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DEPARTMENT OF MARKETING

Term On
Consumer Protection Act
Course Code: 312, Course Tittle: Business Environment

Submitted To
Md. Abdullah Al Jamil
Associate Professor
Department of Marketing
Comilla University

Submitted By:
ID NAME
12107029 Eraj Anwar

Date of Submission
05/03/2024
Table of Contents

Serial No. Topics and Name Page

01 The essential Commodity act 1956

02 The pure food ordinance 1959

03 The price and distribution of essential


commodity ordinance 1970
04 The drug control ordinance 1982

05 The breast milk substitute ordinance


1984
06 The tobacco goods marketing act 1988

07 The special power Act 1974

09 The dangerous drug act 1930


10 The trademark act 1980
11 The standard of weight of measures
ordinance 1982
12 The food grain supply ordinance
1956
13 The panel code act 1860
14 The Bangladesh standards and
testing institute ordinance 1985
15 Consumer rights protection act 2009
The Essential Commodity ACT 1956

The Essential Commodities Act, 1956 (ECA), enacted by the Parliament of India, serves as a
pivotal measure aimed at securing the accessibility of essential commodities to consumers at
equitable prices. Designed to empower the government in overseeing critical sectors of
production, supply, distribution, and trade, the Act delineates essential commodities across
various categories, including foodstuffs, textiles, seeds, fertilizers, petroleum products,
cement, drugs, paper, iron, and steel.

Key Provisions of the ECA:

1. Regulation of Essential Commodities: The government, through the ECA, possesses


the authority to issue orders regulating the production, storage, movement,
distribution, disposal, acquisition, use, or consumption of any essential commodity.
This comprehensive oversight ensures a well-coordinated and efficient supply chain.
2. Price Control Mechanism: The Act empowers the government to control the prices
at which essential commodities are bought or sold. This provision is crucial for
maintaining affordability and preventing arbitrary pricing practices, thereby
safeguarding the interests of consumers.
3. Prevention of Hoarding and Black Marketing: The ECA includes measures to
combat hoarding and black marketing of essential commodities. This serves as a
deterrent against activities that could artificially manipulate prices or create scarcity,
promoting a fair and transparent market.

Practical Significance:

The ECA holds paramount importance as a legislative tool in the government's efforts to
secure the availability of essential commodities, particularly during periods of scarcity. By
employing the Act, authorities can regulate prices, prevent hoarding, and address black
market activities. This proactive approach contributes to market stability, protects consumer
interests, and fosters a balanced and sustainable economic environment.
The pure food ordinance 1959

The Pure Food Ordinance, 1959, also recognized as East Pakistan Ordinance LXVIII of 1959,
played a crucial role in regulating the food industry in the former East Pakistan, now
Bangladesh. Enacted with the primary objective of enhancing control over the manufacturing
and sale of food for human consumption, the ordinance focused on ensuring the safety and
quality of food products.

Purpose: To enhance oversight and control over the production and sale of food for human
consumption, ensuring its safety and quality.

The Pure Food Ordinance is a crucial piece of legislation that plays a significant role in
safeguarding public health by regulating the quality of food available in the market. It has
been amended over the years to adapt to changing circumstances and improve food safety
standards in Bangladesh.

Here are some of the main provisions outlined in the ordinance:

 Prohibition of Adulterated Food: The ordinance prohibits the manufacture or sale of


any food that is adulterated, ensuring that food products meet specified quality
standards.
 Quality Control: It establishes rules for normal constituents of food items and sets
guidelines for deficiencies or additions that render food adulterated.
 Safety Measures: The ordinance prohibits the sale or use of poisonous or dangerous
chemicals in food products, ensuring consumer safety.
 Empowerment: The ordinance bestowed local authorities with the power to enforce
regulations, encompassing the issuance of licenses and conducting inspections.
Authorities were authorized to impose penalties for violations, thereby ensuring
compliance with the stipulated standards.
 Current Status: The Pure Food Ordinance, 1959, was repealed by the Safe Food Act,
2013 (Act No. 43 of 2013) in Bangladesh. The Safe Food Act introduced a more
comprehensive and contemporary framework for guaranteeing food safety in the
country, reflecting the evolving needs of the food industry and consumer protection.

