STANDARD AND INDUSTRIAL RESEARCH INSTITUTE OF MALAYSIA (INCORPORATION) ACT 1975

This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette; and the Minister may appoint different dates for different provisions of this Act.

to promote, develop, and promulgate standards for commerce and industry and for goods produced in or imported into Malaysia whether for consumption in Malaysia or for export or re-export; (b) to promote industrial affi

to promote industrial efficiency and development; (c) to promote public co

to promote public and industrial welfare, health, and safety;

to promote and undertake

to promote and undertake industrial research with the object of—

improving technical processes and methods;

to provide industrial extension and consultative services to assist industry in meeting standards; and

generally to improve production processes and techniques.

prepare, frame, modify, or amend specifications and promulgate standard specifications; (aa), (ab), (ac), (ad) and (ac)

promote research in relation to specifications and provide for the examination and testing of commodities, processes, and practices, and for those purposes establish such laboratories and other facilities as it thinks fit;

make provision for the registration of standard marks and regulate their use;

collect and disseminate by any convenient means, including the publication of reports, pamphlets, booklets, journals, and other matters, information concerning standardization and related matters;

encourage and undertake educational work in connexion with standardization;

assist the Federal Government, the State Governments, the local authorities, and other public bodies in the preparation of any specification required by them;

develop and maintain a collection of library and museum materials concerning standardization and related matters;

% the functions. powers and activities of the Institute and related matters. AA85g.

practices and Services A856.

% the activities of the institute. AASSS.

co-operate with the industrial sector, the Federal Government, the State Governments, the local authorities, and other public bodies or authorities with a view to securing the adoption of standards; (i) co-operate with any person, association zation outside Malawi

co-operate with any person, association, or organization outside Malaysia having similar functions as those of the Institute, with a view to furthering the effective performance of the functions of the Institute; (j) solicit and accept for the purposes of the any money, land or other

solicit and accept for the purposes of the Institute any money, land, or other property from any body of persons or organization by way of grant, subsidy, donation, gift, subscription, or otherwise, and where it accepts any such money, land, or other property, extend to the body of persons or organization such concessions or benefits as it thinks fit; c) become a member of or affiliated to national body concessions

become a member of or affiliated to any international body concerned with standardization and related matters;

adopt with or without modifications national or foreign service

adopt with or without modifications any international or foreign specification as suitable for use in Malaysia;

appoint agents in Malaysia or abroad for purposes as the Instituition

appoint agents in Malaysia or abroad for such purposes as the Institute may determine; (n) establish branch offices of the Institute in Malaysia (o) undertake tests

establish branch offices of the Institute in Malaysia; (o) undertake tests, investigations, and more such manner as the Institute may determine;

undertake tests, investigations, and researches in such manner as the Institute thinks advisable with the object of improving the technical processes and methods used in industry and of discovering processes and methods that may promote the expansion of existing industries, the development of new industries, or the better utilization of waste products;

the Controller of the Institute who shall be the Deputy Chairman;

a representative of the Ministry responsible for the Institute;

a representative of the Prime Minister's Department;

a representative of the Treasury;

a representative of the Ministry responsible for the development of industries generally;

a representative of the Ministry responsible for agricultural development;

a representative of the Ministry of Defence;

a representative of the Ministry responsible for machinery;

a representative of the Ministry responsible for communications;

a representative of the Ministry

a representative of the Ministry responsible for public works;

a representative of the Strat

a representative of the States;

a representative of the National Electricity Board; (n) a representative of the above.

a representative of the chambers of commerce; (o) a person from any of the

a person from any of the chambers or associations of manufacturers;

a representative of the

a person from any of the bodies for industrial and economic development;

a representative of the

a representative of the Institution of Engineers (Malaysia);

a representative of the

a person from any of the bodies for the development of productivity;

a person from any of the bodies for the development of productivity;

a representative of the Pertubuhan Akitek-akitek Malaysia;

a person from any of the bodies

four scientists of whom two shall be from the institutions of higher learning.

a representative of the consumer organizations; (u) four scientists.

Members of the Council, other than the Controller shall be appointed by the Minister and, subject to sections 8 and 9, shall, unless they sooner resign or their appointment is sooner revoked, hold office subject to such terms and conditions as the Minister may determine. (3) Members of the Council

Members of the Council or of any of its committees may be paid such allowances and expenses as the Minister may determine. (4) The Deputy Chairman

The Deputy Chairman shall exercise the powers and perform the duties of the Chairman under this Act if during any period, owing to absence from Malaysia, illness, or any other cause, the Chairman is unable to exercise his powers or perform his duties.

Notwithstanding any other provision of this Act, the Chairman, unless he has resigned or been removed from office under section 9, shall continue in office until his successor comes into office.

A member of the Council, other than the Controller, may at any time be removed from office by the Minister for disability, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.

a person who is of unsound mind or is otherwise incapable of performing his duties or managing his affairs;

a person who has been convicted of an offence and sentenced to imprisonment for not less than one year;

a person who has been convicted of an offence involving fraud, dishonesty, or moral turpitude; and

a bankrupt.

upon his death;

upon his resignation;

upon his failure to attend three consecutive meetings of the Council without the permission of the Chairman.

Meetings of the Council shall be summoned by the Secretary who shall give at least twenty-one days' notice of the meeting and of the business to be transacted at the meeting.

At any meeting of the Council twelve members present in person shall form a quorum.

At every meeting of the Council—

The person presiding at a meeting of the Council shall have a deliberative vote and in the case of an equality of votes shall also have a casting vote.

