THE GAZETTE OF PAKISTAN
EXTRAORDINARY
PUBLISHED BY AUTHORITY
ISLAMABAD, SUNDAY, MARCH 17, 1996
P A R T
I
THE GAZETTE OF PAKISTAN, EXTRA., MARCH 17,
1996
ACT No. VI OF 1996
An Act to provide for the establishment of
Pakistan Standards and Quality
Control Authority
WHEREAS it is expedient to establish a Pakistan Standards and
Quality Control Authority to provide for
the standardization ands quality control services:
It is hereby enacted as follows: -
CHAPTER I
PRELIMINARY
1. Short
title, extent and commencement. –
(1)
This Act may be called the Pakistan Standards and
Quality Control Authority Act, 1996.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
2. Definitions. – In this Act, unless
there is anything repugnant in the subject or context: -
(a)
“Authority” means the Pakistan Standards and Quality
Control Authority established under section 3:
(b)
“Advisory Council” means the Advisory Council appointed
under section 6:
(c)
“article” means (as respects standardization and
marking) any substance, artificial or natural, or partly artificial or party
natural, whether raw or partly or wholly processed or manufactured, but does
not include any article to which the Agricultural Produce (Grading and Marking)
Act, 1973 (I of 1937), for the time being applies :
(d)
“Board” means the Board of Directors constituted under
section 5;
(e)
“certificate” means certificate granted under this Act
to use either Authority standard quality mark or the Authority conformity mark
or Authority safety mark in relation to any article :
(f)
“Director-General” means the Director General of the
Authority ;
(g)
“Inspector” means an Inspector appointed by the
Authority under section 15 ;
(h)
“licence” means a licence granted under this Act to use
Pakistan Standard and Quality mark in relation to any article, product or
process which conforms to the relevant Pakistan Standard ;
(i)
“metrology” means the field of knowledge concerned with
measurements and includes units of measurement and their field of application
and all theoretical and practical problems relating to measurements ;
(j)
“Pakistan standard” means the standard (including any
tentative or provisional standard) est6ablished and published by the Directorate
of Standards of the Authority ;
(k)
“Pakistan Standards Institution” means the institution
set-up under the Resolution of the Government of Pakistan in the Late Ministry
of Commerce and Industries (Industries Division) No.1-1-22(1)/58, dated the 3rd
day of October, 1958, and registered under the Societies Registration Act, 1860
(XXI of 1860) ;
(l)
“prescribed” means prescribed by rules made under this
Act ;
(m)
“process” includes any practice, treatment and made
under this Act ;
(n)
“product” means raw material, semi-finished or finished
products ;
(o)
“quality” means conformity to a given requirement or
specification of a product or service ;
(p)
“quality assurance” means a system of activities whose
purpose is to provide an assurance that the overall quality control is in fact
being done effectively ;
(q)
“quality control” means control over the quality of all
the industrial and processed goods, their manufacturing processes and testing
methods by the Authority ;
(r)
“rules” means rules made under this Act ;
(s)
“standard” means a technical specification or other
document available to the public, drawn up with the cooperation and consensus
or general approval of all interests effected by it, based on the consolidated
results of science, technology and experience aimed at the promotion of optimum
community benefits and approved by the Authority ;
(t)
“testing” means the action or process of examining a
substance under known condition in order to determine its identity and quality
or one of the constituents and includes the action by which the physical
properties, materials and machines are tested in order to determine their
particular requirements or performances; and
(u)
“training” means training of technical staff in the
field of standardization, testing, quality control, legal metrology, inspection
and industrial research of the concerned departments and industries in Pakistan
as well as of trainees from other friendly countries.
CHAPTER II
3. Constitution of the Authority.
–
(1)
There shall be established an Authority to be known as
the Pakistan Standards and Quality Control Authority to carry out the purposes
of this Act.
(2)
The Authority shall be a body corporate having
perpetual succession and a common seal, with power subject to the provisions of
this Act, to acquire and hold property, both movable and immovable, and shall
by the said name sue and be sued.
(3)
The headquarters of the Authority shall be at Karachi
and it may, with the prior approval of the Federal Government set-up regional
offices at such places as, when and where required.
