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.

(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 standardization 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 standardization 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, guages 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 standardizaion 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 standardization and quality control by educational, consultancy and other means ;

(j) to provide for co-operation with any person, association or organization 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.

(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.

(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 ell facilities, and shall furnish ah* information, as may be necessary to carry out such order.

(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

(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).

(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-Chairmanof the Council. The Vice-Chairman shall perform the duties of the Chairman hi his absence, or when there is a vacancy in the office of the 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.

(1) Four members stall form a quorum at any meeting of the Council.

(2) If at least four 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 and their votes on that question ; and in such use a report of such question, views and votes shall be made to he next meeting of the Council and shall be recorded in the minutes book, and, 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 predisions herein contained, the Council may regulate its own procedure in regard to its meetings and the transaction, of business a such meeting.

(4) No act or decision proceedings of the Council shall be invalidated by reason only of the existence of a vacancy amongst its members c any defect in the appointment of a member thereof.

(1) The affixing of the seal of the Institution to any 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 Council to an instrument containing an agreement for the rendering of any service by the Institution shall be in the presence of, and be attested by, the Director-General of the Institution or, in his absence, any member of the staff of the Institution who has been authorized by the Council to act on behalf of tie Director-General on such an occasion.

(1) The Council may delegate any of its powers and duties, to the Director-General, any member of the Council or any committees established under this Act, or to any employee of the Institution.

(2) The Director-Geaeral, member, or the employee to whom any of the powers and duties of the Council have been delegated under subsection (1) shall exercise or perform such powers and duties so delegated, subject to the special or general directions of the Council. Delegation of powers and duties of the Council.

(1) The Council may establish committees to assist it in the performance of its functions and may appoint such persons (whether an employee of the Institution or not) as it may deem fit to be members of any such committee.

(2) The Council may assign to a committee so established such of its powers as it may been fit, but shall not be divested of any power which it may hare assigned to a committee, the Council may amend or revoke any decision made by a committee.

(3) The members of any such committee may out of the funds of the Institution receive such remuneration and allowances as the Minister may determine with the concurrence of the Minister in charge of the subject of Finance.

(1) Subject to the provisions of subsection (2), the Institution may, with the approval of the Minister, by notice published in the Gazette, declare any mark which has been accepted by the Institution in respect of a standard specification approved by it for any commodity or product, or for the manufacture, production, processing or treatment of any commodity or product, to be a certification mark in respect of that commodity or product or of the manufacture, production, processing or treatment of that commodity or product, and may in like manner abolish or amend any such mark.

(2) No mark which is identical with any trade mark registered in respect of any commodity or product under the Trade Marks Ordinance (repealed by Act No. 52 of 1979) and the Code of Intellectual Property Act, No. 52 of 1979, as the case may be or which so nearly resembles any such trade mark as to be, likely to be mistaken for it, shall under subsection (1) be declared a certification mark in respect of that commodity or product or any similar commodity or product or in respect of the manufacture, production, processing of treatment of that commodity or product or any similar commodity or product.

(3) A notice under subsection (1) shall contain such information in regard to the relevant standard specification or amendment thereof as the Institution may consider necessary.

(1) Whenever the Institution has published any notice under subsection (1) of section 17, no person shall apply the certification mark mentioned in that notice to any commodity or product

(2) Any person who

shall, for the purposes of subsection (1), be deemed to have applied that certification mark to that commodity or product.

(3) No person shall in connection with the sale of any commodity or product make any reference directly or indirectly to the Institution or to a standard specification approved, or purporting to have been approved, by the Institution unless

(1) The Minister may, subject to the provisions of sections 17, 18, 19, subsection (2) of this section, and section 21, by Order published in the Gazette, on the recommendation of the Council, declare a certification mark which has been accepted in respect of a standard specification approved by it for any commodity or product or for the manufacture, production, processing or treatment of any commodity or product to be, with effect from a date specified in the Order, a compulsory certification mark in respect for that commodity or product or for the manufacture, production, processing or treatment of that commodity or product and may in like manner abolish or amend any such mark.

(2) If the Order proposed to be made under subsection (1) relates to any commodity or product, or the manufacture, production, processing or treatment of any commodity or product, which is the subject matter of any other written law, the Order shall be made by the Minister after consultation with the Minister to whom the subject or function of such other law has been assigned.

(3) The date specified in any Order under subsection (1) shall be a date not earlier than three months from the date of the Order.

(4) An Order made under subsection (1) may, by a subsequent Order published in the Gazette, be revoked or amended.

(1) No Order under subsection (1) of section 20 shall be made by the Minister unless a notification declaring his intention to make such Order indicating such certification mark and the title and number of the standard specification in respect of which such mark has been accepted is published in the Gazette and in one Sinhala, Tamil and English newspaper, specifying a date on or before which objections to the proposed Order will be received by the Director-General.

(2) Every objection so preferred shall be made in writing to the Director-General and shall contain a statement of the grounds upon which objection is taken to the proposed Order.

