ARRANGEMENT OF SECTIONS
1. Short title
THE MALAWI BUREAU OF STANDARDS
3. Establishment of the Malawi Bureau of Standards
4. Objects of the Bureau
5. Functions, powers and duties of the Bureau
6. Non-liability of the Bureau
THE MALAWI BUREAU OF STANDARDS BOARD
7. Establishment of the Malawi Bureau of Standards Board
8. Composition of the Board
9. The Chairperson and Vice-Chairperson of the Board
10. Tenure of office of members, vacation and disqualification
11. Allowances for Members
12. Meetings of the Board
13. Non-liability of members
14. Pecuniary interest of members
15. Powers and functions of the Board
16. Committees of the Board
18. Funds of the Board and its accounts
19. Annual Reports
20. Quality development cess
22. Reimbursement of expenses of members of the Board
23. Financial Year
STAFF OF THE BUREAU
24. Director General
25. Appointment of other staff and conditions of service
ESTABLISHMENT AND IMPLEMENTATION OF STANDARDS
26. Setting of Malawi Standards
27. Declaration of Malawi Standards
28. Incorporation of Malawi Standards in laws
29. Effect of declaration as mandatory standard and application of standardization mark
30. Non-compliance with mandatory standards
31. Establishment, alteration of standardization marks, etc.
32. Application of standardization mark
33. Mark permits
34. Suspension or cancellation of permit
35. Samples and information
36. Limitations on certain claims
INSPECTORS AND AUDITORS
37. Appointment and powers
DANGEROUS OR DEFECTIVE COMMODITIES
39. Order prohibiting or restricting supply of defective commodities
40. Remedy for supply of commodity in contravention of order
41. Order for recall of defective commodities
42. Voluntary recall of commodities
43. Certain actions not to affect insurance contracts
OFFENCES AND PENALTIES
44. Offences and penalties
45. Restriction on use of certain words
47. Certain acts not to be interpreted as assurances or guarantees
49. Inventions by staff members and other persons
50. Levying of interest
51. Disclosure of certain information to protect consumer
52. Prohibition of victimization
53. Conflicting standards
55. Relationship between this Act and other written laws
56. Repeal and savings
57. Transfer of assets, funds, liabilities, etc.
58. Transfer of employees
14 of 2012
An Act to establish the Malawi Bureau of Standards and the Malawi Standards Board; to vest the management and control of the Malawi Bureau of Standards in the Malawi Standards Board; to promote metrology, standardization and quality assurance of commodities and of the manufacture, production, processing or treatment thereof; and further to provide for matters incidental to, or connected with, the foregoing
[27TH JULY, 2012]
This Act may be cited as the Malawi Bureau of Standards Act.
In this Act, unless the context otherwise requires—
"auditor", means a person appointed as such under section 37;
"Board" means the Malawi Bureau of Standards Board established under section 7;
"Bureau" means the Malawi Bureau of Standards established by section 3;
"Bureau Management" means the Director General, Deputy Director General and the Heads of Departments of the Bureau;
"cess" means the quality development cess imposed by the Minister under section 20;
"Chairperson" means the Chairperson of the Board appointed and designated pursuant to section 9;
"Code of practice" means a set of rules relating to the methods to be applied or the procedure to be adopted in connexion with the construction, installation, testing, operations or use of any article, apparatus, instrument, devise or process, including—
(a) the marking, handling, packing, storage and transport of a commodity; or
(b) the manner of installation of the commodity to ensure efficient performance;
"commodity" means product, service, good or article of, or for, trade;
"Director General" means the Chief Executive Officer of the Bureau appointed under section 24;
"examine" includes inspect, check or observe;
"financial auditor" means a person appointed as such to audit the finances of the Bureau;
"financial year" means the financial year of the Bureau as specified in section 23;
"import" means to bring or cause to bring a commodity in the country by any means;
"inspector" means an inspector appointed under section 37;
"Malawi Standard" means a specification, code of practice, terminology standard or method of test as declared under section 27 (1);
"Mandatory Standard" means a Malawi Standard declared as such under section 27 (2) to which compliance is compulsory;
"manufacture" includes produce, assemble, alter, modify, adapt, convert, process, package, including labeling, treat, install, test, operate and use;
"mark" means any device, brand, heading, label, ticket, emblem, representation, heading ticket, name, signature, word, letter or numeral, or any combination thereof; whether used in a compound with any other word or not;
"member" means a member of the Board appointed under section 8;
"person" includes a body corporate;
"reference material" means any material or substance with one or more characteristics which may be used for—
(a) calibration of any apparatus;
(b) testing of the accuracy of any method of measurement; or
(c) determination, by comparison therewith, of any characteristic, including purity, of any other material or substance;
"regulation" means a regulation in force in terms of this Act;
(a) display, offer or advertise for sale;
(b) export from Malawi for or in pursuance of sale;
(c) have in possession for the purpose of sale, trade, manufacture export from Malawi or for humanitarian grounds;
"specification" means an explicit set of requirements to be satisfied by a commodity with reference to its characteristics, including its nature, quality, strength, efficacy, purity, composition, assembly, quantity; dimensions, mass, grade, design, layout, durability, capacity, format, operation, performance, origin or age, which ever may be applicable;
"standardization mark" means a certification mark, mark of proof, or mark of authenticity;
"system", with regard to a commodity, means interrelated processes which are designed to achieve a particular purpose or to perform a specific function;
"Vice-Chairperson" means the person appointed as such under section 9.
