Singapore Institute of Standards and Industrial Research Act

the design, manufacture, construction, installation, operation or maintenance of products, instruments, plant or equipment; and(b)the design, administration or operation of any system of quality management or testing;“product” means any commodity, article or substance, artificial or natural or partly artificial or natural, or whether tangible or intangible, or whether raw or partly or wholly processed or manufactured, and includes any service;“quality control” means a process, carried out at any time, including inspection, tests, record keeping or otherwise, to ascertain whether or to ensure that a product satisfies any standard applicable to it;“quality management” includes the setting of quality objectives and quality control, organisation, delineation of responsibilities, training, control of documentation and management of rejects and complaints to achieve those quality objectives;“registering authority” means any authority competent under any written law to register a company, firm or other body of persons, or a trade mark or design, or to grant a patent;“Singapore Standard” means a standard published by the Institute as provided in section 10(a);“standard” means a code, definition, classification, specification or description of a product or process, as far as possible, by reference to its procedure, safety requirement, mode of manufacture, nature, material, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics or any combination of the same;“trade mark” has the same meaning as in the Trade Marks Act [Cap. 332].

the unincorporated body known as the Singapore Institute of Standards and Industrial Research being a department of the Board and operating under its control (referred to in this Act as the unincorporated body) shall cease to exist;

the Institute shall take over all the powers, duties and functions of the unincorporated body;

such lands, buildings and other property, movable or immovable, vested in or held by the Board as the Minister may determine shall be transferred to and vest in the Institute without further assurance and such transfer shall include all rights, privileges, obligations and liabilities held, enjoyed or incurred in connection therewith or appertaining thereto; and(d)all the rights, privileges, obligations and liabilities of the unincorporated body shall be transferred to and vest in the Institute without further assurance.[12

to promote the safety, quality and efficiency of products and processes in industry for local and international markets through standardisation, certification, quality management and the use of technology; and(b)to promote and undertake industrial research and development for the creation of new industries, the development of existing industries and the improvement and introduction of technical skills and technology in industry.[15

establish, accept or adopt and publish, from time to time, by notification in the Gazette, the Singapore Standard in relation to any product or process;

specify, by notification in the Gazette, Marks of the Institute for use in relation to any function of the Institute including the Singapore Quality Mark to certify the quality of products, the Good Manufacturing Practice Mark to certify quality management systems, the SISIR ISO 9000 Certification Mark to certify quality management systems to standards published by the International Organisation for Standardisation and the Singapore Laboratory Accreditation Scheme Mark to certify the testing capabilities of laboratories, and to control the use of such Marks;

provide for a scheme of quality control of specified export commodities, products and processes in the manner provided in section 12;

establish, administer and operate any other schemes of standardisation and certification of products or processes;

inspect, examine or test materials, products and processes with a view to evaluating their quality, serviceability and other characteristics and report thereon, and for this purpose to establish such laboratories and other facilities as the Institute may think fit, and to control the use of such reports;

establish a national standard of weights, measures and other quantities as may be specified by the Minister, hold custody and disseminate the measurement parameters of physical standards of such weights, measures and quantities, and verify and develop methods for the measurement of such weights, measures and other quantities;

develop, verify, calibrate, repair and service instruments and equipment and issue certificates to the effect that an instrument or equipment complies with the specifications applicable to it and to control the use of such certificates;

undertake industrial research and development to adapt, develop and apply technical services, products, materials and processes;

initiate and undertake or enter into contractual testing, consultancy, research and development projects with the clients of the Institute in pursuance of its functions under this Act;

undertake the training of the personnel of the Institute and of other bodies or organisations in the fields covered by this Act and to arrange for the training of the personnel of the Institute with other local or overseas bodies or organisations;

advise the Government and industrial, commercial and trading organisations on scientific and technical matters;

become a member or affiliate of any international body, the objects of which are similar to those of the Institute and to liaise with any national and international body having such objects;

develop and maintain a service to collect and disseminate by any convenient means (including the publication of reports, pamphlets, booklets, journals and other communication media) scientific, technical and other information concerning matters pertaining to this Act and any regulations made thereunder;

form or participate in the formation of a company or companies and enter into any joint venture or partnership for the purposes of this Act;

acquire any property or any interest therein or any easement over any immovable property, whether by way of purchase, lease, exchange or otherwise for the purposes of this Act;

with the approval of the Minister, sell, mortgage or dispose of any immovable property vested in the Institute;

prescribe and levy fees for the grant and renewal of licences under this Act;

prescribe and levy fees and charges for any of the purposes of this Act and any regulations made thereunder and recover any costs and expenses incurred as provided in such regulations;

exercise all functions and powers and perform all duties which, under any other written law, are or may be or become vested in the Institute or are delegated to the Institute; and(t)do all such matters and things as may be incidental to or consequential upon the exercise of its powers or the discharge of its duties under this Act or any regulations made thereunder.[15A

products or processes in respect of which a Mark or colourable imitation thereof is being used in contravention of this Act or any regulations made thereunder;

products or processes which a person claims conform to a Singapore Standard or any other standard when in fact they do not;

notified commodities purporting to bear the inspection sign of the Institute which were not affixed or applied in the manner provided in section 12(6); or(d)notified commodities which are about to be exported by a person without a certificate therefor as required under section 12(8).[19

all money appropriated by Parliament for the purposes of the Institute;

all money paid to the Institute for services rendered by it or for a practice or process developed by it;

all money derived by the Institute from the sale of its publications;

all money paid to the Institute by way of grants, subsidies, donations, gifts, fees, charges, rent, interests, dividends and royalties;

all money derived from the sale of any property belonging to or held by or on behalf of the Institute;

all other moneys and property lawfully received by the Institute for the purposes of the Institute; and(g)all accumulations of income derived from any such moneys or property.[23

register any company, firm or other body of persons which bears any name;

register a trade mark or design which bears any name or mark;

register a patent in respect of an invention which bears a title containing any name or mark,if the use of the name or mark is in contravention of section 27(1) or (2), or if the name or mark contains or consists of the words “Singapore Standard” or “other standard” or the expression “SISIR” or the name of the Institute in any form, or if the name or mark so nearly resembles any of the same as to deceive or be likely to deceive the public.[37

