WEIGHTS AND MEASURES ACT 1972

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 71 WEIGHTS AND MEASURES ACT 1972 As at 1 September 2017 2 WEIGHTS AND MEASURES ACT 1972 Date of Royal Assent … … … … 23 March 1972 Date of publication in the Gazette … … … … 30 March 1972 … … … … For paragraphs 2(a) and 11(b), Sections 12 & 13 – 19 May 2017; For paragraph 2(b), Sections 3, 4, 5, 6, 7, 8, 9 & 10 and paragraph 11(a) 1 August 2017 Latest amendment made by Act A1530 which came into operation on PREVIOUS REPRINT First Reprint ... ... ... ... 1994 Second Reprint ... ... ... ... 1999 Third Reprint ... ... ... ... 2006 Fourth Reprint ... ... ... ... 2009 3 LAWS OF MALAYSIA Act 71 WEIGHTS AND MEASURES ACT 1972 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II TRACEABILITY OF MEASUREMENT 3. (Deleted) 4. (Deleted) 5. (Deleted) 6. (Deleted) 7. (Deleted) 8. (Deleted) 8A. Traceability of measurement 9. Working Standards of mass and measure 10. Verification of Working Standards 4 Laws of Malaysia ACT 71 PART III WEIGHTS AND MEASURES FOR TRADE PURPOSES Section 11. Meaning of “use for trade” 12. Units of measurement, weights and measures lawful for use for trade 13. Marking of weights and measures with denomination 14. Stamping and verification of weights and measures, etc., and issue of certificates of verification 14A. Stamping of weights and measures; assistance to Inspector, etc. 14B. Weighing or measuring by means of a public weighing or measuring instrument 14C. Revcation of certificate issued under section 14 B 15. Lead or pewter weights 16. Use or possession of unjust weights, etc. 17. Use or possession of false weight or measure, etc., to defraud 18. Penalty on manufacture, sale and repair of false weights, etc. 19. Penalty for trading without the necessary instrument for weighing or measuring 20. Forgery or counterfeiting of certificate or stamp on weights, measures or instruments for weighing or measuring 20A. Offence in connection with stamping instrument 21. Evidence as to possession 22. Offence committed by a servant 23. (Deleted) 24. (Deleted) PART IV ADMINISTRATION 25. Custodian of Weights and Measures 25A. Custodian to advise Minister 26. Chief Inspector, Deputy Chief Inspectors and Inspectors Weights and Measures 5 Section 26A. Licence to carry out the duties of an Inspector or to provide services 26B. Fees collected by licensed companies 26C. Submission of memorandum for any change in existing fees 26D. Minister to amend regulations in respect of fees 26E. General duties of licensed companies 26F. Inspectorial power of the Chief Inspector 26G. Suspension or revocation of licence on breach of condition of licence 26H. Suspension or revocation of licence for breach of this Act or regulations 27. Licence to make, sell or repair weights or measures or instruments for weighing or measuring 28. Power to inspect weights and measures, etc., and to enter premises 28A. Forfeiture of instrument for weighing or measuring, etc. 28B. Protection of Inspectors, etc., for putting Act in force PART V GENERAL 29. Regulations 30. Permissible margin of errors 31. Powers of exemption and making of regulations to remove difficulties 32. Transitional provisions 33. (Deleted) 34. (Deleted) 34A. Compounding of offences 35. Repeal and savings FIRST SCHEDULE — (Deleted) SECOND SCHEDULE THIRD SCHEDULE — (Deleted) FOURTH SCHEDULE — (Deleted) 7 LAWS OF MALAYSIA Act 71 WEIGHTS AND MEASURES ACT 1972 An Act to regulate weights and measures and instruments for weighing and measuring and to make provisions for matters connected therewith. [1 January 1981, P.U. (B) 1/1981] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Weights and Measures Act 1972. (2) Without prejudice to subsection (3), this Act shall apply to the whole of Malaysia. (3) Subject to subsection (4), this Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. (4) The Minister may appoint different dates for the coming into force of this Act for different States in Malaysia or for different provisions of this Act or for different classes of undertakings or transactions or for different classes of movable or immovable properties: 8 Laws of Malaysia ACT 71 Provided that the Minister shall in any case bring all the provisions of this Act into force for all States in Malaysia before the expiration of ten years from the date of the publication of this Act. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Chief Inspector”, “Deputy Chief Inspector” and “Inspector” means respectively the Chief Inspector of Weights and Measures, the Deputy Chief Inspector of Weights and Measures and the Inspector of Weights and Measures appointed under section 26; “Custodian” means the Custodian of Weights and Measures referred to in section 25; “instrument for weighing or measuring” means any instrument or machine for measuring in terms of length, area, volume, capacity, time, weight, number or any other quantity, and in the case of an instrument for weighing, includes the weights used in connection therewith; “International System of Units” has the same meaning as is assigned to that expression in the National Measurement System Act 2007 [Act 675]; “licensed company” means the company to which a licence is granted by the Minister under subsection 26A(1); “Minister” means the Minister responsible for domestic trade and consumer affairs; “National Measurement Standards” has the same meaning as is assigned to that expression in the National Measurement System Act 2007; “National Measurement Standards Laboratory” has the same meaning as is assigned to that expression in the National Measurement System Act 2007; Weights and Measures 9 “premises” includes any shop or stall, and any vehicle, vessel, building, structure or place, whether opened or closed, used for trade; “public weighing or measuring instrument” means any instrument for weighing or measuring which is made available for use by the public, and for the use of which a charge is made; “stamp of verification” means a mark for use as evidence of the approval of any weight or measure or instrument for weighing or measuring as fit for use, whether applied by impression, casting, engraving, etching, branding, affixing or otherwise; “Working Standards” means the Working Standards of mass and measure referred to in section 9. (2) For the purpose of expressing the weight of any thing at any place in Malaysia the weight of such thing shall be deemed to be in the same term as its mass at that place. (3) The stamping of any weight or measure or instrument for weighing or measuring referred to in this Act means the application by an Inspector of Weights and Measures of a stamp of verification on such weight or measure or instrument for weighing and measuring pursuant to section 14. Such application of a stamp of verification may be made by such means or in such manner as the Minister may by regulations prescribe and in this Act unless the context otherwise requires the expression “stamp” with its grammatical variations shall be construed accordingly. PART II TRACEABILITY OF MEASUREMET 3. (Deleted by Act A1309). 4. (Deleted by Act A1309). 10 Laws of Malaysia ACT 71 5. (Deleted by Act A1309). 6. (Deleted by Act A1309). 7. (Deleted by Act A1309). 8. (Deleted by Act A1309). Traceability of measurement 8A. Any measurement for the purpose of this Act shall be traceable to the National Measurement Standards as set out in the National Measurement System Act 2007. Working Standards of mass and measure 9. (1) The Minister shall, as occasion may require, procure or cause to be prepared and maintained Working Standards of mass and measure in such form as may be recommended either generally or specifically by the Custodian of Weights and Measures. (2) The Working Standards shall be verified by reference to the National Measurement Standards and such verification shall be made by the Custodian of Weights and Measures who shall issue a certificate to that effect and shall cause an indelible mark to be made on such Working Standards. (3) (a) The Working Standards shall be kept in the custody of the Inspectors of Weights and Measures and shall be used for the inspection, verification and authentication of all weights and measures and instruments for weighing and measuring as required under this Act. Weights and Measures 11 (b) The Working Standards may also be kept in the custody of such other persons and used for such other purposes as the Minister may by notification in the Gazette determine. Verification of Working Standards 10. (1) (Deleted by Act A1309). (2) The Working Standards shall be compared and verified at intervals to be prescribed by the Minister. (3) The comparison and verification of the Working Standards shall be carried out by the Custodian of Weights and Measures in the manner to be prescribed by the Minister and on being satisfied of the accuracy of the Working Standards, the Custodian of Weights and Measures shall issue a certificate of such verification and such certificate shall be retained by the person who has custody of the relevant Working Standards. (4) All Working Standards which have been duly verified and certified shall, for all purposes, be conclusively deemed to be true and accurate and judicial notice shall be taken of such Working Standards. (5) The Minister may at any time, on the advice of the Custodian of Weights and Measures, cancel any Working Standard and shall by notification in the Gazette direct that such cancelled standard shall no longer be used for purposes of this Act. PART III WEIGHTS AND MEASURES FOR TRADE PURPOSES Meaning of “use for trade” 11. (1) For the purposes of this Act, the expression “use for trade” means, subject to subsection (2), use in Malaysia in connection with, or with a view to, a transaction for— 12 Laws of Malaysia ACT 71 (a) the transferring or rendering of money or money’s worth in consideration of money or money’s worth; (b) the making of a payment in respect of any toll or duty; or (c) the making of payment in respect of any work done, or services rendered, or for the purpose of determining wages due,where— (i) the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement as to the quantity; and (ii) the use is for the purpose of the determination or statement of that quantity. (2) The foregoing subsection shall not apply where the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Malaysia and the transaction is not a sale by retail. (3) Any weighing or measuring instrument which is made available in Malaysia for use by the public whether on payment or otherwise shall be treated for the purposes of this Part as an instrument for weighing or measuring for use for trade whether or not it would apart from this subsection be so treated. Units of measurement, weights and measures lawful for use for trade 12. (1) No person shall— (a) use for trade any unit of measurement of length, area, volume or mass or weight which is not included in the First Schedule and Second Schedule to the National Measurement System Act 2007; or Weights and Measures 13 (b) use for trade, or have in his possession for use for trade, any linear, square, cubic or capacity measure which is not included in the Second Schedule or any weight which is not so included. (2) Save as may be prescribed and subject to any regulations ma