BANGLADESH STANDARDS AND TESTING INSTITUTION ORDINANCE

Bangladesh Standards and Testing Institution Ordinance, 1985 Act created to repeal it

Since the fourth amendment to the Constitution (Fifth Amendment) Act, 25 (Act No. 8 of 28), the approval and support of the ordinances issued by the military decree from March 25 to November 3, was abolished and the fourth section of the Constitution of the People’s Republic of Bangladesh abolished. No. 3/20 The judgment rendered by the Appellate Division of the Supreme Court is inconsistent with military law. Dhanika ghosanapurbaka validation provider of the Constitution (Seventh Amendment) Act, 1986 (Act No.1 of 1986) annulled the ordinances were losing effectiveness; And that

because some of the said ordinances are enforced by the law of section 25; And

Since, after reviewing the requirements and relevance of such Ordinances, the Government has taken decision to adopt the opinion of all the stakeholders and all the ministries and departments and to make new laws in Bengal with necessary amendments and refinements; And, in light of the Government’s aforementioned decisions, it is expedient and necessary to re-enact a new law in response to the needs of the period, repealing its contents, repealing the Bangladesh Standards and Testing Institution Ordinance, 1985 (Ord. No. XXXVII of 1985);

Therefore, the law is hereby made as follows: –

Short title and introduction

  1. (3) This Act shall be called Bangladesh Standards and Testing Institution Act, 20.

(2) This Act shall come into force immediately.

Definition

  1. Unless there is anything repugnant in the subject or context, under this Act-

(1) “Institution” means the Bangladesh Standards and Testing Institution as described in section 4;

(2) “Chairman” means the Chairman of the Council;

(4) “trade mark” means any registered trademark or any mark proposed to be used or used in connection with a product in which the business appears to have the proprietary rights of the user over the product;

(4) “product” means any product produced or natural, or partially produced or partially natural, or raw or partial or fully processed or produced;

(4) “Inspector” means an inspector appointed by a section 22 or any employee of the Institution empowered by the Director General for this purpose;

(3) “Council” means a council constituted under section 4;

(3) “process” means the conventional manner, manner and manner of producing any product;

(3) “regulation” means the regulation made under section 4;

(3) “Fees” means any fees and charges prescribed by the Institution, or any money payable under the Act;

(3) “criminal procedure” means the Code of Criminal Procedure, 1898 (Act No. V of 1898);

(3) “Bangladesh Standard” means the national standard of Bangladesh as prescribed and published by the Institution, indicating the quality of any such product or process, and for the purpose of this clause, the following shall also include: –

(a) a temporary standard; Or

(b) any international standard adopted by the Institution;

(12) “Rule” means the rules made under section 4;

(3) “person” means any person, company, association, partnership dealing, statutory or any other company or their representative;

(4) “Director General” means the Director General of the Institution;

(4) “Mark” means any device, brand, title, label, ticket, name, signature, word, letter, symbol, number, numbered element or color combination, and any combination thereof. ;

(3) “license” means a license granted under section 4, for the purpose of using the standard mark in accordance with the Bangladesh standard in respect of any product or process;

(4) “Label” means the information, composition, material, quality, use instructions, properties, weight, quantity, price, production or expiration date of any product for the purpose of providing information, written, printed or in the container or tag of the product. Any display of the image or printed description of the product or other related material;

(4) “classification” means the classification of objects in conformity with the standards prescribed by the regulations;

(4) “simplification” means reducing the unnecessary size and variation of any goods;

(27) “Standard Mark” means the Bangladesh Standards and Testing Institution Certification Mark, as determined by the Regulation, for the purpose of clause (k) of section 4 to represent Bangladesh Standard.

Not to undermine the law under another law

  1. Proceedings or arrangements taken under this Act or the rules or regulations made thereunder shall be in addition to any action taken under any other law and shall not alleviate the action taken under another law.

Establishment of Institution

  1. (3) For the purpose of this Act, the Bangladesh Standards and Testing Institution established under the Bangladesh Standards and Testing Institution Ordinance, 1985 (Ord. No. XXXVII of 1985) shall continue as it is established under this Act.