The price and distribution of essential commodity ordinance


1970

The Price and Distribution of Essential Commodity Ordinance 1970, also known as Republic
Act No. 6124, was enacted in the Philippines to regulate the maximum selling prices of
essential articles or commodities.

Here are some key provisions of this ordinance:

 National Policy Declaration: The ordinance declares it a national policy to prevent


monopoly, hoarding, injurious speculation, manipulation, and profiteering concerning
the supply, distribution, and marketing of essential commodities like medicines, food,
clothing, fuels, construction materials, educational supplies, and agricultural inputs.
 Price Fixing: It empowers the Price Control Council to establish maximum prices for
essential commodities that are essential to the public interest. These prices are set to
be fair, just, and reasonable based on production costs and mark-ups for
manufacturers, wholesalers, and retailers.
 Local Price Councils: The ordinance mandates the establishment of local price
councils in each province and chartered city to regulate the prices of essential
commodities under the control and supervision of the Price Control Council.
 Enforcement and Penalties: It imposes penalties such as imprisonment or fines on
individuals who sell essential commodities above the maximum selling prices set by
the Council.
 Effective Period: The ordinance was effective from April 2, 1970, up to June 30,
1971. However, convictions rendered under this act or related regulations remain
valid and enforceable even after its expiration.

The Price and Distribution of Essential Commodity Ordinance 1970 aimed to ensure fair
pricing and prevent unfair practices in the supply and distribution of essential goods for the
benefit of public welfare in the Philippines.
The drug control ordinance 1982

The Drugs (Control) Ordinance, 1982 (Ordinance No. VIII of 1982), is a Bangladeshi law
designed to oversee the manufacture, import, distribution, and sale of drugs within the
country. Here's a concise summary of its key elements:

Purpose:

 Ensuring Safety, Efficacy, and Quality: The ordinance aims to guarantee the safety,
effectiveness, and quality of drugs available in Bangladesh.
 Regulating Drug Lifecycle: It seeks to regulate the entire lifecycle of drugs,
encompassing their production, import, distribution, sale, and advertisement.

Key Points:

 Establishment of Drug Control Committee: The ordinance establishes a Drug


Control Committee, which plays a crucial role in advising the government on various
aspects of drug control.
 Drug Registration: With exceptions for Ayurveda, Umami, Homeopathic, or
Biochemical systems, all medicines must be registered with the licensing authority
before being manufactured, imported, distributed, or sold.
 Regulation of Drug Quality: The government is empowered to set standards for drug
quality and conduct inspections to ensure compliance with these standards.
 Control of Advertisement: Approval from the licensing authority is required for
advertising drugs to ensure responsible and accurate promotion.
 Penalties: It outlines penalties, including imprisonment and fines, for violations of its
provisions.

Current Status:
 Superseded by Safe Food Act, 2013: While the Drugs (Control) Ordinance, 1982, is
still in effect, it has been superseded by the Safe Food Act, 2013. The latter
incorporates provisions for regulating both food and drug safety in Bangladesh.

The breast milk substitute ordinance 1984

The Breast-Milk Substitutes (Regulation of Marketing) Ordinance 1984, also known as


Ordinance No. XXXIII of 1984, was established in Bangladesh to promote breastfeeding by
regulating the marketing of breast-milk substitutes. Here are some key points regarding this
ordinance:

Purpose:

 Encouraging Breastfeeding and Protecting Infants: The ordinance aimed to foster


breastfeeding practices and safeguard infants from potential risks associated with the
improper use of breast-milk substitutes.

Here are some key points regarding this ordinance:

Promotion of Breastfeeding: The primary aim of the ordinance is to protect and encourage
breastfeeding by regulating the marketing of breast-milk substitutes.

