*WEIGHTS AND MEASURES ACT 1972

Without prejudice to subsection (3), this Act shall apply to the whole of Malaysia.

Subject to subsection (4), this Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

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:

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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

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.

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.

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.

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.

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The Working Standards shall be compared and verified at intervals to be prescribed by the Minister.

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.

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.

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.

the transferring or rendering of money or money’s worth in consideration of money or money’s worth;

the making of a payment in respect of any toll or duty; or

the making of payment in respect of any work done, or services rendered, or for the purpose of determining wages due,where—

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

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.

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

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

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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.

Save as may be prescribed and subject to any regulations made under section 29—

The Minister may, by order published in the Gazette, amend the Second Schedule.

Any person who contravenes any of the foregoing provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both. Any weight or measure or instrument for weighing or measuring used or in any person’s possession for use in contravention of any of those provisions shall be liable to be forfeited.

Marking of weights and measures with denomination

Every measure of capacity for use for trade shall have the denomination thereof marked on the outside of such measure in legible figures and letters by the manufacturer.

A weight or measure not in conformity with this section shall not be stamped with such stamp of verification as is mentioned in section 14.

Stamping and verification of weights and measures, etc., and issue of certificates of verification

Any person requiring any weight, measure or instrument for weighing or measuring to be verified and stamped or authenticated shall submit the weight, measure or instrument for weighing or measuring to an Inspector who shall test the weight, measure or instrument for weighing or measuring by means of such Working

Standards and testing equipment as he considers appropriate or, subject to any conditions which may be prescribed, by means of other equipment which has already been tested and which the Inspector considers suitable for the purpose.

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Every person who has in his possession for use for trade any weight or measure or instrument for weighing or measuring shall retain in his possession the certificate of verification issued in respect thereof and shall produce the same for inspection whenever required to do so under the provisions of this Act.

Every weight and measure and instrument for weighing or measuring which has been stamped and verified under subsection (1)

shall be authenticated within such intervals as the Minister may prescribe.

Any verification and stamping or authentication of any weight or measure or instrument for weighing or measuring under this section shall be carried out in such manner as the Minister may prescribe.

There shall be charged in respect of any verification and stamping or authentication of any weight or measure or instrument for weighing or measuring under this section such fee as may be prescribed.

Any testing, or verification and stamping or authentication of any weight or measure or instrument for weighing or measuring under this section shall be carried out at such time and place as the Chief

Inspector may determine:

Provided that in determining the time and place under this subsection the Chief Inspector shall take into consideration the following conditions:

An Inspector shall not verify, stamp, certify or authenticate any weight or measure or instrument for weighing or measuring where—

The Custodian of Weights and Measures may approve any weight or measure or instrument for weighing or measuring for use for trade where its pattern or specification has not been prescribed by the

Custodian by order published in the Gazette and such weight or measure or instrument for weighing or measuring shall be verified, stamped, certified or authenticated by an Inspector in the manner provided in subsection (1) and the procedure set out by the Custodian.

Any person who uses or has in his possession for use for trade any weight, measure or instrument for weighing or measuring not verified, stamped, certified or authenticated as required by this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not

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exceeding three years or to both, and such weight, measure or instrument for weighing or measuring shall be liable to be forfeited.

Stamping of weights and measures; assistance to Inspector, etc.

Allowances

Where any weight or measure or instrument for weighing or measuring which has been verified and stamped or authenticated under section 14 after it has been installed at the place where it is to be used for trade is to be dismantled and reinstalled, whether at the same or some other place, it shall not be used for trade after being so dismantled and reinstalled until it has again been verified and stamped or authenticated.

If an Inspector is of the opinion that the weight or measure or instrument for weighing or measuring submitted for verification is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to verify and stamp or authenticate it until the question as to whether it is suitable for the purpose has been referred to the Custodian whose decision shall be final.

An Inspector may, at the request of any person, inspect any weight or measure or instrument for weighing or measuring not used for trade.

Weighing or measuring by means of a public weighing or measuring instrument

Any person refused such a certificate by the Deputy Chief

Inspector may appeal against such refusal to the Chief Inspector who may, if he thinks fit, direct the Deputy Chief Inspector to grant the certificate.

Any person who contravenes, or who causes or permits any other person to contravene, subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both, and such weighing or measuring instrument shall be liable to be forfeited.

If a person certified to attend to weighing or measuring by means of any public weighing or measuring instrument—

If, in connection with any public weighing or measuring instrument—

If, in the case of a weighing or measuring of any animal, vehicle, article, thing, liquid or substance carried out by means of any public weighing or measuring instrument, the person bringing the animal, vehicle, article, thing, liquid or substance for weighing or measuring, on being required by the person attending to the weighing or measuring to give his name, address and identity card number, fails to do so or gives a name, address or identity card number which is incorrect, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months or to both.

