†iwR÷vW© bs wW G-1  
 evsjv‡`k  †M‡RU  
AwZwi³ msL¨v 
KZ…©cÿ KZ…©K cÖKvwkZ 
 
/bn_ma/glyph650/bn_la/bn_ba/bn_ikaar/bn_ra /bn_ma/glyph650/bn_la/bn_ba/bn_ikaar/bn_ra /bn_ma/glyph650/bn_la/bn_ba/bn_ikaar/bn_ra /bn_ma/glyph650/bn_la/bn_ba/bn_ikaar/bn_ra, , , , /bn_iikaar/bn_dda/bn_aikaar/bn_sa/glyph879/bn_ra /bn_iikaar/bn_dda/bn_aikaar/bn_sa/glyph879/bn_ra /bn_iikaar/bn_dda/bn_aikaar/bn_sa/glyph879/bn_ra /bn_iikaar/bn_dda/bn_aikaar/bn_sa/glyph879/bn_ra 1, 2020 1, 2020 1, 2020 1, 2020  
 
 Government of the People’s Republic of Bangladesh                                 
Ministry of Law, Justice and Parliamentary Affairs                                                             
Legislative and Parliamentary Affairs Division                                                                        
NOTIFICATION 
Dated: 26 November, 2020 
S.R.O No. 322-Law/2020 .In exercise of the powers conferred by 
section 52 of the Bangladesh Standards and Testing Institution Act, 2018, the 
Government is pleased to publish the following Engl ish Text of the Act to be 
called the Authentic English Text of the Act: 
The Bangladesh Standards and Testing Institution Ac t, 2018  
Act No. LXVII of 2018 
An Act to repeal and re-enact the Bangladesh Standa rds and Testing 
Institution Ordinance, 1985  
WHEREAS, all the Ordinances promulgated by Martial Law 
Proclamation between the period from 24 th  March, 1982 to 11 th  November, 1986 
have ceased to have effect due to omission of parag raph 19 of the Fourth 
Schedule to the Constitution of the People’s Republ ic of Bangladesh regarding 
ratification and confirmation of the said Ordinance s by the Constitution 
(Fifteenth Amendment) Act, 2011 (Act No. XIV of 201 1) and the Constitution 
(Seventh Amendment) Act, 1986 (Act No. 1 of 1986) v alidating the Martial Law 
being declared void in the judgment pronounced by t he Appellate Division of the 
Supreme Court of Bangladesh declaring the Martial L aw unconstitutional in civil 
petition for Leave to appeal No. 48/2011; and 
ÒRvwZi wcZv e½eÜz †kL gywReyi ingv‡bi 
Rb¥kZevwl©Kx D`&hvcb mdj †nvKÓ 
( 13041 ) 
g~j¨ : UvKv 24.00 13042 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 WHEREAS, some of those Ordinances are kept in force  by the Act No. 
VII of 2013; and 
WHEREAS, the Government has decided to make new law s in Bangla 
by way of necessary amendment and modification of s uch Ordinances as may be 
considered necessary after reviewing the necessity and relevancy of such 
Ordinances and soliciting opinions thereon from all  stakeholders and relevant 
Ministries or Divisions; and 
WHEREAS, in the light of the above-mentioned decisi on of the 
Government, it is necessary and expedient to repeal  and re-enact the Bangladesh 
Standards and Testing Institution Ordinance, 1985 ( Ord. No. XXXVII of 1985) 
in response to the needs of time by considering the  provisions thereof;   
 THEREFORE, it is hereby enacted as follows:— 
1. Short title and commencement .—(1) This Act may be called the 
Bangladesh Standards and Testing Institution Act, 2 018. 
 (2) It shall come into force at once. 
