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Uganda National Bureau of Standard Act
Uganda National Bureau of Standard Act
Uganda National Bureau of Standard Act
Arrangement of Sections.
Section
Interpretation.
1. Interpretation.
The council.
Staff.
11. Director.
12. Other staff.
13. Inspectors.
14. Powers of inspector.
Establishment of standards.
26. Offences.
27. Penalties for offences.
28. Offence by corporate bodies.
29. Offence by servants, agents, etc.
30. Aiding and abetting an offence.
31. Defence to offence.
Financial provisions.
32. Funds.
33. Power to borrow.
34. Estimates.
35. Accounts.
36. Audit.
37. Investment of surplus funds.
Miscellaneous.
Interpretation.
1. Interpretation.
(3) The bureau may, for the purposes of this Act, purchase, hold,
manage and dispose of movable or immovable property and may enter into
such contracts or transactions as may be necessary or expedient.
(2) In the performance of its functions under this Act, the bureau
shall, so far as practicable, consult and cooperate with any body, organisation
or association in Uganda or outside Uganda, having functions similar to those
prescribed by this Act or relating to industrial or commercial standards
generally with a view to furthering the functions of the bureau.
The council.
(4) The council may invite any person, whose assistance or advice it
may require, to attend its meetings; any such person shall not have a right to
vote.
(2) A member of the council may resign his or her office by giving
one month’s notice in writing under his or her hand addressed to the
chairperson.
7. Remuneration of members.
(1) There shall be paid to the members of the council, other than the
ex officio members, such remuneration as the Minister may from time to time
determine.
(2) There shall be paid, from the funds of the bureau, such travelling,
sitting and other relevant expenses to the members of the council and
committees as the Minister may determine.
9. Meetings.
(2) The chairperson may, at any time, call a meeting of the council
and shall call a meeting of the council within fourteen days of the receipt by
him or her of a written request signed by not less than seven members of the
council.
(4) The chairperson shall preside at all meetings of the council; in the
absence of the chairperson, such member as may be elected by the members
present and voting shall preside.
(5) When votes are equally divided, the chairperson shall have a
casting vote.
(7) The chairperson may invite any person to attend and to speak on
any matter at any meeting of the council; the person so invited shall have no
right to vote.
(8) Subject to this Act, the council may, with the approval of the
Minister, regulate its own procedure.
Staff.
11. Director.
(2) The director shall hold office for such period and subject to such
terms and conditions as the Minister may determine.
(1) The council may appoint such other officers or employees of the
bureau as it may consider necessary for the efficient performance of the
functions of the bureau under this Act.
(2) The officers or employees of the bureau shall serve on such terms
and conditions as the council may determine.
13. Inspectors.
(1) The director may, with the approval of the council, by notice in
the Gazette, appoint such number of standards inspectors as he or she may
deem necessary for the purposes of this Act, on such terms and conditions as
may be specified in the instruments of appointment.
(2) Any inspector entering any premises under subsection (1) may
take with him or her such equipment and may be accompanied by such
persons as are required in the performance of his or her duty.
(3) Any sample, material or document taken under this section may
be selected at random.
Establishment of standards.
(1) The council may declare a specification for any commodity or for
the manufacture, production, processing, treatment or performance of any
commodity to be a standard specification for the purposes of this Act, and
may amend or revoke any such declaration.
(2) The council may declare a set of recommended practices for any
process, installation, construction, testing, operation or use of any article or
device to be a code of practice for the purposes of this Act.
(1) Subject to subsection (2), the council may, with the approval of
the Minister, by notice in the Gazette, declare a mark which may have been
adopted by the council to distinguish goods that conform to a standard
specification from goods that do not so conform, to be a standards mark in
respect of those goods, and may in like manner abolish or amend the mark.
(2) The council or the person acting under the authority of the council
may grant the permit subject to such conditions as it or he or she may think
fit to impose.
(3) A permit granted under this section shall be valid for twelve
months and may be renewed by the council or a person acting under the
authority of the council.
(2) The council shall not recommend any standard for being declared
a compulsory standard, unless it is satisfied that it is not practicable to
achieve the purposes of the standard specification otherwise than by means
of making it compulsory.
