Statute Review: Consumer Law

aspect in Bangladesh

Submitted To Submitted By
Showeb Group ‘C’
Assistant Judge

Dated:
Introducing Group ‘C’
Group Members
Name #ID
1. Moajjem Hossain #141240603562
2. M
Serial Name of the Act Remarks
No.
1. Transfer of Property Act 1882

2. পশু জবাই ও মাাংসের মান ননয়ন্ত্রন আইন, ২০১১

3. The control of Essential Commodity

Act 1956
4. ননরাপদ খাদয আইন, ২০১৩

5. মাতৃদুগ্ধ নবকল্প, নিশু খাদয, বানিনজযকভাসব

প্রস্ত্ততকৃত নিশুর বাড়নত খাদয ও উহা বযবহাসরর
েরঞ্জামানদ (নবপিন ননয়ন্ত্রি) আইন, ২০১৩

6. Trade Mark Act 2009

7. Standards of Weights and Measures
Ordinance 1982
Abstract
This study aims at finding the Legal Provisions for Protection of Consumers’ Rights and Control
of Deception in Bangladesh from the various scattered Laws of Bangladesh & this study also
aims finding out the loopholes of the existing laws of Bangladesh on consumer rights and to give
proper suggestions thereof. This article shall give a comprehensive idea on the protection
mechanisms of consumer rights in Bangladesh.

Introduction
The Protection of consumer rights is now a global agenda. Bangladesh a Third world country has
enacted many laws for protection of consumer rights but all the rights of consumer is scattered in
different laws. In this paper we will discuss about different Consumer rights ensured by different
laws of Bangladesh. We will discuss from-
1) Transfer of Property Act, 1882
2) পশু জবাই ও মাাংসের মান ননয়ন্ত্রন আইন, ২০১১
3) The control of Essential Commodity Act 1956
4) ননরাপদ খাদয আইন, ২০১৩
5) মাতৃদুগ্ধ নবকল্প, নিশু খাদয, বানিনজযকভাসব প্রস্ত্ততকৃত নিশুর বাড়নত খাদয ও উহা বযবহাসরর েরঞ্জামানদ (নবপিন ননয়ন্ত্রি) আইন, ২০১৩
6) Trade Mark Act 2009
7) Standards of Weights and Measures Ordinance 1982
Transfer of Property Act 1882

This act is a law relating to the Transfer of Property by Act of Parties. There are many provisions in
this act which ensures the right of consumer & it also ensured the consumer from fraud & deceptive practice
by the seller of Immovable property which were prevalent at that time. The provisions which dealt with
Consumer protection were discussed below---

Section 41-Transfer by ostensible owner

This section protects the buyer of an immovable property from fraud & deception. This section provides
that Where, with consent, express or implied, of the persons interested in immoveable property, a person
is the ostensible owner of such property and transfers the same for consideration , the transfer shall not be
voidable on the ground that the transferor was not authorised to make it.

From the text of the section it can say that this section protect a buyer of an immovable property from fraud
practice of seller of immovable property. Because according to this section if a buyer make a contract of
sell of immovable property with a person who acted like a genuine owner of that property but subsequently
if he or actual owner denies that the contract is invalid because ostensible owner has no title in the property
in that case this section protects the buyer of immovable property from such denial.

This section ensured the Right to safety (from fraud) of Consumer.

Section 43- Transfer by unauthorized person who subsequently acquires interest in property
transferred
This object of this section is similar like the previous one. It protects a buyer of an immovable property
from deceitful act by the seller. This section provides where a person fraudulently represents that he is
authorised to transfer certain immoveable property and professes to transfer such property for
consideration, such transfer shall, at the option of the transferee, operate on any interest which the
transferor may acquire in such property at any time during which the contract of transfer subsists.
The text of this section implies that if a person fradulentlty represent that he is authorized to transfer an
immovable of which a person interested to buy & make a contract with good faith & if subsequently it
found that the seller has no lawfukl title over a portion of property in that case if the seller attain lawful
title over that portion of property at any time then he must transfer that portion to the buyer of that
property.
This section ensured the Right to safety (from fraud) of Consumer

Section 50-Rent bona fide paid to holder under defective title

This section protect a consumer from double charging of rent. Under this section No person shall be
chargeable with any rents or profits of any immoveable property, which he has in good faith paid or
delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards
appear that the person to whom such payment or delivery was made had no right to receive such rents or
profits.