2. Definitions .—In this Act, unless there is anything repugnant i n the 
subject or context— 
(1) “Institution”  means the Bangladesh Standards and 
Testing Institution specified in section 4; 
(2) “Chairman”  means the Chairman of the Council; 
(3) “trade mark”  means any registered trade mark or any 
mark used or proposed to be used in relation to goo ds, 
which indicates that the proprietor using the mark on the 
goods has right to trade in such goods;        
(4) “article”  means any substance, manufactured or natural, 
or partly manufactured or partly natural, or raw, o r partly 
or wholly processed or manufactured; 
(5) “Inspector”  means an Inspector appointed under section 
22 or any employee of the Institution authorised by  the 
Director General in this behalf; 
(6) “Council”  means the Council constituted under section 8;  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13043  
 (7) “process”  means the general practice, technique and 
mode of manufacture of any article;   
(8) “regulations”  means regulations made under section 50; 
(9) “fee”  means such fee or charge, as may be determined 
by the Institution by regulations, or any amount pa yable 
as fee under this Act; 
(10) “Code of Criminal Procedure”  means the Code of 
Criminal Procedure, 1898 (Act No. V of 1898); 
(11) “Bangladesh Standard” , in relation to any article or 
process, means the national standard of Bangladesh 
established or published by the Institution, indica tive of 
the quality of such article or process, and for the  purpose 
of this clause, includes the following matters, nam ely:— 
 (a) any provisional standard; or  
 (b) any international standard adopted by the 
 Institution; 
(12) “rules”  means rules made under section 49; 
(13) “person”  includes any person, company, association, 
partnership business, statutory or any other body, or any 
representative thereof; 
(14) “Director General”  means the Director General of the 
 Institution; 
(15) “mark”  means a device, brand, heading, label, ticket, 
name, signature, word, letter, sign, number, combin ation 
of numeral ingredient or colour, and includes any 
combination thereof;  
(16) “licence”  means a licence issued under section 16 to use 
the Standard Mark in relation to any article or pro cess 
which conforms to the Bangladesh Standard;  13044 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 (17) “label”  means the display of written, printed or graphic 
matter on an product or its container or tag, or th e 
printed literature of the product or any other mate rial 
affixed thereto for the purpose of giving informati on as 
to the identity, composition, ingredients, attribut es, 
direction for use, characteristics, weight, quantit y, price, 
date of manufacturing or expiry of such article;   
 
(18) “grading”  means classification of a material in 
conformity with a standard prescribed by regulation s; 
 
(19) “simplification”  means reduction of unnecessary size 
and variety of  a material; 
 
(20) “Standard Mark”  means the Bangladesh Standards and 
Testing Institution Certification Mark specified by  
regulations to represent the Bangladesh Standard fo r the 
purpose of clause (k) of section 6. 
 
3. Not to prejudice the action taken under any other l aw .—Any 
proceeding or action taken under this Act, or rules  or regulations made 
thereunder shall be in addition to, and not in dero gation of, the action taken 
under any other law. 
 
4. Establishment of the Institution .—(1) For carrying out the purposes 
of this Act, the Bangladesh Standards and Testing I nstitution established under 
the Bangladesh Standards and Testing Institution Or dinance, 1985 (Ord. No. 
XXXVII of 1985) shall continue as if it had been es tablished under this Act.   
(2) The Institution shall be a body corporate havin g perpetual succession 
and a common seal with power, subject to the provis ions of this Act, to acquire, 
hold and dispose of property, both movable and immo vable, and shall by the 
said name sue and be sued. 
5. Head Office, etc .—(1) The Head Office of the Institution shall be i n 
Dhaka.   evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13045  
 (2) The Institution may, with the prior approval of  the Government, 
establish its offices and branches at such other pl aces as it may think fit.  
6. Functions of the Institution .—The functions of the Institution shall 
be as follows, namely:—  
(a) to set up Bangladesh Standards of quality and 
dimensions and prepare and promote the general 
adoption of standards on national and international  basis 
relating to commodities, products, structures, prac tices 
and productions, and withdraw, revise, alter and am end 
such standard from time to time;  
(b) to consider and recommend Bangladesh Standards to the 
Government for the measurement of length, weight, 
mass, volume and energy;  
(c) to take measures for standardisation, quality c ontrol, 
metrology, and simplification in industry and comme rce, 
and to establish laboratories, and conduct activiti es on 
invention or research; 
(d) to secure that the producers and users comply w ith the 
Bangladesh Standards adopted by the Institution; 
(e) to implement the Bangladesh Standards through t he 
administration of a national certification mark sch eme or 
inspection of goods or both; 
(f) to provide or arrange facilities for examinatio n, testing 
and inspection of product, process, system and prac tices 
for investigation, research or promotion of export that 
may be necessary, and for the purpose of this secti on, 
issue test report of any article relating to Bangla desh 
Standards and grading; 
(g) to certify the quality of commodities, produce and other 
articles including food materials, whether for loca l 
consumption, export or import; 13046 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 (h) to coordinate the efforts of producers and cons umers for 
the improvement of any article, product or use ther eof, 
appliance, process and method, so as to avoid the 
national waste of materials and time involved in 
production of unnecessary varieties of pattern, and  sizes 
of articles and the same purpose;    
(i) to establish and publish, in such manner as may  be 
prescribed by regulations, the Bangladesh Standard 
Specifications in respect of an article or process or code 
of practice; 
(j) to recognise, adopt or endorse, in such manner as may be 
prescribed by regulations, any standard established  by 
any institution in Bangladesh or in any foreign cou ntry 
or by any international organisation as Bangladesh 
Standard in relation to any article or process; 
(k) to specify a standard mark to be called the Ban gladesh 
Standards and Testing Institution Certification Mar k 
which shall be of  such design and special particul ars as 
may be prescribed by regulations to represent the 
Bangladesh Standard; 
(l) to grant, renew, reject, suspend or cancel, in such 
manner as may be prescribed by regulations, a licen ce 
for the use of Standard Mark; 
(m) to make such inspection or take such samples of  any 
product or substance as may be necessary to see whe ther 
any article or process in relation to which the Sta ndard 
Mark has been used or proposed to be used conforms to 
the Bangladesh Standard or whether the Standard Mar k 
has been improperly used in relations to any articl e or 
process with or without licence; 
(n) to utilise, with the permission of the owners, the services 
of laboratories other than those maintained by the 
Institution and approve such laboratories for the p urpose 
of the Institution;   evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13047  
 (o) to make arrangements, or provide for the facili ties, for 
the testing and calibration of precision instrument s, 
gauges and scientific apparatus and to issue certif icate in 
regard thereto so as to conform with its standard; 
(p) to cooperate with any person, association or or ganisation 
outside Bangladesh having objectives similar to tho se 
for which the Institution has been established;  
(q) to grade and mark agricultural produce in accor dance 
with the Agricultural Produce Grading and Marketing  
Act, 1937 (Act No. 1 of 1937) and the rules made 
thereunder for the purpose of export; and 
(r) to do all acts and things ancillary or incident al to the 
aforesaid functions. 
