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The Standards of Weights and Measures Ordinance, 1982

( Ordinance NO. XII OF 1982 )

এই অধ্যাদেশ ওজন ও পরিমাপ মানদণ্ড আইন, ২০১৮ (২০১৮ সনের ৫৬ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

MANUFACTURE, IMPORT AND EXPORT OF WEIGHTS AND MEASURES AND COMMODITIES IN PACKAGED FORM

Prohibition of the manufacture, etc. of weights and measures without licence
24. (1) No person shall carry on the business of manufacturing, repairing or selling any commercial weight or measure or any weighing instrument or measuring instrument except in accordance with the provisions of a certificate granted under section 20.
 
 
 
 
(2) No dealer or manufacturer shall export or import any weight or measure unless he is registered under this section as such exporter or importer, as the case may be.
 
 
 
 
(3) Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within such time from the commencement of this Ordinance as may be prescribed an application for the inclusion of his name in the register to be maintained for the purpose.
 
 
 
 
(4) The application referred to in sub section (3) shall be made to the authorised person and every such application shall be made in such form, in such manner and on payment of such fees, not exceeding one hundred Taka, as may be prescribed.
 
 
 
 
(5) On receipt of an application referred to in sub section (3), the authorised person shall enter the name of the applicant in the register referred to in that sub section and issue to the applicant a certificate to the effect that his name has been so entered.
 
 
 
 
(6) A certificate granted under sub section (5) shall be valid for the period specified therein and may be renewed, from time to time, for such further period as may be prescribed.
Conditions under which export of non standard weights and other goods may be allowed
25. (1) Subject to such conditions, limitations and restrictions as may be prescribed, the Government may allow the export of any weight or measure which has been made or manufactured exclusively for export with the previous permission of the Government notwithstanding that such weight or measure does not conform to the standards established by or under this Ordinance. Conditions under which export of non standard weights and other goods may be allowed
 
 
 
 
 
 
(2) Where any commodity in packaged form is exported and the person to whom such export is to be made so requires, the exporter may, in addition to specifying the net contents of such package in terms of the standard units of weight or measure established by or under this Ordinance, also specify the weight or the net contents thereof in terms of such units of weight or measure as may be specified by the person to whom such commodity is to be exported.
 
 
 
 
(3) Notwithstanding anything contained elsewhere in this Ordinance, in relation to any goods which are exported,-
 
 
 
 
(a) quotation of any price;
 
 
 
 
(b) issue of any price list, invoice or cash memo;
 
 
 
 
(c) indication of the weight or measure or number of net contents of any package on any label, carton or other thing; and
 
 
 
 
(d) expression of any dimension,
 
 
 
 
may be made in accordance with any other system of weight, measure or numeration if the person to whom the export is to be made so requires.
Non metric weight or measure not to be imported
26. (1) Save as otherwise provided in sub section (2), no weight or measure, whether singly or as a part or component of any machine or machinery, shall be imported unless it conforms to the standards of weight or measure established by or under this Ordinance.
 
 
 
 
(2) Where any commodity, machinery or any part or component of any machineries imported from a country in which the metric system of weight or measure is not in force, or in which such system being in force, such commodity, machinery, part or component of any machinery has not been made or manufactured in accordance with such system, the importer shall before making such import, make an endeavour to obtain, on such commodity, machinery, part or component, and also on the drawing thereof, the weight or measurement thereof expressed in terms of the standard unit of weight or measure established by or under this Ordinance:
 
 
 
 
 
 
 
 
Provided that where any weight or measure has not been expressed in terms of the standard unit of weight or measure established by or under this Ordinance, on any commodity, machinery, part or component or on any drawings thereof, the importer shall, within six months from the date of import, get the weight or measure thereof expressed on such commodity, machinery, part or component and on the drawings thereof in terms of the standard unit of weight or measures established by or under this Ordinance.
Prohibition of use of weights and measures other than standard weights and measures
27. (1) Notwithstanding anything contained in any other law for the time being in force or any custom or usage or practice, no unit or measure, other than standard weight or standard measure, shall, after the expiry of six months from the date on which this section has come into force in any area or in relation to any goods or undertaking, be used, except as permitted under sub section (2) in such area or in relation to such goods or undertaking in any transaction of trade or commerce or in any dealing or contract.
 
 
 
 
(2) The Government may, by notification in the official Gazette, permit the continuance in use, in any area in which, or in relation to any class of goods or undertaking in respect of which, this section has come into force, of such weight or measure which was in use immediately before the date of such coming into force, for such period not exceeding three years from that date, as may be specified in the notification.
Prohibition of demanding or receiving a quantity different from that determined in terms of standard weight, etc.
28. Notwithstanding any custom, usage, practice or method of whatever nature to the contrary, no person shall demand or receive, or cause to be demanded or received, any quantity of goods or commodity in excess of, or less than, the quantity fixed by the contract or dealing in respect of such goods or commodity and determined in terms of a standard weight or standard measure.
Power to direct the use of weights only, or measures only, in certain areas
29. The Government may, by notification in the official Gazette, direct that no transaction, dealing or contract shall be made in such area, from such date, subject to such conditions and in respect of such trade or call of trades as may be specified therein except by weight only or except by measure only.
Commercial weights and measures to bear mark of denomination
30. No weight or measure shall be sold, delivered or in any manner used as a commercial weight or measure unless the description of the weight or measure which it purports to be is marked on it in the prescribed manner:
 
 
 
 
Provided that where, in the case of any commercial weight or measure or any class thereof compliance with the requirement of this section is not, in the opinion of the Government, practicable, the Government may, by notification in the official Gazette, exempt such weight or measure or class from such requirement.
Prohibition of sale, etc., of unstamped commercial weights and measures
31. (1) No commercial weight or measure or weighing instrument or measuring instrument shall be sold, delivered, used or possessed for use in any transaction of trade or commerce unless it has been verified and stamped in the prescribed manner:
 
 
 
 
Provided that where, in the case of any commercial weight or measure or any class thereof, compliance with the requirement of this section is not, in the opinion of the Government, practicable, the Government may, by notification in the official Gazette, exempt such weight or measure or class from such requirement.
 
 
 
 
(2) Where any commercial weight or measure or weighing instrument or measuring instrument-
 
 
 
 
(a) is found in the possession of any trader or any employee or agent of any trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transaction of trade or commerce; and
 
 
 
 
(b) is used or possessed by any employee or agent or any trader on behalf of the trader, such trader shall, unless he proves that it was used or possessed by the employee or agent without his knowledge or consent, be also deemed to have used it or to have had it in his possession.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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