(4) Management. –
(1)
The general direction and administration of the
Authority and its affairs shall vest in the Board which may exercise all powers
and do all acts and things which may be exercised, or done by, the Authority.
(2)
The Board shall in discharging its functions act on
sound principles of standardization, quality control, testing and metrology and
shall be guided on questions of policy by such directions as the Federal
Government may give from time to time.
(3)
If any question arises as to whether any matter is a
matter of policy or not, the decision of the Federal Government shall be final.
5. Constitution of the Board.-
(1)
The Board shall consist of the following members,
namely :-
(i)
Minister
for Industries, Government of Pakistan………..
Chairman.
(ii)
Director
General of the Authority………………………. Vice-Chairman.
(iii)
Deputy
Director General (Finance) of the Authority……. Member.
(iv)
Deputy
Director General (Standards Development) of the
Authority……………………………………………………
Member.
(v)
Deputy
Director General (Quality Control) of the Authority… Member.
(vi)
Deputy
Director General (Technical Services) of the Authority…Member.
(vii)
A
representative of the Ministry of Commerce, Government of
Pakistan………………………………………………………Member.
(viii)
A
representative of the Federation of Pakistan Chambers of
Commerce and Industry………………………………..………. Member.
(ix)
Secretary
of the Authority…………………………..…... Member/Secretary.
(2)
No act or proceeding of the Board shall be invalid
merely on the ground of the existence of any vacancy, or any defect, in the
constitution of the Board.
(3)
The members of the Board, except the Chairman, shall
receive such salary and allowances and shall be subject to such conditions of
service as may be determined by the Federal Government.
(4)
No person shall continue to be a member who –
(a)
is or, at any time, has been convicted of an offence
involving moral turpitude ; or
(b)
is or, at any time, has been adjudicated insolvent ; or
(c)
is found to be a lunatic or of unsound mind ; and
(d)
has a financial interest in any scheme or a conflicting
interest directly or indirectly and has failed to disclose such interest in
writing to the Federal Government.
6. Advisory
Council.-
(1)
There shall be an Advisory Council to be appointed by
the Federal Government for carrying out the activities of various directorates
of the Authority.
(2)
The Advisory Council shall consist of the following
members, namely :-
(i)
Secretary,
Ministry of Industries, Government of Pakistan Chairman.
(ii)
Three
Members of the National Assembly and one Senator Member.
(iii)
A
representative of Ministry of Finance Member.
(iv)
A
representative of Ministry of Science and Technology Member.
(v)
A
representative of Ministry of Commerce Member.
(vi)
A
representative of Ministry of Defence Member.
(vii)
A
representative of Ministry of Education Member.
(viii)
A
representative of Ministry of Communications
Member.
(ix)
A
representative of Ministry of Food and Agriculture Member.
(x)
A
representative of Ministry of Health Member.
(xi)
A
representative of Ministry of Petroleum & Natural Resources Member.
(xii)
A representative of Ministry of Water and Power.
Member.
(xiii)
A representative of Ministry of Housing and
Works Member.
(xiv)
A representative of each Provincial Government. Member.
(xv)
A representative of University Grants
Commission Member.
(xvi)
A representative of Pakistan Council of
Engineers. Member.
(xvii)
A representative of Scientific and Research
Institution Member.
(xviii)
A representative of Consumers Organization Member.
(xix)
A representative of Federation of Pakistan Member
Chamber
of Commerce and Industry and one representative
each of the Chambers of Commerce and
Industry at Karachi, Lahore, Quetta and
Peshawar.
(xx)
Director General, Pakistan Standards and
Quality Member/Secretary Control
Authority
7. Director-General.-
(1)
There shall be a Director General of the Authority who shall be the chief
executive of the Authority and shall be appointed by the Federal Government.
2.
The Director General and other members shall discharge
such duties and perform such functions as are assigned to them by or under this
Act.
3.
Until the Board is duly constituted, the Director
General shall, subject to such directions as the Federal Government may given
from time to time, exercise the powers, and perform the function of the Board.
(4) The officers
of the Authority shall have such powers and shall perform such functions as may
be assigned to them by the Director General.
