Chapter VII Miscellaneous
- Power of District Magistrate under this Act.—(1) Any District Magistrate within the local limit of his jurisdiction shall have same powers and functions as the Director General has under this Act and such District Magistrate may exercise or discharge such power or functions without prior approval of the Director General.
- A District Magistrate may, for performing his functions on his behalf, delegate his powers to any subordinate Executive Magistrate under such conditions as may be determined by him.
- The District Magistrate or, as the case may be, the Executive Magistrate shall immediately inform the Director General, in writing, about any action taken under this section.
- Administrative actions to be taken by the Directorate.—(1)
Notwithstanding any offence having been committed under Chapter IV of this Act, the Director General or any officer empowered by the Directorate may, if he thinks expedient to prevent any anti-consumer right practice or to take any action against any offence of anti-consumer right under this Act, take administrative actions of imposing only fine or cancellation of trade license or suspending commercial functions, permanently or temporarily, without imposing any punishment and taking any action to file a criminal case against the convicted person.
- No fine exceeding the maximum fine specified in this Act for relevant offence, shall be imposed in the case of administrative actions to be taken under sub-section (1).
- Imprisonment shall not be imposed for non-payment of fines imposed under administrative actions taken under sub-sections (1) and (2).
- Any fine imposed under this section shall be paid by the person convicted voluntarily within 5 (five) working days.
- If the fine imposed is not paid voluntarily by the convicted person under sub-section (4) the authority which has imposed fine may realize it by attachment and sale in accordance with the procedure prescribed in clause (a) of sub-section (1) of section 386 of the Code of Criminal Procedure and may also realize 25% extra amount of the fine imposed as cost.
- Limitation on criminal proceeding.—(1) No criminal case shall directly be filed in the Court of a Magistrate of the first class or a Metropolitan Magistrate against any person on accusation of any anticonsumer right practice under this Act.
(2) A consumer or a complainant may make a complaint to the Director General or any officer empowered by him or a District Magistrate or any Executive Magistrate empowered by the District Magistrate.
- Special provisions on medicine.—(1) Although the Director General has the power and responsibility to discover any adulteration or faking of medicine by investigation, no judicial proceeding against adulterated of fake medicine shall be initiated or no case shall be filed in the Magistrate Court under this Act.
(2) For offences specified in sub-section (1), the cases shall be filed under section 25C of the Special Powers Act, 1974 (Act No. XIV of 1974).
- Inspection of private health care service.—(1) The Director General shall have the power to inspect and discover defects in private health care service.
(2) The Director General shall not take any remedial measures on the defects discovered in private health care services under sub-section (1), but he may only inform the matter to the Secretary, Ministry of Health and the Director General, Department of Health.
- Informing superior officer about arrest or seizure.—If any
person is arrested or any goods are seized under this Act, the arresting or seizing officer shall immediately inform the matter to his superior officer by a report in writing and send a copy thereof to the Director General.
- Method to be followed for offences under any other law.—
Notwithstanding anything contained in any other law for the time being in force, if any offence under this Act (e.g. adulteration, faking of goods etc.) liable to a higher punishment as a special offence under any special law, there shall be no legal bar to try that offence under this Act considering such offence as a special offence of anti-consumer right practice :
Provided that in consideration of the nature and gravity of the respective offence, if the Directorate is of opinion that the offence should be tried and adjudicated in the respective Special Tribunal, the Directorate shall, for effective trial of such offence, take necessary steps to file a case on its behalf in such Special Tribunal instead of filing case in a Magistrate Court.
- Complaint and complainant’s share in fine.—(1) Any person, who is generally a consumer or likely to be a consumer, may make a written complaint to the Director General or any person empowered by the Director General against any anti-consumer right practice under this Act.
- The authority, upon receiving a written complaint under subsection (1), shall immediately investigate or inquire into such complaint.
- If such complaint is proved to be true after investigation or inquiry, the Director General or any officer empowered by him may, in his administrative action, impose fine upon the convicted person.
- If the fine imposed under sub-section (3) is realized, 25% of such realized fine shall immediately be paid to the complainant mentioned in sub-section (1) :
Provided that if the complainant is an officer or an employee of the Directorate, he shall not be entitled to receive such 25% realized fine mentioned in this sub-section.
- If any regular criminal case is filed in a Court or Special Tribunal under this section and if the accused is sentenced to fine in the regular case upon conviction and the fine is realized, the 25% of the realized fine shall be paid to the complainant mentioned in sub-section (1) :
Provided that if the complainant is an officer or an employee of the Directorate, he shall not be entitled to receive the 25% realized fine mentioned in this sub-section.
- For the purposes of this section, any person may, by examining the matter of adulteration or faking of goods in a public or private laboratory at his own initiative, make a complaint with the result of such examination.
- Acts done in good faith.—If any person is affected or likely to be affected by any act done in good faith under this Act or any rules, for that reason no suit, prosecution or other legal proceedings shall lie against the Government, the Council, any member of the Council, the Directorate or any officer or employee of the Directorate.
- —(1) No punitive measures shall be taken against any seller by accusing him of any offence under this Act, if he has no involvement within his knowledge with any act violating any provision of this Act.
- In the case of any goods sold from a shop being adulterated or defective, no criminal proceeding or administrative action shall be taken against the owner or the director of such shop by accusing him of any offence under this Act, if such goods are manufactured from a legal or licensed workshop, factory or organization and he has no involvement with such workshop, factory or organization or with making or manufacturing process of that goods.
- No person shall be made liable under this Act if such person, as hawker or peddler, to earn his livelihood, buys and sells any goods which are adulterated, fake or in any way defected and for this reason the rights of consumers are affected, unless it is comprehend beyond reasonable doubt that he, with a motive to gain profit illegally, has bought and sold the goods to any buyer intentionally, knowingly or collusively.
- If any quick perishable goods, such as fish or vegetables, are found perished for natural effect from any hawker or peddler or in any shop, no criminal proceeding or administrative action shall be taken against such hawker, peddler or shop keeper accusing as such, unless it is comprehend beyond reasonable doubt that he has kept such goods for selling or tried to sell such goods knowingly that such goods has perished.
- Any person exempted under this section shall, upon order or request an authority, be bound to help such authority to discover the source of fake or adulteration.
- Delegation of power.—The Director General, where necessary, subject to the conditions determined by the Council, may, by an order made in writing, delegate any of his powers or responsibilities conferred upon him under this Act to any officer or employee of the Directorate.
- Power to make rules.—For carrying out the purposes of this Act, the Government may, by notification in the official Gazette, make rules.
- Power to make regulations.—For carrying out the purposes of this Act, the Council may, with the prior approval of the Government and by notification in the official Gazette, make regulations.
- Publication of English text, etc.—(1) The original text of this Act shall be in Bangla and the Government may, if it thinks necessary, shall publish an authentic translation of the original text in English.
(2) In the event of conflict between the Bangla and the English text, the Bangla Text shall prevail.
On behalf of the President
Mohammad Shahidul Haque