(2) The Institution shall be a statutory body and shall have a permanent continuity and a general seal, and subject to the provisions of this Act, it shall have the power to acquire, hold and transfer property in both immovable and immovable property, and to lodge it in its own name. A lawsuit can also be filed against him under that name.

Head Office, etc.

  1. (3) The Head Office of the Institution shall be in Dhaka.

(2) The Institution may, if necessary, with the prior approval of the Government, establish its offices and branches at any place.

Functions of the Institution

  1. The functions of the Institution shall be as follows: –

(a) To establish the quality and dimension of Bangladesh standard and to prepare for the adoption of a common standard of goods, products, infrastructure, work and production on a national and international basis and to encourage the practice of the customs and, from time to time, Withdraw, alter, alter and modify such standard;

(B) considering the Bangladesh standard for measuring length, weight, mass, measurement and strength and recommending it to the Government;

(C) establishing laboratories, establishing new or conducting research work for setting standards for industry and commerce, taking measures on standardization, metrology and simplification, and conducting related activities, including industrial development;

(D) ensuring compliance with the Bangladesh Standard Manufacturers and Consumers adopted by the Institution;

(E) implementing Bangladesh standard through national certification mark scheme or product inspection or both;

(F) To investigate, research or develop the product, process, process and system test, test and inspection for the development of exports if necessary or to create opportunities, and to fulfill the purpose of this section, the Bangladesh standard of any product or Report on classification test;

(G) To certify the quality of goods, goods, products, and other goods, including local uses, exports or imports;

(H) to coordinate with the producer and consumer for the development of any product, product or method, equipment, process and procedure whereby unnecessary variations in the national waste and pattern of the product, the time spent on the product and the size of the product and the corresponding purpose are avoided;

(I) to determine and publish the contents of the Bangladesh Standard Specification relating to a product or process or usage in the manner prescribed by the regulations;

(J) recognizing, possessing or endorsing an institution located in Bangladesh or a foreign state, or a standard established by an international organization, as a Bangladesh standard in a manner prescribed by regulations for any product or process;

(K) to specify a standard mark called the Bangladesh Standards and Testing Institution Certification Mark, which shall be made in the design and special element prescribed by the regulations for presentation of the Bangladesh Standard;

(L) issue licenses, renew, refuse, cancel or suspend orders in the manner prescribed by the regulations for the use of the standard mark;

(D) inspection and sampling of the products or products required to monitor whether Bangladesh Standard Mark, with or without license, has been properly used in any product or process or whether the Standard Mark has been used improperly in any product or process. Collect;

(3) to use other laboratory services other than the laboratory operated by the Institution, with the permission of its owner, and to approve similar laboratories for the purpose of the Institution;

(O) the examination of subtle and scientific instruments, machinery or equipment, and the calibration measures taken or the opportunity to be made, and the issuance of certificates for the purpose by which the standard can be ascertained;

(T) assisting any person, organization or organization located outside Bangladesh to fulfill the purpose of establishing the Institution;

(L) the classification and marking of agricultural products for export purposes as per the Agricultural Produce Grading and Marking Act, 1937 (Act. No. I of 1937) and the rules made thereunder; And

(e) to perform all functions and matters related to or related to the above-mentioned functions.

Management and administration

  1. (3) The responsibility of the management and administration of the Institution shall be vested in a Council, and the Council may exercise and exercise all the powers that the Institution may exercise.

(2) The Council shall, from time to time, follow the directions given by this Act, Rules, Regulations and Government in the discharge of its duties and functions.

Constitution of the Council

  1. (3) The Council shall be composed of the following members, namely: –

(a) the Minister in charge of the Ministry of Industry, who shall also be the Chairman of the Council;

(B) the Minister of State, if any, in charge of the Ministry of Industry, who shall also be the first Vice-Chairman of the Council;

(C) the Secretary, the Ministry of Industry, who shall also be the second Vice-Chairman of the Council;

(D) the Inspector General of Police;

(E) ‘Chairman’ Bangladesh News Agency, ex officio;

(F) Chief Information Officer, Directorate of Information;

(G) chief regulator, import and export;

(H) Director General, Bangladesh Television;

(I) Director General, Bangladesh Wireless;

(J) a representative of each of the above-mentioned ministries or, as the case may be, the other joint secretary-designate designated by the Ministry and Division referred to in Part-1 of the Schedule;

(K) the president or chairman of the company mentioned in Part-II of the scheme;

(L) the chief executive of the institution mentioned in Part-1 of the scheme; And

(e) the Director General, who shall also be the Secretary of the Council.