7. Direction and administration .—(1) The direction and administration 
of the Institution shall vest in a Council, and the  Council may exercise all powers 
and perform all functions which may be exercised an d performed by the 
Institution. 
(2) The Council shall, in discharging its duties an d functions, follow this 
Act, rules and regulations made thereunder and the instructions given by the 
Government, from time to time.  
8. Composition of the Council .—(1) The Council shall consist of the 
following members, namely:— 
(a) the Minister-in-charge of Ministry of Industrie s who 
shall also be the Chairman of the Council; 
(b) the State Minister, if any, Ministry of Industr ies who 
shall also be the first Vice-Chairman of the Counci l; 
(c) the Secretary, Ministry of Industries, who shal l also be 
the second Vice-Chairman of the Council; 
(d) the Inspector General of Police; 
(e) the Chairman, Bangladesh Sangbad Sangstha, ex-o fficio; 
(f) Principal Information Officer, Department of Pr ess 
Information; 
(g) the Chief Controller, Imports and Exports; 13048 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 (h) the Director General, Bangladesh Television; 
(i) the Director General, Bangladesh Betar; 
(j) one representative, not below the rank of Joint  Secretary 
of the Ministries or Divisions, as the case may be,  
specified in Part-I of the Schedule nominated by th e 
respective Ministries and Divisions; 
(k) the President or the Chairman of the organisati ons 
specified in Part-II of the Schedule; 
(l) the Chief Executive of the bodies specified in Part-III of 
the Schedule; and  
(m) the Director General, who shall also act as the  Secretary 
of the Council.  
(2) A member nominated under sub-section (1) shall hold office for a 
term of 3 (three) years from the date of his nomina tion:  
Provided that where a person is nominated as a memb er by reason of his 
holding an office or appointment, he shall cease to  be such member when he 
ceases to hold that office or appointment.  
(3) Any person nominated to be a member may, at any  time, resign his 
office by writing under his hand addressed to the C hairman: 
Provided that no resignation shall take effect unti l it has been accepted 
by the Chairman.  
(4) No act or proceeding of the Council shall be in valid merely on the 
ground of the existence of any vacancy in, or any d efect in the constitution of, the 
Council and no question shall be raised in respect thereof.  
9. Meetings of the Council .—(1) The Council may, subject to the other 
provisions of this section, determine the procedure  of its meetings.  
(2) The meetings of the Council shall be held with the consent of the 
Chairman at such times and places as may be determi ned by him.  
(3) All meetings of the Council shall be presided o ver by the Chairman, 
but in his absence, by the first Vice-Chairman, or in the absence of the Chairman 
and the first Vice-Chairman, the second Vice-Chairm an or, in the absence of all 
of them, by a member elected for that purpose by th e members present.  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13049  
 (4) To constitute a quorum at a meeting of the Coun cil, not less than 
8 (eight) members shall be present, but in case of an adjourned meeting, no 
quorum shall be required. 
(5) The decisions shall be taken by a majority of t he votes of the 
members present. 
(6) At a meeting of the Council, each member shall have one vote but, in 
the event of equality of votes, the person presidin g over shall have a second or 
casting vote. 
(7) At least one meeting of the Council shall be he ld in every 4 (four) 
months. 
10. Appointment of Committees .—(1) The Council may, for efficient 
performance of its functions, appoint one or more C ommittees.  
(2) The Council shall, for constitution of the Comm ittees under sub-
section (1), determine the Chairman and the number of members of the 
Committee which may require.   
(3) The Chairman and the members of the Committee s hall hold office 
for such period as may be determined by the Council .  
11. Association with the Council, etc. of persons not b eing 
member .—(1) The Council or a Committee appointed under se ction 10 may 
associate with itself any person whose assistance o r advice may be desired for 
carrying out its functions.  
(2) Any person associated with the Council or a Com mittee appointed 
under section 10 may take part in the discussion at  a meeting of the Council or of 
the Committee, as the case may be, but he shall not  have a right to vote.  
12. Director General .—(1) There shall be a Director General of the 
Institution who shall be appointed by the Governmen t on such terms and 
conditions as it may determine. 
(2) The Director General shall be the Chief Executi ve of the Institution 
and be responsible for the proper administration of  the Institution.  
13. Appointment of employees, etc .—(1) The Institution may, subject 
to the organogram approved by the Government, appoi nt such number of 
employees as it considers necessary for efficient p erformance of its functions. 