(3) The Director-General shall transmit all objections received by him to the Chairman of the Council.

(4) The Council shall consider every objection transmitted under subsection (3) and for the purpose of investigating such objection hold such inquiries as it considers necessary.

(5) Notice in writing of the date on which, and the time and place at which, an inquiry under subsection (4) shall be held, shall be given to the person preferring the objection. The person preferring the objection, or a person duly authorized by him in writing, shall be entitled to be present at such inquiry and to be heard on such objection.

(6) The decision of the Council on an objection considered by it under subsection (4) shall be communicated to the Director-General who shall notify such decision in writing to the person preferring such objection.

(a) except under a permit issued by the Director-General or other officer authorized in that behalf by the Director-General; and

(b) unless that commodity or product

(1) Every application for a permit for the purposes of this Act shall be made in writing to the Director-General or the officer authorized in that behalf by such Director-General.

(2) No permit shall be issued under this section, unless

(3) Every permit issued under subsection (2) shall subject to the provisions of this Act be valid for such period and be subject to such terms and conditions as may be prescribed for that purpose.

(4) A permit issued under this section may at any time be cancelled for non-compliance with the provisions of this Act or any regulations made thereunder after notice in writing thereof has been given to the person to whom it has been issued.

(5) Where an application for a permit under this section is refused, notice of such refusal shall be given by the Director- General or the officer authorized in that behalf by such Directors General to the person making such application.

(6) Any person who is aggrieved by the refusal of the Director- General or other officer authorized in that behalf by such Director-General to issue a permit, or by the cancellation of a permit may, within fifteen days after the date of the receipt of such notice of refusal or cancellation, appeal in writing to the Secretary to the Ministry of the Minister against such refusal or cancellation. The decision of the Secretary on any such appeal shall be final and conclusive.

(1) The Minister shall appoint a person who is suitably qualified, scientifically or technically, or scientifically and technically, to be the Director-General of the Institution (in this Act referred to as the ” Director-General “)

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

(3) The remuneration of the Director-General shall be deter mined by the Minister in concurrence- with the Minister in charge of the subject of Finance.

(4) Whenever the Director-General 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 some other person to act in his place, during such absence.

(5) The functions of the Director-General shall be to organize, carryout, and direct the work of the Institution in accordance with the policies adopted by the Council in terms of section 3.

(1) The Council may appoint such other officers and servants as it considers necessary for carrying out the objects for which the Institution is established.

(2) The officers and servants appointed under subsection (1) shall be remunerated in such manner and at such rates and shall be subject to such conditions of service as may be * determined by the Council.

(3) At the request of the Council, any officer in the public service may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Institution for such period as may be determined by the Council with like consent or be permanently appointed to such staff with like consent.

(4) Where any officer in the public service is temporarily appointed to the staff of the Institution, the provisions of sub section (2) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(5) Where any officer in the public service is permanently appointed to the staff of the Institution, the provisions of sub section (3) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(6) Where the Institution employs any person who has agreed to serve the Government for a specified period, any period of service to the Institution by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement.

(1) The Council may delegate to the Director-General all or any of its powers relating to the appointment and, subject to the provisions of subsection(3), the dismissal of other officers or servants of the staff of the Institution. The conditions of employment, including remuneration, of any such officer or servant appointed by the Director-General under the powers delegated to him shall be determined by him with the concurrence of the Council.

(2) The Director General shall not, except with the prior approval of the Council, request the services of, make agreements for obtaining or appoint, any person who is not a citizen of Sri Lanka, as an officer or servant of the Institution.

(3) The dismissal by the Director-General of any officer or servant shall be with the prior approval of the Council.

(1) The Council may appoint any member of the staff of the Institution or any other person who, in the opinion of the Council is suitably qualified as an inspector for the purpose of this Act.

(2) Every inspector shall be provided with a certificate by the Council to the effect that he has been appointed as an inspector for the purpose of this Act.

(3) A person who is not a member of the staff of the Institution and who has been appointed as an inspector under subsection (1), may, out of the Fund of the Institution receive such remuneration or allowance as the Council may determine.

(1) For the purposes of this Act, any inspector may, if generally or specifically instructed in that behalf by the Director-Genera] or any other person authorized in writing to act on behalf of the Director-General

(2) A person who is in charge of any premises referred to in paragraph (a) of subsection (I) shall at all times furnish such facilities as are required by an inspector for the purpose of exercising his powers under subsection (1) of this sub section.

(3) Any inspector exercising any powers conferred upon him by this section shall, on demand, produce the certificate provided to him under subsection (2) of section 29 and the written instructions referred to in subsection (1) of this section.

(1) The Institution shall have a Fund, called the Accumulated Fund.

(2) There shall be paid into the Accumulated Fund

(3) The moneys credited to the Accumulated Fund shall be utilized for expenditure of a capital nature and for such other purposes to be determined by the Council.