A member of the Council may appoint

A member of the Council may appoint another member to be his proxy, and the proxy so appointed may in addition to his own vote cast the vote of the member who appointed him, but no proxy may cast more than three votes in addition to his own. (7) Every question before the Council

Every question before the Council shall be determined by a majority of the members voting thereon. (8) The Council shall cause proper mis

The Council shall cause proper minutes to be kept of its proceedings at each meeting, and any such minutes purporting to be signed by the person presiding at the meeting in question or at the next meeting shall without further proof be evidence of the members present and the business transacted at the meeting. (9) Subject to subsection (10) a question

Subject to subsection (10), a question before the Council that is not required by this Act or by the rules to be determined at a meeting may be voted on and determined by means of ballot papers sent through the post. (10) The determination of a question will

The determination of a question under subsection (9) shall not be effective unless—

Subject to this Act and the rules, the Council may regulate its own procedure. 13. The Minister may give to the

There shall be three Directors of the Institute who shall be appointed by the Council with the approval of the Minister.

The Council may with the approval of the Minister from time to time appoint such number of additional Directors as it considers necessary.

The Controller and Directors shall be appointed on such terms and conditions as to remuneration and otherwise as may be determined by the appointing authority with the approval of the Minister of Finance.

shall consist of the Chairman, who shall be Chairman of the Executive Committee, and such other members of the Council as the Council thinks fit; and

subject to the general direction

subject to the general direction and control of the Council, shall be responsible for the day-to-day conduct of the affairs, other than the financial affairs, of the Council.

( a - b < 0 3 / 7 7 )

The Council shall appoint which—

Finance Committee

The Council shall appoint a Standards Committee which—

The Council may—

Subject to this Act and the rules and to any directions given by the Council, a committee appointed under this section may regulate its own procedure.

19A, 19B, 19C, 19E, 19F, 19G and 19H. ---

any committee appointed under section 19; or (b) the Controller, any Director

the Controller, any Director, or any officer of the Council.

The Council shall not delegate its power under section 30 (8) other than to the Standards Committee. (3) Subject to such limitations

Subject to such limitations or conditions as the committee or the Council may think fit, a committee appointed under section 19 may delegate any of its functions or powers, including any function or power delegated under subsection (1), to-

Where a committee, sub-committee, or person purports to act pursuant to a delegation under subsection (1) or (3), the committee, sub-committee, or person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. (5) A delegation under subsection (1)

A delegation under subsection (1) or (3) may be revoked at any time by the Council or the delegating committee, as the case may be, and no such delegation shall prevent the exercise of any function or power by the Council or delegating committee. 21. (1) Subject to subsection

prescribing the manner in which specifications may be declared to be standard specifications;

regulating the promulgation of standards

regulating the promulgation of standard specifications;

providing for the amendment or with standard

providing for the amendment or withdrawal of any standard specification and regulating the procedure in relation thereto;

regulating the issue of licences to use standard marks, prescribing terms and conditions upon or subject to which such licences may be issued, and regulating the renewal, suspension, or revocation thereof and the procedure for appealing against any such suspension or revocation;

prescribing methods of proving the existence or non-existence, or the terms and conditions, of any licence/granted under this Act;

prescribing forms for the purposes of this Act;

authorizing the refund or remission, in such circumstances as may be prescribed, of any fees payable under this Act or the rules;

prescribing the procedure to be followed at meetings of the Council or of a committee appointed under section 19;

prescribing the sale price or methods of fixing the sale price of copies of standard specifications or other publications;

prescribing matters in respect of which fees are to be payable under this Act or the rules, the amount of the fees, and the persons liable to pay them;

prescribing the duties of the Controller, Directors, officers, and employees of the Council;

providing for the custody of the property of the Council, and the custody and use of the common seal of the Council;

If it is proposed to submit to any meeting of the Council a motion for the making or for the amendment or revocation of rules, written notice of the motion shall be given to every member of the Council who is present in Malaysia at least twenty-one days before the date of the meeting.

All rules made under subsection (1) shall be submitted to the Minister as soon as may be after being made and shall have no effect until they have been approved by him.

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There shall be paid into the fund—

, (h), (i), (j), (k) and (1) There shall be definite

There shall be defrayed out of the fund—

The Council may at any time submit to the Minister a supplementary estimate for any one year and the Minister may with the concurrence of the Minister of Finance allow the whole or any part of the additional expenditure included therein.

The accounts of the Council shall be audited annually by the Auditor General or some other auditor appointed by the Council with the approval of the Minister of Finance.

After the end of each financial year, as soon as the accounts of the Council have been audited, the Council shall cause a copy of the statement of account to be transmitted to the Minister together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement of account or on the accounts of the Council.

The Minister shall as soon as practicable cause a copy of every such statement and observations to be laid on the table of each House of Parliament.

The Minister shall as soon as practicable cause a copy of every such report to be laid on the table of each House of Parliament.

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If any written law other than this Act prescribes, or authorizes the making of subsidiary legislation to prescribe any characteristics of any commodity, process, or practice, the Council shall not—

No specification shall be declared to be a standard specification, and no standard specification shall be amended or withdrawn, unless the Council is satisfied that persons who may be affected by the declaration, amendment, or withdrawal have had an opportunity to consider it and to comment thereon to the Council or to an appropriate committee of the Council?

Provided that ---

The declaration, amendment, or withdrawal of a standard specification shall be promulgated in the manner prescribed by rules or, if no such rules have been made, in such manner as may be determined by the Council.

The Council shall cause the fact of the declaration, amendment, or withdrawal, but not the text of the specification declared, amended, or withdrawn, and the date on which it is to take effect to be notified in the Gazette.

In the absence of proof to the contrary—

Notwithstanding anything to the contrary in the Ordinance—

Nothing in subsection (2) shall be construed as affecting the validity of any trade mark entered in the Register of Trade Marks before the 1st February, 1967.