This section ensured the Right to safety of Consumer of service.

Section 52- Transfer of property pending suit relating thereto
This section protect a buyer of property from buying a defective title property. The section provides that
during the pendency in any Court of any suit in which any right to immoveable property is directly and
specifically in question, the property cannot be transferred or otherwise dealt.
So the above mentioned section debarred the transfer of property of which the title is directly in question
in a suit.
This section ensured the Right to safety of Consumer of service.

Section 53A- Part performance

Part-Performance is an equitable principle that allows a court to recognize and enforce an oral contract
despite its legal deficiencies. By applying the part performance doctrine, a party can establish the
existence of a contract despite the lack of any written evidence.
This section ensured the Right to safety of Consumer by securing the position of buyer of an immovable
property who has taken the possession of property & has done some act in furtherance of contract.

Section 53B- Immoveable Property under a contract for sale not to be transferred

The object of this section is protect the right of buyer of an immovable property who made a contract of
sale with the buyer of that immovable property.m The section clearly states that No immoveable property
under a contract for shall be transferred unless the contract is lawfully rescinded, and any transfer made
otherwise shall be void.
The section ensured the Right to safety.

Section 53C- Immoveable Property without Khatian not to be sold

Under this section sale of immovable property without Khatian has been declared void. By this section a
property cannot be sell with an intent to deceit the buyer as he must show the latest Khatian prepared with
his name.

The section ensured the Right to safety of a buyer.

Section 54A- Contract for sale to be registered, etc

This section made it mandatory that every contract of sale of immovable property must be registered. As
the contract of sale has to be registered there is no chance to defraud any buyer by selling the property for
second time.

Section 55(1) Rights and liabilities of buyer and seller

Under this section the seller is bound to (1) produce all the documents relating to the title of property, 2)
Disclose any material defect in the property or in the seller’s title. 3) answer to best of his information all
relevant questions, which buyer puts to him in respect to immoveable property or title to immoveable
property. 4) Between date of contract of sale and delivery of immoveable property take as much care of
the property and all documents of title as an owner of ordinary prudence would take care of such property
and documents.
As the seller is bound to do all the acts mentioned above it protect a buyer of immovable property from
deceit & fraud.
Section 55(6) provides the right of buyer. The buyer is entitled to the peaceful ownership of the property
which has passed to him.

পশু জবাই ও মাাংসের মান ননয়ন্ত্রন আইন, ২০১১

The legislation enacted for providing the provision of animal slaughter and ensuring the availability of
quality meat for the public and related related matters. The provisions which dealt with Consumer
protection were discussed below---

Sec-3(2) Restriction of slaughtering outside slaughterhouse

Under section 3 , no person, institution or organization shall slaughter any animal outside the Slaughter
House for selling commercial purposes,except namely: -

(a) Eid al-Azha, Eid al Fitr or any other religious, social program and government's official gazette Any
other festival or event declared by the notification;
(B) For domestic consumption purposes based on family needs
So the act, put a ban on slaughtering animals outside of slaughtering house. Slaughtering house ensures
the safety of meat. So this provision of the act can be call a fine example of Consumer rights protection.

Section 5- Examination of health of preslaughter and post-slaughter of animals.

Under section 5(2) provides, the animals mentioned in Act shall be properly examined by the Veterinary
Officer at preslaughter and post-slaughter of animals.
This provision of the act, ensures the Right to safety of Consumer.
Section 6- Environment of slaughterhouse
Under Section 6, the environment and quality of the slaughter house shall be determined by the rules. The
environment of slaughterhouse should be standard.
This provision of the act, ensures the Right to safety of Consumer.

Section 7- Setting up of slaughterhouse, meat selling and processing plant.

Under section 7, According to the rules made under this Act, slaughter houses, meat sale establishments
or meat processing plants will be set up.
This provision of the act, ensures the Right to safety of Consumer.

Section 11- Animal Slaughter's Health Checkup

According to the law, all workers related to animal slaughtering, meat processing and marketing should
be certified by the appropriate physician, whether it is infectious or contagious, and certificates given by
the appropriate physician, slaughter house, meat sales establishment, and meat processing factory owner,
manager or any other responsible.
This provision of the act, ensures the Right to safety of Consumer.

Section 17- Eating Disabled Declaration

If after the animal testing of the slaughtered animal it appears to the veterinary officer or veterinarian that
part of the whole carcass or carcass is unsuitable for human consumption, then he shall declare the entire
cartilage or carcass portion or meat disqualification
This provision of the act, ensures the Right to safety of Consumer.

