32. Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the standards of numeration, as the case may be, established by or under this Ordinance, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ¹[three thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to two years and also with fine.

33. Except where any weight or measure is made or manufactured, with the permission of the Government, exclusively for export, every person who makes or manufactures any weight or measure which does not conform to the standards of weight or measure established by or under this Ordinance, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ²[ten thousand Taka], or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

34. Except where any weight or measure is made or manufactured with the permission of the Government exclusively for export, every person who makes or manufactures any weight or measure which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight or measure established by or under this Ordinance, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ³[five thousand Taka], or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

35. Whoever tempers with, or alters, in any way, any reference standard, secondary standard or working standard except such alteration is made for the correction of any error noticed therein on verification, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand Taka, or with both.

36. Whoever obstructs the authorised person in the exercise of his powers or discharge of his functions as authorised person, or with intent to prevent or deter the authorised person from exercising his powers or discharging his functions, or in consequence of any thing done or attempted to be done by the authorised person in the lawful exercise of his powers or discharge of his functions as such, shall be punished with imprisonment for a term which may extend to ⁴[two years, or with fine which may extend to fifteen thousand Taka, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine].

37. Whoever, being required by or under this Ordinance so to do, without any reasonable excuse, omits or fails to maintain any record or register, or being required by the authorised person, to produce any record or register for his inspection, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to ⁶[five thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.

38. Whoever, being required by section 20 to submit the model of any weight or measure for approval, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

39. (1) Whoever makes or manufactures any weight or measure which is, or is intended to be, sold, distributed, delivered or otherwise transferred in the course of trade or commerce, shall, unless a certificate of approval of the model of such weight or measure granted under section 20 is in force, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine. (2) Whoever, without any reasonable excuse, manufactures any weight or measure in accordance with an approved model with any material other than the material approved or recommended by the authorised person, shall be punished with imprisonment for a term which may extend to three years and also with fine.

40. Whoever makes or manufactures, any weight or measure without complying with the requirements of section 22 shall be punished with fine which may extend to ⁷[ten thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

41. Whoever, in the course of trade or commerce, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred any commodity in a packaged form which does not conform to the standards of weight or measure established by or under this Ordinance, shall be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

42. Whoever exports or imports any weight or measure without being registered under this Ordinance shall be punished with fine which may extend to ⁸[five thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.

43. Every person who exports any weight or measure or commodity in packaged form which does not conform to the standard of weight or measure established by or under this Ordinance shall, except where such export has been made with the previous approval of the Government, be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

44. Whoever contravenes, without any reasonable excuse, the provisions of section 26, shall be punished with fine which may extend to ⁹[ten thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

45. Whoever, in the course of any trade or commerce,- (i) sells, delivers, or causes to be sold or delivered to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or (ii) renders any service by weight, measure or number, less than the service contracted for or paid for; or (iii) demands, or causes to be demanded, or receives, or causes to be received, while buying any article or thing, any quantity or number of goods in excess of the quantity or number contracted for or paid for; or (iv) obtains any service in excess of the service contracted for or paid for; shall be punished with fine which may extend to ¹⁰[ten thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

46. Whoever, in the course of any trade or commerce, contravenes the provisions of ¹²[section 31 or 58] shall be punished with fine which may extend to ¹³[five thousand Taka] and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

¹⁴[46A. Whoever- (a) counterfeits any seal or stamp; or (b) possesses, sells or otherwise disposes of any counterfeit seal; or (c) removes or tempers any stamp; or (d) removes any stamp and affixes the same on, or inserts the same into any other weights or measures; or (e) increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby; shall be punished with imprisonment for a term which may extend to two years but shall not be less than six months and, for the second or subsequent offence, with imprisonment for a term which may extend to five years but shall not be less than one year and also with fine.]

47. Whoever contravenes any provision of this Ordinance for the contravention of which no punishment has been separately provided elsewhere in this Ordinance, shall be punished with fine which may extend to ¹⁵[five thousand Taka].

48. (1) If any person, in the course of trade or commerce, uses, or causes to be used, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that he had done so with the knowledge that the weight or measure was false or unverified weight or measure. (2) If any person makes or manufactures or has in his possession, custody or control any false or unverified weight or measure in such circumstances as to indicate that such weight or measure is likely to be used in the course of trade or commerce, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was made manufactured, possessed, held or controlled by such person with the knowledge that the same would be, or is intended to be, used in the course of trade or commerce.

49. Whoever personates, in any way, the Director, or the authorised person, shall be punished with imprisonment for a term which may extend to three years.

50. (1) Whoever gives information to the authorised person which he may require or ask for in the course of his duty and which such person either knows, or has reason to believe, to be false shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ¹⁶[five thousand Taka], or with both. (2) Whoever, being required by or under this Ordinance so to do, submits a return which is false in material particulars, shall be punished with fine which may extend to ¹⁷[five thousand Taka], and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

51. (1)The authorised person who knows that there are no reasonable grounds for so doing, and yet- (a) searches, or causes to be searched, any house, conveyance or place, or (b) searches any person, or (c) seizes any weight, measure or other movable property, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both. (2) If an inspector- (a) wilfully verifies any weight or measure within the meaning of section 16, or (b) wilfully obliterates any stamp on any such weight or measure, he shall, for every such offence, be punished with imprisonment for a term which extend to one year, or with fine which may extend to two thousand Taka, or with both.

52. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898),- (a) no Court shall take cognizance of an offence punishable under this Ordinance except upon a complaint in writing, made by an officer authorised ¹⁸[by the Institution] in this behalf; (b) no Court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Ordinance; (c) an offence punishable under section 32, section 33, section 34, section 37, section 39, section 40, section 41, section 42, section 43, section 44, ¹⁹[section 46 or section 46A], may be tried summarily and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is summarily tried under this section.

53. (1) Any offence punishable under section 32, section 37, section 38, section 39, section 41, section 42, section 43, section 44, section 45, section 46, ²⁰[section 46A] or section 47, may, either before or after the institution of the prosecution, be compounded by the authorised person or such other officer as may be specially authorised by the Government in this behalf, on payment for credit ²¹[to the Institution] of such sum as the authorised person or such other officer may specify : Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Ordinance for the offence so compounded. (2) Nothing in sub section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence committed by him was compounded. Explanation. For the purposes of this sub section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be a first offence. (3) Where an offence has been compounded under sub section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith. (4) No offence under this Ordinance shall be compounded except as provided by this section.

²²[53A. If, in any prosecution under this Ordinance, the Court imposes any penalty provided in this Ordinance, it shall also direct the person upon whom such penalty is imposed to pay to the Institution such sum towards the costs of the prosecution (including the cost of any analysis or examination made under this Ordinance) as the Court may think reasonable and such sum shall be realised from that person as though it was a fine imposed under this Ordinance.]

54. (1) If the person committing an offence under this Ordinance is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, he shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. For the purposes of this section,- (a) “company” means any body corporate and includes a firm or other association of individuals ; and (b) “director”, in relation to a firm, means a partner in the firm.

55. The provisions of the Penal Code (Act XLV of 1860), shall not, in so far as such provisions relate to offence with regard to weights and measures, apply to any offence which is punishable under this Ordinance.