(2) Every person who has lodged an objection under subsection (1)
shall be entitled to appear before the council or such person as the council
may designate and be heard in person or through a representative at such time
and place as the council may determine.
(3) The council or the person acting under the authority of the council
may grant the permit subject to such conditions as the council or that person
may think fit to impose.
(4) A permit granted under this section shall be valid for twelve
months and may be renewed by the council or a person acting under the
authority of the council.
22. Samples.
(1) Every person to whom a permit has been granted under this Act
shall, if and whenever required by the council so to do, submit for
examination or testing a sample of the commodity in respect of which the
permit has been granted, or submit any information relating to the
manufacture of, and testing done by him or her on, that commodity.
(2) The council may, at any time, vary the conditions of a permit
granted under this Act.
25. Appeals.
(2) The director shall within fourteen days forward the appeal to the
Minister with such comments as he or she may think fit.
26. Offences.
(2) Any person who contravenes section 16(3), 20(1) or 21(1) or (2)
commits an offence.
(4) The court convicting a person for an offence under this Act may
in addition to the penalty provided for in subsections (1) and (2)—
(a) order the confiscation of all or any part of the commodity the
subject matter of the offence or the implement, as the case may
be, and the commodity or implement shall be disposed of in such
manner as the court may direct; and
(b) make such other order as may be necessary to meet the ends of
justice.
Every person who aids or abets the commission of an offence under this Act
commits the like offence and is liable to the like penalty.
(2) In order to avail of the defence provided for in subsection (1), the
person shall, not later than seven days after the commission of the offence,
send to the inspector a copy of the written assurance, along with the name
and postal address, if any, of the person who gave the written assurance.
(3) Any person who sets up in his or her defence a written assurance
which he or she knows or has reason to believe to be forged or false commits
an offence and is liable on conviction to a fine not exceeding twenty
thousand shillings or to imprisonment for a term not exceeding two years or
to both such imprisonment and fine.
(4) For the purposes of this section, any statement which is contained
in any document associated with any commodity by way of delivery note,
invoice or label shall be deemed to be a written assurance.
(5) The defence provided for in this section shall not be available in
respect of a written assurance given from outside Uganda.
Financial provisions.
32. Funds.
(1) The bureau may, with the prior approval of the Minister
responsible for finance, borrow such sums of money as may be required for
the performance of its functions and the discharge of its obligations under
this Act.
34. Estimates.
Before the beginning of each financial year, the council shall forward to the
Minister for his or her approval estimates of the income and expenditure of
the bureau for the next financial year.
35. Accounts.
(1) The bureau shall keep books of account of all its income and
expenditure and proper records in relation to them.
36. Audit.
(1) The accounts of the bureau shall in respect of each financial year
be subject to audit by the Auditor General or an auditor appointed by him or
her.
(2) The council shall ensure that within three months from the end of
each financial year, a statement of account of the bureau is prepared and
submitted to the Auditor General for auditing.
(3) The Auditor General shall audit and deliver to the council a copy
of the audited accounts together with his or her report on them not later than
three months from the date of his or her receipt of the statement of account
from the council.
(4) The council shall, within one month from the receipt of the
audited accounts and the Auditor General’s report on them, deliver copies of
the audited accounts and the report to the Minister who shall present them
to Parliament.
Such funds of the bureau as are not immediately required for use shall be
invested in such manner as the council may, with the prior approval of the
Minister responsible for finance, determine.
Miscellaneous.
Any document may be served on the bureau by leaving it at the office of, or
by sending it by registered post to, the director.
40. Annual report.
The council shall, within three months of the end of each calendar year, send
to the Minister a report on the activities of the bureau for that year.
Any person who is or has been engaged in the employment of the bureau,
who discloses, except for the purposes of exercising the function under this
Act, or when required to do so by a court, or by any written law, any secret
information acquired by him or her in the course of his or her employment,
commits an offence and is liable on conviction to a fine not exceeding fifteen
thousand shillings or to imprisonment for a term not exceeding two years or
to both such fine and imprisonment.
42. Byelaws.
(1) The council may, with the prior approval of the Minister, make
byelaws not inconsistent with this Act generally for the conduct of the
business of the bureau, including the control of the management and staff of
the bureau.
43. Regulations.
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