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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 I

APPROVAL OF MODELS

Approval of models
20. (1) Save as otherwise provided in this section, this Chapter shall not apply to-
 
 
 
 
(a) any weight or measure which, being subject to verification and stamping under the law as in force immediately before the commencement of this Ordinance, is in use at such commencement;
 
 
(b) any cast iron, brass, bullion or carat weight or any beam scale, except those prescribed by rules made in this behalf;
 
 
 
 
(c) length measures (not being measuring tapes) ordinarily used in retail trade for measuring textile or timber;
 
 
 
 
(d) capacity measures which are ordinarily used in retail trade for measuring kerosene, milk or portable liquors.
 
 
 
 
(2) Where any officer of the Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub section (1) requires a test by the authorised person, he may obtain one such weight or measure from the market and forward it to the authorised person for test, the fees for which shall be payable by the Government.
 
 
 
 
(3) Every person shall, before making or manufacturing any weight or measure to which this Chapter applies, submit for approval to the authorised person, such number of models, drawings and other information relating to such weight or measure as may be specified by the authorised person:
 
 
 
 
Provided that in relation to any weight or measure which has already been made or manufactured, or which is in the process of being made or manufactured, models of such weight or measure shall be submitted to the authorised person from out of the weights or measures which have already been, or are in the process of being, made or manufactured:
 
 
 
 
Provided further that in the case of a weight or measure the model whereof cannot be submitted, whether by reason of its nature or otherwise, it shall be sufficient if the drawings and other specified information about the weight or measure is submitted to the authorised person and thereupon the authorised person shall test the models of such weight or measure at the place where it is made or manufactured or at such other place as may be specified by the Government.
 
 
 
 
(4) The authorised person may levy and collect from the maker of manufacturer such fees for the testing of any model, submitted under this section for approval, as may be fixed by the Government.
 
 
(5) The authorised person shall test the models submitted to him with a view to-
 
 
 
 
(a) ascertaining whether such models conform to the standards established by or under this Ordinance;
 
 
 
 
(b) finding out the ability of such models to maintain accuracy over periods of sustained use; and
 
 
 
 
(c) determining the performance of such models under such varied conditions as may be specified by the 1[Director-General].
 
 
 
 
(6) The authorised person may, if he is satisfied after considering the report that the aforesaid model is in conformity with the provisions of this Ordinance or any rule made thereunder and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in respect of that model.
 
 
 
 
(7) Every certificate of approval of a model may either be published in the official Gazette or in such other manner as the Government may direct.
 
 
 
 
(8) The authorised person may, if he is satisfied that the product made or manufactured in accordance with the model which was approved by him has failed to render the expected performance or to conform to the standards established by or under this Ordinance, revoke the certificate of approval issued by him under sub section (6):
 
 
 
 
Provided that no such revocation shall be made except after giving the maker or manufacturer of such weight or measure a reasonable opportunity of being heard:
 
 
 
 
Provided further that where the authorised person is satisfied that as a result of the alteration made by the maker or manufacturer in the model of the weight or measure, such model has become fit for approval, he may vacate the order of revocation of the certificate of approval issued by him.
 
 
 
 
 
 
 
 
(9) If for any reason any material of the approved model of a weight or measure becomes non available in Bangladesh, the manufacturer may continue the manufacture of such weight or measure with such substitute materials as may be, in his opinion, most suitable for the manufacture of such weight or measure, but where the manufacturer does so, he shall send such substitute materials to the authorised person for test.
 
 
 
 
(10) If the authorised person is of opinion that the substitute material referred to in sub section (9) is not suitable and that there is available in Bangladesh any other material which is more suitable, the authorised person shall intimate his findings to the manufacturer, and thereupon the manufacturer shall not manufacture the weight or measure with any material other than the material recommended by the authorised person, until the material which was originally approved by the authorised person becomes available in Bangladesh:
 
 
 
 
Provided that where, in the opinion of the authorised person, the substitute material referred to in sub section (9) is not suitable and no other suitable material is also available in Bangladesh, the approval in relation to the model shall stand suspended until a suitable material becomes available in Bangladesh.
 
