SRI LANKA STANDARDS INSTITUTION ACT

Arrangement of Sections

PART I

ESTABLISHMENT, OBJECTS AND POWERS or THE SRI LANKA STANDARDS INSTITUTION

1. Short title.

2. Establishment of the Sri Lanka Standards Institution.

3. Objects of the Institution.

4. Powers of the Institution.

5. General or special directions from the Minister.

6. Vesting of the powers, duties and functions of the Institution in the Council and constitution of the Council.

7. The Chairman of the Council.

8. Disqualification from being a Council member.

9. Term of council members.

10. Removal of member of Council other than the Vice Chairman.

11. Eligibility of re-appointment.

12. Remuneration of members.

13. Meetings of the Council.

14. Seal.

15. Delegation of powers and duties of the Council.

16. Establishment of committees.

PART II

CERTIFICATION MARKS

17. Certification marks.

18. Prohibition of registration of marks identical with certification marks as trademarks.

19. Certification marks not to be applied to commodities or products unless authorised by permits, and otherwise than in accordance with this section.

20. Power of Minister by Order to declare compulsory certification marks.

21. Notice of intention to make an Order under section 20.

22. Appeals.

23. Sale of a commodity or product to which section 20 applies prohibited except under a permit and unless the commodity or product complies with the specification.

24. Issue of permits.

PART III

STAFF OF THE INSTITUTION

25. Appointment of Director-General of the Institution.

26. Appointment of other officers and servants of the Institution.

27. Power of the Council to exercise disciplinary control over officers and servants of the Institution.

28. Delegation of powers of the Council.

29. Appointment of inspectors.

30. Powers of inspectors.

31. Pension scheme for the staff of the Institution.

PART IV

FINANCE AND ACCOUNTS OF THE INSTITUTION

32. Accumulated Fund.

33. Revenue and the running expenses of the Institution.

34. Budget of the Institution.

35. Charging fees for services rendered and disposal of income derived therefrom.

36. Donations and contributions made to the Institution.

37. Financial year find the audit of accounts.

PART V

GENERAL

38. Protection of Council and members thereof.

39. Secrecy.

40. Rights in discoveries, inventions and improvements made by any member of the staff of the Institution to vest in the Institution.

41. State property to be made available to the Institution.

42. Exemption from taxes and duties.

43. The use by any person carrying on any activity, business, trade or occupation of certain words.

44. Duty of persona to whom permits have been issued to transmit samples of commodities or products or furnish information relating to commodities or pro ducts whenever required to do so.

45. Offences.

46. Penalties.

47. Offences by bodies of persons.

48. Regulations.

49. Repeal and savings.

50. Interpretation.

6 of 1984.

AN ACT to provide for the establishment of the Sri Lanka Standards Institution, to repeal the bureau of Ceylon standards Act, No. 38 of 1964, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 27th January, 1984]

1. Short title.

This Act may be cited as the Sri Lanka Standards Institution Act.

PART I

ESTABLISHMENT, OBJECTS AND POWERS or THE SRI LANKA STANDARDS INSTITUTION

2. Establishment of the Sri Lanka Standards Institution.

(1) There shall be established an Institution which shall be called the Sri Lanka Standards Institution (hereinafter referred to as "the Institution”).

(2) The Institution shall by the name assigned to it by subsection (1) be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

3. Objects of the Institution.

The general objects of the Institution shall be—

(a) to prepare standards on national and international basis relating to structures, commodities, products, materials practices, and operations and from time to time revise, alter and amend the same and promote the general adoption of such standards;

(b) to promote standardisation and quality control in industry and commerce;

(c) to establish and maintain laboratories, libraries and provide relevant facilities for the purpose of furthering the practice of standardisation and quality control;

(d) to make arrangements or provide facilities for the examination and testing of products, commodities and materials, including food and drugs, locally manufactured or imported, in order to determine whether they comply with the Code of Intellectual Property Act, No. 52 of 1979, or any other written law dealing with standards of quality or otherwise, as well as the examination of processes and practices used in the manufacture of locally produced products, commodities and materials;

(e) to make arrangements or provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, and for the issue of certificates in regard thereto so as to comply with the required standards;

(f) to provide or arrange facilities for undertaking research in connection with standardisation and quality control;

(g) to operate a certification marks scheme in accordance with the relevant provisions of this Act;

(h) to certify the quality of commodities, materials, produce products and other things whether for local consumption or export;

(i) to encourage and promote standardisation and quality control by educational, consultancy and other means;

(j) to provide for co-operation with any person, association or organisation outside Sri Lanka, having objects similar to those for which the Institution is established;

(k) to co-ordinate the efforts of producers and users for the improvement of commodities, materials, products, appliances, processes and methods.

