Full text · showing key sections
2 Unless there is anything contrary to the subject or context, in this Act,—
(a) “offence” means an offense punishable under this Act;
(b) “acid” means any form of sulfuric acid, hydrochloric acid, nitric acid, phosphoric acid, including concentrated, liquid or mixture;
1
[***] Caustic potash, carbolic acid, battery fluid (acid), chromic acid and aqua-regia, and other corrosive substances prescribed by the government;
(c) “person affected by acid” means a person physically affected by acid as a result of throwing acid or otherwise;
(d) “Physician” means
Medical and Dental Council Act, 1980
registered medical practitioner as defined in clause (m) of section 2 of (Act XVI of 1980);
(e) "Deputy Commissioner" shall include an officer empowered by the Deputy Commissioner;
(f) “Council Fund” means the National Acid Control Council Fund constituted under section 10;
(g) “Council” means the National Acid Control Council constituted under section 4;
(h) “rules” means rules made under this Act;
(j) “person” shall include a company, association, partnership, statutory or other body;
(j) “license” means a license granted by the Government under this Act;
(k) “licensing authority” means the Government and shall also include the officer mentioned in section 16; And
(l) "place" means any building, structure, vehicle, whether stationary or moving, and shall include business establishments, industrial establishments, airports, seaports, post offices and exit check-posts;
3 Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act and the rules made thereunder shall remain in force.
1
[4. Establishment of National Acid Control Council. (1) To carry out the purposes of this Act,
There will be a council called National Acid Control Council.
The co-chairman will also be;
A prominent businessman as representative of industries;
Distinguished journalist;
A Professor or Associate Professor in the Department of Biochemistry or Pharmacy;
A research scientist;
An experienced physician in the unit;
Two representatives, one of whom shall be a woman.
shall hold membership for a period of two years from the date; Provided, however, that
The government can cancel his nomination at any time.
can co-opt as
You can do it.]
5 The duties and responsibilities of the Council shall be as follows, namely:-
(a) make recommendations regarding the regulation of manufacture, transportation, storage, sale and use of acid and the regulation of imports;
(b) to formulate and implement necessary policies to prevent possible harmful reactions caused by acid and misuse of acid;
(c) to formulate policies for the treatment, rehabilitation and provision of legal assistance to persons affected by acid and to take measures for their implementation and monitoring;
(d) undertaking necessary educational and promotional activities to make the public aware of the evils and dangers of acid abuse;
(e) conduct any research or survey to collect any information relating to acid use and abuse;
(f) Liaising with all relevant ministries and agencies on acid related matters and coordinating all related activities;
(g) formulation of sound waste management policies for control of possible damage caused by acid or mixture of acids released as waste in the production process of industrial establishments and taking measures for their implementation and monitoring; And
(h) To take any other measures necessary for the discharge of the aforesaid duties and responsibilities
6 (1) Subject to the other provisions of this section, the Council may determine the procedure for its meetings.
Provided thatat least one meeting of the Council shall be held in every three months
1
[7. (1) There shall be one committee in each district called District Committee of National Acid Control Council.
(a) the Deputy Commissioner, who shall also be its Chairman;
(b) Superintendent of Police;
(c) Civil Surgeon;
(d) the elected Mayor of the District Headquarter Municipality, or alternatively, a councilor nominated by the Mayor in the case of a City Corporation;
(e) one woman Vice-Chairman of Upazila Parishads nominated by the Government;
(f) Special Public Prosecutor/Public Prosecutor for Acid Matters;
(g) District Social Service Officer;
(h) District Women Affairs Officer;
(j) a police officer not below the rank of Assistant Superintendent of Police nominated by the Superintendent of Police, who shall also be its Member-Secretary;
(j) President, District Women's Association;
(k) two representatives from among tanners, jewelers and other acid users nominated by the Deputy Commissioner;
(l) a distinguished journalist as representative of the District Press Club nominated by the Deputy Commissioner; 7568 Bangladesh Gazette, Additional, July 19, 2010
(d) a prominent businessman as representative of the District Chamber of Commerce and Industries nominated by the Deputy Commissioner;
(d) Two representatives of such non-governmental organizations operating in the district nominated by the Deputy Commissioner, one of whom must be a woman.