(2) A member nominated in subsection (1) shall serve for a period of three (three) years from the date of nomination:

provided that, in the case where a person is nominated as a member by virtue of his position or appointment, his name, position or If the appointment is canceled, the post of member will also be automatically canceled.

(4) A person nominated as a member may at any time leave his post in writing for the purpose of the Chairman:

provided that no resignation shall be effective in the field which is not accepted by the Chairman.

(4) No vacancy or defect in the formation of the Council shall be invalid in any position, and no proceedings or proceedings of the Council shall be invalid and thereby no question can be raised.

Meeting of the Council

  1. (4) Subject to the other provisions of this section, the Council may determine the procedure of its meeting.

(2) A meeting of the Council shall be held at the date, time and place prescribed by the Chairman and with the consent of the Chairman.

(4) The Chairman shall preside over all meetings of the Council, but in his absence the first Vice-Chairman, or in the absence of the Chairman and First Vice-Chairman, in the absence of the Second Vice-Chairman or all of them, a member elected for the purpose by the present members shall preside.

(4) The meeting shall be quorum in the presence of at least eight (eight) members, but in case of adjournment meeting, quorum shall not be required.

(4) The decision shall be taken by the vote of the majority of the members present at the meeting of the Council.

(4) Every board of directors shall have one vote in the meeting of the council, but in the case of equality of votes, the person presiding shall have a second or decisive vote.

(3) A meeting of the Council shall be held at least once every 6 months.

Appointment of committees

  1. (3) The Council may constitute one or more committees for the smooth functioning of its functions.

(2) For the formation of a committee under sub-section (1), the council shall appoint the chairman and members of the committee as per the requirements.

(3) The chairman and members of the committee shall perform the duties prescribed by the council.

Involvement of the Council with non-members, etc.

  1. (3) The Council or a committee constituted under section 4 may, if deemed necessary, provide assistance or advice to its functioning, may engage any person with it.

(2) A person belonging to the council or a committee constituted under section 4 may take part in the meetings of the council or, as the case may be, the meeting of the committee, but shall have no voting power.

Director General

  1. (3) There shall be a Director General of the Institution who shall be appointed on such terms as may be prescribed by the Government.

(2) The Director General shall be the Chief Executive of the Institution and he shall be responsible for the administration of the Institution properly.

Employee recruitment, etc.

  1. (3) The Institution may appoint the required number of employees, subject to the organizational structure approved by the Government, to perform its functions.

(2) The recruitment procedure and terms of service of the employees of the Institution shall be determined by the regulations.

Authentication of Institution Order and Other Documents

  1. All orders and decisions of the Institution, and all other documents issued, shall be authenticated by the signature of an officer or employee authorized by the Council for this purpose.

The use of the standard mark without a license is prohibited

  1. (4) Without obtaining a license under section 4, no person shall use the standard mark or any imitation thereof in any product or process, or in the title of a patent, or in any trade mark or design.

(2) Notwithstanding the license granted under section 3, if a product or process is not in conformity with the Bangladesh standard, then no person shall use the standard mark or any imitation thereof.

Licenses, etc.

  1. (4) If any person, any product, process or title of a patent or wants to use a standard mark in a trade mark or design, or has a similar obligation under section 20 or 20, he shall pay the fee prescribed by regulation for the purpose of obtaining a license for such use of the standard mark. Application to the Institution in the form prescribed by Ribena.

(2) The Institution may issue a license after satisfying the necessary inquiry, if it satisfies the following matters, namely: –

(a) the product or process in which the standard mark will be used is consistent with the relevant Bangladesh standard; And

(b) regular inspection or inspection of the related product or process to ensure that it is compliant with Bangladesh standard.

(3) A license may be issued by the Institution, subject to the receipt of a fee, in the form and conditions prescribed by the regulations.

