Sri Lanka Accreditation Board for Conformity Assessment

(1) There shall be established a Board which shall be called the Sri Lanka Accreditation Board for Conformity Assessment (hereinafter referred to as “the Board”). The Board shall be the national accreditation authority for Sri Lanka,

(2) The Board 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. Functions of the Board.

(a) to grant accreditation, in accordance with national standards based on the relevant international standards, to laboratories, certification and inspection bodies, training institutions and other persons required to carry out conformity assessments;

(b) to promote accreditation activities in conformity with the guidelines laid down in the National Quality Policy as approved by the Cabinet of Ministers;

(c) to ensure competence in internationally accepted accreditation practices and to facilitate international co-operation in accreditation;

(d) to encourage and promote the use of accreditation, the training of assessors, the conduct of seminars, and the dissemination of information, on accreditation;

(e) to conclude agreements on mutual recognition with regard to areas related or connected to accreditation with foreign and international bodies ; and

(f) to do all such other acts as may be necessary or conducive in discharging any or all of the above functions. Powers of the Board.

(a) to hold, take or give on lease or hire, mortgage,pledge, sell or otherwise dispose of, any moveable or immovable property;

(b) to undertake to execute any trusts, or any agency business which may seem to the Board conducive to the discharge of its functions;

(c) to borrow and raise loans for the discharge of its functions and for the purpose of raising such loans to offer by way of mortgage or collateral, such property owned by the Board, as is considered necessary;

(d) to invest any moneys of the Board not immediately required for the discharge of its functions in such manner as may, from time to time be determined by the Board;

(e) to charge such fees as may be determined by the Board for any services rendered by the Board ;

(f) to enter into such contracts as may be necessary for the discharge of its functions; and

(g) to do all such other things as are necessary for, or incidental, or conducive to the discharge of the functions of the Board.

(1) The Board shall have a (herein- Governing Council. after referred to as “the Council”), consisting of thirteen members appointed by the Minister, of whom –

(2) Where a member of the Council 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 and having regard to the provisions of subsection (1), appoint some other person to act in his place.

(3) The exercise of the powers of the Board and the general superindence, direction and management of affairs of the Board, shall vest with the Council.

(1) The Minister shall appoint one of the members the Council as the Chairman of the Council,

(2) The functions of the Chairman shall be to guide the Council in its activities and to preside at the meetings of the Council.

(3) The Minister shall appoint one of the members of the Council as the Vice Chairman of the Council. The Vice Chairman shall perform the duties of the Chairman in the absence of the Chairman or whenever there is a vacancy in the office of the Chairman.

(a) is a member of Parliament, a member of a Provincial Council or a member of a local authority;

(b) directly or indirectly, by himself or by any other person on his behalf, holds or enjoys any right or benefit under any contract made by or on behalf of the Board;

(c) is under any law in force in Sri Lanka or any other country, found or declared to be of unsound mind;

(d) is a person who, having been declared an insolvent, or a bankrupt under any law in force in Sri Lanka or in any other country, is an undischarged insolvent or bankrupt; or

(e) is a person who has been convicted of any offence by any court in Sri Lanka or any other country.

(1) A member of the Council may resign from office by a letter in that behalf addressed to the Minister.

(2) The Minister may for reasons assigned, remove any member of the Council from office.

(3) Subject to the provisions of subsections (1) and (2) the term of office of a member of the Council shall be three years :

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

(4) The Chairman and Vice Chairman of the Council may resign from the offices respectively, of Chairman and Vice Chairman, by letter in that behalf addressed to the Minister and the resignation shall be effective from the date on which such letter is accepted by the Minister.

(5) The Minister may for reasons assigned, remove the Chairman and Vice Chairman of the Council from the offices respectively, of Chairman and Vice Chairman.

(6) Subject to the provisions of subsections (4) and (5), the terms of office of the Chairman and Vice Chairman of the Council shall be their respective periods of membership of the Council.

(1) Five members shall form a quorum for any meeting of the Council.

(2) If at least five members of the Council are present in Sri Lanka, any question may be decided by the circulation of the relevant papers to the members present in Sri Lanka and by such members recording, in writing, their views thereon, and by their recording their votes on that question in the presence of each other and in every such case, a report of such question, views and votes shall be recorded in the minutes book of the Council. If there is an equality of such votes, such question shall be submitted for decision to a meeting of the Council.