Section18- Due to the defective carcass or partial carcass or the removal or destruction of the meat
or theft
The Veterinary Officer or the Vetnerian may order the removal or destruction of the meat affected.
This provision of the act, ensures the Right to safety of Consumer And Right to Healthy Environment.

Section 20- Disposal of slaughter wastes

Waste management shall be done according to the rules made under this Act.
This provision of the act, ensures the Right to Healthy Environment.
Section 22- Seizure and disposal of meat and meat products
If a veterinary officer or veterinarian is visiting the area under his area, he is satisfied that by breaking this
law or order, the animal is slaughtered, slaughtered animals or animal meat or meat or meat products have
been sold or served, then that animal or meat Or to detain meat products or vehicles, or to order arrest or
to remove or to remove it according to the rules Times may direct.
This provision of the act, ensures the Right to Healthy Environment.
Section 23 & 24- Crime & Punishment
If a person, organization or organization violates any of the provisions of this Act or the rules made
thereunder, then the violation shall be an offense under sec. 23.
Punishment of the offence prescribed in section 24, According to Section 24 (1) of Animal Sacrifice Act,
2011, 'If any person violates any provision of the rules made in this Act, or accordingly, fails to perform
the duty or to fulfill orders or order, then he or she is not entitled to any such violation or failure ) Will be
punishable with imprisonment for a term of five years or a minimum of 5 (five) thousand and not less
than 25,000 (twenty five thousand) taka, or both.

Secondly, if the same person again violates any provision of this Act or rule, or fails to perform the duties
or order or order accordingly, then he will be sentenced to imprisonment for a term of not less than two
(two) years or less than 10 (ten) years for such violation or failure. Thousands and not less than 50,000
(fifty thousand) taka, or both will be punishable
This provision of the act, ensures the Right to Redress of Consumer.
Weakness of this act:
1. Butchers are slaughtering animal outside the slaughterhouse.
2. Non-cooperation from butchers and meat inspectors and scarcity of safe slaughtering house.
3. Non-cooperation from corrupt vet
4. Lack of hygienic environment and quality of slaughterhouse.
5. No Knowledge and perception of butcher about animal slaughter act, 2011
6. Non enforcement.
The control of Essential Commodity Act 1956
It empowers the government to declare some commodities to be essential from time to time and to control
production, distribution, preservation, use and business of these commodities. It also lays down provision
for license and permit system for the control of certain commodities, for compelling the hoarders of
essential commodities. The provisions which dealt with Consumer protection were discussed below---

Section 3- Powers to control production, supply, distribution, etc, of essential commodities

The Government, so far as it appears to it to be necessary or expedient for maintaining, or increasing
supplies of any essential commodity or for securing its equitable distribution and availability at fair
prices, may by notified order provide for regulating, or prohibiting the production, treatment, keeping,
storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption thereof and
trade and commerce therein.
Order that can made under this provision:
(a) for regulating by licences, permits or otherwise the production or manufacture of any essential
commodity;
(b) for controlling the prices at which any essential commodity may be bought or sold;
c) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal,
acquisition, use or consumption of any essential commodity;
e) for requiring any person holding stock of an essential commodity to sell the whole or a specified part of
the stock at such prices and to such persons or class of persons or in such circumstances, as may be
specified in the order;.
This provision of the act, ensures the Right to Safety from unreasonable price********

Penalties
6. (1) If any person contravenes any order made under section 3, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with both, and if the order so
provides, any Court trying such contravention may direct that any property in respect of which the Court
is satisfied that the order has been contravened shall be forfeited to the Government:
Provided that where the contravention is of an order relating to foodstuffs which contains an express
provision in this behalf, the Court shall make such direction, unless for reasons to be recorded in writing
it is of opinion that the direction should not be made in respect of the whole, or, as the case may be, a
part, of the property.
(2) The owner of any vessel, conveyance or animal carrying any property in respect of which an order
under section 3 is contravened shall, if the carrying is part of the transaction involving the contravention
and if he knew or had reason to believe that the contravention was being committed, be deemed to have
contravened the order, and in addition to the punishment to which he is liable under sub-section (1), the
vessel, conveyance or animal shall when the order provides for forfeiture of the property in respect of
which the order is contravened, be forfeited to the Government.
(3) If any person to whom a direction is given under sub-section (4) of section 3 fails to comply with the
direction he shall be punishable with imprisonment for a term which may extend to three years or with
fine or with both.
This provision of the act, ensures the Right to Redress.

