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[31st March 2014] Supplement to Official Gazette 7 SEYCHELLES BUREAU OF STANDARDS ACT, 2014 (Act 2 of2014) ARRANGEMENT OF SECTIONS Sections PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation PART II - THE BUREAU 3. Establishment of Bureau 4. Functions of Bureau PART-III - BOARD AND COMMITTEES 5. Board of Bureau 6. Meeting of Board 7. Conflict of Interest 8. Functions of Board . 9. Directions of Minister 10. Committee of Board 11. Appointment of Chief Executive Officer 12. Functions of Chief Executive Officer 13. Staff of Bureau PART IV - SEYCHELLES STANDARDS' 14. Seychelles Standards 15. Copyright of Seychelles Standards 16. Incorporation of Seychelles Standards in law 17. Declaration of mandatory Seychelles Standard 18. Producers etc to conform 19. Importers etc to conform 20. Standard Mark PART V - INSPECTORS 21. Appointment of Inspectors 22. Power of Inspectors 23. Confidentiality

ARRANGEMENT OF SECTIONS PART I-PRELIMINARY - Seychelles 2 of 2014 Seychelles Bureau of... · PART IV-SEYCHELLES STANDARDS 14.(1) The Bureau shall formulate and implement a procedure

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[31st March 2014] Supplement to Official Gazette 7

SEYCHELLES BUREAU OF STANDARDS ACT, 2014

(Act 2 of2014)

ARRANGEMENT OF SECTIONS

SectionsPART I - PRELIMINARY

1. Short title and commencement2. Interpretation

PART II - THE BUREAU3. Establishment of Bureau4. Functions of Bureau

PART-III - BOARD AND COMMITTEES5. Board of Bureau6. Meeting of Board7. Conflict of Interest8. Functions of Board

. 9. Directions of Minister10. Committee of Board11. Appointment of Chief Executive Officer12. Functions of Chief Executive Officer13. Staff of Bureau

PART IV - SEYCHELLES STANDARDS'14. Seychelles Standards15. Copyright of Seychelles Standards16. Incorporation of Seychelles Standards in law17. Declaration of mandatory Seychelles Standard18. Producers etc to conform19. Importers etc to conform20. Standard Mark

PART V - INSPECTORS21. Appointment of Inspectors22. Power of Inspectors23. Confidentiality

8 Supplement to Official Gazette [31st March 2014]

PART VI - ASSETS, FINANCE AND ACCOUNTS24. Funds of Bureau25. Estimates26. Accounts27. Annual Report

PART VII - MISCELLEANOUS28. Restriction on use of certain words29. Protection against claims30. Protection of worker for disclosure of information

PART VIII - OFFENCES31. Compliance with Seychelles Standards32. Offences33. Compounding of offence34. Regulations'35. Repeal36. Saving and Transitional

[31st March 2014] Supplement to Official Gazette 9

SEYCHELLES BUREAU OF STANDARDS ACT, 2014

(Act 2 0/2014)

I assent

• J. A. MichelPresident

28th March, 2014

An Act to repeal and replace the Seychelles Bureau ofStandards Act, 1987 to make better provision for thedevelopment, promotion and maintenance ofstandardisation and for matters connected therewith orincidental thereto.

ENACTED by the President and the National Assembly.

PART I - PRELIMINARY

1. This Act may be cited as the Seychelles Bureau ofStandards Act, 2014 and shall come into operation on such dateas the Minister may, by Notice published in the OfficialGazette, appoint.

II

Short title andcommencement

10 Supplement to Official Gazette [31st March 2014]

Interpretation 2. InthisAct-

"Board" means the Board ofthe Seychelles Bureauof Standards constituted under section 5;

"Bureau" means the Seychelles Bureau ofStandards established by section 3;

"Chief Executive Officer" means the ChiefExecutive Officer of the Bureau appointed undersection 11;

"commodity" means an article, product' or thingwhich is the subject of trade and commerce;

"conformity assessment" means the procedure usedto determine, directly or indirectly, that the relevantrequirements in a technical regulation or a standardare fulfilled;

"inspector" means a person appointed under section21(1) as an inspector;