CHAPTER III
8. Power
and functions of the Authority.-
The
powers and functions of the Authority shall be -
(i)
designing, measuring and testing instruments and test
procedures :
(ii)
inspection and testing of products and services for
their quality, specification and characteristics, during use and for import and
export purposes ;
(iii)
to review of matters which may be necessary for quality
improvement of products or processes ;
(iv)
preparation, implementation, co-ordination or arranging
of the training programmers on
standardization, quality control
testing and weights and measures, for technical staff of the Authority, other
organizations and trainees from foreign countries ;
(v)
setting up, assisting in, establishing and authorizing
various inspection and testing centers and agencies at important industrial
sites and towns ;
(vi)
providing for the quality labeling standards which
shall specify ingredients, performance, specification, usage, methods and other
relevant quality control matters ;
(vii)
grading the products when requested by manufacturers,
or when-ever necessary for the purpose of quality improvement ;
(viii)
setting up the mode of inspection and the manner in
which samples may be obtained ;
(ix)
examination of manufacturing plants for the designated
products or processes for approval of marks of the Authority ;
(x)
to stop
manufacture, storage and sale of such products which do not conform to the
Pakistan or any other country’s standards recognized by the Authority ;
(xi)
inspection
and taking of samples of any material or product for examination as to whether
any article or process in relation to which any of Authority mark has been used
conforms to the Pakistan standard or a standard of any other country recognized
by the Authority or whether any of the Authority mark has been improperly used
in relation to any article or process with or without licence or certificate ;
(xii)
specification
of the manner and condition subject to which a license or certificate to use
any of the Authority marks may be granted or renewed, suspended, cancelled or
withdrawn ;
(xiii)
granting,
renewal, suspension, cancellation or withdrawal of a license or certificate for
the use of any of the Authority marks ;
(xiv)
levying
of fees, for marking, grant or renewal of any license or certificate in
relation to use of any of the Authority marks ;
(xv)
levying
of fees for checking, inspection and testing of products for import, export or
local consumption ;
(xvi)
framing
and publishing, amending, revising or withdrawal of the Pakistan Standards in
relation to any article, product, process ;
(xvii)
determination
of Pakistan Standards for the measurement of length, weight, volume energy and
materials ;
(xviii)
collection,
circulation of statistical and other information relating to standardization,
quality control, metrology, applied research ;
(xix)
establishment,
maintenance of libraries, museum, laboratories and accreditment of other
laboratories for the purpose of furthering the practices of standardization,
metrology and quality control ;
(xx)
communication
with public and Governmental agencies on national and international levels, on
matters connected with standardization and other activities of the Authority
through circulars, books, public media or through seminars, symposia, workshops
and printing and publishing such circulars and books ;
(xxi)
securing
recognition of the Pakistan Standards and confidence in Pakistani products
abroad ;
(xxii)
registration
of inspection agencies ;
(xxiii)
coordination
and cooperation with other national, regional and international organizations,
associations, societies, institutions or councils, whether incorporate or not,
whose objects are wholly or in part similar to those of the Authority ; and
(xxiv)
constitution
of committees for carrying out the schemes and programmers of the Authority.
9.
Authentication
of orders and other instruments of the Authority. – All orders, decisions
and all other instruments issued by the Authority shall be authenticated only
by the signatures of such officers or officers who are author5ized by the
Authority in this behalf.
10.
Prohibition of
improper use of Authority marks. – No person shall use, in relation to any
article, product or process or in the title of any patent or in any trade marks
or design the Authority marks except under a license or certificate issued
under this Act.
11.
Prohibition of
use of certain names, etc.-No person shall with out the previous permission
of the Authority and subject to such conditions as may be prescribed, use
-
(a)
any name which may resemble the name of the Authority
or contain the expressions
“Pakistan standard” or “Pakistan standard specification” or
any abbreviation of such expression ; or
(b)
any mark or trade mark in relation to any article or
process containing the expressions “Pakistan standard specification” or any
abbreviation of such expressions.