Weakness of the act

Consumer cannot file case directly
Under section 10 of the act
নিরাপদ খাদয আইি, ২০১৩
To ensure the right to receive safe food through appropriate practices of scientific method , through the
coordination of food production, import, processing, stocking, supply, marketing and sales related
activities, and in order to establish an Efficient and effective authority. The provisions which dealt with
Consumer protection were discussed below---

Section-5 Establishment of safe food authority

The Government shall, for the purpose of this Act, establish an authority named 'Bangladesh Safe Food
Authority'
Duties and Functions of the Authority:
1) The main responsibilities and functions of the Authority shall be to coordinate the activities of all the
organizations related to the control and monitoring of the activities related to food production,
importation, processing, stock, supply and sales and ensuring safe food availability through proper
practice of scientific method.
2) To provide necessary cooperation to the organization and to monitor the implementation of their
functions
3) To provide necessary assistance to the concerned authorities or organizations in updating or upgrading
the maximum standard of safety or guidance (guideline) of food prescribed by any other authority or
organization under existing law
4) to determine the quality standards or guidelines of the relevant food, if the quality of the food is not
determined by any existing law;
5) Monitoring the implementation and implementation of necessary assistance to the concerned
authorities or organization in the specifications of the tolerable level of radioactivity in food;
6) Determine potential risk assessment, analysis, reporting and management procedures and identifying
increased risk and launching regular warning system
7) accepting and analyzing food samples and exchange information with law enforcement agencies;

Regarding prohibition on certain acts

The said act prohibited certain acts and if any person contravenes these prohibitory act under the
provision of (23-43) of নিরাপদ খাদয আইি, ২০১৩ he shall deemed to have committed offence. The act
which were declared as prohibitory has been laid down-
1. Use of toxic materials (Sec.
2. Excessive use of radioactive, heavy metals, etc.
3. Adulterated food or food production, import, marketing, etc.
4. Low food production, etc.
5. Use of food additives or processing aids
 6. Keeping the industries used in industrial factories such as oil, waste, adulterant or
pollutants
7. Expired food or foodgrains
8. The use of growth amplifiers, insecticides, pesticides or medicines residues,
microorganisms, etc.
9. Production, sale, etc. in the process considered harmful to human health
10. Diseased or rotten fish, meat, dairy sales, etc.
11. Prepared food by the infected person, and so on
12. Save and display the names, addresses and receipts or invoices of concerned parties
13. Untrue or misleading information about advertising
14. No person shall create, print, publish or propagate any advertised advertisement about the
quality, nature, value, etc. of any food or food product, through which the public may be
confused.

Food businessman's special responsibility

Section 42- Discarded foods with low or risky or poisonous substances
If a person has reasonable grounds to believe in the fact that the criteria set under this Act or any other
law is not being followed in any food or food production he has produced, processed, supplied or sold, or
is there any defective, radioactive, The presence of radiation or any other risky or poisonous substance
exists, if it is Notwithstanding the reason, the matter shall be taken for the purpose of removing the matter
from the consumer or the consumer in the manner prescribed by the regulation, informing the authorities,
informing the concerned food or foodgrains immediately after questioning public knowledge.

Section 44- Special responsibility for producers, packets, distributors and sellers
44 (1) If a food producer or manufacturer of foodstuff fails to comply with the provisions of this Act or
the rules or rules made thereunder, it shall be deemed to violate this law.

(2) The stocking or distributor of any food or food grains shall be liable for the violation of the provisions
of this Act, if he, -
(a) provides food after the expiration date;
(B) the producer reserves or distributes food by violating the declared precautionary instructions;
(C) remove food safety information, business marks or contacts;
(D) The person who has taken food or stock for food, cannot identify the source of the producer; Or
(e) Accepted for distribution or distribution of food despite being unsafe.