"mandatory standard" means a SeychellesStandard declared mandatory under section 17(1);

"mark" includes any device, brand, heading, label,ticket, name, signature, word, letter or numeral orany combination thereof;

"Minister" means the Minister responsible forIndustry;

"premises" means-

(i) a place where any business, industry,production or trade is carried on by a personwhether by himself or through an agent;

[31st March 2014] Supplement to Official Gazette 11

(ii) any part of a dwelling used for the purpose ofcarrying on any business, industry,production or trade;

(iii) a place where any record, register or otherdocument pertaining to any business,industry, production or trade is kept;

(iv) a place where any instrument, weight ormeasure ismanufactured, repaired, sold, usedorkept for use in any trade; or

(v) a place where any prepacked commodity ismanufactured, made, packed, stored,distributed, sold, kept or offered for sale;

"prescribed" means prescribed by regulations;

"Seychelles Standard" means a document declaredunder section 14(6);

"standard" means a document established byconsensus and approved by a recognised body, thatprovides rules, guidelines or characteristics foractivities or their results, aimed at the achievementof the optimum degree of order in a given context;

"standard mark" means a mark authorized undersection 20(1);

"technical regulation" means a document whichlays down product characteristics or their relatedprocesses and production methods, including theapplicable administrative provisions, with whichcompliance ismandatory.

"worker" means any person employed in anybusiness, industry, manufacture or trade inSeychelles to do manual, unskilled, skilled,

12 Supplement to Official Gazette [31st March 2014]

technical, operational, clerical or supervisory workon contract or for monthly salary, daily wages,whether the terms of employment be expressed orimplied.

Establishmentof Bureau

PART II - THE BUREAU

3. There is hereby established the Seychelles Bureauof Standards which shall be a body corporate.

Functionsof Bureau

4. The functions ofthe Bureau shall be to-

(a) promote standardisation in industry andcommerce;

(b) prepare draft standards and to declare them asSeychelles Standards;

(c) to make arrangements or provide facilities forthe examination and testing of commoditiesand any material or substance from which orwith which they may' be manufactured,produced, processed or treated and for themanner of such manufacture, production,processing or treatment;

provide for use of standard marks·,(d)

(e) provide for the assessment of manufacturing,process or management systems and thecertification thereof;

(t) provide for the examination, testing andcalibration of instruments, appliances,apparatus, weights and measures andweighing and measuring instruments inrelation to their accuracy;

(g) provide for the testing of commoditiesmanufactured in Seychelles or imported into

[31st March 2014] Supplement to Official Gazette 13

Seychelles for the purpose of determiningwhether the commodities comply with theprovisions of this Act or any other law dealingwith standards or technical regulations;

levy such fees and charges for theperformance of its functions as may beprescribed;

(i) coordinate the international, regional andbilateral relations with other standardisation

(h)

organisations;

(j) conclude agreements with standardisationorganisations in other countries;

(k) maintain a national information centre onmatters of standardisation, industry, scienceand technology;

(I) collect and collate information on researchand development of relevance to Seychellesand evaluate and disseminate researchfindings;

(m) maintain relationships with correspondingresearch and "development organisations inother countries, where the national interest sorequires, to control and coordinate researchcarried out in Seychelles;

(n) comply with the non discriminatory principlerelated to standards, technical regulations andconformity assessment procedures of tradeagreements to which Seychelles is a party;

(0) comply with the Code of Good Practice forthe preparation, adoption and application ofstandards as set out in trade agreements towhich Seychelles is a party;

14 Supplement to Official Gazette [31st March 2014] Supplement to Official Gazette 15[31st March 2014]

(P) assist the Ministry responsible for trade withthe implementation of the provisions of tradeagreements to which Seychelles is a party;

(h) three members from the academia or civilsociety with sufficient knowledge angexpertise in business management, finance,marketing or science and technology.

(q) prepare, implement and execute, at therequest and subject to the directions of theMinister, programmes in areas of industry,science and technology not inconsistent withthe provisions of this Act; and

(2) Where a Ministry referred to in subsection (1) hasthe responsibility for more than one portfolio referred to, therepresentative of that Ministry may represent all suchportfolios on the Board.