(2) The procedure of appointment, and the terms and  conditions of 
service, of the employees of the Institution shall be prescribed by regulations. 13050 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 14. Authentication of orders and other instruments of t he 
Institution .—All orders and decisions of, and all other instru ments issued by, the 
Institution shall be authenticated by the signature  of such officers or employees 
as may be authorised in this behalf by the Council.   
15. Prohibition of use of Standard Mark without licence .—(1) Except 
under a licence issued under section 16, no person shall use, in relation to any 
article or process, or in the title of any patent, or in any trade mark or design, the 
Standard Mark or any imitation thereof.  
(2) Notwithstanding the holding of a licence under section 16, no person 
shall use, in relation to any article or process, t he Standard Mark or any imitation 
thereof unless such article or process conforms to the Bangladesh Standard. 
16. Licence, etc .—(1) If any person intends to use, in any article or 
process or in the title of patent, or in any trade mark or design, the Standard 
Mark, or where there is any obligation under sectio n 20 or 21, he shall apply to 
the Institution, in such form and on payment of suc h fee as may be prescribed by 
regulations, for issue of a licence for such use.  
(2) The Institution may issue a licence if, after s uch inquiry as it deems 
necessary, it is satisfied with the following matte rs, namely:— 
(a) the article or process in respect of which the Standard 
Mark is to be used conforms to the related Banglade sh 
Standard; and  
(b) there is arrangement for regular inspection or testing to 
ensure that the article or process concerned confor ms to 
the Bangladesh Standard. 
(3) A licence may be issued by the Institution in s uch form and on such 
conditions and subject to the payment of such fee a s may be prescribed by 
regulations.  
(4) A licence issued under this section shall remai n valid for a period of 
three years. 
(5) Notwithstanding anything contained in sub-secti on (4), the Institution 
may, after giving a reasonable opportunity of being  heard, revoke a licence, if it 
is satisfied that any condition specified in the li cence has been violated.   
(6) Where the licence of a licencee is lost or dest royed otherwise, he may 
apply for a copy of the licence in such manner and subject to the payment of such 
fee as may be prescribed by regulations.  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13051  
 (7) On receiving the application under sub-section (6), the Institution 
shall provide a copy of the licence in such manner and within such time as may 
be prescribed by regulations. 
17. Approval of clearance .—The Institution may, in such manner and 
on payment of such fee as may be prescribed by regu lations, issue the clearance 
of the standard of quality for any article imported .  
18. Prohibition of use of certain names, etc .—Except in such cases and 
under such conditions as may be prescribed by regul ations, no person shall, 
without prior sanction of the Institution, use the following names, expressions or 
marks, namely:— 
(a) any name which so nearly resembles the name of the 
Institution as to deceive or likely to deceive the public or 
the expressions like “Bangladesh Standard” or 
“Bangladesh Standard Specification” or similar 
expressions; or 
(b) any mark or trade mark containing the expressio ns of 
“Bangladesh Standard” or “Bangladesh Standard 
Specification” or any abbreviation of such expressi ons. 
Explanation .—For the purpose of this section, “specification” means the 
description of any article or process mentioning, a s far as possible, the nature, 
standard, strength, accuracy, blending, quantity, v olume, weight, classification, 
durability, manufacturing authority, ingredients, s ource, method of 
manufacturing or other characteristics so as to dif ferentiate such article or 
process from any other article or process. 
19. Prohibition of registration in certain cases .—(1) Notwithstanding 
anything contained contrary in any other law for th e time being in force, no 
registering authority shall register any company, i nstitution or body of persons or 
trade mark or design bearing any name or mark, the use of which may contravene 
the provisions of section 15 or 18. 
(2) If any question arises as to whether the use of  any name or mark is in 
contravention of the provisions of section 15 or se ction 18, the registering 
authority shall refer the question to the Governmen t, and the decision of the 
Government thereon shall be final.  13052 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 Explanation .—For the purpose of this section, “registering aut hority” 
means any authority competent under any law for the  time being in force, to 
register a company, institution or body of persons or any trade mark or design or 
to provide the patent.  
20. Power to prohibit or restrict export of certain art icles .—(1) The 
Government may, in consultation with the Institutio n, by notification in the 
official Gazette, subject to the conditions and exc eptions mentioned in the 
notification, prohibit or restrict or otherwise con trol the taking out of Bangladesh 
of articles of any specified description which do n ot bear the Standard Mark or 
follow general practices, including trade practices , and procedures connected 
with the export of such articles. 
(2) No article of the specified description shall b e taken out of 
Bangladesh except in accordance with the conditions  of a licence to be issued by 
an employee authorised in this behalf by the Govern ment.  
(3) All articles, to which any notification under s ub-section (1) applies, 
shall be deemed to be restricted or prohibited unde r section 16 of the Customs 
Act, 1969 (Act No. IV of 1969) and all provisions o f the said Act shall have 
effect accordingly.  