12. Prohibition of registration in certain cases.-
(1)
Notwithstanding anything contained in any law for the
time being in force, no registering body shall register any company, firm or
any body of persons or a trade mark or design or grant a patent, in respect of
an invention which bears a title containing any name or mark in contravention
of provisions of sections 10 or 11.
(2)
Where any question arises before a registering
authority whether the use of any name or mark is in contravention of section 10
or section 11, the registering authority may refer the question to the Federal
Government whose decision thereon shall be final.
13. Power
to prohibit or restrict export of certain articles. –
(1)
The Federal Government may, by notification in the
official Gazette and subject to such conditions and exceptions imposed by the
Authority issuing a license or certificate, prohibit, restrict or otherwise
control the taking out of Pakistan of articles of any specified description
which do not bear the Authority mark or regulate practices, including trade
practice and procedure connected with the export of such articles.
(2)
Any article specified in the notification issued under
sub-section (1) shall be deemed to be the goods of which taking out of Pakistan
has been prohibited or restricted under section 16 of the Customs Act, 1969 (IV
of 1969), and all the provisions of that Act shall have effect accordingly.
14. Power to prohibit,
manufacture, keeping in stock and sale of certain articles.-
(1)
The Federal Government may, in consultation with the
Authority and by notification in the official Gazette, prohibit, with effect
from such date as may be specified in the notification, the manufacture,
storage and sale of any article specified therein which does not conform to the
Pakistan Standard.
(2)
The Federal Government may, by notification in the
official Gazette, require any article which conforms to a particular Pakistan
standard to be marked with such distinctive mark as may be specified in the
notification.
15. Inspectors. –
(1)
The Authority may appoint Inspectors for the purpose of
enforcing quality control and inspection of article or process in relation to
which any of the Authority mark has been used and for the purpose of performing
such functions as may be assigned to them.
(2)
Subject to any rules made under this Act, an Inspector
shall have power to-
(a)
Inspect
any operation carried on in connection with any article or process in relation
to which any of the Authority mark has been used;
(b)
take
samples of any article, or of any material or substance used in any article or
process, in relation to which any Authority mark has been used ;
(c)
seize
and detain for such time as may be necessary any article to which he believes any
provision of this Act has been contravened ; and
(d)
stop,
search or seize any aircraft, ship or any transport vehicle in which he
believes on reasonable grounds that any article subject to the provisions of
this Act, is being transported thereon does not conform to Pakistan standard.
(3)
Every Inspector shall be issued by the Authority a
certificate of appointment which shall be produced by the Inspector on demand.
(4)
Any person who obstructs or impedes in performance of
duties of an Inspector or any other authorized officer shall be guilty of an
offence punishable under section 22.
(5)
Any article seized under this Act may, at the option of
the Inspector, be kept or stored in the premises where it was seized or may at
the direction of the Inspector be removed to any other place.
(6)
The Inspector shall release any article seized by him
under this Act when he is satisfied that all the requirements of the Act with
respect thereto have been complied with.
(7)
Any person who, without the authority of an Inspector,
removes, alters, or interferes in any way with any article seized under this
Act, shall be guilty of an offence punishable under section 22.
(8)
Any person who knowingly makes any false or misleading
statements either verbally or in writing to any Inspector engaged in carrying
out his duties under this Act shall be guilty of an offence punishable under
section 22.
16. Power
to obtain information, etc. –
Every licensee shall supply the Authority with such
information and with such samples of any material or substance used in relation
to any article or process as the Authority may require.
17. Powers
of Authority to other bodies, etc.-
The Federal Government may, in
consultation with the Authority and by notification in the official Gazette,
direct that any power exercisable by the Authority under this Act shall, in
relation to such matters and subject to such conditions as may be specified in
the direction, be exercisable also by such body or such organization as may be
specified in the notification.
18. Appeals.
–
(1)
Any person aggrieved by an order passed by the
Authority or by a person or body acting as Authority under clause (xiii) of
section 8. may prefer an appeal to the Court of Session.
(2)
The appeal shall be presented in such form and manner
and within such time and on payment of such fee as may be prescribed.