(r) any other functions as may be conferred uponthe Bureau by the Minister.

(3) The President shall cause the names ofthe membersof the Board tobe published in the Official Gazette.

PART III -THE BOARD AND COMMITTEES (4) The Chief Executive Officer shall be an ex-officiomember of the Board but shall not hold any other office on theBoard and shall not have the right to vote.Board of 5.( l) The Bureau shall be managed by a Board appointed

Bureau by the President which shall consist of-

(a) a representative of the Ministry responsiblefor Industry;

(5) The President shall appoint one of the members ofthe Board to be itsChairperson.

(b) a representative of the Ministry responsiblefor Finance and Trade;

(6) The members, other than the Chief ExecutiveOfficer, shall hold office for 3 years and shall be eligible for re-appointment.

(c) a representative of the Ministry responsiblefor Environment;

(7) The.term of office of a member shall lapse upon themember ceasing to be employed by the Ministry ororganisation that he or she represents or upon the employingMinistry or organisation informing in writing that the memberis no longer its representative whereupon the office of themember shall become vacant.

(d) a representative of the Ministry responsiblefor Health;

(e) a representative of the Ministry responsiblefor Agriculture;

(8) Where before the expiry of the term of office of aperson holding the office of Chairperson, or any member, avacancy arises for any reason, the person appointed to fill thevacancy shall hold office for the unexpired period of the termfor which his or her predecessor in office would have held ifsuch vacancy had.not arisen.

(t) a representative of the Ministry responsiblefor Physical Planning;

(g) a representative of the Ministry responsiblefor Customs; and

16 Supplement to Official Gazette [31st March 2014]

(9) The Chairperson or any member may be removedfrom the office by the President, if any of them -

(a) is adjudged insolvent;

(b) is convicted of any offence involving moralturpitude;

(c) is unfit to continue in office by reason ofinfirmity ofthe mind and body; .

(d) is found guilty of any misconduct or breach oftrust in the discharge of his or her duties; or

(e) commits any offence that calls into questionhis or her professional standing.

(10) The Chairperson or any member may resign fromhis or her appointment by giving one month's notice in writingto the President and on such resignation being accepted, theChairperson or member shall be deemed to have vacated his orher office.

(11) . A member shall be deemed to have vacated his orher office, if he or she absents himself or herself from threeconsecutive meetings of the Board without leave of theChairperson.

(12) The Chairperson or a member who has beenremoved from office under subsection (9) shall not be eligiblefor re-appointment.

Meetings ofBoard

6.(1) The Board shall meet at least four times in a yearand at such other times as the Chairperson may determine.

(2) Two thirds of the number of members of the Boardshall constitute a quorum for any meeting of the Board.

(3) The Chairperson or in the absence of the

[31st March 2014] Supplement to Official Gazette 17

Chairperson, a member elected by the members present at themeeting, shall preside at a meeting of the Board.

(4) The Board shall appoint an officer of the Bureau tobe its Secretary.

(5) The Board shall keep minutes of its proceedingsand decisions.

(6) Subject to this Act, the Board shall regulate its ownproceedings.

7.( 1) Amember of the Board ~ho has a direct ?r i~directfinancial, personal or other interest In any m~tter whI.chISto bediscussed at a meeting of the Board and WhIChentails or mayentail a conflict or possible conflict of interest shall, before orduring such meeting, declare that interest.

Conflict ofInterest

(2) A member referred to in subsection (1), shall notparticipate in the meeting during the discussion of the matterand voting thereon.

8.( 1) The functions of the Board shall be to -

(a) provide the strategic vision and plan of actionofthe Bureau;

Functionsof Board

(b) approve the standard for the development ofnational standards;

(c) approve documents as Seychelles Standards;

(d) approve the annual draft budget before it issubmitted to the Ministry of finance;

(e) monitor the performance of the Bureau inaccordance with the plan of action andbudget;

18 Supplement to Official Gazette [31st March 2014] [31st March 2014] Supplement to Official Gazette

Directionsof Minister

Committeeof Board

Appointmentof ChiefExecutiveOfficer

19

(f) approve the annual report for the previousyear before submission to the Minister; and

(3) The President may appoint a suitably qualifiedpublic officer to act in the office of the Chief Executive Officer,during-s-

(g) advise and make recommendations to theMinister onmatters related to standardisation,conformity assessment and metrology.