Provided thatthe Deputy Commissioner may at any time cancel his nomination.
8 The responsibilities and duties of the District Committee shall be as follows, namely:-
(a) Implementation of the policies laid down by the Council regarding the control of production, transportation, storage, sale and use of acid;
(b) to implement and implement policies laid down by the Council for the prevention of potentially harmful reactions caused by acid and the misuse of acid;
(c) to implement policies laid down by the Council regarding the treatment, rehabilitation and provision of legal assistance to persons affected by acid and to take measures to implement and monitor the same;
(d) undertaking necessary educational and promotional activities to make the public aware of the evils and dangers of acid abuse;
(e) conduct any research or survey to collect any information relating to acid use and abuse;
(f) Liaising with all departments and organizations concerned with acid matters and coordinating all related activities;
(g) to implement the policies laid down by the Council on sound waste management for the control of potential damage caused by acid or acid mixtures emitted as waste in the production process of industrial establishments and to take measures for their implementation and monitoring; And
(h) take any measures for the performance of the above-mentioned duties and responsibilities assigned by the Council.
9 (1) The District Committee may determine the procedure of its meetings
Provided thatat least one meeting of the District Committee shall be held every two months
10 (1) The Council shall have a separate fund called “National Acid Control Council Fund” for the purpose of raising public awareness about the evils and dangers of acid abuse and for raising funds for the treatment, rehabilitation and legal assistance of acid victims.
(a) Grants made by Government;
(b) grants made by any foreign government or organization or any international organization with the approval of the Government;
(c) grants made by any local authority;
(d) donations made by any institution or person; And
(e) Money received from any other source
1
[(4) The Government shall administer the fund and shall maintain the fund and spend its money in such manner and form as may be prescribed by rules.]
1
Money allocated by the [Government], grants made by any person or organization and money received from any other source shall be deposited
12 (1) The Council and the District Committee shall keep proper accounts of its funds and prepare annual statements of accounts.
13 (1) The Government may establish one or more rehabilitation centers for persons affected by acid
14 If the Upazila Nirbahi Officer or the Deputy Commissioner or any officer empowered by him for this purpose comes to know that any person has been affected by acid and requires immediate treatment to bring him back to normal life, then the Deputy Commissioner or the said officer may recommend in writing to the District Committee to treat the affected person.
15 (1) If any person is affected by acid, he or any other person on his behalf can apply to the district committee for legal aid.
16 (1) The Government shall be the licensing authority for the purpose of controlling the import and manufacture of acid
17 Notwithstanding anything contained in this Act, no person shall be eligible to obtain or renew a license under this Act, if—
(a) he is convicted of an offense punishable under this Act and sentenced to imprisonment for any term and five years have not elapsed after his release, or has been sentenced to a fine exceeding fifty thousand rupees and five years has not elapsed after the recovery of the fine;
(b) he violates any condition of a license granted under this Act and the said license is therefore cancelled
18 If the officer empowered for this purpose by the Government is satisfied that it is necessary to temporarily stop the movement of any acid-selling shop or transport vehicle, he may, by written order, order the closure of the said shop or vehicle for a period not exceeding fifteen days.
19 (1) If any person violates any condition of the license granted to him or is convicted for any offense under this Act or for any offense cognizable under any other law, the Licensing Authority may cancel his license after giving him an opportunity to show cause.
20 If it appears to the Licensing Authority that any condition of the License is not being duly observed by any Licensee or its conditions are being violated, the said Authority may, by order in writing, subject to taking other measures under this Act, temporarily suspend the licence.