(3) Any food or food seller shall be liable for the violation of the provisions of this Act for sale of food, if
he, -
(a) sells any food after the expiration date or reserves the place of sale;
(B) sell or sell or sell for sale of food in an unhealthy condition;
(C) remove food safety information, business marks or contacts;
(D) The person who took food from him or her can not identify the source of the distributor or producer;
(e) In spite of knowing the insecure, accept any food items for sale or sale.
The ability to seize adulterated food

55 (1) Inspector may, at any time, from time to time of the morning before sunrise,
(a) Supply the supply of food, the supply path, the place of sale or sale of food, visit the status of any
material, place or situation of its production process. ; And

(b) Examine any materials used for the use or use for food or any material used for the manufacture or
manufacture of such food items or food.
(3) During inspection and examination under sub-section (1), if the inspector has reasons to believe that if
there is any living or functioning material, receptacle or its components specific to the preparation of food
or marketing, which is harmful or inappropriate or harmful to human health He may seize those things or
the food manufactured by it.

Destroying live or functional things, etc.

56. (1) If any inspector or living or working material, food, materials, materials, containers, seized by any
person empowered under sub-section (3) of section 55, or any authority empowered, shall be found in
possession of the owner. In the written consent of the person or owner, it can be destroyed immediately
before two persons;
3) The total expenditure for taking action under sub-section (1) and (2) shall be recoverable as a public
demand from the person who receives the living or working material, food, materials, materials, or
presumptive jab in the possession of which.

Penalties for violating the provisions of this Act

Section 58 provides that If any person violates any of the provisions of this Ordinance in the Schedule (3)
of the Schedule, it shall be treated as an offense under this Act, and for the purpose of this, in the sentence
mentioned in column (4) and violating the same provisions, the sentence shall be punished with the
sentence described in column (5) .
Establishment of food court, power and jurisdiction
64. (1) there shall be required number of courts for the trial of offenses under this Act which shall be
called the pure food court.

Complaint and suit filed

66. (1) Any person, including the consumer of food, consumer, recipient or food, can make a complaint in
writing in writing to the Chairman or to the empowered representative or inspector regarding the anti-
food activities under this Act.

Investigation deadline
67. (1) the officer empowered by the chairman or inspector appointed in the local jurisdiction shall
investigate all the allegations described in this Act as the investigating officer.
(2) When conducting investigations of any complaint under this Act, the investigating officer shall
exercise powers similar to the officer in charge of the police station following the provisions of the
Criminal Procedure Code.
68. (1) the officer or inspector authorized by the chairman shall complete the investigation within the next
90 (ninety) working days from the date of issue of order to investigate an offense by the food court.

Warrant power
69. If the food court has reason to believe in the context of the arbitration of the officer or its authorized
officer, or in his opinion, -

(a) any person has committed an offense under this Act, or

(b) any material related to the crime under this Act or for its proof no documents required, documents or
any type of accessories are kept in any place or person,

After recording the reasons for the court to arrest the person or the place, day or night, at any time, a
warrant may be issued.

Mobile Court jurisdiction

75. Notwithstanding anything to the contrary in this Act, the offenses under this Act, in whatever case,
will be decided according to the Mobile Court Act, 2009 (Act No. 59 of 2009).

Civil remedies
76. (1) There shall be no legal restriction for the civil court to file a lawsuit in respect of the local
jurisdiction concerned by demanding civil remedies against any person and food owner who has been
convicted of criminal prosecution for filing criminal proceedings against him for any anti-law activity.

(2) If a food-recipient is harmed by the anti-food activities of a vendor, and if the amount of such loss is
deemed to be financially worth, then he can claim a compensation of 5 (five) times of the said amount and
compensate him in the appropriate civil court.

Authority's powers to conduct administrative investigation

78. (1) If any person has any complaint about the purity of food, he may apply for administrative action in
writing to the authority, in the manner prescribed by rules.
(2) Within 30 (thirty) days of receiving an application under sub-section (1), the authorities will give
proper guidance to the person who has prepared, marketed or sold that food after conducting necessary
administrative inquiry or inquiry into the complaint.
(3) In order to conduct an investigation under sub-section (2), the Authority may appoint any officer
thereof as an investigating officer for the purpose of this section.
(4) The investigating officer appointed under sub-section (3) shall conduct the investigation, in the
manner prescribed by rules, and submit a report to the authority.
(5) After considering the investigation report submitted under this section, if any person is instructed to
do so by the authorities, then if the person fails to comply with the said order, then the Authority, in the
manner prescribed by the rules, shall not exceed 3 (three) ) May impose a fine of Rs.
(6) Notwithstanding anything contained in sub-section (5), for the violation of Article 23, 24, 25, 26, 27,
28, 29, 30, 31, 33, 34, 35 and 37 of this Act, the administrative fine under this section Will not be
imposed.
(7) If any person fails to pay the administrative fine imposed on him under this section, within the
prescribed time, it shall be recoverable in the public demand under Public Demands Recovery Act, 1913
(Act IX of 1913).

