Singapore Institute of Standards and Industrial Research (Amendment) Bill

Bill No. 6/1992

Read the first time on 13th January 1992.
An Act to amend the Singapore Institute of Standards and Industrial Research Act (Chapter 301 of the 1985 Revised Edition).
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Singapore Institute of Standards and Industrial Research (Amendment) Act 1992 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
Amendment of long title
2.  The long title of the Singapore Institute of Standards and Industrial Research Act (referred to in this Act as the principal Act) is amended —
(a)by deleting the words “articles” in the third line and substituting the word “products”; and
(b)by deleting the words “Certification Mark” in the fifth line and substituting the word “Marks”.
Amendment of section 2
3.  Section 2 of the principal Act is amended —
(a)by deleting the definition of “article”;
(b)by deleting the definition of “Certification Mark”;
(c)by inserting, immediately after the definition of “Chairman”, the following definition:
“ “chief executive” means the chief executive of the Institute appointed under section 20A and includes any temporary chief executive of the Institute;”;
(d)by deleting the definition of “code of practice”;
(e)by inserting, immediately after the word “trade,” in the definition of “industry”, the words “manufacturing or”;
(f)by deleting the words “the Certification Mark” in the definition of “licence” and substituting the words “a Mark”;
(g)by inserting, immediately after the definition of “licence”, the following definition:
“ “Mark” means a Mark of the Institute referred to in section 15A(b);”;
(h)by deleting the definitions of “process” and “quality control” and substituting the following definitions:
“ “process” means any practice, system, procedure or activity in industry, and includes any process for —
(a)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;”;
(i)by deleting the definition of “Singapore Code of Practice”;
(j)by deleting the words “section 15(c)” in the definition of “Singapore Standard” and substituting the words “section 15A(a)”; and
(k)by deleting the definition of “standard” and substituting the following definition:
“ “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;”.
Amendment of section 4
4.  Section 4 of the principal Act is amended —
(a)by deleting paragraph (b) of subsection (1) and substituting the following paragraph:
“(b)not less than 6 and not more than 10 other members.”; and
(b)by deleting subsections (2), (3) and (4) and substituting the following subsection:
“(2)  The First Schedule shall apply to the Institute, its members and proceedings.”.
Repeal of sections 5 to 10
5.  Sections 5 to 10 of the principal Act are repealed.
Repeal and re-enactment of section 15, and new section 15A
6.  Section 15 of the principal Act is repealed and the following sections substituted therefor:
“Functions of Institute
15.  The functions of the Institute shall be —
(a)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.
Powers and duties of Institute
15A.  The Institute shall have all such powers and may perform all such duties as it may consider necessary or expedient to enable it to exercise its functions under this Act, and without prejudice to the generality of the foregoing or to any other power conferred by this Act, it may —
(a)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;
(b)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;
(c)provide for a scheme of quality control of specified export commodities, products and processes in the manner provided in section 17;
(d)establish, administer and operate any other schemes of standardisation and certification of products or processes;
(e)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;
(f)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;
(g)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;
(h)undertake industrial research and development to adapt, develop and apply technical services, products, materials and processes;
(i)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;
(j)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;
(k)advise the Government and industrial, commercial and trading organisations on scientific and technical matters;
(l)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;
(m)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;
(n)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;
(o)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;
(p)with the approval of the Minister, sell, mortgage or dispose of any immovable property vested in the Institute;
(q)prescribe and levy fees for the grant and renewal of licences under this Act;
(r)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;
(s)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.”.
Amendment of section 17
7.  Section 17 of the principal Act is amended —
(a)by deleting the words “, to be known as notified commodities,” in the penultimate line of subsection (1); and
(b)by inserting, immediately after subsection (10), the following subsection:
“(11)  For the purposes of this section, “commodity” includes any product and process.”.
Amendment of section 19
8.  Section 19 of the principal Act is amended —
(a)by inserting, immediately after the word “Chairman” in the third line, the words “or the chief executive”;
(b)by deleting paragraphs (a) and (b) and substituting the following paragraph:
“(a)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;”;
(c)by deleting the word “articles” in paragraph (c) and substituting the word “products”; and
(d)by re-lettering paragraphs (c), (d) and (e) as paragraphs (b), (c) and (d), respectively.
New section 20A
9.  The principal Act is amended by inserting, immediately before section 21 in Part V, the following section:
“Chief executive of Institute
20A.—(1)  The Institute shall, with the approval of the Minister, appoint a chief executive on such terms and conditions as the Institute may determine.
(2)  The chief executive shall be known by such designation as the Institute may determine and shall be responsible to the Institute for the proper administration and management of its functions and affairs in accordance with the policy laid down by the Institute.
(3)  The Institute may appoint another person to be a temporary chief executive during the absence, or incapacity owing to illness or otherwise, of the chief executive.”.
Amendment of section 22
10.  Section 22 (2) of the principal Act is amended —
(a)by deleting the words “an article or a” in paragraphs (a) and (b) and substituting in each case the words “a product or”; and
(b)by deleting the words “the Certification Mark” in paragraph (b) and substituting the words “a Mark”.
Amendment of section 23
11.  Section 23 (d) of the principal Act is amended by inserting, immediately after the word “interests”, the word “, dividends”.
Amendment of section 24
12.  Section 24 of the principal Act is amended by deleting subsection (3) and substituting the following subsection:
“(3)  Subject to the terms of any trust or endowment, money belonging to the Institute and available for investment may be invested in such securities as trustees may by any written law be authorised to invest or, with the written approval of the Minister, in any other securities or investments.”.