9. The Minister may give the Bureau directions inwriting on the policy to be followed by the Bureau in theperformance of its functions and the Bureau shall comply withthose directions.

(a) the vacancy in that office; or

(b) any period in which the person holding thatoffice is unable to perform the functions ofthat office.

12.(1) Subject to the directions of the Board, the ChiefExecutive Officer-

10.(1) Where the Board deems it desirable that any matterrelating to its functions or the functions of the Bureau bereferred to a committee for advice, for the efficientperformance and exercise and discharge of its functions,powers and duties, the Board may appoint such committee.

(2) The composition, functions, rules and procedures ofthe committee of the Board shall be prescribed.

(a) shall administer the day to day affairs of theBureau;

(b) may sign documents on behalfofthe Bureau;and

(c) may delegate any function to any other officerof the Bureau.

(3) The terms and conditions of appointment ofmembers ofthe committee shall be determined by the Board inaccordance with the procedure and the Government policiesapplicable to public bodies.

13. The Bureau may employ such officers and otherstaff as are necessary for the performance of the functions ofthe Bureau on terms and conditions and according to theprocedures applicable to such employees of public bodies.

(4) A committee of the Board shall cease to functionafter it has considered the matter referred to it and has renderedits advice to the Board.

PART IV-SEYCHELLES STANDARDS14.(1) The Bureau shall formulate and implement a

procedure for the development of Seychelles Standardswhich-

11.(1) There shall be a Chief Executive Officer of theBureau appointed by the President on such terms andconditions as may be prescribed.

(2) The Chief Executive Officer shall be a personsuitably qualified in science and technology relevant to thefunctions ofthe Bureau.

(a) details the process for the development,approval and publication of a SeychellesStandard based on international bestpractices;

(b) ensures that the interests of all partiesconcerned are considered;

Functionsof ChiefExecutiveOfficer

Staff ofBureau

SeychellesStandards

20 Supplement to Official Gazette [31st March 2014]

(c) ensures that as far as possible the latesttechnological developments are considered;

(d) ensures that Seychelles Standards areharmonized with relevant international orregional standards;

contains an appeal procedure for resolvingdisputes relating to the development ofstandards.

(e)

(2) Where the Bureau intends to declare, amend or revisea Seychelles Standard, it shall prepare a draft standard inaccordance with the procedure formulated under subsection (1).

(3) Where a commodity, process or practice in respectof which a draft standard prepared is under the control orsupervision of any Ministry or Government department, theBureau shall consult the relevant Ministry or Department.

(4) The Bureau shall, by a notice published in a localnewspaper and by other means determined by the Bureau, givewide publicity to the draft standard prepared pursuant tosubsection (2), and specify in such notice a place for theinspection ofthe draft standard.

(5) Any person may within sixty days of the publicationof the notice under subsection (4), lodge with the ChiefExecutive Officer a written objection or representation inrespect ofthe draft standard.

(6) The Bureau may, having regard to any objection orrepresentation lodged under subsection (5), confirm with orwithout modification the draft standard and declare by noticepublished in the Official Gazette the draft standard as aSeychelles Standard.

(7) The notice under subsection (6) shall state the titleand number of the Seychelles Standard, and contain a

[31st March 2014] Supplement to Official Gazette 21

summary ofthe scope and purpose ofthat Seychelles Standardor the amendment or revision thereof.

15.(1) The copyright of Seychelles Standards shall bevested in the Bureau notwithstanding any other law and theBureau shall not be deprived of such copyright, if a SeychellesStandard is incorporated in another law in terms of theprovisions of such a law.

(2) A person shall not publish, reproduce, record ortransmit any Seychelles Standard or any part of such standardsubject to copyright without the authorisation ofthe Bureau.