Prohibition of Advertisement: The ordinance prohibits any form of advertisement that


promotes the use of breast-milk substitutes or implies that they are equivalent or superior to
breastfeeding.

Restrictions on Promotion: It prohibits the promotion of breast-milk substitutes through


advertisements, gifts, prizes, discounts, or any other means.

Registration Requirement: No breast-milk substitute can be imported, distributed,


marketed, sold, or locally manufactured for sale unless it is registered under this ordinance.

Labeling Regulations: Breast-milk substitutes must be marketed in sealed and hermetically


closed containers and comply with specific labeling requirements.
Duration of Registration: The registration of a breast-milk substitute is valid for three years
and may be canceled before the expiration date if necessary.

The Breast-Milk Substitutes (Regulation of Marketing) Ordinance 1984 aims to safeguard


public health by promoting breastfeeding and ensuring that breast-milk substitutes are
marketed responsibly and ethically in Banglad

The tobacco goods marketing act 1988

The Tobacco Goods Marketing Act of 1988, also known as the Selling of Tobacco (and
Similar Goods) (Control) Act, aimed to regulate the marketing and sale of tobacco products
in Bangladesh.

Here are some key points regarding this act based on the search results:

Short Title and Commencement: The act may be referred to as the Selling o Tobacco (and
Similar Goods) (Control) Act, 1988, and it came into force upon enactment.

Control of Marketing: The act focuses on controlling the marketing of tobacco and allied
materials to ensure responsible advertising and promotion practices.

Comprehensive Marketing Restrictions: The act emphasizes comprehensive marketing


restrictions that include bans on all forms of promotion, elimination of packaging and price as
marketing tools, and limitations on the quantity of tobacco products marketed.

Impact on Smoking: The act acknowledges the causal role of marketing in the tobacco
epidemic and aims to restrict marketing practices to reduce smoking rates among adults and
adolescents.

Global Ban on Promotion: Comprehensive marketing restrictions under this act require a
global ban on all forms of promotion related to tobacco products to address the global
tobacco epidemic effectively.

The Tobacco Goods Marketing Act of 1988 in Bangladesh reflects efforts to regulate the
marketing and sale of tobacco products to protect public health by reducing smoking rates
and promoting responsible advertising practices.
The special power Act 1974

The Special Powers Act, 1974 is a law in Bangladesh that allows the government to detain
people indefinitely without charging them with anything. It was passed in 1974 to replace the
repealed Security Act of Pakistan, 1952, the Public Safety Ordinance of 1958, and the
Bangladesh Scheduled Offences (Special Tribunal) Order of 1972.The government can detain
individuals on preventive grounds, and they can be up to six months without being charged
and indefinitely if endorsed by the advisory board.

The act was promulgated on February 9, 1974, and aims to address political exigencies and
maintain law and order in the country.

Key provisions of the Special Powers Act, 1974, include:

Preventive Detention: The act allows the government to detain individuals on preventive
grounds without charging them with anything.

Special Tribunals: The act establishes Special Tribunals to try certain offenses, including
those related to hoarding, counterfeiting currency notes, adulteration of food, and other
offenses listed in the schedule of the act.

Penalties: The act imposes penalties for offenses such as hoarding, counterfeiting currency
notes, adulteration of food, and other offenses listed in the schedule.

Offenses to be cognizable and Non-Boilable: The act declares certain offenses to be


cognizable and non-boilable.

Bar on Jurisdiction of Courts: The act bars the jurisdiction of courts in certain cases.
The Special Powers Act, 1974, has been criticized for its draconian nature and has been used
by governments to harass political opponents. Despite some amendments, the act remains in
force, and its use has been a subject of debate and criticism in Bangladesh.

Current Status:

 The Special Powers Act, 1974, remains in effect in Bangladesh.

