SECTIONS
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Functions of the Organisation.
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Standard Library.
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Power to charge for services.
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Appointment, etc. of Director-General.
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Director-General to be administrative head of the Organisation.
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Special responsibilities of the Director-General.
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Number of Directors and their duties.
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Staff regulations.
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Pensions.
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Exemption from liability in the course of employment.
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PART V - FINANCIAL PROVISIONS
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Fundof the organisation.
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Expenditure of the organisation.
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Annual Estimates.
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Accountsand audits.
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Annual report.
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Power to borrow.
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Power to accept gifts.
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Budget and expenditure.
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Procedure for establishment of Industrial Standards.
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Standards to be known as Nigerian Industrial Standards.
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Certificate marks.
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Offences in relation to standards.
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Power of the Minister to declare established standards as binding.
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Designationof ports for special entry.
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Powers of Director-General in relation to hazardous products.
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Powerto enter premises.
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Evasion of fees, levies, etc.
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Offences.
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Offences by bodies corporate.
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Commencement of legal proceedings.
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Jurisdiction and prosecution of offences.
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Application of fines.
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Application to the Federal High Court for direction.
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Indemnity of members and employees of the organisation.
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Limitation of suits against the organisation.
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Service of processes, documents, etc.
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Onus of proof in certain cases.
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Restriction on execution against the property of the organisation.
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Certain acts notinterpreted as assurances or guarantees
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Reports
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Power to make test purchases.
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Recall of products.
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Destruction of violative goods.
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Statement in document.
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Powerto make rules.
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Repeal and savings.
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Interpretation.
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Citation.
STANDARDS ORGANISATION OF NIGERIA ACT, 2015 ACT No.14
An Act to repealthe Standards Organisation of Nigeria Act, cap S9 Laws of the Federation of Nigeria, 2004 and enact the Standards Organisation of Nigeria Act, 2015 for the purpose of providing additional functions for the organisation, increasing penalty for violations; and for related matters
[26th Day of May, 2015) Commencement.
ENACTED by the National Assembly of the Federal Republic of Nigeria
Establishment of the Standards Organisation of Nigeria.
1-(1) There is the Standards Organisation of Nigeria (in this Act referred to as “the Organisation").
(2) The Organisation-
(a) Shall be a body corporatewith perpetual succession and a common seal;
(b) May sue and be sued in its corporate name ;and
(c) May acquire ,hold or dispose of any property, whether movable or immovable.
Power of the Minister to give directives to the Organisation.
2.-{1) Subject to the provisions of this Act, the Minister may give general or special directives to the Organisation and the Organisation shall comply with and give effect to such directives.
(2) TheOrganisation shall give to the Minister such information and returns relating to its activities as the Minister may, from time to time, require.
The Standards Council of Nigeria.
3-(1) There is established for the Organisation the Standards Council of Nigeria (in this Act referred to as "the Council") which shall consist of-
(a) A Chairman;
(b) One representative, each from the Federal Ministry of
(i) Agriculture andRural Development,
(ii) Defence,
(iii) Trade and Investment,
(iv) Finance,
(v) Works,
(vi) Health,
(vii) Science and Technology,
(c) Onerepresentative from each of the following fields of activity, recommended by the Minister after consultation with the appropriate body, if any-
(i) Universityeducation and research,
(ii) Chambers of commerce, industry and mines,
(iii) Engineeringand engineering consultancy services,
(iv) Processing and manufacturing,
(v) Construction industry
(vi) Employer’s association .and
(vii) Consumer’s association:
(d) one person not employed in the public service who shall be a person of unquestionable integrity and appearing to the Minister to represent interest or fields of activity not otherwise represented; and
(e) the Director-General.
(2) When recommending a person for appointment to represent a Ministry, the Minister shall recommend a person, from the Ministry or any statutory corporation for which that Ministry has overall control or responsibility to represent such Ministry.
(3) The President, on the recommendation of the Minister shalI appoint the Chairman and all the members of the Council.
(4) Each member of the Council shalI serve for a term of 4years and may be eligible for reappointment for a further term of 4 years and no more.
(5) Not withstanding the provisions of subsection (I), a member of the Council ceases to hold office if he—
(a) Becomes of unsound mind:
(b) becomesbankrupt or makes a compromise with creditors;
(c) is convicted of felony or any offence involving dishonesty;
(d) is guilty of serious misconduct in relation to his duties ;or
(e) is a person who has professional qualification and is disqualified or suspended (other than at his Own request) from practicing his profession in any part of Nigeria by the order of any competent authority made in respect of him personally.
(6) A member of the Council may resign his appointment by writing, under his hand, a letter addressed to the Minister, and his membership shall terminate on the date of receipt of his letter of resignation.