(3) The license granted under this section shall be for a period of three years.

(4) Notwithstanding anything contained in sub-section (1), the Institution may, if it is satisfied that any of the conditions stated in the license have been violated, may revoke it, giving reasonable opportunity for a hearing.

(4) If a licensee’s license is lost or otherwise lost, he may apply for a transcript of the license in the manner prescribed by the regulations and subject to the payment of fees.

(4) Upon receipt of an application under sub-section (1), the Institution shall provide a copy of the license in the manner and time prescribed by the regulations.

Exemption approval

  1. The Institution may issue quality discounts in accordance with the regulations and in accordance with the payment of fees, in accordance with the imported goods.

The use of certain names is prohibited, and so on

  1. No person, in any other field or circumstance other than the field and circumstance determined by the regulation, may use any name, expression or mark, as follows: –

(a) any name by which the person is deceived by the institute May be deceived or “Bangladesh Standard” Or ‘Bangladesh Standard Specification’ ‘or similar expressions; Or

(b) any such mark or trade mark expressing a summary of “Bangladesh Standard” or “Bangladesh Standard Specification” or any such expression.

Explanation.- For the purposes of this section, “specification” means the specification of a product or process as far as possible to distinguish it from any other product or process, as far as its nature, value, firmness, purity, mixture, quantity, volume, weight, classification. Description of the product or process, specifying the stability, manufacturer, stability, material, source, type of preparation or other specification

In some cases registration is prohibited

  1. (4) Notwithstanding anything other than any other law for the time being in force, a registration authority shall not register a trade mark or design with any company, organization or individual class having such name, as a result of the use of any name or mark. .

(2) If any question arises as to whether the use of any name or mark violates the provisions of Article 5 or Section 4, the Registration Authority shall forward it to the Government, and in this case the decision of the Government shall be final.

Explanation.- For the purposes of this section, “registration authority” means the competent authority under any law for the time being in force for the registration of a company, institution, or person, or a trade mark or design, or for grant of a patent.

Ability to restrict or restrict the export of certain products

  1. (4) The Government, in consultation with the Institution, by notification in the Official Gazette, subject to the conditions and exceptions mentioned in the notification, does not carry any specific product which does not contain the standard mark in the process of exporting, or follows the common practice, including the practice of trade, outside Bangladesh. To be prohibited or restricted or controlled in any other way Aribe.

(2) No product of a specific description may be taken from Bangladesh without the following conditions of license granted by an employee empowered for such purpose.

(3) All products in which a notification under sub-section (1) applies shall be deemed to have been restricted or prohibited under section 16 of the Customs Act, 1969 (Act No. IV of 1969) and accordingly all of the Act. The provision will remain in effect.

কতিপয় পণ্য বিক্রয়, বিতরণ, বাণিজ্যিক বিজ্ঞাপন, ইত্যাদি নিষিদ্ধ করিবার ক্ষমতা

  1. (3) The Government may, in consultation with the Institution, prohibit the sale, distribution and commercial advertisement of any product mentioned in the Gazette, from the date specified in the notification, which does not adhere to the Bangladesh standard established by the Institution in respect of such product:

provided that , The date mentioned in the notification, 2 (two) months from the date of publication of the notification May not be.

(2) The Government may, if the product is compliant with Bangladesh Standard, give instructions for the identification of it by the standard mark, by notification in the official Gazette.

Explanation.- For the purposes of this section, –

(a) if a product or its associated casing or level is marked by a standard mark, such product shall be deemed to be marked by the standard mark; And

(B) “cover” as specified in clause (a) means any type of shell, barrel, bottle, vessel, box, crate, lid, capsule, sheath, frame, wrapper, or other base.

Inspector

  1. (3) The Bangladesh Standard Mark shall be appointed to inspect and inspect any other duty conferred on it by the Institution, in any product or process or in the title of a patent, or in any trade mark or design.

(2) Subject to the regulations made under this Act, an inspector shall have the following powers, namely:

(a) inspection of any activities relating to a product or process used by the standard mark;

(B) collecting samples of goods or goods or products related to any product or process where the standard mark has been used;

(C) searching, detaining or investigating any crime under this Act as a police officer of the rank of sub-inspector; And

(d) the exercise of other powers.