The dangerous drug act 1930

The Dangerous Drugs Act, 1930, although not directly applicable in Bangladesh today, holds
significant historical importance and has shaped the country's current drug control legislation.
Origin and Scope:

 Enactment: Originating in British India in 1930, the Act was designed to regulate the
import, export, manufacture, possession, and sale of specific drugs recognized as
dangerous due to their potential for addiction and abuse.
 Focus: While primarily concentrating on controlling opium and cocaine, the Act also
encompassed other narcotics.

Relevance to Bangladesh:

 Historical Significance: Bangladesh, as part of British India until 1971, inherited the
provisions of the Dangerous Drugs Act, 1930.
 Foundation for Later Legislation: The Act laid the groundwork for subsequent
Bangladeshi legislation focused on drug control.
 Superseded by Newer Laws: While the Act itself is no longer the primary legislation
governing dangerous drugs in Bangladesh, its historical influence remains.

Current Legislation in Bangladesh:

 The Drugs (Control) Ordinance, 1982: This ordinance introduced a more


comprehensive system for regulating various drugs, including narcotics, psychotropic
substances, and essential medicines.
 The Safe Food Act, 2013: This act incorporates provisions to ensure drug safety
alongside regulations for food safety.

Key Takeaways:

 The Dangerous Drugs Act, 1930, marks a historical starting point for drug control in
Bangladesh.
 While not directly applicable today, its principles have significantly influenced the
development of current Bangladeshi drug control legislation.

The trademark act 1980

The Trade Marks Act of 1940 in Bangladesh has played a pivotal role in governing the
registration and protection of trademarks within the country. This legislation, enacted in
1940, is still applicable today and serves as the legal framework for trademark-related
matters.

Below are some key points highlighting various aspects of the Act:

1. Purpose: The primary objective of the Trade Marks Act is to establish a


comprehensive system for the registration and safeguarding of trademarks.
Trademarks, in this context, encompass symbols, words, or designs that serve to
distinguish the origin of goods or services.
2. Registration: The Act outlines a systematic procedure for individuals and businesses
to register their trademarks with the relevant government authorities. Registration
provides the trademark owner with exclusive rights to utilize the trademark in
connection with the specific goods or services specified during the registration
process.
3. Requirements for Registration: For eligibility, a trademark must possess
distinctiveness and should not be in violation of legal or moral standards. The Act
specifies certain types of trademarks that cannot be registered, including generic
names or geographical indications.
4. Content of the Act: The Trade Marks Act is structured into eleven chapters, each
addressing different facets of trademark law. These chapters cover:
o Definitions of key terms relevant to trademark law.
o Conditions that must be met for successful registration.
o Procedures governing the registration process and mechanisms for opposition.
o Effects of obtaining registration, including the rights conferred upon the
trademark owner.
o Guidelines for the assignment and transmission of trademarks from one entity
to another.
o Provisions detailing offenses and penalties associated with trademark
infringement.

The standard of weight of measures ordinance 1982

The Standards of Weights and Measures Ordinance of 1982 was enacted to establish
standards of weights and measures based on the metric system and units of measurement in
Bangladesh. This ordinance aimed to provide a legal framework for ensuring uniformity and
accuracy in weights, measures, weighing instruments, and measuring instruments used in
trade and commerce. It outlined provisions for the establishment of standard units, national
prototypes of primary units, conversion of existing weights and measures into standard
measures, appointment of inspectors, verification and stamping procedures, licensing
requirements for manufacturers, and penalties for contraventions such as the use of non-
standard weights or measures.

Key provisions of the Standards of Weights and Measures Ordinance, 1982


include:

 Establishment of standard units based on the System International


 Custody of national prototypes of primary units and secondary units of measures
 Conversion of existing weights and measures into standard measures
 Appointment and powers of inspectors
 Verification, stamping, inspection, and adjustment procedures for weights and
measures
 Prohibition of non-standard weights or measures in trade and commerce
 Penalties for contraventions related to the use of non-standard weights or measures,
manufacturing without a license, counterfeiting seals, giving false information, among
others.

This ordinance plays a crucial role in ensuring fairness, accuracy, and transparency in
commercial transactions by regulating the use of standardized weights and measures across
various sectors in Bangladesh.