(3) Subject to the other provisions of this section, the Council may regulate the procedure with regard to its meetings and the transaction of business at such meetings.

(4) No act, decision or proceedings of the Council shall any vacancy in the Council or any defect in the appointment of a member thereof.

(1) The affixing of the seal of the Board to any Seal, instrument, other than an instrument referred to in subsection (2), shall be in the presence of, and be attested by

(2) The affixing of the seal of the Board to an instrument containing an agreement for the rendering of any service by the Board shall be in the presence of, and be attested by, the Director or in his absence, by any officer or servant of the Board who has been specially authorized, by the Council to act on its behalf.

(1) The Council may delegate any of its powers and duties, to the Director, a member of the Council or to any committee appointed under this Act, or to any officer or servant of the Board.

(2) The Director, member of the Council or officer or servant of the Board or committee to whom any of the powers and duties of the Council have been delegated under subsection (1), shall exercise and perform the powers and duties so delegated, subject to the special or general directions of the Council.

(1) The Council may appoint committees to assist it in the performance of its duties consisting of such persons (whether officers or servants of the Board or not) as it considers necessary to be members of any such committee.

(2) The Council may assign to a committee so appointed such of its powers as it may deem fit, but may exercise any powers so assigned, notwithstanding such assignment. The Council may amend or revoke any decision made by any such committee.

(3) The members of every such committee may be paid out of the Fund of the Board, such remuneration and allowances as the Council may determine with the concurrence of the Minister.

(1) Where the Board grants accreditation to a laboratory, certification or inspection body, training institution or other person required to carry out conformity assessments, under section 17, it shall issue a Certificate signed by the Director, specifying the tests or other activities which such laboratory, certification or inspection body, training institution or person is accredited, to carry out or perform, and also permit such laboratory, certification or inspection body, training institution or person to use the prescribed Accreditation Mark, in the manner hereinafter set out.

(2) The Certificate issued under subsection (1), shall be prominently displayed in the –

(3)

(1) Where the Board is satisfied

the Board may suspend or revoke the accreditation granted to such laboratory, certification or inspection body, training institution or person, as the case may be, and shall forthwith inform such laboratory, certification or inspection body, training institution or person, as the case may be, of such suspension or revocation, as the case may be.

(2) Any person aggrieved by an order of suspension or revocation made under subsection (1) may, appeal therefrom to the Council in the prescribed manner and within the prescribed period. The decision of the Council on any such appeal shall be final.

(1) The Minister shall in consultation with the Council appoint a person who is suitably qualified in the , field of Science and Technology to be the Director of the Board (in this Act referred to as “the Director”).

(2) The terms and conditions of employment of the Director shall be determined by the Minister.

(3) The remuneration of the Director shall be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(4) Whenever the Director is by reason of illness or absence from Sri Lanka or for any other cause, unable to perform the duties of his office, the Minister may appoint another person to act in his place, during such absence.

(5) The functions of the Director, who shall be the Chief Executive Officer of the Board, shall be to organize, and direct the work of the Board under the directions of and in accordance with the policies adopted by the Council and he shall function as the Secretary to the Council.

(1) Subject to the provisions of subsection (3), the Council may delegate to the Director all or any of its powers relating to the appointment and dismissal, of other officers or servants of the Board. The conditions of employment, including remuneration, of every officer or servant appointed by the Director in the exercise of the powers delegated to him hereunder, shall be determined by him with the concurrence of the Council.

(2) The Director shall not, except with the prior approval of the Board, appoint, any person who is not a citizen of Sri Lanka, as an officer or servant of the Board.

(3) The dismissal by the Director of any officer or servant of the Board, shall be with the prior approval of the Board.

(1) The Director shall, with the approval of the Council appoint a panel of Assessors from amongst officers and servants of the Board or any other persons who are suitably qualified, to function as Assessors for the purpose of making the assessments required under the provisions of this Act.

(2) The Director shall, with the approval of the Council lay down the procedure for the selection of Assessors from the Panel of Assessors, to function in respect of any particular assignment.