(4) Every inspector shall be given a certificate of appointment as inspector by the Institution and the inspectors shall display it as desired.

Ability to collect data, etc.

  1. Each Licensee shall submit, to the Institution, a sample and information of any product or object used in any product or process, to the Institute.

Handing over power

  1. The Institution may, by general or special order, delegate any of its powers to the Chairman or the Director General or any member of the Council or to any employee of the institution of grade 5 or higher, in writing, on the terms and conditions specified in the order.

Appeal

  1. (3) An appeal to the Government, subject to payment of the fees prescribed by the Regulation, within one (three) months from the date of receipt of the decision, or within the additional time allowed by the Government in the official Gazette, under the order given under clause (l) of section 4. Can file.

(2) The Government may summon the relevant papers from the Institution and may, after such inquiry, issue an order after such inquiry, and any such order issued by the Government shall be final.

Some things are kept secret

  1. (3) Any statement made by any inspector or any member of the Council or any employee of the Institution under this Act or any evidence provided or provided by the Institution shall be treated as confidential.

(2) Notwithstanding anything contained in sub-section (1), nothing in this sub-section shall be applicable for the disclosure of any information for the purpose of conducting a trial under this Act.

Penalties for violating Article 1, 5 or 6, etc.

  1. (3) If a person violates any provision of section 4, 5 or 6, the act shall be a crime, and he shall be sentenced to a maximum of two (two) years, or a fine not exceeding 1 (one) lakh. Not less than twenty-five thousand rupees, or both fines shall be punished.

(2) A court convicting a person under sub-section (1) may order that the property on which the law has been violated may be ordered to be confiscated in accordance with the Government.

Penalty for violation of section 29

  1. If a person violates the terms of a notification issued under section 25 or any license granted under it, then that person’s act shall be an offense, and hence, he shall apply by sub-section (1) of section 29, Customs Act, 1969 ( Under the provisions of Act No. IV of 1969, without imprisonment or imprisonment, a maximum of one (one) year imprisonment, or a fine of not more than Tk. Imne not, shall be punished with imprisonment or both.

Penalty for violation of section 29

  1. If a person violates any of the provisions of the notification issued under section 20, the act shall be a crime of that person, and for that reason he may be imprisoned for a maximum of four (four) years, or a fine not exceeding two (two) millions. Not less than a thousand bucks, or both be fined.

Penalty for preventing the inspector from performing his duties

  1. If a person deliberately interrupts or gives false information while performing the duties of the inspector, then that person’s act shall be a crime, and hence he shall be imprisoned for a term not exceeding one (one) year, or for a fine not exceeding five (fifty) thousand rupees; However, not less than 1 (ten) thousand rupees, or both shall be punished.

Penalties for other crimes

  1. If any person violates any of the rules or regulations made under this Act or the rules, it shall be a crime of that person, and he shall, if there is no provision of any penalty under any section of this Act, pay a fine of more than one (1) lakh. Not less than twenty (twenty-five) rupees, shall be punished.

Penalty for recidivism of crime

  1. If the person convicted for any offense mentioned in this Act repeats the same offense, then the person shall be punished with double the maximum penalty for that offense.

Take offense

  1. Except in the written complaint of a court, government or inspector empowered by the Institution, no case under this Act shall be taken for trial.

Criminal justice

  1. (3) Whatever the criminal procedure, the offenses under this Act shall be subject to the provisions of sub-section (2), first class magistrate court or, as the case may be, by the Metropolitan Magistrate Court for the metropolitan area.

(2) In the case of section 26 or, in other words, the offense re-instated in another section shall be judged by the Sessions Court under Criminal Procedure.

Application of Mobile Court Act, 20

  1. For whatever purpose there may be in any other law for the time being in force, the Mobile Court Act, 24 (Act No. 8 of 27), hereinafter referred to as that Act, imposes a mobile court penalty, for the purpose of the offense under this Act, in the case of crime under this Act. Can do

Special power of Magistrate in imposing penalty

  1. No matter what section 12 of the Criminal Procedure Code, a first class magistrate or, in a matter of fact, a Metropolitan Magistrate may impose a fine imposed on a person under any section of this Act.