The person making any public weighing or measuring instrument available for use (in this section referred to as “the responsible person”) shall retain for a period of not less than six months any record of any weighing or measuring by means of that instrument made by any person certified to attend to the weighing or measuring.

An Inspector may require the responsible person to produce any such record as is mentioned in subsection (7) for inspection at any time during the six months as aforesaid.

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If the responsible person fails to retain any such records as is mentioned in subsection (7) in accordance with that subsection or fails to produce it in accordance with subsection (8) he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

If any person wilfully destroys or defaces any such record as is mentioned in subsection (7) before the expiration of six months from the date when it was made, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Revocation of certificate issued under section 14B

Nothing in this section shall prevent the insertion into a weight of such plug of lead or pewter as is bona fide necessary for the purpose of adjusting the weight and affixing thereon the stamp of verification.

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Use or possession of unjust weights, etc.

make or sell or attempt to sell or expose for sale any false or unjust weight or measure or instrument for weighing or measuring;

sell or attempt to sell or expose for sale any weight or measure or instrument for weighing or measuring which is not verified and stamped or certified, or authenticated as specified in section 14;

make or repair for gain or sell or attempt to sell or expose for sale any weight or measure or instrument for weighing

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or measuring unless he is licensed in that behalf in accordance with section 27; or

make or sell or attempt to sell or expose for sale any weight or measure or instrument for weighing or measuring for use for trade where such weight or measure or instrument presents unusual features which do not conform with such pattern or specifications as the Custodian of Weights and

Measures may by order published in the Gazette prescribe generally for weights or measures or instruments for weighing or measuring, unless such weight or measure or instrument for weighing or measuring has been approved by the Custodian under subsection 14(5A) and has been verified, stamped, certified or authenticated in accordance with the procedure provided therein.

Any person contravening any of the provisions of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Any person who makes, sells or attempts to sell, or exposes for sale or repairs any weight or measure or instrument for weighing or measuring which he knows to be false in order that the same may be used as true or knowing that the same is likely to be used as true shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding four years or to both.

[Sub. by Act A1530; s. 7(b)]

Where an offence is committed under subsection (2) or (3), any weight or measure or instrument for weighing or measuring relating to such offence shall be liable to be forfeited

Penalty for trading without the necessary instrument for weighing or measuring

Any person who has in his possession for use for trade any weight or measure or instrument for weighing or measuring stamped under this Act but subsequently found to be false shall be deemed, until the contrary be proved, to have wilfully increased or diminished or otherwise tampered with such weight, measure or instrument for weighing or measuring.

Any person who has in his possession without any lawful excuse or who uses as genuine any certificate or stamp which he knows or has reason to believe to be a counterfeit or forgery of any certificate issued or any stamp used for stamping under this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Offence in connection with stamping instrument

marks in any manner any plug or seal or plate designed for use for the reception of a stamp of verification;

except as permitted by or under this Act, in any way alters or defaces any stamp of verification;

forges or counterfeits any stamp of verification;

removes any stamp of verification and affixes or attaches it to any other weight or measure or instrument for weighing or measuring;

makes any alterations to any weight or measure or instrument for weighing or measuring after it has been stamped such as to make it false or unjust; or

severs or otherwise tampers with any wire, cord or other thing by means of which a stamp of verification is attached to the weight or measure or instrument for weighing or measuring, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

It shall not be an offence for any person licensed by the Chief

Inspector as a manufacturer or repairer of weights or measures or instrument for weighing or measuring who does anything described in paragraphs (1)(a), (b) and (f) in the course of any adjustment or repairs of weights or measures or instruments for weighing or measuring.

Evidence as to possession

that he used due diligence to secure compliance with this

Act or any regulations thereunder; and

that the offence was committed without his knowledge, consent or connivance.

The Minister may, by regulations, prescribe the duties and powers of the Custodian.

Custodian to advise Minister

The Chief Inspector shall be the principal Inspector of Weights and Measures and shall have the general supervision and all the powers and discretion of an Inspector under this Act.

The powers and discretion vested in the Chief Inspector and the duties required to be discharged by him may be exercised and discharged by any Deputy Chief Inspector.

The Minister may from time to time give the Chief Inspector directions of a general character and not inconsistent with the provisions of this Act and the Chief Inspector shall give effect to such directions.

Licence to carry out the duties of an Inspector or to provide services

to perform any of the functions of an Inspector; or

to provide services in relation to the testing, verification, stamping, authentication or certification of any weight or measure or instrument for weighing or measuring for the purposes of Part III.

Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters:

The Minister shall consider the memorandum within six months of receiving the memorandum.