(3) A person shall not wrongfully claim, declare orconduct his or her affairs or business or carry out an occupationor trade under a name or in a manner likely to create theimpression that any commodity, product or service complieswith a Seychelles Standard or other publication ofthe Bureau.

(4) The Bureau may institute legal proceedings torestrain or claim for damages in relation to subsection (2) or (3).

Copyright ofSeychellesStandards

16.(1) A Seychelles Standard, or any provision thereof, Incorporating

that has been published in terms of this Act in respect of any . Seychelles_ Standards incommodity product or service which may affect public safety, Law

health or the environment, may be incorporated by reference inany other law. .

(2) The reference under subsection (1) shall refer atleast to the title and the number of the relevant SeychellesStandard.

(3) If the Seychelles Standard or any provision thereof,incorporated under subsection (1) is amended or revised, suchamendment or revision shall be deemed to have beenincorporated insuch other law,

22 Supplement to Official Gazette [31st March 2014]

Declarationofmandatorystandard

17.(1) The Minister may, on the recommendation of theBoard, in respect of any commodity which may affect publicsafety, health or the environment, declare a SeychellesStandard mandatory or withdraw the Seychelles Standardpreviously declared mandatory, by notice published in theOfficial Gazette.

(2) The notice under subsection (1) shall-

(a) refer to the title of the Seychelles Standard,and the standard as amended or revised shallbe mandatory;

(b) contain particulars necessary for theadministration of the mandatory standard,such as markings, conformity assessmentrequirements and sanctions; and

(c) provide for the date or dates on which themandatory standard or different provisionsthereof shall come into operation, whichdates shall not be less than sixty days after thedate of publication ofthe notice.

(3) The Minister shall before declaring a mandatorystandard under subsection (1), cause a preliminary notice to bepublished in the Official Gazette-

(a) specifying the Seychelles Standard intendedto be declared mandatory;

(b) setting out administrative particulars of theproposed mandatory standard undersubsection (2)(b); and

(c) requesting interested persons to comment onthe proposed mandatory standard in writingwithin sixty days after the date of publicationof the preliminary notice.

[31st March 2014] Supplement to Official Gazette 23

(4) The Minister shall consult any Ministry ordepartment responsible for the import, sale or supply of anycommodity that is subject to a preliminary notice undersubsection (3).

18. Where a mandatory standard has come intooperation in respect of a commodity, every person concemed,at any stage of the manufacture, production, processing,treatment or distribution of that commodity, shall ensurecompliance with that mandatory standard.

19.(1) A person shall not import, sell or supply acommodity to which a mandatory standard applies, except inaccordance with that mandatory standard.

(2)Any person who imports, sells or supplies a commodityto which a mandatory standard applies, shall keep or supply tothe Bureau such records as may be prescribed.

20.( I) The Minister may, on the recommendation of theBureau, authorise a Standard Mark.

(2) A Standard Mark shall distinguish a commodity,process or practice which conforms to a Seychelles Standardfrom those that are not recognised as conforming to thatstandard.

(3) The Bureau may, subject to such conditions as it mayimpose, permit a person to use a standard mark authorisedunder subsection (1), where the commodity, process or practicein respect of which it is used conforms to a SeychellesStandard.

(4) An application for a permit under subsection (3)shall be made inwriting to the Chief Executive Officer in suchform and in suchmanner as may be prescribed.

(5) Where the Bureau refuses to grant a permit, theChief Executive Officer shall communicate the decision inwriting to the applicant.

Producers etc.to conform tomandatorystandard

Importers etc.to conform tomandatorystandard

StandardMark

24 Supplement to Official Gazette [31 st March 2014]

(6) An applicant who is aggrieved by a re~sal to grantpermit or the conditions imposed ~nder sU?SectlOn (3), mayappeal to the Minister within such time and III such manner asmay be prescribed.

PART V - INSPECTORS

Appointmentof Inspectors

21.( 1) The Bureau may appoint such number of inspectorsas may be necessary for the purposes ofthis Act.

(2) Every inspector'shall be issue~ wit~ an identity cardand if required, produce his or her Identity card beforeexercising power under this Act.