THE MALAWI BUREAU OF STANDARDS
There is hereby established the Malawi Bureau of Standards (in this Act otherwise referred to as the "Bureau"), which shall—
(a) be a body corporate with perpetual succession and a common seal, with power to alter the same from time to time;
(b) in its corporate name be capable of suing and being sued;
(c) subject to the provisions of this Act, of acquiring, holding, letting and otherwise disposing of any property; and
(d) be capable of doing and performing such acts and things as bodies corporate may by law do and perform.
The objects of the Bureau shall be—
(a) to promote standardization in commerce and industry;
(b) to prepare and issue standards and to administer schemes based thereon;
(c) to make arrangements to provide facilities for the testing and calibration of precision instruments, gauges and scientific apparatus, for the determination of their degree of accuracy by comparison with standards, approved by the Minister on the recommendation of the Board, and for the issue of certificates in regard thereto;
(d) to make arrangements or provide facilities in order to examine, test or analyze articles, materials and substances;
(e) to provide for the testing of locally manufactured or imported commodities with a view to determining whether such commodities comply with the provisions of this Act, the Merchandise Marks Act or any other law relating to standards of quality;
(f) to control the use of standardization marks;
(g) to encourage or undertake educational work in connexion with standardization;
(h) to provide for cooperation with any person, association or organization outside Malawi having objects similar to those of the Bureau;
(i) to assist any ministry, Government department, local authority, other public authority or any statutory corporation in the preparation and framing of the specifications or codes of practice required by it;
(j) to provide for cooperation with the representatives of any branch of industry, ministry, Government Department, local authority, other public authority or any statutory corporation or with any person with a view to bringing about standardization in connexion with commodities;
(k) to assess quality systems and to administer the certification by such systems thus assessed;
(l) to supply reference material for specific purposes; and
(m) to perform, in so far as it is not repugnant to or inconsistent with the provisions of any written law, such functions as the Minister may assign to the Bureau, so as to promote and maintain standardization and quality regarding commodities.
(1) The Bureau shall exercise the following powers and perform duties as are conferred on it by this Act or any other written law for the purposes of achieving the objects of the Bureau set out in section 4—
(a) to supply reference material and issue directives in connexion with such material;
(b) at the request of any person, body, organization, administration or authority and subject to the conditions determined by the Bureau, conduct examinations, tests, or analyzes or cause them to be conducted in respect of any articles, material or substances;
(c) to purchase or otherwise acquire a sample of any article in order to investigate, test or analyze it, and for the purposes of a Malawi Standard determine the sampling examination, testing or analysis procedure to be followed in order to assess whether there has been compliance with the relevant characteristics requirements or the manner of manufacture of a commodity;
(d) subject to the provisions of this Act, determine and collect cess and fees for services rendered under this Act; and
(e) in addition to any function, power or duty that the Bureau is required or empowered to perform, exercise or execute in terms of the provisions of this Act or any other written law, do everything that is conducive to the achievement of its objects or is calculated, directly or indirectly, to enhance the value of or render profitable the property or rights of the Bureau.
(2) The Bureau may in the exercise of its powers—
(a) enter into an agreement with;
(b) render assistance to; or
(c) obtain the cooperation of,
a person, body, organization, administration, authority or government in any country or territory outside Malawi.