Weakness
a) Multiplicity of Laws
Minimum 15 laws govern the current legal framework of food safety in Bangladesh. It is important to
note that, use of such a large quantity of laws for a single purpose like food safety is quite unusual. Two
examples are given below.
Firstly, section 272 and 273 of the PC 1860 endorses food adulteration as an offence. The PFO 1959 also
tries the same offence in section 6(1)(a) and prohibits the food adulteration in manufacturing. Section 16
of the PFO 1959 proscribes keeping of adulterants in places where food is manufactured. Later in 1974,
the GoB repeatedly comprised food adulteration under SPA 1974 by inserting section 25C, which is
simply considered as the alteration of the language, punishments (in this instance, death penalty) of the
parallel provisions of PC 1860. While food adulteration had been criminalised under three
aforementioned enactments simultaneously, in 2009 GoB enacted the CRPA 2009, where section 41
included the same offence over again. 54
This multiplicity of enactments creates confusion in the mind of manufacturers, processors, retailers or
even to the enforcement authorities to realise which law deals with particular food safety issue.
The above discussion suggests that manufacturers and retailers may sometimes violate the laws from
sheer ignorance. Therefore it can be argued that an integrated law is essential in the FSRRB to address the
current food safety concerns, 56 and all the aforesaid statutes can be consolidated to enact a single food
safety law

b) Enforcement Problems
In Bangladesh, penalties are practised as the way of the execution of the statutes. But no persuasive
measures like the training, caution notice, improvement notice are involved in the enforcement
mechanism. Moreover, the administrative enforcement mechanism of Bangladesh is not organised. It has
not designed inspection strategies and there is no clear method of detecting non-compliance with the
regulations. It is important for a better enforcement regime to have outlined clear implementation
strategies so that all instances of non-compliance can be easily identified and action taken promptly by the
proper authority.83 There is no particular enforcement authority or any authorised officer who is
exclusive responsible to enforce the food safety regulations in Bangladesh .
Executive magistrates, however, are seldom interested in doing this due to their busy work schedule,
which is filled with lots of administrative duties. Thus not only are the inspection activities to ensure food
safety are consistently hampered but so are enforcement actions.
Lack of awareness
Lack of awareness is observed both among consumers and producers. Often certain demand of consumers
does not match the price they are ready to pay for that commodity, which creates room for adulterated
food. Thus consumers should be made aware of the cost differentials of high and low quality products
Producers are not aware of the health hazards of certain products which they use in the food, for example,
tasting salt. Awareness of health hazards of this kind of chemicals must be raised. Even legitimate use of
chemicals beyond specific threshold levels may make food unsafe. This is as area where awareness of the
producers should be enhanced.
Mobile laboratories
Mobile laboratories are necessary to monitor implementation of food safety laws which should be
preceded by scientifically based and globally applicable standards. There should also be adequate supply
of technicians and testing kits to run those laboratories. There should also be central food testing facilities
at least in every divisional city. The BSTI laboratories alone may not be enough. Then again the issues of
sampling of food (including anonymity), their transportation to laboratories as well as deployment of
trained field officers should be given proper and adequate though so that the results of testing can be
scientifically defended. Moreover the speed of testing and reporting are critical issues. Long gestation in
these procedures raises the possibility of undue interference in them by influential and dishonest
stakeholders.
মাতৃদুগ্ধ নিকল্প, নিশু খাদয, িানিনযযকভাবি প্রস্ত্ততকৃত নিশুর িাড়নত খাদয ও উহা িযিহাবরর
সরঞ্জামানদ (নিপিি নিয়ন্ত্রি) আইি, ২০১৩
An act to promote breast-feeding by regulating the marketing of breast-milk substitutes. This act is entitled
“Breast-Milk Substitutes, Baby Foods, Commercially Manufactured Supplementary Baby Foods and Its
Equipment (Regulation of Marketing) Act, 2013.” The aim of this act is to protect the children of zero to
five. The provisions which dealt with Consumer protection were discussed below---

Restriction on Advertisement of “Breast-Milk Substitutes, Baby Foods, Commercially