22.( 1) An inspector shall carry out such ins~ections a~ theBureau may direct and verify the conformity of goods,processes or services with the relevant mandatory standards.

PowcrofInspectors

(2) An inspectormay-

(a) at all reasonable times enter any premises inwhich any commodity is or is reasonablybelieved to be manufactured, processed,produced, treated or kept for the purpose ofany trade <?rbusiness;

inspect or take samples of any commod~ty orof any material used or reasonably believedto be intended for use in the manufacture,production, processing or treatment of thecommodity;

inspect any process or practice and m~e anynotes in relation to the process or practice;

inspect any operation carried out in, thepremises in connection with any commodity:

require any person to produce any documentwhich relates to any commodity. process or

(b)

(c)

(d)

(e)

[31st March 2014] Supplement to Official Gazette 25

practice in that person's possession, custodyor control;

(f) examine and make copies or take extractsfrom such document; and

(g) require any person to answer any questionsrelating to a commodity, process or practice.

23. An inspector or other officer shall not, except for the Confidentiality

purposes of this Act or when required by any court, discloseinformation in relation to any commodity, process or practiceacquired in the exercise of functions under thi sAct. •

PART VI - ASSETS, FINANCE AND ACCOUNTS

24.( 1) The funds of the Bureau shall consist of moneys Funds ofappropriated under the Appropriation Act. Bureau

(2) The funds of the Bureau shall be operated underTreasury Single Account.

(3) The ·funds of the Bureau shall be applied, inaccordance with the provisions of the Public FinanceManagementAct, for-e- ,

Act 9 of2012

(a) the payment or discharge of debts, expensesand other obligations of the Bureau; "

(b) the payment of emoluments, fees andallowances payable to the Members and staffof the Bureau; and

(c) the discharge of the expenses in carrying outits functions under this Act.

25.( 1) The Bureau shall prepare and submit to the Minister Estimates

and the Minister of Finance the estimates of income andexpenditure of the Bureau in respect to each financial year.

26 Supplement to Official Gazette [31st March 2014]

Accounts

Annualreport

Restrictionon use ofcertainwords

Protectionagainstclaims

(2) The Minister may, after consultation with theMinister of Finance, approve with or without modification theestimates submitted under subsection (1).

(3) The estimates approved under subsection (2) shallbe the estimates of the Bureau for the financial year to whichthey relate.

(4) The financial year of the Bureau shall be the periodof 12months ending on the 31st of December.

26.(1) )'he Bureau shall keep proper accounts and recordsin relation to the accounts and shall prepare in respect of eachfinancial year a statement of accounts in such form and in suchmanner as may be prescribed.

(2) The accounts and the statement of accounts shall beaudited by the Auditor General, in accordance with Article 158ofthe Constitution.

27. The Bureau shall prepare within three monthsfollowing every calendar year, an annual report giving a fullaccount of its activities during the previous year and copiestogether with statement of accounts audited under section 26shall be forwarded to the Minister, who shall cause the same tobe tabled before theNational Assembly.

PART VII - MISCELLANEOUS

28. A person, other than the Bureau, shall not, exceptwith the consent of the Minister in writing, use a name whichcontains any combination ofthe words "Seychelles Bureau ofStandards" or "Seychelles Standards".

29. Where a commodity, process or practice conformsor is alleged to conform to a Seychelles Standard, or a standardmark is used in connection with any commodity, process orpractice, it shall not give rise to any claim against the Bureau.

[31st March 2014] Supplement to Official Gazette 27

. 30. Notwithstanding any provision in any other law orm an undertaking in respect of disclosure of information a~orker s~all not be liable to any penalty for disclosure of a~yinformation to an inspector under section 22(2) and theemployer shall not do anything to the prejudice of the worker.