Forfeitable goods

  1. (4) If an offense is committed under this Act, the offense shall be confiscated in respect of the goods or objects of which it was committed.

(2) Any goods forfeitable under this Act, shall be transferred immediately to the Director General, or to any employee of the Institution empowered by the Director-General, upon the order of the seizure under sub-section (2) of section 28, and shall be destroyed by such regulations. Arrange for settlement.

Ability to close factories, etc.

  1. (4) Upon examination of a product, if it is found that it is not in line with the Bangladesh standard prescribed by the Institution, or has been undertaken to carry out or transmit to Bangladesh without adhering to the conditions of section 20 or the obligation to obtain a license under section 20 The sale, distribution or commercial advertising of any such product is being promoted Windhoek Director General or any officer authorized by Institution, by order in writing, in the manner prescribed by regulation, the producers of the premises of a factory or storage of such products is that it may close.

(2) If an order of closure is made against a person under sub-section (1), he may appeal to the Government within thirty (thirty) days from the date of such order.

Explanation.- For the purpose of this section, “premises” shall include the following places, warehouses, dwellings, vehicles, etc., namely: –

(a) a place, where any person may be called by himself, by himself or by an agent. Whether or not a business, industry, production or sale is conducted;

(B) any warehouse, warehouse or other place in which any goods or goods are warehousing, exhibiting or selling;

(C) a dwelling, if any part thereof, is used for the conduct of a business, industry, production or sale; And

(d) any vehicle or vessel or any other movable device, by which any trade or business is conducted.

Receive assistance from law enforcement agencies and other authorities

  1. For the purpose of exercising or exercising any power under this Act or any other law implemented by the Institution, the Director General or an employee of the Institution empowered by him may request the law enforcement agency or other public or statutory authority to provide necessary assistance and if such request is made. Or authority to assist in that Radana shall be bound to.

Services provided by the Institution, etc.

  1. Notwithstanding anything contained in section 4, –

(a) if a person or organization applies to inspection, refinement or control of a product under the functions of the Institution, or to request the Institution to inspect any information relating to the Institution, the Institution accepts, as applicable. , Provide test reports and information;

(B) if the Government or any Government organization applies under sub-section (1), the Institution shall, on priority basis, provide the report and information; And

(C) Notwithstanding anything contained in clauses (a) and (b), any person or institution may apply to the Institution for quality examination, refinement or quality control of a product’s material under the functions of the Institution and the Institution, its competence. Subject to the applicable fee, may provide reports and information upon examination.

Funding of the Institution

  1. (3) The Institution shall have a fund and the proceeds from the following sources shall be deposited in the said fund, namely: –

(a) grants and loans from the Government;

(B) money received from investments, royalties and assets of the Institution; And

(c) all other income of the Institution.

(2) The money of the Fund shall be deposited in the name of the Institution in any of the proposals specified by the Institution and the Fund shall operate in such manner as may be prescribed by the Rules:

provided that, for the purposes of this sub-section, the Fund shall be maintained in the manner prescribed by the Council until the rules are made. Can be done

Explanation.- For the purposes of this section, “Tapas Bank” means a “Scheduled Bank” as defined in Article 2 (j) of Bangladesh Bank Order, 1972 (PO 127 of 1972).

(4) From the meaning of the fund, the necessary expenditure of the Institute may be deducted from the fund, in accordance with the rules of the fund:

Provided that the funds allocated for a project implemented in the meaning of the fund or at the beginning of any fiscal year, the surplus of the fund, if any, shall be public. Must be deposited in the treasury.

Budget

  1. The Institution shall, within the period prescribed by the Government each year, submit its annual budget statement for the next fiscal year to the Government, and shall specify the amount of money the Institution will require from the Government in that fiscal year.

Accounting and Auditing

  1. (3) The Institution shall, in consultation with the General Accountant and Regulator of Bangladesh, hereinafter referred to as the Auditor General, preserve its account in the manner prescribed by the Government.

(2) The accounts of the Institution shall be audited in such manner as the Auditor General deems fit.