(3) The Bureau may issue to a person—
(a) who manufactures outside Malawi a commodity, a consignment of which is intended for importation into Malawi; or
(b) who intends to import a consignment of a commodity manufactured outside Malawi; or
(c) who intends to export a consignment of a commodity manufactured inside Malawi,
a certificate in which it is declared that such consignment complies with or has been manufactured in accordance with the requirements determined under this Act.
(4) The Minister may, with the concurrence of the Minister of Finance, indemnify the Bureau against any losses which it may incur consequent upon any act or omission of the person, body, organization administration, authority or government referred to in subsection (2):
Provided that such act was performed or omission was made with the approval of or at the request of the Minister.
(5) The Bureau shall—
(a) subject to the payment of the prescribed fees, undertake the investigations or research which the Minister may assign to it; and
(b) at the request of the Minister, advise the Minister concerning any matter which is relevant to the objects of the Bureau.
The Bureau shall not be liable in respect of anything done under this Act in good faith and without negligence.
THE MALAWI BUREAU OF STANDARDS BOARD
(1) There is hereby established the Malawi Bureau of Standards Board (in this Act otherwise referred to as the "Board").
(2) The operations of the Bureau shall be managed by the Board which, subject to the special or general direction of the Minister, may exercise all the powers and functions of the Bureau in addition to the powers and functions otherwise vested in the Board by this Act.
The Board shall consist of—
(a) six members to be appointed by the Minister from the industry sector, trade sector, academic or non-Governmental organizations, who shall be persons with sufficient knowledge and experience in matters relating to the objects of the Bureau; and
(b) the following ex officio members—
(i) the Comptroller of Statutory Corporations or his designated representative;
(ii) the Secretary for Industry and Trade or his designated representative; and
(iii) the Secretary for Health or his designated representative.
(1) The Minister shall designate one of the members appointed under section 8, other than an ex officio member, as a Chairperson of the Board.
(2) The members of the Board shall, at their first meeting, elect a Vice-Chairperson.
(1) The members, other than ex officio members, shall hold office for a period of two years but shall be eligible for reappointment for one more term.
(2) Any member, other than an ex officio member, may at any time, by, at least two weeks notice in writing to the Minister, resign from his office.
(3) The office of a member, other than an ex officio member, shall become vacant—
(a) upon his death;
(b) if he is mentally or physically incapable of performing his duties as a member of the Board;
(c) if he is adjudged bankrupt;
(d) if he is convicted of an offence and sentenced to imprisonment for a term of six months or more without an option of a fine;
(e) if he is guilty of gross misconduct and is so notified in writing by the Minister;
(f) if he is absent from three consecutive meetings of the Board, for which he has had notice, without any reasonable excuse.
(4) Any person who—
(a) is a Member of Parliament;
(b) is a Minister or Deputy Minister;
(c) is a holder of a licence under this Act;
(d) is an employee of a holder of a licence;
(e) is a director of a company holding a licence under this Act;
(f) holds five per cent or more shares in a company holding a licence under this Act;
(g) has, in the last seven years, been convicted of an offence under this Act, or an offence involving fraud or dishonesty by a competent court in Malawi or elsewhere; or
(h) is in a position where there is a material conflict of interest between the interests of the member as member of the Board and the business interest of that member,
shall be disqualified from being appointed as a member of the Authority.
The members shall be paid such allowances as the Minister may, from time to time, determine.
(1) The Chairperson of the Board shall call meetings of the Board at such places and times as the Chairperson may determine.
(2) The Chairperson shall preside over every meeting of the Board but in the absence of the Chairperson from any meeting of the Board, the Vice-Chairperson shall preside over such meeting and in the absence of both the Chairperson and the Vice-Chairperson from any such meeting, the members present shall elect one of their number other than a member of ex officio to preside at that meeting.
(3) The person presiding over any meetings of the Board shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(4) A meeting of the Board shall be held at least once in every three months and at such other times and at such places as the Chairperson may determine.
(5) At all meetings of the Board, two thirds of the members shall form a quorum.
(6) A decision of the Board shall be a resolution of the majority of members present at any meeting and, at all meetings of the Board.
(7) The Board may invite, for such a period of time as it thinks fit, any person whose knowledge or advice it may require, and the person invited may take part in the deliberations of the meeting of the Board but shall not be entitled to vote at any such meeting or be counted as a member for the purpose of forming a quorum.
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