(7) Notwithstanding any provision to the contrary, the President may, at anytime remove any member of the Council from office if he is of the opinion that it is not in the national interest or in the interest of the Organisation for such a member to continue in office and shall cause such member to be notified to that effect
(8) A member appointed to any vacant position resulting from the application of the provision of subsection (3), (4) or (S) shall represent the same interest which the predecessor represented, and shall only complete the term which, if the predecessor had continued in office, he would have completed.
Schedule.
(9) The provision of the Schedule to this Act shall have effect with Respect to the meetings and proceedings of the Council and other matters therein mentioned.
Functions of the Council, etc
4-(1) Thefunctions of the CounciI sha11 to-
(a) Advise the Federal Government generally on the national policy on standards, standards specification, quality control and metrology;
(b) designate, establish and approve standards in respect of metrology, materials, commodities, structures and processes for the certification of products in commerce and industry throughout Nigeria;
(c) providethe necessary measures for quality control of raw materials and products in conformity with the standard specification;
(d) authorize the recognition and registration of quality certificationbodies, inspection bodies, testing laboratories calibration laboratories and qualified personnel related to these activity area operating legally; and
(e) carry out other functionsimposed on it under this Act or any other enactment.
(2) Subject to this Act, the Minister may give the Council directivesof a general character or relating generally to particular matters (but not to any individual or case) with regard to the exercise by the Council of its functions, and the Council shall comply with the directives.
Functions of the Organisation
5.-(1) Subject to the provisions of section4 of this Act, and any other law in that regard, the Organisation shall-
(a) organize tests and do everything necessary to ensure compliance with standards designated and approved by the Council;
(b) Undertake investigation as necessary into the quality of facilities, systems, services, materials and product, whether imported or manufactured in Nigeria;
Cap.W3. LFN, 2004
(i) Realize and disseminate the units of physical measurements based on the International System (SI Units) under the Weights and Measures Act,
(ii) establish,keep. maintain, develop and update the Nigerian National Primary and Reference (Secondary and Tertiary) Standards of Measurements for the SI Units traceable to international standards,
(iii) ensure that working standards used in Nigeria are traceable to the National Standards kept by the Organisation,
(iv) establish, develop and maintain a National Physical Laboratory for measurement expertise and infrastructure necessary to enable business, technology and academia to take advantage of the advances in the field of measurement, and
(v) provide measurement and calibration services to industry and government;
Indemnityof members and employees of the Organisation.
- Every member, agent, auditor or employee for the time being of the Organisation shall be indemnified out of the funds or assets of the Organisation against any liability incurred by him in defending any proceeding whether civil or criminal in which judgment is given against him in his capacity as a member, agent, auditor or employee.
Limitation of suits against the Organisation.
- (1) No suit against the Organisation, member or any employee of the Organisation, for any act done in pursuance or execution of any act, public duty or authority, shall lie or be instituted in any court unless it is commenced within 6 months next after the act, negligence or default complained of or, in the case of a continuance of damage or injury, within 6 months next after the cessation thereof.
(2) No suit shall be commenced against the Organisation before the expiration of a period of 3 months after a written notice of intention to commence the suit.
(3) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims.
Service of processes documents, etc.
- The notice referred to in section 39 (2) of this Act and any summons, notice or other document required or authorized to be served upon the Organisation, under the provisions of this Act or any other enactment or law, may be served by delivering the same to the Director-General of the Organisation or by sending it by registered post addressed to the Director-General at the Head Office of the Organisation.
Onus of proof in certain cases.
- Where in any proceeding under this Act a person is summoned or otherwise dealt with as the manufacturer, importer or seller, and such person alleges that he is not as alleged, the burden of proof shall be upon such person.
Restriction on execution against the property of the organisation.
- In any action or suit against the Organisation, no execution or attachment or process in the nature thereof shall be issued against the Organisation, but any sum of money which may be the judgment of the court be awarded against the Organisation shall be, subject to any directive given by the court where notice of appeal has been given by the Organisation in respect of the said judgment, be paid by the Organisation from the funds of Organisation from the funds of Organisation.
Certain acts not interpreted as assurances or guarantees.
- Any function performed under this Act by the Minister, the Organisation, the Council, a member of the Council, a committee, or a member of a committee, the Director-General or an employee of the Organisation in connection with the certification of any commodity, product, material, substance, service, process, act or matter, shall not be interpreted as an assurance or a guarantee of any nature in respect of that commodity, product, material, substance, service, process, act or matter.
Reports.
- (1) The Council shall, within the first three months of the next year after the end of each year, submit to the Minister a report on the activities of the Council and the Organisation during the last preceding year.
(2) The Organisation may publish in each year reports on any of its activities and when such reports are published the Organisation shall—
(a) distribute copies free to the National Assembly, departments of the Government of the Federation or a State and to such other bodies as may be approved by the Council;
(b) where appropriate, make copies available for sale to the public and other interested parties, and such reports shall be in addition to any other publication made by it under this Act.