(3) Every Assessor shall be issued with a letter of appointment by the Board to the effect that he has been appointed as an Assessor for the purposes of this Act.

(4) A person who has been appointed as an Assessor in terms of the provisions of this section may be paid out of the Fund of the Board, remuneration or allowances in respect of assignments carried out by him, at such rates as may be determined by the Director with the concurrence of the Council.

(1) The Board shall have its own Fund.

(2) There shall be paid into the Fund of the Board,

(3) There shall be paid out of the Fund of the Board –

(1) The financial year of the Board shall be the calendar year.

(2) The Council shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions, of the Board.

(3) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the Board.

(4) The provisions of Part II of the Finance Act, No. 38 of 1971, shall mutatis mutandis apply to, and in relation to, the Board.

(5) The Council shall be responsible for the submission of final accounts and the annual reports in due time in accordance with the provisions of the Finance Act, No.38 of 1971.

(a) when required to do so by a court of law;

(b) in order to comply with any of the provisions of this Act or other written law.

(1) No action or prosecution shall be instituted (a) against the Board for any act which in good faith is done or purported to be done by the Board under this Act; (b) against any member of the Council, any officer or servant of the Board or a member of any committee thereof or any assessor appointed under this Act for any act which in good faith is done, or purported to be done, by him under this Act or on the direction of the Board or Council.

(2) Any expenses incurred by the Board or the Council in any action or prosecution instituted by or against the Board or Council in any Court shall be paid out of the Fund of the Board and any costs paid to, or recovered by, the Board or the Council in any such action or prosecution shall be credited to the Fund of the Board.

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1), in any action or prosecution instituted against him in respect of any act done, or purported to be done, by him under this Act or on the direction of the Board or the Council shall be paid out of the Fund of the Board if the court held that the act was done in good faith, unless such expense is recovered by him in such action or prosecution.

(a) make such inquiries and investigations thereon in so far as it is required for the purpose of ascertaining whether the criteria for accreditation has been satisfied; or

(b) require such person to furnish such information or returns as may be necessary to ascertain whether he is complying with the provisions of this Act and the regulations made thereunder or the terms of the Certificate issued to him under section 18.

(1) Except with the written approval of the Minister and subject to the provisions of subsections (2) and (3)

(2) Any person who on date of commencement of this Act carried on any activity, business, trade or occupation, or is registered under any such name as is referred to in section (35) may, notwithstanding the provisions of section (35), continue to carry on such activity, business, trade or occupation or be registered, as the case may be, under such name.

(3) The provisions of paragraphs (a) and (b) of subsection (1) shall not affect any trade mark registered on the date of the commencement of this Act, or the sale of any commodity or product under any such trade mark.

(4) The Minister may at any time withdraw any approval given by him under subsection (1) if, in his opinion, it is necessary to do so in order to avoid abuse.

(a) contravenes the provisions of subsection (3) of section 18 ;

(b) contravenes the provisions of section 30 or section 35 or paragraphs (a) or (b) of subsection (1) of section 36;

(c) resists or obstructs a member of the Council or an officer of the Board or an Assessor appointed under this Act in the exercise by such officer or Assessor, of the powers conferred on him by the Act; or

(d) wilfully makes any false statement in, or omits any material particular from, any return or information furnished by him under section 34,

(1) Notwithstanding anything contained in any provisions of any other law, every person guilty of an offence under this Act shall, on conviction after summary trial before a Magistrate, be liable –

(2) Wherever any person is convicted of an offence referred to in section 37, the court may in addition to any other penalty which it may impose for such offence, order that all or any part of the products in respect of which the offence was committed be forfeited to the State and the products so ordered to be forfeited shall be disposed of in such manner as the Court may direct.

(a) if that body is a body corporate, every person who at the time of the commission of the offence was a director of that body corporate; and

(b) if that body is a firm, every person who at the time of the commission of the offence was a partner of that firm,

(1) The Minister may make regulations on the recommendations of the Council in respect of all matters, for which regulations are authorized or required by this Act to be made or which are required by this Act to be prescribed.

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified therein.

(3) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to the validity of anything done thereunder.

(4) Notification of the date on which any regulation is deemed to be rescinded shall be published in the Gazette.