(3)
The Court of Session shall dispose of the appeal after
giving the appellant an opportunity of
being heard and shall, in dealing with appeals under this section, follow such
procedure as specified in the Code of Criminal Procedure, 1898 (Act V of 1898).
19. Certain
matters to be kept confidential. –
Any information coming into
notice of the Authority or any of its officer in relation to any article or
process subject to this Act shall be treated as confidential and shall not be
communicated or revealed to any person :
Provided that nothing in this section shall apply to the
disclosure of any information for the purpose of prosecution under this Act.
20. Penalty
for improper use of Authority marks, etc. –
(1)
Any preson who contravenes the provisions of sections
10, 11 or 12, shall be punishable with imprisonment of either description for a
term which may extend to one year, or with fine which shall not be less than
thirty thousand rupees, or with both.
(2)
A court convicting a person under this section may
direct that any property in respect of which the contravention was made shall
be forfeited to the Federal Government.
21. Penalty
for contravention of section 13. –
If any person contravenes the
provisions of any notification issued under section 13 or of any licence or
certificate issued there-under, he shall without prejudice to confiscation of
property or penalty to which he may be liable under the provision of the
Customs Act, 1969 (IV of 1969), as applied by sub-section (2) of the said
section 13, be punishable with imprisonment of either description for a term
which may extend to one year, or with fine which shall not be less than fifty
thousand rupees, or with both.
22. Penalty
for other contraventions. –
Whoever contravenes any of the
provisions of this Act or any rule made or notification issued thereunder, including
a notification issued under Section-14, prohibiting, manufacture, storage or
sale of an article not conforming to the Pakistan Standard shall, if no other
penalty is elsewhere provided under this Act, be punishable with imprisonment
of either description for a term which may extend to one year, or with fine
which shall not be less than fifty thousand rupees, or with both.
23. Cognizance
of offences by courts. –
No court inferior to that of a Magistrate of the First Class
shall try any offence punishable under this Act.
24. Protection
of action taken this Act. –
No suit, prosecution or other
legal proceeding shall lie against the Federal Government or the Authority or
any person acting under the authority of the Federal Government or the
Authority for anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or regulation made thereunder.
25. Power
to exempt. –
The Federal Government may, by notification in the official
Gazette, exempt any article or class of articles from the operation of all or
any of the provisions of this Act.
26. Power
to make rules. –
The Federal Government may, be notification in the official
Gazette, make rules to carry out the purposes of this Act.
27. Power
to make regulations. –
The Authority may, with the
previous approval of the Federal Government, by notification in the official
Gazette, make regulations not inconsistent with this Act or the rules to carry
out the purposes of this Act, including procedure for holding meetings of the
Authority.
CHAPTER IV
ESTABLISHMENT
28. Appointment of officers,
servants, etc., by the Authority. –
(1)
This Authority may, from time to time, create posts and
appoint such officers, servants, experts or consultants as it may consider
necessary for the performance of its functions on such terms and conditions as
may be prescribed :
Provided that appointment to the posts in Basic Pay scale 20
or above shall not be made except with the previous approval in writing of the
Federal Government.
(2)
The Authority shall lay down the procedure for the
appointment of its officers, servants, experts and consultants, and the terms
and conditions of their service, including the constitution and management of
pension and gratuity for them, and shall be competent to take disciplinary
action against them.
29. Appointment
of officers, servants etc., by the Director General in cases of urgency. –
Subject
to section 28, the Director-General may, in cases of urgency, appoint such
officers, servants, experts or consultants and on such terms and conditions as
may be recommended by a selection committee, constituted under the rules :
Provided that every appointment
made under this section shall be reported to the Board and Authority without
unreasonable delay and in no case beyond six months.
30. Members
and officers etc. to be public servants. –
The
Director General, members, officers, servants, experts and consultants of the
Authority shall, when acting or purporting to act in pursuance of any of the
provisions of this Act, be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code (XLV of 1860).
31. Delegation
of powers to the Director-General etc. –
The
Authority may, by general or special order and subject to such conditions as it
may think fit to impose, delegate to the Director-General or a member, or an
officer of the Authority, all or any of its powers or functions under this Act.