Repeal and re-enactment of section 25
13.  Section 25 of the principal Act is repealed and the following section substituted therefor:
“Financial provisions
25.  The financial provisions set out in the Second Schedule shall apply to the Institute.”.
Repeal of sections 28 to 32 and re-enactment of sections 28 and 29
14.  Sections 28 to 32 of the principal Act are repealed and the following sections substituted therefor:
“Loans
28.—(1)  The Institute may, from time to time, for the purposes of this Act, raise loans from the Government or, with the consent of the Minister, from any other source, either by the creation and issue of debentures, stock or bonds, or otherwise, as the Minister may direct.
(2)  The Institute shall pay interest on such loans at such rate and at such times, and shall make such provision for the mode and time or times of repayment of the principal, as may be approved by the Minister after consultation with the Institute.
(3)  The Institute may, from time to time, borrow, by way of a temporary loan or overdraft from a bank or otherwise, any sum which it may temporarily require —
(a)for the purpose of defraying expenses pending the receipt of revenues receivable by it in respect of the period of account in which those expenses are chargeable; or
(b)for the purpose of defraying, pending the receipt of money due in respect of any loan authorised to be raised under subsection (1), expenses intended to be defrayed by any such loan.
(4)  All loans raised by the Institute under this section, together with all interest and other sums payable in respect thereof, shall be charged indifferently upon all the revenues of the Institute and shall rank equally one with another, with priority over any other charge on the revenues of the Institute.
Annual report
29.—(1)  The Institute shall, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to the Minister a report dealing generally with the activities of the Institute during the preceding financial year and containing such information relating to the proceedings and policy of the Institute as the Minister may, from time to time, direct.
(2)  The Minister shall as soon as practicable cause a copy of every such report to be presented to Parliament.”.
Repeal and re-enactment of sections 33 and 34
15.  Sections 33 and 34 of the principal Act are repealed and the following sections substituted therefor in Part VII:
“Symbol of Institute
33.—(1)  The Institute shall have the exclusive right to the use of such symbol or representation as it may select or devise and thereafter display or exhibit in connection with its activities or affairs.
(2)  Any person who uses a symbol or representation identical with that of the Institute, or which so resembles the Institute’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Prohibition of improper use of Mark, test report or certificate
34.—(1)  Except under a licence granted under this Act, no person shall use, in respect of or in relation to a product or process, or in the title of a patent, or in a trade mark or design, a Mark or a colourable imitation thereof.
(2)  No person shall, notwithstanding that he has been granted a licence under this Act, use in respect of or in relation to a product or process, a Mark or a colourable imitation thereof or a test report or certificate issued by the Institute in contravention of this Act or any regulations made thereunder.
(3)  No person shall forge or, without lawful authority, alter a test report or certificate issued by the Institute.
(4)  A person who contravenes any of the provisions of subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both.
(5)  Notwithstanding the provisions of any other written law, a District Court shall have the power to impose the maximum penalties prescribed under subsection (4).
(6)  A court trying an offence under subsection (1), (2) or (3) may direct that any property in respect of which the offence has been committed shall be forfeited to the Government.”.
Amendment of section 35
16.  Section 35 of the principal Act is amended by deleting the words “an article or a” and substituting the words “a product or”.
Amendment of section 36
17.  Section 36 of the principal Act is amended by deleting the words “an article or a” and substituting the words “a product or”.
Amendment of section 38
18.  Section 38 of the principal Act is amended by deleting the words “an article or a” and substituting the words “a product or”.
Amendment of section 39
19.  Section 39 (2) of the principal Act is amended by inserting, immediately after the word “Chairman” in the fourth line, the words “or the chief executive,”.
Amendment of section 40
20.  Section 40 of the principal Act is amended by deleting “$2,000” and substituting “$5,000”.
Amendment of section 41
21.  Section 41 of the principal Act is amended by inserting, immediately after the word “Chairman”, the words “or chief executive”.
Amendment of section 43
22.  Section 43 of the principal Act is amended by deleting “$2,000” and substituting “$5,000”.
New First and Second Schedules
23.  The principal Act is amended by inserting, immediately after section 46, the following Schedules:
“FIRST SCHEDULE
Section 4(2)
Constitution and Proceedings of the Institute
Appointment of Deputy Chairman
1.  The Minister may appoint one of the members of the Institute to be the Deputy Chairman; and the Deputy Chairman may, subject to such directions as may be given by the Chairman, exercise all or any of the powers exercisable by the Chairman under this Act.
Term of office of members
2.—(1)  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 Chairman
3.  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 office
4.  The office of a member of the Institute shall be vacated if the member —
(a)becomes in any manner disqualified for membership of the Institute; or
(b)resigns from his office.
Filling of vacancies
5.  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 membership
6.  No person shall be appointed or shall continue to hold office as a member of the Institute if he —
(a)is of unsound mind;
(b)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 members
7.—(1)  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 —
(a)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 members
8.  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 Institute
9.—(1)  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 members
10.  The acts of a member of the Institute shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualifications.
SECOND SCHEDULE
Section 25
Financial Provisions
Financial year
1.  The financial year of the Institute shall begin on 1st April of each year and end on 31st March of the succeeding year, except that the first financial year shall begin on the date of commencement of the Singapore Institute of Standards and Industrial Research (Amendment) Act 1992 and end on 31st March 1993.
Accounts of Institute
2.  The Institute shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Institute and over the expenditure incurred by the Institute.
Financial statements
3.  The Institute shall, as soon as practicable after the close of each financial year, prepare and submit the financial statements in respect of that year to the auditor of the Institute.
Auditor
4.—(1)  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 report
5.—(1)  The auditor shall in his report state —
(a)whether the financial statements show fairly the financial transactions and the state of affairs of the Institute;
(b)whether proper accounting and other records have been kept, including records of all assets of the Institute whether purchased, donated or otherwise;
(c)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 auditor
6.—(1)  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 obstruction
7.  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 report
8.—(1)  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.”.
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