(1) The revenue of the Institution shall consist of

(2) The Minister may, out of the sums of money appropriated by Parliament for the purpose, and subject to such conditions as the Minister in charge of the subject of Finance may impose, contribute annually for the purposes referred to in subsection (3) such an amount as the Minister, in consultation with the Minister in charge of the subject of Finance may determine.

(3) The moneys received under subsections (1) and (2) shall be utilized by the Institution to defray its annual running expenses, including the allowances of the members of the Council, and of any committee established under section 16, and of the Director-General and other members of staff of the Institution and any balance of those moneys remaining un expended at the end of the financial year of the Institution may, subject to the directions of the Council be used for defraying the running expenses of the next financial year of the Institution or utilized for such other objects for which the Institution is established.

(1) The financial year of the Institution 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 Institution.

(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 Institution.

(1) Every member of the Council or of a committee thereof, or an officer or servant of the Institution or an inspector, shall, before entering upon his duties, sign a declaration pledging himself to observe strict secrecy in the performance of his duties or discharge of his functions, and shall by such declaration pledge himself not to reveal any information, except

(2) The disclosure by any person of any information to the Minister, or to the Council, or any committee or representative thereof, or to an inspector, or any other person for purposes connected with the administration of this Act, shall not prejudice any application subsequently made for a patent.

(1) The rights in all discoveries and inventions and all improvements in respect of processes, apparatuses, and machines made by an officer of the Institution shall vest in and be the property of the Institution and shall be made available for use in the public interest subject to such conditions and the payment of such fees or royalties as the Institution may determine.

(2) The Institution may, out of the Fund of the Institution, pay to any officer of the Institution, who has made any discovery, invention or improvement referred to in subsection (1), such bonus, or make provision for such officer to share in the profits derived from that discovery, invention or improvement, as the Council may determine.

(3) The Institution may apply for letters patent in respect of any inventions made by any officer of the Institution and shall for the purposes of the Code of Intellectual Property Act, No. 52 of 1979, be regarded as the assign of the inventor.

(1) Where any immovable property of the State is required for the purposes of the Institution, any such purposes shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the Crown Lands Ordinance and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property to the Institution.

(2) Where any movable property of the State is required for the purposes of the Institution, the Minister may, with the consent of the Minister of the Ministry to which such property belongs or which was in possession of such property, by Order published in the Gazette, transfer to and vest in the Institution the possession and use of such movable property.

(1) The lnstitution shall be exempted from the payment of

(2) The Minister may, with the concurrence of the Minister in charge of the subject of Finance, exempt the Institution from the payment of any custom duty on any goods imported or purchased by the Institution.

(1) Except with the written approval of the Minister and subject to the provisions of subsections (3) and (4), no person shall carry on any activity, business, trade or occupation under any name which contains the words “Institution of Standards”, “Standards Institution” or such other words the use of which would imply that such person was the Sri Lanka Standards Institution or is associated or connected with the Institution.

(2) Except with the written approval of the Minister and subject to the provisions of subsections (3) and (4)

(3) Any person who, at the commencement of this Act carries on any activity, business, trade or occupation or is registered under any such name as is referred to in subsection (1) may, notwithstanding the provisions of subsection (1), continue to carry on such activity, business, trade or occupation, or to be registered, as the case may be, under such name.

(4) The provisions of subsection (2) shall not affect any trade mark registered at the commencement of this Act, or the sale of any commodity or product under any such trade mark.

(5) The Minister may at any time withdraw any approval given by him under subsection (1) or subsection (2) if, in his opinion, it is necessary to do so in order to avoid confusion or abuse.

(a) transmit to the Council or any person authorized by the Institution, within such time as may be specified in such request, such samples as may be so specified of any commodity or product in respect of which that permit has been issued ; or

(b) furnish to the Council or any person authorized by the Institution, within such time as may be specified in such request, such information as may be so specified in regard to such commodity or product or the manufacture, production, processing or treatment thereof,

(1) Any person who

shall be guilty of an offence under this Act.

(2) If any person is charged with an offence referred to in paragraph (a) of subsection (1), he shall be deemed to be not guilty of that offence if he proves that

(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) Whenever any person is convicted of an offence referred to in paragraph (a) or paragraph (6) of subsection (1) of section 45, or of a contravention of subsection (2) of section 43, the court may, in addition to any other penalty which it may impose, order that all or any part of the goods in respect of which the offence was committed be forfeited to the State and the goods so ordered to be forfeited shall be disposed of in such manner as the Minister may direct.

(a) if that body is a body corporate, every director of that body corporate shall be deemed to be guilty of that offence ; and

(b) if that body is a firm, every partner of that firm shall be deemed to be guilty of that offence :

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act and in respect of all matters for which regulations are authorized or required by this Act to be made.

(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.

(1) The Bureau of Ceylon Standards Act, No. 38 of 1964, is hereby repealed.

(2) Notwithstanding the repeal of the aforesaid Act