Contemporary Relevance: The Standards of Weights and Measures Ordinance of 1982


remains in effect today and continues to be a vital tool in promoting fair trade practices and
protecting consumers in Bangladesh.

The food grain supply ordinance 1956

The Food Grain Supply (Prevention of Prejudicial Activity) legal framework in Bangladesh
comprises the Food Grain Supply (Prevention of Prejudicial Activity) Ordinance of 1956,
subsequent amendments like the Food grains Supply (Prevention of Prejudicial Activity)
Ordinance of 1979, and the more recent Food Grains Supply (Prevention of Prejudicial
Activity) Act of 2023. These legislative measures collectively aim to regulate and prevent
detrimental activities associated with the storage, movement, transshipment, supply, and
distribution of food grains.

Key Objectives and Functions:

1. Regulation of Food Industry: The laws are designed to regulate the food industry,
ensuring fair practices and preventing activities that could harm the interests of
consumers or disrupt the stability of the food market.
2. Prevention of Illegal Hoarding: A crucial aspect is the prevention of illegal
hoarding, which can lead to food shortages or price manipulation. The legislation
seeks to deter such practices that may adversely affect food security.

Recent Legal Developments: The Food Grains Supply (Prevention of Prejudicial Activities)
Act of 2023 introduces significant amendments, including the proposal for life imprisonment
for individuals involved in food hoarding. This underscores the government's commitment to
strengthening measures against activities that could negatively impact food security.

Stricter Penalties and Enhanced Regulations: By imposing stricter penalties and


enhancing regulations, these laws intend to:

 Promote transparency in the food sector.


 Combat illegal practices related to food grain supplies.
 Protect consumers from potential harm caused by unfair or prejudicial activities.

Ensuring a Well-Regulated Food Supply Chain: In essence, the primary objective of the
Food Grain Supply Ordinances in Bangladesh is to maintain a well-regulated food supply
chain. The legal framework is designed to deter activities that could disrupt food availability.

The panel code act 1860

The Penal Code, 1860: Cornerstone of Bangladesh's Legal Framework

Enactment and Applicability: Originally established during British rule in India in 1860,
the Indian Penal Code (IPC) remains a foundational legal document in Bangladesh. While it
applies nationwide, certain modifications have been incorporated to align with Bangladesh's
unique legal context.

Purpose: The primary purpose of the IPC is to define criminal offenses, prescribe
punishments, and establish fundamental principles that govern criminal law in Bangladesh. It
serves as a comprehensive guide for the legal system to maintain order, ensure justice, and
protect the rights of individuals.

Content: Organized into 23 chapters, the IPC covers various aspects of criminal law,
including:

 General Provisions: Definitions, application of the Code, punishments, and abetment


of offenses.
 Offenses Against the State: Addressing crimes such as treason, sedition, and waging
war against the government.
 Offenses Relating to the Public: Encompassing offenses related to public order,
safety, and morality, including rioting, assault, and public nuisance.
 Offenses Affecting the Human Body: Covering crimes like murder, culpable
homicide, and assault.
 Offenses Relating to Religion: Covering offenses like sacrilege and disturbing
religious assemblies.

Significance:

1. Foundation of the Criminal Justice System: The IPC stands as the bedrock of
Bangladesh's criminal justice system, providing the necessary legal framework for defining,
prosecuting, and punishing criminal offenses. Its existence ensures the orderly functioning of
the legal apparatus.

The Bangladesh standards and testing institute ordinance 1985

The Bangladesh Standards and Testing Institution Ordinance of 1985, also known as
Ordinance No. XXXVII of 1985, was established to create an Institution for standardization,
testing, metrology, quality control, grading, and marking of goods.