Power to make test purchases.
- The Director-General or any other officer of the Organisation designated in that behalf shall have power to make purchases of goods as may appear expedient for the purpose of determining whether or not the provisions of this Act are complied with.
Recall of products.
- (1) The Minister may, upon the recommendation of the Organisation require the supplier of any defective commodity certified by the Organisation to—
(a) recall the commodity and all other types that were supplied to him, in the manner and within the period, specified in the order;
(b) disclose to the public, or to a class of person specified in the order in the manner and within the period so specified;
(c) the nature of any defect in any commodity identified in that order;
(d) the circumstances in which the use of the commodity is dangerous;
(e) procedures for disposal of the commodity; or
(f) notify the public or a class of persons specified in that order, that the supplier undertakes to—
(i) repair the defective commodity,
(ii) replace the defective commodity, or
(iii) refund to a person to whom the commodity was supplied the price of the commodity (whether by the supplier or by another person), within the period specified in the order.
(2) Where an order made under this section is still in force, a supplier of a commodity to which the order relates, fails to comply with the requirements or direction in the order, he commits an offence.
Destruction of violative goods.
- (1) The Organisation may order the destruction of goods detained under this Act, if—
(a) the testing indicates that the goods did not meet the relevant Nigerian Industrial Standards; and
(b) it is reasonable to destroy the goods because the goods are in a dangerous state or injurious to the health of human beings, animals or plants.
(2) In an order under sub-section (1) of this section, the Organisation may require the owner of the goods to pay the cost of the destruction of the goods including the costs of transporting and storing the goods before destruction.
(3) At least 14 days notice shall be given of the order under subsection (1) of this section, either by giving the owner of the goods a written notice or by publishing a written notice in the Federal Gazette.
Statement in document.
- In every government procurement, where compliance with standards is a requirement, no payment for execution for such contract shall be made unless compliance to the relevant standards have been verified by the Organisation.
Power to make rules.
- (1) The Council may make rules, not inconsistent with this Act, for the general and efficient performance of the functions of the Organisation.
(2) No rules under subsection (1) of this section shall be made by the Council without the prior approval of the Minister, and the rules shall be published in the Federal Gazette.
Repeal and savings Cap. 123. LFN, 2004.
- (1) The Standards Organisation of Nigeria Act No. S9 Laws of the Federation of Nigeria, 2004 is repealed.
(2) Without prejudice to section 6 of the Interpretation Act, the repeal of the enactment referred to in subsection (1) of this section shall not affect anything done under or pursuant to that enactment, and –
(a) all notices, designations and certificates issued under the repealed Act, or any other enactment, in respect of any matter dealt with in this Act, are deemed to have been issued under this Act;
(b) all regulations made under the repealed Act, or any other enactments, in respect of any matter dealt with in that Act, are deemed to have been made under this Act;
(c) the employees and appointees of the Organisation remain employees of the Organisation; and
(d) the Director-General of the Organisation appointed under the repealed Act is deemed to be the Chief Executive of the Organisation and remains in office for the unexpired of his office.
(3) The offices, rights, interest obligations and liabilities of the Council or Organisation existing before the commencement of this Act under any contract or instrument or in law or in equity, shall, by virtue of this Act, become vested in the Council or Organisation, as the case may be, and shall be of the same force and effect against or in favour and shall be enforceable fully and effectively.
Interpretation.
- (1) In this Act ---
“Chairman” means the Chairman of the Council appointed under section 3 (1) (a) of this Act;
“Council” means the Standards Council of Nigeria established under section 3 (1) of this Act;
“certification mark” means the special certification mar issued to a permitted manufacturer;
“Director-Genera” means the Director-General appointed under section 8 (1) of this Act;
“member” means a member of the Council and includes the Chairman;
“Minister” means the Minister responsible for Industries;
“Nigerian Industrial Standards” means the industrial standards established by the Council under this Act;
“Organisation” means the Standards Organisation of Nigeria established by section 1 (1) of this Act;
“permitted manufacturer” has the meaning assigned under section 25 (1) of this Act;
“State” means a State of the Federation.
(2) In this Act a reference to “officer or employee of the Organisation” is a reference to any person appointed under section 1 of this Act.
(3) In this Act, a reference to a numbered section is a reference to the section so numbered in this Act.
Citation.
SCHEDULE- Section 3 (9)
MEETING AND PROCEEDING OF THE COUNCIL MEETINGS
Number of Meetings
- Subject to the provisions of this Act and any standing order of the Council, the Council shall meet not less than once every 3 months and on such other occasions as may be necessary for the fulfilment of its functions.
Place of Meeting
- Unless the Council otherwise directs all meetings shall be held in Nigeria.