21. Power to prohibit the sale, distribution, commercia l 
advertisement etc. of certain articles .—(1) The Government may, in 
consultation with the Institution, by notification in the official Gazette, prohibit, 
with effect from such date as may be specified in t he notification, the sale, 
distribution and commercial advertisement of any ar ticle specified therein which 
does not conform to the Bangladesh Standard establi shed by the Institution in 
relation to that article:  
Provided that the date specified in the notificatio n shall not be a date 
earlier than 2 (two) months from the date of public ation of the notification.   
(2) The Government may, by notification in the offi cial Gazette, require 
any article which conforms to the Bangladesh Standa rd to be marked with the 
Standard Mark. 
Explanation .—For the purpose of this section,— 
(a) where any article, or cover or label attached t hereto, is 
marked with the Standard Mark, such article shall b e 
deemed to be marked with the Standard Mark; and   
(b) “cover”, mentioned in clause (a), means any sto pple, 
barrel, bottle, container, box, crate, cover, capsu le, case, 
frame, packet, or any other receptacle.   evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13053  
 22. Inspectors .—(1) The Institution may appoint as many Inspector s as 
may be necessary for the purpose of inspecting whet her the Bangladesh Standard 
Mark has been improperly used in respect of any art icle or process or in the title 
of any patent, or in any trade mark or design and f or the purpose of discharging 
such other duties as may be assigned to them. 
(2) Subject to the regulations made under this Act,  an Inspector shall 
have the following powers, namely:— 
(a) to inspect any operation carried on in connecti on with 
any article or process in relation to which the Sta ndard 
Mark has been used; 
(b) to take  the sample of any substance or materia l, or of 
article used in any article or process, in relation  to which 
the Standard Mark has been used; 
(c) to search, seize or investigate in respect of a n offence 
under this Act as a Police Officer of the rank of 
Sub-Inspector; and 
(d) to exercise other powers.  
(3) Every Inspector shall be furnished by the Insti tution with a certificate 
of appointment as an Inspector, and the certificate  shall, on demand, be produced 
by the Inspector.  
23. Power to obtain information, etc .—Every licencee shall supply the 
Institution with such samples, and with such inform ation of any material or 
substance used in any article or process, as the In stitution may require. 
24. Delegation of powers .—The Institution may, by general or special 
order in writing, delegate any of its powers, in su ch circumstances and under 
such conditions, if any, as may be specified in the  order, to the Chairman or the 
Director-General or any member of the Council or an y officer of 9 th  grade or 
above.  
25. Appeals .—(1) Any person aggrieved by an order passed under  clause 
(I) of section 6 may prefer an appeal to the Govern ment within 3 (three) months 
from the date of receipt of the decision or within such further time as may be 
allowed by the Government by notification in the of ficial Gazette, on payment of 
such fee as may be prescribed by regulations. 13054 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 (2) The Government may call for relevant papers fro m the Institution 
and, after conducting such inquiry into the matter as it considers necessary, pass 
an order and any such order passed by the Governmen t shall be final.  
26. Certain matters to be kept confidential .—(1) Any information  
obtained by an Inspector or by a member of the Coun cil or any employee of the 
Institution from any statement made or information supplied or in any evidence 
given or from inspection made under the provisions of this Act shall be treated as 
confidential. 
(2) Notwithstanding anything contained in sub-secti on (1), nothing in 
this section shall apply to the disclosure of any i nformation for the purpose of 
prosecution under this Act.  
27. Penalty etc. for contravention of sections 15, 18 o r 19 .—(1) If any 
person contravenes any provision of section 15, 18 or 19, such act of that person 
shall be an offence, and for this he shall be punis hed with imprisonment for a 
term which may extend to 2 (two) years, or with fin e which may extend to 1 
(one) lac Taka, but not less than 25 (twenty five) thousand Taka, or with both. 
(2) The Court sentencing a person under sub-section  (1) may direct that 
the property in respect of which the provisions of the Act have been contravened 
shall be forfeited to the Government. 
28. Penalty for contravention of section 20 .—If any person 
contravenes the provisions of any notification issu ed under section 20 or any 
condition of a licence issued thereunder, such act of that  person shall be an 
offence, and for this he shall, without prejudice t o the confiscation or penalty to 
which he may be liable under the provisions of the Customs Act, 1969 (Act 
No.IV of 1969), as applied by sub-section (3) of se ction 20, be punished with 
imprisonment for a term which may extend to 1 (one)  year, or with fine which 
may extend to 50 (fifty) thousand Taka, but not les s than 10 (ten) thousand Taka, 
or with both. 
29. Penalty for contravention of section 21 .—If any person 
contravenes the provisions of any notification issu ed under section 21, such act 
of that person shall be an offence, and for this he  shall be punished with 
imprisonment for a term which may extend to 4 (four ) years, or with fine which 
may extend to 2 (two) lac Taka, but not less than 5 0 (fifty) thousand Taka, or 
with both.  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13055  
 30. Penalty for obstructing any Inspector in discharge of his 
functions .—If any person willingly obstructs, or gives false  information to, any 
Inspector while discharging his public duties, such  act of that person shall be an 
offence, and for this he shall be punished with imp risonment for a term which 
may extend to 1 (one) year, or with fine which may extend to 50 (fifty) thousand 
Taka, but not less than 10 (ten) thousand Taka, or with both.  