PART VIII - OFFENCES

31.(1) Any person who-

(a) wrongfully claims or declares, or knowinglyconducts his or her affairs, business,occupation or trade in a manner likely tocreate the impression, that any commoditycomplies with a Seychelles Standard wheresuch commodity does not comply withSeychelles Standard;

(b) uses a standard mark without a permit grantedby the Bureau or contravenes any conditionofthe permit;

(c) makes any false statement or representation,whether in writing or not, or falsely uses astandard mark which conveys or is likely toconvey the impression that a commodity, '"process or practice conforms to a SeychellesStandard where such commodity, process orpractice does not conform to SeychellesStandard;

(d) without the consent of the Bureau in writingor fraudulently makes any statement orrepresentation, whether in writing or not,whereby comparison is made in respect ofany commodity, process or practice withSeychelles Standard,

Protectionof workerfordisclosure ofinformation

CompliancewithSeychellesStandards

28 Supplement to Official Gazette [31s~March 2014]

Offences

Compoundingof offence

Regulations

commits an offence and is liable on conviction to a fine notexceeding SCRI00,OOO or imprisonment for a term notexceeding two years, or both.

32.( 1) Any person who being concerned at any stage of themanufacture, production, processing, treatment or distributionof a commodity in respect of which a mandatory standard hasbeen declared; contravenes section 18 or 19 commits anoffence and is liable on conviction to a fine not exceeding SCR50,000 or imprisonment for a term not exceeding one year orboth and the commodity or a consignment or batch of thecommodity in respect of which the offence is committed shallbe liable for forfeiture.

(2) Any person who-

(a) prevents, hinders or obstructs an inspector inthe exercise of his or her functions under thisAct;

(b) fails to produce any document or to appear oranswer any question when required to do sounder section 22 (2),

commits an offence and is liable on conviction to a fine notexceeding SCR25,000.

33. Where the Chief Executive Officer is satisfied that aperson has committed an offence under the Act and the personhas admitted that fact and agreed in writing for compoundingof the offence, the Chief Executive Officer may compound theoffence in the manner as may be prescribed.

34.( 1) The Minister may make regulations for carrying.into effect the purposes and provisions of this Act.

(2) Without prejudice to the generality of subsection(1), regulations may provide for-

[31st March 2014] Supplement to Official Gazette 29

(a) matt~rs. relating to packing, labelling,description and advertising of any commodityfor which a standard has been declared;

(b) matters .relating to inspection, taking samplesand testmg of commodities;

(c) fees and forms;

(d) filing appeal against the decisions of theBureau;

(c) for efficient administration ofthisAct· and,

(f) prescribing all matters which by this Act arcrequired to be prescribed or which arcnecessary or convenient to be prescribed forgiving effect to thisAct.

35. The Seychelles Bureau of Standards Act 1987 ishereby repealed.

Repeal

36.( 1) Notwithstanding such repeal- Savings andtransitional

(a) all the statutory instruments issued under therepealed Act shall continue to be in force untilthey are repealed or amended under theprovisions ofthisAct; ..

(b) all suit.sand other legal proceedings pendingor ~hlCh could have been instituted by oragamst Government immediately before suchday or any matter in relation to the SeychellesBureau of Standards constituted under therepealed Act, shall be continued or institutedas ifthe Bureau was apart thereto;

(c) all acts pone, decisions taken, authorisation orpermission granted by the Chief Executive

30 Supplement to Official Gazette [31st March 2014]

Officer, . officers or employees of theSeychelles Bureau of Standards constitutedunder the repealed Act which were validlydone, taken or granted under any written lawor under and in accordance with the repealedAct shall continue to have effect inaccordance with their terms or untilamended, annulled or withdrawn inaccordance with the written law.

(2) Upon coming into operation ofthis.Act-v-

(a) all employees of the Seychelles Bureau ofStandards in employment immediatelybefore the coming into operation of this Actshall upon the coming into operation of thisAct be transferred to the Bureau on the sameterms and conditions as applied to thempreviously;

(b) all property, assets and liabilities of theSeychelles Bureau of Standards constitutedunder the repealed Act existing immediatelybefore the coming into operation of this Actshall, upon the coming into operation of thisAct, be vested in the Bureau, and the Bureaushall have all powers necessary. to takepossession of, recover and deal with suchassets and discharge such liabilities.

I certify that this is a correct copy of the Bill which waspassed by the National Assembly on 18thMarch, 2014.

Azarel EmestaClerk to the National Assembly