Manufactured Supplementary Baby Foods
According to section 4 of the new Act of 2013 no person shall print, exhibit, circulate or publish any
advertisement of any breast-milk substitutes, infant foods, commercially manufactured complementary
foods and any accessories thereof. Therefore, advertisements of these products telecast in different
television channels and advertisements published in different newspapers in Bangladesh completely
violate of the law
The law prohibits indirect advertising too, that means exposure during the publicity of any commodity,
particularly child commodity such as: diaper, clothes, toy, etc. In addition, the law prohibits donating or
distributing these items to any organizations or rescue shelters that are engaged in saving or reducing risk
of children below five years of age or pregnant woman or newly delivered woman who are affected or
endangered by natural calamity in the time of disaster.
The following activities shall not be conducted, In order to encourage or encourage sale of breast milk
substitutes, child foods, commercially manufactured baby food or its utility equipment;

1) to offer or offer any item for gifts, discount coupons, depreciation or free of cost to any person;
2) providing financial motivation or any other gift to any health worker or any member of his
family;
3) use a health care center or a pharmacy sales center;
4) to arrange any kind of competition or any event or any other support for children;
5) direct contact with any pregnant woman, breast-feeding or mother's mother or make any kind of
tempting proposal;
6) Distribute any kind of leaflets or gift items about the promotion of breast milk substitutes, infant
foods or the use of its tools, especially during the promotion of children's products (such as
diapers, clothes, toys, dolls, toiletries, toilets etc.);
.

Section 7 of the Act mentions that, people should be made aware of advantages of breast feeding and
importance of homemade nutritious foods.
Registration is a must
Section 5 of this act prohibits import, manufacture, sale and distribution of food supplements for children
without prior registration under Institute of Public Health and Nutrition (IPHN), Bangladesh.
Section 10 authorizes the director of IPHN to give registration of breast milk substitutes, baby foods, and
commercially manufactured supplementary baby foods. Such registration is for three years and is
renewable after expiration

Cancellation of registration
Section 11 deals with cancellation of registration. The director of IPHN can cancel the registration for
breast milk substitutes, baby foods, and commercially manufactured baby food supplements with a prior
notice of fifteen days, if the concerned party gives false information while getting registration or violates
any provision of the act

Containers and labelling

According to section 6 of the act, each food supplements must situate in a sealed and hermetically closed
container and they cannot be marketed unless fulfilling the following conditions:
Containers and labels of BMS products must include -
1) A visible and intelligible message in BANGLA has to be printed on the container to the effect
that “nothing is substitute for or equivalent or superior to breast-milk.”
2) Ingredient used, batch number, registration number, and the dates of its manufacture and
expiry have to be printed on the container.
3) Clear instructions on preparation and composition.
4) Some basic information about breastfeeding.
Containers and labels of BMS products mustn’t include-
1) Any picture of infant or mother or both or such other picture or writing which may establish the
use of these products.
2) Use of cartoons or signs identifying the alternative baby foods and food supplements.

Enforcement
Institute of Public Health and Nutrition, Bangladesh is the authority under this act to enforce the law.
Civil surgeon at district level and chief health officer at city corporation area are the authorized persons to
look after the law. Any authorized person can search any place to inquire about any stuff which may
cause violation
Penalties:
If anyone contravenes any provision of this Act, such contravention shall constitute an offence, and for
that, he shall be punished with imprisonment which may extent to maximum 3 (three) years or with fine
which may extent to maximum 5,00,000 (five lacs) or with both. Whoever commits an offence for second
time shall consecutively be liable to be sentenced with double term of punishment.
Weakness & recommendation:
1) Despite being a good piece of legislation, the law suffers from poor enforcement. The government’s
focus should be on proper implementation of the law. Fortunately, social awareness is our only strength to
fight against the powerful BMS companies and child malnutrition. We must make use of this strength to
ensure proper nutrition for our future generation.
2) Baby foods' advertisements are so unregulated that some advertisements show that doctors prescribe
these commercially manufactured foods for increasing height and brain development. The law however
does not include the foods applicable for children above five years. But the popular advertisements are
not clear or specific about age of consuming

Trade Mark Act 2009

Trade mark act provides that all manufactured commodity should have a trademark, which will distinguish
it from other commodity of the same nature and the consumers will get the liberty to choose their own
brand. The object of this act to give protection to the original trademark against unauthorized use of his
Trade Mark by his competitors.

Standards of Weights and Measures Ordinance 1982

Standards of Weights and Measures Ordinance 1982 provides that the establishment of standards
of weights and measure shall be based on metric system and units of measurement and would be
known in the country as System International(SI) units.