31. Penalty for other offences .—If any person contravenes any 
provision of this Act or rules or regulations made thereunder, such act of that 
person shall be an offence, and for this he shall, if no other penalty is provided by 
any section of this Act for such contravention, be punished with fine which may 
extend to 1 (one) lac Taka, but not less than 25 (t wenty five) thousand Taka, or 
with both. 
32. Penalty for repetition of offence .—If any person convicted for any 
offence under this Act again commits the same offen ce, he shall be punished with 
twice of the maximum penalties provided for such of fence.  
33. Cognizance of offence .—No Court shall take cognizance of any 
offence punishable under this Act except upon a com plaint made in writing by an 
Inspector authorised by the Government or the Insti tution.  
34. Trial of offence .—(1) Notwithstanding anything contained in the 
Code of Criminal Procedure, the offences under this  Act shall, subject to the 
provisions of sub-section (2), be triable by the Co urt of Magistrate of first class 
or, as the case may be, by the Court of Metropolita n Magistrate in any 
Metropolitan area.  
(2) In case of repetition of an offence mentioned i n section 29 or in any 
other section, as the case may be, it shall be trie d by the Sessions Judge under the 
Code of Criminal Procedure.  
35. Application of the Mobile Court Act, 2009 .—Notwithstanding 
anything contained in any other law for the time be ing in force, the Mobile Court 
may, for the purpose of the Mobile Court Act, 2009 (Act No. LIX of 2009), 
hereinafter referred to as the said Act, impose pun ishment for any offence under 
this Act, subject to being included in the Schedule  of the said Act. 
36. Special Power of the Magistrate to impose fine .—Notwithstanding 
anything contained in section 32 of the Code of Cri minal Procedure, a Magistrate 
of first class or, as the case may be, a Metropolit an Magistrate may, when 
imposing fine mentioned in any section under this A ct on any person, impose the 
same fine as mentioned in such section. 13056 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 37. Articles liable to confiscation .—(1) Whenever any offence under 
this Act is committed, the article or thing, in res pect of which or by which such 
offence has been committed, shall be liable to conf iscation.  
(2) Any article liable to confiscation under this A ct shall, as soon as the 
order for confiscation under sub-section (2) of sec tion 27 has been made, be 
delivered to the Director General or any Officer of  the Institution authorised by 
the Director General in this behalf and he shall ar range its destruction or disposal 
in such manner as may be prescribed by regulations.  
38. Power to close factory etc .—(1) If after examination, it is found that 
any article which does not conform to the Banglades h Standard established by 
the Institution in relation to that article, or ste p has been taken to take or send it 
out of Bangladesh without conforming to the conditi ons set out under section 20 
or any article, in respect of which obtaining licen ce under section 21 is necessary, 
is being sold or distributed or advertised commerci ally, the Director General or 
any employee of the Institution authorised by him m ay, by an order in writing, 
close, in such manner as may be prescribed by regul ations, the factory producing 
such articles or the premises where such articles a re stored.    
(2) Any person against whom an order of closure has  been made under 
sub-section (1) may appeal to the Government within  30 (thirty) days from the 
date of such order.  
Explanation .—For the purpose of this section “premises” includ es the 
following place, warehouse, dwelling house, vehicle , etc., namely:— 
(a) a place where any business, industry, productio n or trade 
is carried on by a person, whether by himself or th rough 
an agent, by whatever name called; 
(b) a warehouse, godown or other place where any ar ticle or 
articles are stored, exhibited or traded; 
(c) a dwelling house, if any part of it is used for  the purpose 
of carrying out any business, industry, production or 
trade; and  
(d) a vehicle or vessel or any other mobile device,  with help 
of which any trade or business is carried on.    evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13057  
 39. Taking assistance of law enforcing agencies and oth er 
authorities .—The Director General or any employee of the Insti tution authorised 
by him may, for the purpose of enforcing the powers  or performing the functions 
under this Act or any other law to be enforced by t he Institution, request any law 
enforcing agency or other government or statutory a uthority to provide necessary 
assistance, and the agency or authority shall, on s uch request, be bound to 
provide such assistance.   
40. To provide service by the Institution, etc .—Notwithstanding 
anything contained in section 6,— 
(a) if any person or organisation applies to the In stitution for 
examination of anything in relation to test, measur ing or 
quality control of any article within the functions  of the 
Institution, or requests it to provide information relating 
thereto, the Institution may, on receiving prescrib ed fee, 
provide the report and information after such exami nation; 
(b) on an application made by the Government or any  public 
body under clause (a), the Institution shall provid e the 
report or information on priority basis; and  
(c) notwithstanding anything contained in clauses ( a) and (b), 
any person or organisation may apply to the Institu tion for 
examination of anything in relation to standard, te st, 
measuring or quality control of any article not wit hin the 
functions of the Institution, and the Institution m ay, subject 
to its capability, on receiving prescribed fee, pro vide the 
report and information after such examination.  
