The cabinet yesterday approved the draft of Formalin Control Act, 2014 reducing the maximum punishment to a life-term imprisonment from capital punishment, proposed earlier, for violation of the law.
The highest punishment would be given for producing, selling, buying, possessing and carrying formalin without having any license from the government authorities concerned.
The chemicals that are known as formalin, formaldehyde and para-formaldehyde or any solution of any limit of formalin would be considered as formalin under the proposed law. Producing, selling, buying, possessing and carrying such chemicals without having licence would be considered as offence.
The regular cabinet meeting approved the proposed law with Prime Minister Sheikh Hasina in the chair.
Briefing reporters after the meeting, Cabinet Secretary M Musharraf Hossain Bhuiyan said the act might be placed in the current session of parliament for passage.
The law would come into effect when the Commerce Ministry formulates rules and regulations regarding this. Until then, anti-formalin drives would be conducted under mobile courts in line with the existing system to control the misuse of formalin, the cabinet secretary said.
The law would be enforced under the jurisdiction of mobile court or civil courts. If a mobile court thinks the trial of any case is beyond its jurisdiction, they would refer the case to the court concerned, he said.
The government will also form formalin control committees in all district- and upazila-levels across the country.
The DMP on June 11 launched a massive anti-formalin drive in the capital, armed with electronic device Formaldehyde Meter Z-300. However, the initiative faces huge criticisms since the tool is termed “unscientific.” Many experts say it is basically made to test the concentration level of formaldehyde in the air.
“The objective of the proposed law is not banning the use of formalin since it is widely used by industries as preservatives. The law will only control the misuse of formalin by issuing license for the users,” Musharraf said.
According to the proposed law, the misuse of formalin without having license is a non-bailable and non-mutable offense.
The law proposes a provision of two to seven years’ in prison and Tk2-5 lakh as penalty for violation of the provisions regarding licensing, possessing or selling formalin. For possessing the equipment to produce formalin without having any license, an offender would be sentenced to two to 10 years’ jail and fined Tk5-20 lakh.
Earlier, the ministry proposed to keep the provision of capital punishment as the highest punishment. But, it was later changed due to extreme pressure by the trade leaders.
A minister who attended the meeting told the Dhaka Tribune that the government wanted to control the use of the chemical without creating any obstruction for the actual users.
“The limits of using the chemical [Formalin] must be fixed. The scientists or chemists can do that. We will set the limit of using the chemical after consulting the experts,” the minister said.