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18/08/2022
Laws of Bangladesh

The Standards of Weights and Measures Ordinance, 1982

( Ordinance NO. XII OF 1982 )

Definitions
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
 
 
(a) “authorised person” means a person authorised by the Government to exercise or perform any specific power or duty under this Ordinance.
 
 
 
 
(b) “calibration” means all the operation which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure, and includes the actual fixing of the positions of the gauge marks or scale marks of a weight or measure, or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured;
 
 
 
 
Explanation. Calibration may also be carried out with a view to permitting the use of a weight or measure as a standard;
 
 
 
 
(c) “commercial weight or measure” means weight or measure purporting to be a standard of weight or measure used in any transaction for trade or commerce;
 
 
 
 
(d) “commodity in packaged form” means commodity packaged, whether in any bottle, in wrapper or otherwise, in units suitable for sale, whether wholesale or retail;
 
 
 
 
(e) “dealer”, in relation to any weight or measure, means a person who, or a firm or a family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measures, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes-
 
 
 
 
(i) a commission agent who carries on such business on behalf of any principal;
 
 
 
 
(ii) an importer sells, supplies, distributes or otherwise delivers any weight or measure to any user, manufacturer, repairer, consumer or any other person, but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any weight or measures to any person or category of persons referred to in this clause;
 
 
Explanation. For the removal of doubts, it is hereby declared that a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure to any person other than a dealer, shall be deemed to be a dealer;
 
 
 
 
1[(f) “Director-General” means the Director-General of the Bangladesh Standards and Testing Institution established under the Bangladesh Standards and Testing Institution Ordinance, 1985 (XXXVII of 1985);]
 
 
 
 
(g) “export”, with its grammatical variations and cognate expressions, means taking out of Bangladesh to a place outside Bangladesh;
 
 
 
 
(h) “false package” means any package which does not conform to the provisions of this Ordinance or any rule or order made thereunder in relation to such package;
 
 
 
 
(i) “false weight or measure” means any weight or measure which does not conform to the standards established by or under this Ordinance in relation to that weight or measure;
 
 
 
 
(j) “General Conference on Weights and Measures” means the Conference General des Poids et Measures established under the Convention de Metre;
 
 
 
 
(k) “import”, with its grammatical variations and cognate expressions, means bringing into Bangladesh from a place outside Bangladesh;
 
 
 
 
2[(l) “Inspector” means an Inspector appointed under section 14, and shall include an Inspector appointed under section 25 of the Bangladesh Standards and Testing Institution Ordinance, 1985 (XXXVII of 1985);
 
 
 
 
(m) “Institution” means the Bangladesh Standards and Testing Institution established under the Bangladesh Standards and Testing Institution Ordinance, 1985 (XXXVII of 1985);]
 
 
(n) “International Bureau of Weights and Measures” means the Bureau International des Poids et Measures, established under the Convention de Metre, et Sevres in France;
 
 
 
 
(o) “International Organisation of Legal Metrology” means the Organisation International de Metrologic Legale established under the Convention Instituant Une Organisation Internationale de Metrologic Legale;
 
 
 
 
(p) “International prototype of the kilogram” means the prototype sanctioned by the First General Conference on Weights and Measures held in Paris in 1889, and deposited at the International Bureau of Weights and Measures;
 
 
 
 
(q) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity;
 
 
 
 
(r) “manufacturer”, in relation to any weight or measure, means a person who, or a firm or a family which,-
 
 
 
 
(i) makes or manufactures such weight or measure;
 
 
 
 
(ii) makes or manufactures one or more parts, and acquires the other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be;
 
 
 
 
(iii) does not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be;
 
 
 
 
(iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be;
 
 
 
 
Explanation. where any manufacturer despatches any weight or measure or any part thereof to any branch office maintained by him or it, such branch office shall
 
 
not be deemed to be a manufacturer even though the parts so despatched to it are assembled at such branch office;
 
 
 
 
(s) “mass” means the quantity of a matter and, while on the surface of the earth, is synonymous to, and may, for the purpose of this Ordinance, be expressed by, weight;
 
 
 
 
(t) “normal atmospheric pressure” means the pressure exercised by 1,01.325 newtons per square metre, a newton being the force which imparts to a mass of one kilogram an acceleration of one metre per second per second;
 
 
 
 
(u) “person” includes-
 
 
 
 
(i) every department or office;
 
 
 
 
(ii) every organisation established or constituted by the Government;
 
 
 
 
(iii) every local authority;
 
 
 
 
(iv) every co operative society;
 
 
 
 
(v) every other society registered under the Societies Registration Act, 1860 (XXI of 1860);
 
 
 
 
(v) “premises” includes
 
 
 
 
(i) a place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent, by whatever name called;
 
 
 
 
(ii) a warehouse, godown or other place where any weight, measure or other goods are stored or exhibited;
 
 
 
 
(iii) a place where any book of accounts or other documents pertaining to any trade or transaction are kept;
 
 
 
 
(iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade;
 
 
 
 
Explanation. For the purpose of this clause, “place” includes a vehicle or vessel or any other mobile device, with the help of which any trade or business is carried on, and also includes any measuring instrument mounted on a vehicle, vessel or other mobile device;
 
 
 
 
(w) “prescribed” means prescribed by rules made under this Ordinance;
 
 
 
 
(x) “reference standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of any secondary standard;
 
 
 
 
(y) “repairer” includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standard established by or under this Ordinance;
 
 
 
 
(z) “sale”, with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of any weight, measure or other goods on hire purchase system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;
 
 
 
 
(za) “seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;
 
 
 
 
(zb) “secondary standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of' any working standard;
 
 
 
 
(zc) “stamp” means a mark, which is made on, or in relation to, any weight or measure with a view to-
 
 
 
 
(i) certifying that such weight or measure conforms to the standard specified by or under this Ordinance, or
 
 
 
 
(ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Ordinance, has been obliterated;
 
 
 
 
 
 
Explanation. A stamp may be made by impressing, casting, engraving, etching, branding or any other process;
 
 
 
 
(zd) “trade”, with its grammatical variations, means any sale, bargain transaction, dealing or contract and includes collection of tolls and duties;
 
 
 
 
(ze) “transaction” means-
 
 
 
 
(i) any contract, whether for sale, purchase, exchange or any other purpose, or
 
 
 
 
(ii) any assessment of royalty, toll, duty or other dues, or
 
 
 
 
(iii) the assessment of any work done, wages due or services rendered;
 
 
 
 
(zf) “unverified weight or measure” means a weight or measure which, being required to be verified and stamped under this Ordinance, has not been so verified and stamped;
 
 
 
 
(zg) “verification”, with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Ordinance and also includes re verification and calibration;
 
 
 
 
(zh) “weighing or measuring instrument” means any object, instrument, apparatus or device, or any combination thereof which is, or is intended to be, used, exclusively or additionally, for the purpose of making any weighment or measurement, and includes any appliance, accessory or part associated with any such object, instrument, apparatus or device;
 
 
 
 
(zi) “weight or measure” means a weight or measure specified by or under this Ordinance, and includes a weighing or measuring instrument;
 
 
 
 
(zj) “working standard” means the set of standard weight or measure which is made or manufactured by or on behalf of the Government for the verification of any standard weight or measure, other than a national prototype or national reference or secondary standard.

  • 1
    Clause (f) was substituted by section 2 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)
  • 2
    Clauses (l) and (m) were substituted by section 2 of the Standards of Weights and Measures (Amendment) Act, 2001 (Act No. VI of 2001)
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Ministry of Law, Justice and Parliamentary Affairs