4. Powers of the Institution.

The Institution shall have and may exercise all or any of the following powers—

(a) to acquire in any manner whatsoever and to hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) to apply for, purchase, receive by assignment or otherwise acquire in accordance with the laws for the time being applicable in that behalf any patents, brevets, inventions, concessions, licences and the like, conferring exclusive, non-exclusive, or limited rights to use information as to any invention or discovery, and to develop, use, exercise, assign, transfer, sell, grant licences in respect of, or otherwise turn to account, the property, rights and information so acquired;

(c) to undertake to execute any trusts, or any agency business which may seem to the Institution conducive to the attainment of its objects;

(d) with the permission of the owners to utilise the services of laboratories other than those maintained by the Institution and approve such laboratories, for the purpose of the Institution;

(e) to invest any moneys of the Institution not immediately required for any of its objects in such manner as may, from time to time be determined by the Council;

(f) to charge such fees for any services rendered, as may be determined by the Council; and

(g) to do all such things as are necessary for, or incidental, or conductive to, the attainment of the objects of the Institution or, necessary for or incidental to the performance of any functions or the exercise of any powers of the Institution or which are calculated directly or indirectly to enhance the value of, or render profitable, any of the property or rights of the Institution.

5. General or special directions from the Minister.

(1) In the exercise of its powers and the carrying out of its duties, the Council shall be subject to and act in accordance with such general or special directions as the Minister may, from time to time issue in that behalf.

(2) The Minister may from time to time, order all or any of the activities of the Institution to be investigated and reported upon by such person or persons as he may specify, and upon any such order being made, the Council shall afford all facilities, and shall furnish the information, as may be necessary to carry out such order.

6. Vesting of the powers, duties and functions of the Institution in the Council and constitution of the Council.

(1) The powers, duties and functions of the Institution shall be vested in the Council which shall consist of eleven members appointed by the Minister of whom—

(a) three members shall be from amongst persons each of whom has distinguished himself in science, trade, industry or administration or otherwise specially qualified in relation to some aspect of the work of the Institution;

(b) one member shall be a person from amongst the officers of the General Treasury in consultation with the Minister in charge of the subject of Finance;

(c) one member shall be a person from amongst the officers of the Natural Resources, Energy and Science, Authority of Sri Lanka established by the Natural Resources, Energy and Science Authority of Sri Lanka Act, No. 78 of 1981, in consultation with the Minister in charge of the subject of that Act;

(d) one member shall be a person from amongst the officers of the Ministry of the Minister, or a Department or a statutory body coming within the purview of such Ministry;

(e) one member shall be a person from amongst the officers of the Ministry of the Minister in charge of the subject of Trade or a Department or statutory body under the purview of such Ministry, in consultation with that Minister;

(f) one member shall be a person from a panel of three persons to be submitted by the Institution of Engineers, Sri Lanka;

(g) one member shall be a person from a panel of three persons to be submitted by the Sri Lanka Association for the Advancement of Science;

(h) one member shall be a person from a panel of three persons to be submitted by the Federation of Chamber of Commerce and Industry; and

(i) one shall be the person for the time being holding office of Director-General of the Institution.

(2) Where a member is, by reason of illness, absence from Sri Lanka, or for any other cause, temporarily unable to perform the duties of his office, for a period exceeding three months, the Minister may, on the recommendation of the Chairman appoint some other person to act in his place, during such period in accordance with subsection (1).

7. The Chairman of the Council.

(1) The Minister shall appoint one of the members of the Council, other than the Director-General as Chairman of the Council.

(2) The Director-General of the Institution shall be the Vice-Chairman of the Council. The Vice-Chairman shall perform the duties of the Chairman in his absence, or when there is a vacancy in the office of the Chairman.

8. Disqualification from being a Council member.

A person shall be disqualified from being appointed or continuing to be a member of the Council if, having been adjudged an insolvent or a bankrupt, he has not been granted by a competent court, a certificate to the effect that his insolvency or bankruptcy has arisen wholly or partly by unavoidable losses or misfortune.

9. Term of council members.

Every member of the Council, other than the Vice- Chairman shall, unless he earlier resigns or vacates his office by death, resignation or removal, hold office for a period of three years:

Provided that a member of the Council appointed in' place of a member who dies, or resigns or is removed from membership, shall hold office for the unexpired part of the term of office of the member whom he succeeds.

10. Removal of member of Council other than the Vice Chairman.

(1) The Minister may if he thinks it expedient to do so, by Order published in the Gazette, remove any member from office other than the Vice-Chairman without assigning any reason therefor and such removal shall not be called in question in any court:

Provided however that where any member is appointed in consultation with any Minister or authority, such member shall not be removed under this section except in consultation with such Minister or authority.

11. Eligibility of re-appointment.

A member, other than the Vice-Chairman, who vacates office by effluxion of time shall be eligible for re-appointment.

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