(3) For the purpose of audit under sub-section (2), the Auditor General or a person empowered by him for such purpose, may examine all records, exterior, documents, cash, securities, repositories and other assets of the Institution and any of the Institution. Member, Director General or any other employee.

(3) The Auditor General shall submit its audit report to the Government and shall forward a copy of it to the Institution.

Annual Report

  1. (3) The Institution shall submit an annual report annually to the Government by January 1 of the following year, containing the details of the activities performed by it.

(2) The Government may, at any time, call for any report, statement or return from the Institution on any matter thereof, and the Institution shall be obliged to provide it to the Government.

Eliminate the difficulty

  1. In the event of any difficulty in implementing any provision of this Act, the Government may, by notification in the Official Gazette, remove such difficulty, subject to compliance with the provisions of this Act.

Public servant

  1. Public servants (public servants) shall be deemed to have been used in the sense that the expression “public servant” is used in section 28 of the Penal Code.

Failure to perform duty by a public servant

  1. (4) A public servant assisting in the suppression of a crime under this Act will be liable for any such failure or violation if he knowingly fails to perform the duty or violates any law.

(2) If a public servant is liable for any failure or violation of sub-section (1), he shall be charged with conduct and disciplinary offense as per the rules applicable to the public servants and for that reason the department shall take disciplinary action.

Revision of the criteria

  1. The Government, in consultation with the Institution, may, by notification in the Official Gazette, amend the provisions of this Act.

Ability to make rules

  1. For the purpose of this Act, the Government may, by notification in the Official Gazette, make such rules not inconsistent with this Act.

Ability to make regulations

  1. For the purpose of this Act, the Institution may, by the prior approval of the Government and by notification of the Government Gazette, make such regulations which are not inconsistent with this Act and the rules made thereunder.

Cancellation and custody

  1. (4) The Bangladesh Standards and Testing Institution Ordinance, 1985 (Ord. No. XXXVII of 1985), hereinafter referred to as repealed Ordinance, is hereby repealed.

(2) Notwithstanding the repeal under sub-section (1), under the repealed Ordinance-

(a) any action taken, any action taken or any proceeding taken shall be deemed to have been done, taken or initiated under this Act;

(B) If any case filed, any action taken or any action or proceeding prescribed is under dispute, such act or proceeding shall be disposed of in accordance with the provisions of the repealed Ordinance in such a way as to not enforce this law;

(C) any contract, document or instrument executed by the established Bangladesh Standards and Testing Institution, hereinafter referred to as the Institution, shall continue as if it were performed by the Institution under this Act;

(D) all types of loans, liabilities and legal obligations of the established Institution shall be treated as the loan, liability and legal obligation of the Institution in the same terms as the provisions of this Act;

(E) notwithstanding anything in any contract or terms of service, all employees of the Institution of the Institution before the commencement of this Act shall be employed and, in the case of the Institute, on that same condition, unless modified or modified by the conditions under which they were employed;

(F) All the assets, rights, powers, powers and privileges of the established Institution, fees, immovable and immovable properties, all accounts, including authorized capital, funds, cash, bank deposits and securities, and all other accounts, registers, records, etc. The document shall be transferred to the Institution immediately after the commencement of this Act and the Institution shall be entitled to it; And

(G) The office or branch of an established or established office, including the branch of Dhaka, in any name and place, shall be functioning in such manner until the office or branch of the Institution has been established or established, or, in practice, until extinction. Shall continue as if they were established or established under this Act.

(3) Notwithstanding the repeal under sub-section (1), any regulations made under the repealed Ordinance, any notification issued, any order, direction, approval, recommendation, all schemes or activities made and all approved accounts and annual reports are as follows Unless otherwise agreed with any provision of this Act, unless the cancellation is in force before the repeal, And neither shall be deemed to be approved, and the period until the end of, or under this Act shall remain in force until repealed or amended.

Publish translated text in English

  1. (3) After the enactment of this Act, the Government may, by notification in the Official Gazette, publish an Authentic English Text translated into English of the original Bengali text of this Act.

(2) In the case of a conflict between the English text and the original Bengali text, the Bengali text shall prevail.

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