CHAPTER V
FINANCE 32. Funds. –
(1)
There shall be created a fund to be known as the
Pakistan Standards and Quality Control Authority Fund which shall vest in the
Authority and shall be utilized by the Authority to meet charges in connection
with its functions under this Act including the payment of salaries and other
remuneration to the Director-General, members, officers, servants, experts and
consultations of the Authority.
(2)
The Pakistan Standards and Quality Control Authority
Fund shall be financed from the following sources: -
(a) grants or loan made by
the Federal Government ;
(b) loans, aid and donations
from the national or international agencies ; and
(c) revenue earned from the
levy of various types of fees, such as marking fee, testing fee, registration
fee and from the sale of standards.
(3) All sums
payable to the Authority may be recovered as an arrear of land revenue.
33. Budget. –
The
Authority shall, in respect of each financial year, submit for approval of the
Federal Government, on such date as may be prescribed a statement of the
estimated receipts and expenditure, including requirements of foreign exchange
for the next financial year.
34. Audit and accounts. –
(1)
The accounts of the Authority shall be audited every
year by the Auditor General of Pakistan Revenue in such manner as may be
prescribed.
(2)
Copies of the audit reports shall be sent to the
Federal Government alongwith the comments of the Authority.
(3)
The audit report shall be available for public
inspection.
(4)
The Federal Government may issue directions to the
Authority for rectification of any items objected to by the Auditor General of
Pakistan Revenue and the Authority shall comply with such directions.
35. Save,
as provided in the rules or regulations, the Deputy Director-General (Finance)
of the Authority shall be consulted on every new proposal of expenditure.
CHAPTER VI
MISCELLANEOUS
36. Submission of yearly reports
and returns. –
(1)
As soon as possible after the end of every financial
year but before the last day of the month of December of that year, the
Authority shall submit to the Federal Government a report on the conduct of its
affairs for that year.
(2)
The Federal Government may, after giving sufficient
notice to the Authority, require it to furnish the Government with -
(a)
any
return, statement, estimate, statistics, or other information regarding any
matter under the control of the Authority ;
(b)
a
report on any subject with which the Authority is concerned; and
(c)
a
copy of any document in the charge of the Authority.
37. Dissolution of the
department of Central Testing Laboratories and the Pakistan Standards
Institution. –
Upon the commencement of this
Act, the department of Central Testing Laboratories and the Pakistan Standards
Institution hereinafter referred to as the said organizations, shall stand
dissolved, and -
(i)
all assets, rights, powers, authorities and privileges
and all properties, movable and immovable, cash and bank balance, reserve
funds, investment and all other interests and rights in, or arising out of such
properties and all debts, liabilities and obligations of whatever kind of the
said organizations subsisting immediately before their dissolution shall
standard transferred to and vest in the Authority.
(ii)
all officers and other employees of the said
organizations shall, notwithstanding anything contained in any law or in any
agreement, deed, document or other instrument, stand absorbed and transferred
to the Authority after obtaining prior option from the employees of the said
organizations and shall be deemed to have been appointed or engaged by the
Authority in accordance with the terms and conditions which shall not be less
favourable than in their previous organizations; and no officer or other
employee whose services are so absorbed and transferred shall be entitled to
any compensation because of such absorption or transfer ;
(iii)
all debts and obligations incurred or contracts entered
into or rights acquired and all matters and things engaged to be done by, with
or for the said organizations before their dissolution shall be deemed to have
been incurred, entered into, acquired or engaged to be done by, or for, the
Authority; and
(iv)
all suits and other legal proceedings instituted by or
against the said organizations before their dissolution shall be deemed to be
suits and proceedings by or against the Authority and may be proceeded or
otherwise dealt with accordingly.
38. Removal
of difficulties. –
The Federal Government may, for
the purpose of removing any difficulty in relation to the absorption and
transfer and other matters specified in section 37, make such order as it
considers expedient and any such order shall be deemed to be, and given effect
to, as a part of the provisions of this Act.
39. Repeal.
–
The Pakistan Standards Institution (Certification Marks)
Ordinance, 1961 (XLVIII of 1961), is hereby repealed.
__________
ABDUL QAYYUM KHAN,
Secretary.
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