 
 
 
(11) Where the model of any weight or measure has been approved, the models of different denominations of such weight or measure shall not require any approval if such denominations are manufactured in accordance with the principles according to which, and the materials with which, the approved model has been manufactured.
Licence to manufacture weights and measures
21. (1) Before issuing a licence to make or manufacture any weight or measure to which this Chapter applies, the Government or any person authorised by it in this behalf shall satisfy itself or himself, as the case may be, that a certificate of approval of the model of such weight or measure has been granted under section 20.
 
 
 
 
(2) Where any certificate of approval of any model has been revoked by the authorised person, the licence issued for making or manufacturing of any weight or measure in accordance with such model shall stand suspended:
 
 
 
 
 
 
 
 
Provided that such suspension shall stand vacated if such model is subsequently approved by the authorised person.
Weights and measures to contain the number of the approved model, etc.
22. Every weight or measure for which a model has been approved shall bear thereon, in such manner as may be specified by the Government, the number of the approved model and the number of the certificate by or under which such model was approved:
 
 
 
 
Provided that where the Government is of opinion that inclusion of any such particulars on any weight or measure is not possible by reason of its size or nature, it may exempt the inclusion of such particulars on such weight of measure.
 
 
 
 

Chapter II

COMMODITIES IN PACKAGED FORM

23. (1) No person shall-
 
 
 
 
(a) make, manufacture, pack, sell, or cause to be packed or sold, or
 
 
 
 
(b) distribute, deliver, or cause to be distributed or delivered, or
 
 
 
 
(c) offer, expose or possess for sale,
 
 
 
 
any commodity in packaged form unless such package bears thereon or on a label securely attached thereto a definite, plain and conspicuous declaration, made in the specified manner, of ¬
 
 
 
 
(i) the identity of the commodity in the package;
 
 
 
 
(ii) the net quantity, in terms of the standard unit of weight or measure, of the commodity in the package;
 
 
 
 
(iii) the accurate number of the commodity contained in the package, if the commodity is packed or sold by number; and
 
 
 
 
(iv) the sale price of the package.
 
 
 
 
(2) Every package referred to in sub section (1) shall bear thereon the name of manufacturer and also of the packer or distributor.
 
 
 
 
 
 
(3) Where the package of a commodity or the label thereon bears a representation as to the number of servings of the commodity contained therein, such package or label shall also bear a statement of the net quantity (in terms of weight, measure or number) of each such serving.
 
 
 
 
(4) The statement on a package or label as to the net weight, measure or number of the contents thereof shall not include any expression which tends to qualify such weight, measure or number.
 
 
 
 
(5) Where the Government has reason to believe that there is undue proliferation of weight, measure or number in which any commodity is, or reasonable comparable commodities are, being packed for sale, distribution or delivery and such undue proliferation impairs, in the opinion of the Government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, the Government may direct the manufacturers and also the packers or distributors to sell, distribute or deliver such commodity in such standard quantities or numbers as it may specify.
 
 
 
 
(6) Whenever the retail price of a commodity in packaged form is stated in any advertisement, there shall be included in the advertisement a conspicuous declaration as to the net quantity or number of the commodity contained in the package and retail unit sale price thereof.
 
 
 
 
(7) No person shall sell, distribute or deliver for sale a package containing a commodity which is filled less than the specified capacity of such package except where it is proved by such person that the package was so filled with a view to-
 
 
 
 
(a) giving protection to the contents of such package, or
 
 
 
 
(b) meeting the requirements of machines used for enclosing the contents of such package.
 
 
 
 
(8) The Government may specify such reasonable variations in the net contents of the commodity in a package as may be caused by the method of packing or the ordinary exposure which may be undergone by such commodity after it has been introduced in trade or commerce.

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.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

  • 1
    The words “Director-General” were substituted for the word “Director” by section 6 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)
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