21 The Licensing Authority or any officer generally or specially empowered by him for this purpose, subject to the provisions of this Act and the rules made thereunder—
(a) enter and inspect at any time any place where any acid is or is being prepared or stored;
(b) enter and inspect, during the normal hours of shop opening, any shop where the prepared or collected acid is kept for sale; And
(c) at the place or shop mentioned in clauses (a) and (b)—
(b) inspect the books of accounts, registers and other documents kept;
(a) to determine the weight and quantity of equipment, equipment and materials for the preparation of acid and acid-like products obtained; And
(e) Detain any goods received, measuring instruments or testing instruments found or deemed to be defective during testing.
22 Every licensee shall preserve all information relating to acid ie production, importation, transportation, storage, sale, consumption, purchase, etc., as the case may be, in the manner prescribed by the rules and shall forthwith show the same to the officer designated by the Licensing Authority.
23 The Government may, by notification in the Official Gazette, confer on the Licensing Authority or any officer designated by the Authority similar powers to an officer-in-charge of a police station to investigate offenses under this Act.
24 (1) If any officer empowered by the Government under this Act has reason to believe that-
(a) any person commits any offense under this Act;
(b) any document, document or article of any kind necessary for the proof of any offense under this Act is kept in any place or with any person;
If so, he may, recording reasons for such belief, issue a warrant for the arrest of such person or for the search of such place at any time by day or night.
25 (1) If any officer or Inspector of Police or any other officer empowered for this purpose by the Government, generally or specially, has reason to believe that any offense under this Act has been committed or is being committed or is likely to be committed at any place, he shall at any time record the reasons for such belief—
(a) may enter and search the said place and, if the entry is obstructed, may take any necessary measures, including breaking the doors and windows, to remove the obstruction;
(b) may seize acid or other substances used in the commission of crime found during the search of the said place, objects to be detained or confiscated under this Act and any documents or articles helpful in proving the crime;
(c) search the body of any person present at the said place;
(d) Any person present at the said place may be arrested if suspected of having committed or committing any offense under this Act.
26 If any person is arrested or any thing seized under this Act, the arresting or detaining officer shall forthwith inform his superior by a written report thereof and shall forward a copy of the report to the Licensing Authority of the area concerned.
27 If any officer referred to in section 24 has reason to believe that in any public place or in any moving vehicle—
(a) any acid or any thing liable to confiscation in contravention of this Act or any document in support of the proof of any offense under this Act is preserved, he may, after recording his reason for believing the same, search and seize the said acid, thing or document relating thereto;
(b) any person committing or intending to commit an offense under this Act, may, after recording reasons for believing the same, detain and search him and arrest him if any acid or similar substance or document mentioned in clause (a) is found in his possession.
28 Except as otherwise provided in this Act, all warrants issued under this Act and all searches, arrests and detentions
Code of Criminal Procedure, 1898
(Act V of 1898) shall be followed
29 The officers mentioned in section 24 shall be bound to give each other all kind of help and co-operation when required to enforce any provision of this Act.
30 The investigation authority of any crime under this Act shall, with the approval of the Deputy Commissioner, transfer the investigation to any officer specified by the Authority and the officer to whom the said investigation is transferred may, if necessary, conduct the investigation from the beginning or from the stage at which it has been transferred and may take appropriate measures at the end of the investigation.
31 (1) If any person is arrested or any object seized under this Act, the said person or seized object shall be handed over to the officer-in-charge of the nearest police station.
32 (1) If any offense under this Act is committed, the acid, equipment, machinery, equipment, container, container, wrapper, vehicle, or any other thing in connection with or in connection with which the said offense is committed shall be forfeitable.
33 (1) If, during the trial of any offense under this Act, the court comes to the conclusion that any thing seized is forfeitable under section 32, the court may order the forfeiture of the thing, whether or not the offense is proved.
Provided, however, that before such confiscation order is passed, a notice shall be issued in the manner prescribed by the rules to give an opportunity to raise objections thereto and within the period specified in the notice, which shall be fifteen days from the date of issue of the notice, reasonable opportunity of being heard shall be given to the objector.