Length of Notice for Calling Meetings
- (1) The notice required for all types of meetings from the commencement of this Act shall be 14 days from the date on which the notice was sent out.
(2) A meeting of the Council shall, notwithstanding that it is called by a shorter notice than that specified in subsection (1) of this section, be deemed to have been duly and properly called if it is so agreed by all the members entitled to attend and vote or by the members present provided a quorum is formed.
Contents of Notice
- (1) The notice of meeting shall specify the place, date and time of the meeting and the general nature of the business to be transacted in sufficient detail.
(2) No business may be transacted at any meeting unless a notice of it has been duly given.
(3) An error or omission in a notice with respect to the place, date, time or general nature of the business of a meeting shall not invalidate the meeting provided that in the case of bonafide error or omission, the secretary shall effect the necessary correction either before or during the meeting.
Persons entitled to Notice
- (1) The following persons are entitled to receive notice of meeting –
(a) every member; and
(b) co-opted members, if any.
(2) No other person is entitled to receive a notice of meetings.
- (1) A notice may be given by the secretary to any member either personally or by sending it by post to him or to his address or (if he has no address within Nigeria) to the address, if any, supplied by him to the secretary for the giving of notice to him.
(2) Where a notice is sent by post service of the notice is deemed to e effected by properly addressing, prepaying the posted letter containing the notice, and to have been effected at the expiration of 7 days after the letter containing the same is posted.
(3) Failure to give notice of meeting to a person entitled to receive it shall invalidate the meeting unless such failure is a bonafide omission on he part of the person or persons giving the notice.
Attendance at Meetings
- (1) Every person who is entitled to receive a notice of meeting of the Council is entitled to attend such a meeting.
(2) The secretary shall produce a list showing the names, descriptions and addresses of the members at the members at commencement of the meeting and it shall remain open and accessible to any member during the continuance of the meeting.
Right of certain persons to attend
- Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.
PROCEEDINNG
Decisions on Questions
- (1) Subject to the provisions of this Act, all acts of the Council and all questions arising before the Council shall be determined by a majority of the members present and voting at a meeting of the Council.
Casting Vote
(2) The person presiding shall have original vote and, in the event of an equality of votes, shall have a second casting vote.
Standing Orders
- Subject to the provision of this Act, the Council may make standing orders for the regulation of its proceedings and business and may amend or revoke such Standing Orders.
Quorum
- (1) The quorum of the Council shall be 5 and shall include at least 3 of the persons mentioned in subsection 3 (1) (b) and (c) of this Act.
(2) The quorum of any committee of the Council shall be determined by the Council.
(3) For the purpose of determining a quorum, members present shall be counted.
(4) Unless otherwise provided by the standing order of the Council, no business shall be transacted at any meeting unless a quorum is present at the time when the meeting proceeds to business and throughout the meeting.
Presiding at Meeting
- At any meeting of the Council, the Chairman shall preside or, in his absence, the members present at the meeting shall elect one of them to preside at the meeting.
Minutes of Proceedings and Effects
13.(1) The secretary shall –
(a) cause minutes of all proceedings at meetings; and
(b) all proceedings at meetings of its committees to be entered in books kept for that purpose.
(2) Any such minutes purporting to be signed by the Chairman of the next succeeding meeting shall be prima-facie evidence of the proceedings.
Committees
- (1) The Council may appoint such technical and project committee as it deems fit to deal with specific materials or groups of materials or topics or such other tasks as the Council may direct any such committee to undertake.
(2) Each committee shall be presided over by a member of the Council and shall be made up of such number of experts not necessarily members of the Council, as may be determined in each case.
(3) Subject to its power to appoint technical and project committees in accordance with sub-paragraphs (1) and (2) of this paragraph, the Council shall appoint the following standing committees—
(a) Finance and General Purpose Committee;
(b) Appointment, Promotion and Disciplinary Committee; and
(c) Technical Committee.
(4) Each committee shall be presided over by a member of the Council.
(5) The Council may increase or reduce or otherwise vary the composition of the membership of each committee as it deems fit.
(6) The decision of any committee appointed under this paragraph is of no effect until it is ratified by the Council.
Miscellaneous Matters relating to Meetings, Proceedings and Status of Members.
- (1) The validity of any proceeding of the Council or any committee shall not be vitiated by—
(a) any vacancy in the membership of the Council or any committee or
(b) any defect in the appointment of any such member, or
(c) reason that a person not entitled to do so took part in the proceedings.
(2) Where a person not duly appointed as a member acts as such on behalf of the Council, his act shall not bind the Council and he shall be personally liable for such an action.
I certify, in accordance with section 2 (1) of the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly.
SALISU ABUBAKAR MAIKASUWA, OON, mni
Clerk to the National Assembly
25th Day of May, 2015
This document was obtained from this Law Nigeria web page