This ordinance aimed to set up Bangladesh Standards of quality and dimensions, promote the
adoption of standards on commodities, structures, practices, and operations, and ensure
compliance with these standards by producers and users. The functions of the Institution
include formulating and issuing Bangladesh Standards for products and services within the
country, certifying the quality of commodities and materials, providing testing facilities for
examination and inspection of commodities, and coordinating efforts for the improvement of
materials and products. The Institution also plays a crucial role in promoting quality
assurance activities, rendering testing facilities for services and products, preparing national
standards, introducing the international unit system of weights and measures, and creating
awareness among different bodies for the adoption of key ISO standards.

Key Points of the Ordinance:

1. Standardization:
o Purpose: Develop and promote national standards for diverse products and
processes.
2. Testing Services:
o Purpose: Provide testing services to ensure compliance with established
national standards.
3. Quality Control:
o Purpose: Encourage and implement quality control measures for enhanced
product quality.
4. Grading and Marking:
o Purpose: Assign grades and marks based on adherence to national standards,
informing consumers about product quality.

The sale of goods act in 1930

The Sale of Goods Act, 1930 (Act No. III of 1930), is a fundamental piece of legislation in
Bangladesh that governs the sale of goods. It provides a comprehensive legal framework for
various aspects related to the sale of goods, encompassing the formation of contracts, rights
and obligations of parties, transfer of ownership, and the performance of contracts.

Formation of Contracts: The Act delineates the legal framework for forming contracts for
the sale of goods. It includes crucial elements such as offer, acceptance, and consideration.

Rights and Obligations: The rights and obligations of both buyers and sellers are clearly
defined in the Act. It outlines implied conditions and warranties associated with the sale,
including the seller's right to sell the goods and the guarantee that the goods are free from
encumbrances.

Transfer of Ownership: The Act specifies the process and conditions under which
ownership of goods is transferred from the seller to the buyer. Factors such as the intention of
the parties, delivery of goods, and payment of the price.

Key Aspects of the Sale of Goods Act, 1930:


1. Definition of a Contract of Sale: The Act clearly defines a contract of sale as a
transaction where the seller transfers or agrees to transfer the ownership of goods to
the buyer for a specified price.
2. Implied Conditions and Warranties: The Act outlines several implied conditions
and warranties that automatically apply to contracts of sale unless expressly excluded
or modified by the involved parties. These include the seller's right to sell the goods,
the buyer's right to quiet possession.
3. Passing of Ownership: Rules for determining the passing of ownership are
established in the Act. Considerations include the intention of the parties, delivery of
the goods, and payment of the price.
4. Remedies for Breach of Contract: The Act provides a framework for remedies
available to both buyers and sellers in case of a breach of contract. Options include
claiming damages, rejecting goods, or canceling the contract.

Consumer rights protection act 2009

The Consumer Rights Protection Act, 2009, was enacted in Bangladesh to protect the rights
of consumers, prevent anti-consumer rights practices, and address other consumer-related
malicious practices. This Act aims to ensure that consumers are not subjected to unfair
practices, such as selling or offering to sell medicine, food, or other products at a higher price
than stated, or engaging in practices that may endanger the life or security of the consumer,
which is prohibited by any Act or rules.

There are eight consumer rights which are defined by the UN Consumer Bill of Rights. These
are as follows:

 Right to Safety: Safeguarding against the goods that are hazardous to life and
property.
 Right to Information: Consumers have the right to be informed regarding the price,
quality, quantity, etc., of the products they buy.
 Right to Choice: Consumers should be provided with a wide variety of good to
choose from.
 Right to be Heard: Right of consumers to have their complaints heard.
 Right to Satisfaction of Basic Needs: This right demands that people have access to
basic, essential goods and services: adequate food, clothing, shelter, health care,
education, public utilities, water and sanitation.
 Right to Redress: Consumers have the right to seek redress regarding their
complaints.
 Right to Consumer Education: The right of consumers to be educated about their
rights.
 Right to Healthy Environment: This is the right to live and work in an environment
that is non-threatening to the well-being of present and future generations.

In short, anti- consumer rights practices mean all the activities which deprive a citizen of

exercising his rights as a consumer.

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