(a) to the Deputy Commissioner if the order is given by the Upazila Nirbahi Officer; And
(b) if the order is passed by the Deputy Commissioner or the duly designated officer to the Government—
You can appeal
34 On passing the confiscation order of any goods liable to confiscation under this Act, the goods shall be handed over to an officer nominated by the Government and he shall make arrangements for its use, transfer or destruction or in any other manner for its disposal in the manner prescribed by law.
35 Offenses committed under this Act shall be cognizable, non-compoundable and non-bailable.
36 If any person manufactures, imports, transports, stores, sells or uses or keeps in possession any acid without complying with the provisions of this Act and the rules made under this Act, such person shall be liable to imprisonment for a term not exceeding ten years but not exceeding three years and shall be liable to a fine of fifty thousand rupees in addition.
37 If any such person, who is not licensed under this Act, is found in his possession or in any place occupied by him, any machinery, equipment or materials used in the production of acid, he shall be liable to imprisonment for a term not exceeding three years and not exceeding fifteen years, and shall also be liable to fine in addition.
38 If any person knowingly permits the use of any house, premises, land, vehicle, machinery or equipment owned or occupied by him for the commission of any offense under this Act, he shall be punishable with rigorous imprisonment for a term not exceeding five years and not more than one year, or with fine or with both.
39 If any person violates the conditions of any license granted under this Act, he shall be punishable with imprisonment for a term not exceeding five years and not exceeding one year, with rigorous imprisonment or with a fine not exceeding ten thousand taka or with both.
40 If any person files a suit against any other person in court for any offense under this Act and if on investigation or evidence it is proved that the allegation is false or vexatious, the complainant shall, for filing such false suit,
1
[Below seven years and other two years] shall be punished with rigorous imprisonment and additional fine.
41 If any person abets or assists any person in the commission of any offense under this Act, or enters into a conspiracy with any person, such person—
(a) if the offense is not committed, shall be punishable with imprisonment for a term not exceeding three years and not exceeding fifteen years and shall also be liable to fine in addition thereto; And
(b) If the offense is committed, he shall be liable to the same penalty as the principal offender
42 If a person commits the same offense again after being convicted and serving the sentence for any of the offenses mentioned in this Act, he shall be punished with double the maximum penalty for that offence.
43 (1) If any member of a family is affected by acid, then the head of that family or any other person shall inform the Upazila Nirbahi Officer or the Deputy Commissioner or the officer empowered by him for this purpose.
44 The monetary penalty provided under this Act shall be collected from the convicted person or from his existing assets, or in case of his death, to the heirs of the person who died due to the crime or, as the case may be, to the person who suffered physical or mental damage, or to his heirs in the case of the death of the person.
45 If the person who contravenes any provision under this Act is a company, the owner, director, manager, secretary or any other officer or agent of the said company shall be deemed to have contravened the provision, unless he can prove that the said contravention was committed without his knowledge or that he did his utmost to prevent the said contravention.
Explanation- In this section-
(a) "company" means any statutory public authority, commercial establishment and association or body, including shops;
(b) in the case of a commercial enterprise, "director" includes any partner or member of the board of directors thereof.
46 If a person is found in possession of or in any place under his possession or control any equipment or apparatus used in the preparation of acid or any article or material necessary for the preparation of acid, the court may presume that he has committed an offense under this Act, and the onus of proof shall be on the person concerned if it is claimed that such person has not committed the same.
47 (1) Any person affected by acid or his guardian or guardian or physician may apply in writing to the Upazila Nirbahi Officer for inclusion of his name in the list under sub-section (2) and in view of such application, the Upazila Nirbahi Officer may list the name of the concerned person.
48 (1) For the purposes of this Act, the Government may establish laboratories for the chemical examination of the type, quantity, degree of acid or any such substance and may appoint a chemical examiner for the same.
49 No civil or criminal suit or any other legal proceeding shall be taken against the Tajjani Government, Council, District Committee or any officer or person if any person is injured or is likely to be injured as a result of any act done in good faith while performing the duties under this Act.
50 Notwithstanding anything contained in any other law, a licensee shall not be entitled to claim any compensation or refund of any fee paid by him in consequence of any order passed by the Licensing Authority or any other authorized officer under this Act.