The Chairman, the Deputy Chairman and every other member of the Institute shall, unless their appointment is revoked under sub-paragraph (2) or they vacate their office during their term of office, hold office for a term of 3 years or such shorter period as the Minister may determine.(2) The Minister may, at any time, revoke the appointment of the Chairman or the Deputy Chairman or any member of the Institute without assigning any reason.Temporary Chairman or Deputy Chairman3. The Minister may appoint any member of the Institute to be a temporary Chairman or temporary Deputy Chairman during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairman or the Deputy Chairman, as the case may be.Vacation of office4. The office of a member of the Institute shall be vacated if the member —

becomes in any manner disqualified for membership of the Institute; or(b)resigns from his office.Filling of vacancies5. If a member of the Institute dies or has his appointment revoked or otherwise vacates his office before the expiry of the term for which he has been appointed, another person may be appointed by the Minister for the unexpired period of the term of office of the member in whose place he is appointed.Disqualification from membership6. No person shall be appointed or shall continue to hold office as a member of the Institute if he —

is of unsound mind;

is an undischarged bankrupt or has made any arrangement or composition with his creditors; or(c)is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon.Disclosure of interest by members7.—

A member of the Institute who is in any way, directly or indirectly, interested in a transaction or project of the Institute shall disclose the nature of his interest at the first meeting of the Institute at which he is present after the relevant facts have come to his knowledge.(2) A disclosure under sub-paragraph (1) shall be recorded in the minutes of the meeting of the Institute and, after the disclosure, that member —

shall not take part in any deliberation or decision of the Institute with respect to that transaction or project; and(b)shall be disregarded for the purpose of constituting a quorum of the Institute for such deliberation or decision.(3) No act or proceedings of the Institute shall be questioned on the ground that a member of the Institute has contravened this paragraph.Salaries, fees and allowances payable to members8. The Chairman, the Deputy Chairman and other members of the Institute may be paid out of the funds of the Institute such salaries, fees and allowances as the Minister may, from time to time, determine.Meetings of Institute9.—

The Chairman shall summon meetings as often as may be required but not less than once in 12 weeks.(2) At every meeting of the Institute, a quorum shall comprise half the total number of members appointed for the time being.(3) The Chairman or, in his absence, the Deputy Chairman shall preside at meetings of the Institute; and if both the Chairman and the Deputy Chairman are absent, the members present shall elect one of their number to preside.(4) Decisions at meetings of the Institute shall be adopted by a simple majority of the votes of the members present and voting; and in the case of an equality of votes, the Chairman or in his absence the Deputy Chairman or the member presiding shall have a casting vote.(5) The Institute may act notwithstanding any vacancy in its membership.(6) Subject to the provisions of this Act, the Institute may make standing orders to regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.Validity of acts of members10. The acts of a member of the Institute shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualifications.[9/92]

The accounts of the Institute shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Minister in consultation with the Auditor-General.(2) A person shall not be qualified for appointment as an auditor under sub-paragraph (1) unless he is an approved company auditor under the Companies Act [Cap. 50].(3) The remuneration of the auditor shall be paid out of the funds of the Institute.Auditor’s report5.—

The auditor shall in his report state —

whether the financial statements show fairly the financial transactions and the state of affairs of the Institute;

whether proper accounting and other records have been kept, including records of all assets of the Institute whether purchased, donated or otherwise;

whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets by the Institute during the financial year have been in accordance with the provisions of this Act; and(d)such other matters arising from the audit as he considers necessary.(2) The auditor shall, as soon as practicable after the accounts have been submitted for audit, send a report of his audit to the Institute.(3) The auditor shall submit such periodical and special reports to the Minister and to the Institute as may appear to him to be necessary or as the Minister or the Institute may require.Powers of auditor6.—

The auditor or any person authorised by him shall be entitled at all reasonable times to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Institute.(2) The auditor or any person authorised by him may make copies of or extracts from any such accounting and other records.(3) The auditor or any person authorised by him may require any person to furnish him with such information in the possession of that person or to which that person has access as the auditor considers necessary for the purposes of his functions under this Act.Penalty for obstruction7. Any person who fails without any reasonable excuse to comply with any requirement of the auditor under paragraph 6(3) or who otherwise hinders, obstructs or delays the auditor in the performance of his duties or the exercise of his powers under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.Presentation of audited financial statements and auditor’s report8.—

The Institute shall, as soon as the financial statements have been audited in accordance with the provisions of this Act, send to the Minister a copy of the audited financial statements, signed by the Chairman, together with a copy of the auditor’s report.(2) Where the Auditor-General is not the auditor of the Institute, a copy of the audited financial statements and any report made by the auditor shall be forwarded to the Auditor-General when they are submitted to the Institute.(3) The Minister shall as soon as practicable cause a copy of the audited financial statements and of the auditor’s report to be presented to Parliament.[9/92]