41. Funds of the Institution .—(1) There shall be a fund of the 
Institution and money received from the following s ources shall be credited to 
the fund, namely:— 
(a) grants and loan received from the Government; 
(b) income from investment of money, royalties and properties 
of the institution; and  
(c) all other incomes of the Institution.  13058 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 (2) All moneys of the fund shall be kept by the Ins titution in any 
Scheduled Bank in the name of the Institution and t he fund shall be operated in 
such manner as may be prescribed by rules: 
Provided that for the purpose of this sub-section, until rules are made, the 
fund may be operated in such manner as may be deter mined by the Council. 
Explanation .—For the purpose of this section, “Scheduled Bank”  means 
a Scheduled Bank as defined in Article 2(j) of the Bangladesh Bank Order, 1972 
(P.O. 127 of 1972).  
(3) All necessary expenditure of the Institution ma y be met out of the 
fund in accordance with the government rules and re gulations: 
Provided that the surplus money of the fund, if any , after making 
provision of necessary sum for any project to be im plemented with the fund, in 
the beginning of the year, shall be deposited in th e government treasury. 
42. Budget.—The Institution shall, by such date in each year as may be 
fixed by the Government, submit to the Government a n annual budget statement 
for the next financial year showing the sums which are likely to be required for 
the Institution from the Government during that fin ancial year. 
43. Accounts and audit .—(1) The Institution shall keep its account in 
such manner as the Government may determine in cons ultation with the 
Comptroller and Auditor-General of Bangladesh, here inafter referred to as the 
Auditor-General. 
(2) The accounts of the Institution shall be audite d in such manner as the 
Auditor-General deems fit. 
(3) For the purpose of an audit under sub-section ( 2), the Auditor-
General or any person authorised by him in this beh alf shall have access to all 
records, documents, cash, securities, stores and ot her property of the Institution, 
and may examine any member, the Director General or  any employee of the 
Institution. 
(4) The Auditor-General shall submit his audit-repo rt to the Government 
and shall send a copy thereof to the Institution.  
44. Annual Report .—(1) The Institution shall furnish to the 
Government an annual report on the conducts of its affairs every year by 31 
January of the next year.  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13059  
 (2) The Government may, at any time if it deems nec essary, require the 
Institution to furnish any report, statement or ret urn on any matter of its affairs, 
and the Institution shall be bound to furnish it to  the Government. 
45. Removal of difficulties .—If any difficulty arises in giving effect to 
any provision of this Act, the Government may, by n otification in the official 
Gazette, subject to being consistent with the provi sions of this Act, remove 
such difficulty.  
46. Public Servant .—The Director General and the employees of the 
Institution, including the inspectors appointed or authorised or the employees 
empowered under this Act, shall be deemed to be the  public servant as defined 
in section 21 of the Penal Code.  
47. Failure of public servant to perform duty .—(1) If any public 
servant, assisting to prevent offences under this A ct, fails to perform his duty 
knowingly or contravenes any provision thereof, he shall be liable for such 
failure or contravention. 
(2) If any public servant is liable for any failure  or contravention under 
sub-section (1), he shall be accused of offence reg arding discipline and conduct 
in accordance with the rules and regulations applic able for public servants and 
for this reason departmental disciplinary action sh all be taken against him.  
48. Amendment to Schedule .—The Government may, in consultation 
with the Institution, by notification in the offici al Gazette, amend the Schedule 
of this Act. 
49. Power to make rules .—For carrying out the purposes of this Act, 
the Government may, by notification in the official  Gazette, make rules not 
inconsistent with this Act.  
50. Power to make regulations .—For carrying out the purposes of this 
Act, the Institution may, by notification in the of ficial Gazette, and with the 
prior approval of the Government, make regulations not inconsistent with this 
Act and rules made thereunder.  13060 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 51. Repeal and savings .—(1) The Bangladesh Standards and Testing 
Institution Ordinance, 1985 (Ord. No. XXXVII of 198 5), hereinafter referred to 
as the repealed Ordinance, is hereby repealed.  
(2) Notwithstanding such repeal under sub-section ( 1)— 
(a) any act done, action taken or proceeding initia ted  under 
the repealed Ordinance shall be deemed to have been  
done, taken or initiated under this Act; 
 
(b) any case filed or action taken or any act or pr oceeding 
initiated under the repealed Ordinance shall, if pe nding, 
be disposed of in accordance with the provisions of  the 
repealed Ordinance as if this Act had not been 
commenced; 
 
(c)  any contract, document or instrument made by t he 
Bangladesh Standards and Testing Institution establ ished 
under the repealed Ordinance, hereinafter referred to as 
the said Institution, shall continue as if it had b een made 
by the Institution under this Act; 
 
(d) all debts, liabilities and legal obligations of  the 
Institution established under the repealed Ordinanc e 
shall be deemed to be the debts, liabilities and le gal 
obligations of the Institution; 
 
(e) all employees of the Institution under the repe aled 
Ordinance shall, notwithstanding anything contained  in 
any contract or the terms and conditions of the ser vice, 
remain in the service and, as the case may be, cont inue 
their service of the Institution on the same terms and 
conditions as were applicable to them before the 
commencement of this Act until such terms and 
conditions are altered or amended;  evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13061  
  (f) all assets, rights, powers, authorities and pr ivileges, fees, 
all property, movable and immovable, authorised cap ital, 
funds, cash, bank balances and security and all acc ounts 
and books of accounts, register, records and all ot her 
documents of the Institution established under the 
repealed Ordinance shall, upon the commencement of 
this Act, stand transferred to the Institution and the 
Institution shall be entitled thereto; and 
 
(g) the functions of the office or branch, includin g the 
Dhaka branch, established or founded under the repe aled 
Ordinance, in whatever name and wherever it may be 
established or founded, shall, until the office or branch 
of the institution is established or founded or, as  the case 
may be, dissolved under this Act, remain in force a nd 
continue, as if they were established or founded un der 
this Act.    
 
(3) Notwithstanding such repeal under sub-section ( 1), any regulation 
made, notification issued, and any order, direction , permission given, 
recommendation made, all schemes and programmes dev eloped, and all 
statements of accounts and annual report approved, if remaining in force 
immediately before such repeal shall, subject to be ing consistent with this Act, 
be deemed to have been made, issued, given, develop ed and approved under the 
corresponding provisions of this Act, and shall rem ain in force until expired or 
repealed or amended under this Act. 
52. Publication of Authentic English Text. —(1)  After the 
commencement of this Act, the Government may, by no tification in the official 
Gazette, publish an Authentic English Text of this Act. 
(2) In the event of conflict between the Bangla and  the English Text, the 
Bangla Text shall prevail. 13062 evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020  
 Schedule 
(See section 8) 
Part-1 
1. Ministry of Industries. 
2. Ministry of Agriculture. 
3. Ministry of Fisheries and Livestock. 
4. Ministry of Commerce. 
5. Finance Division. 
6. Ministry of Posts, Telecommunications and Inform ation Technology. 
7. Ministry of Health and Family Welfare. 
8. Ministry of Power, Energy and Mineral Resources.  
9. Legislative and Parliamentary Affairs Division. 
10. Ministry of Information. 
11. Ministry of Textiles and Jute. 
12. Ministry of Home Affairs. 
Part-2 
1. Bangladesh Food Safety Authority. 
2. Directorate of National Consumer Rights Protecti on. 
3. Federation of Bangladesh Chambers of Commerce an d Industries  
 (FBCCI). 
4. Dhaka Chamber of Commerce and Industries (DCCI).  
5. Chottogram Chamber of Commerce and Industries (C CCI). 
6. Metropolitan Chamber of Commerce and Industries (MCCI). 
7. Consumer Association of Bangladesh (CAB). 
8. Bangladesh Chamber of Industries (BCI). 
9. Bangladesh Shop Owners Association (Bangladesh D okan Malik 
 Samiti).   evsjv‡`k †M‡RU, AwZwi³, wW‡m¤^i 1, 2020 13063  
 Part-3 
1. Bangladesh Council of Scientific and Industrial Research (BCSIR). 
2. Bangladesh University of Engineering and Technol ogy (BUET).  
3. Bangladesh Atomic Energy Commission (BAEC). 
4. Export Promotion Bureau (EPB). 
5. Bangladesh Agricultural Research Council (BARC).    
 By order of the President 
 /glyph1233/bn_ha/bn_visarga /bn_ja/bn_ikaar/bn_iikaar/bn_ka/bn_ra /bn_aikaar_init/bn_ha/bn_ikaar/bn_aikaar/bn_sa/bn_na /glyph1233/bn_ha/bn_visarga /bn_ja/bn_ikaar/bn_iikaar/bn_ka/bn_ra /bn_aikaar_init/bn_ha/bn_ikaar/bn_aikaar/bn_sa/bn_na /glyph1233/bn_ha/bn_visarga /bn_ja/bn_ikaar/bn_iikaar/bn_ka/bn_ra /bn_aikaar_init/bn_ha/bn_ikaar/bn_aikaar/bn_sa/bn_na /glyph1233/bn_ha/bn_visarga /bn_ja/bn_ikaar/bn_iikaar/bn_ka/bn_ra /bn_aikaar_init/bn_ha/bn_ikaar/bn_aikaar/bn_sa/bn_na 
 /glyph1236/glyph642/bn_sa/bn_iikaar/bn_ca/bn_ba (/bn_aikaar_init/bn_la./bn_a.)।   
  
†gvnv¤§` BmgvBj †nv‡mb, DccwiPvjK (DcmwPe), evsjv‡` k miKvix gy`ªYvjq, †ZRMuvI, XvKv KZ…©K gyw`ªZ|  
gvKmy`v †eMg wmÏxKv, DccwiPvjK (DcmwPe), evsjv‡`k di g I cÖKvkbv Awdm, †ZRMuvI, 
XvKv KZ…©K cÖKvwkZ|  website : www.bgpress.gov.bd