The Minister may approve or reject the proposals in the memorandum.

The Minister may approve the proposals, subject to such modifications as he deems fit.

Where the Minister rejects the proposals, the licensed company may, if there is a change in the circumstances relating to the proposals, apply to the Minister for a review, but such application shall be made before the expiration of thirty days from the date the company is notified of the Minister’s rejection.

The Minister shall consider the application referred to in subsection (5) within three months of receiving the application.

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Minister to amend regulations in respect of fees

The licensed company shall have due regard to the efficiency, economy and safety of operation in respect of the services provided by it.

Inspectorial power of the Chief Inspector

to inspect the state of such premises;

to examine and test any standard or equipment used by the licensed company in performing its duties or providing its services under this Act;

to observe the performance of the duties or the provision of services by the licensed company;

to inspect any record and document related to the duties performed or services provided by the licensed company;

and

to request and obtain any information relating to the duties performed and services provided by the licensed company.

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Suspension or revocation of licence on breach of condition of licence

If on the expiry of the period prescribed in such notice the licensed company fails to comply with the condition mentioned in the notice, the Chief Inspector shall submit to the Minister a report of such non-compliance by the licensed company and the report shall be in such form as the Chief Inspector considers appropriate.

Where, after considering the report from the Chief Inspector, the Minister is satisfied that the contraventions were, or the apprehended contraventions are, of a serious nature or affected or likely to affect public interest or safety and that the licensed company has refused to take or has not taken all such steps as appear to be necessary to the Minister for the purpose of securing compliance with the condition in question, the Minister may give notice to the licensed company stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also—

After the expiry of the period specified in the notice and after considering any representation made by the licensed company, the

Minister shall decide whether to proceed with the proposed action or to take no further action.

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A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the notice is served on the company.

The decision of the Minister under this section shall be final and conclusive.

Suspension or revocation of licence for breach of this Act or regulations

Where, after considering the report from the Chief Inspector, the Minister is satisfied that the contravention was of a serious nature or affected or likely to affect the public interest or safety, he shall give notice to the licensed company stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also—

After the expiry of the period specified in the notice and after considering any representation made by the licensed company, the

Minister shall decide whether to proceed with the proposed action or to take no further action.

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A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the notice is served on the company.

The decision of the Minister under this section shall be final and conclusive.

Licence to make, sell or repair weights or measures or instruments for weighing or measuring

A licence issued under this section shall be subject to any terms and conditions as may be prescribed in such a licence.

The Chief Inspector may refuse to issue a licence under this section or may revoke any licence already issued or add to, vary or remove any conditions in a licence.

Any person aggrieved by the decision made by the Chief

Inspector under this section may within thirty days of the notification of such decision appeal to the Minister whose decision shall be final.

The Minister may prescribe the form of licence to be issued under this section and the books or records to be kept in relation thereto.

Institution of prosecution

enter any premises for the purposes of inspecting, verifying and stamping or authenticating any weight or measure or any instrument for weighing or measuring, or for the purposes of ascertaining whether any offence under this Act or any regulations made thereunder has been committed;

seize and detain any weight, measure or instrument for weighing or measuring, or stamp or stamping instrument, which is used in the commission of any offence under this

Act or any regulations made thereunder;

seize and detain any goods, records or documents which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder;

seal in any manner any weight, measure or instrument for weighing or measuring which is used, or which is reasonably suspected of being used, in the commission of any offence under this Act or any regulations made thereunder;

examine any certificates, documents or papers, including books, reports, records, shipping bills and bills of lading or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device where there are reasonable grounds to believe that it contains any information, relevant to the enforcement of this Act or any regulations made thereunder and make copies thereof or extracts therefrom;

with the assistance of any police officer, stop and detain any motor vehicle or other conveyance that the Inspector has reasonable grounds to believe is fixed with any weights or measures or instruments for weighing or

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measuring, or carrying weights, measures or instruments for weighing or measuring or goods which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder or is equipped with a device that is used or designed to be used for trade purposes and—

where necessary, for the purposes of making an inspection under subparagraph (ii), require the operator of that motor vehicle or other conveyance to proceed with the motor vehicle or other conveyance to an appropriate place where such inspection may be made; and

examine all certificates of verification, records and documents relating to any such weight, measure or instruments for weighing or measuring, or certificate issued under section 14B.

Any person who neglects or refuses to produce for an inspection under this section any weights, measures and instruments for weighing or measuring or any certificates of verification in his possession or in his premises or refuses to permit the Inspector under this section to examine the same or any of them or obstructs the

Inspector from entering the premises or otherwise obstructs or hinders the Inspector from acting under this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding forty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

For the purpose of subsection (1), any person who fails to disclose or omits to give any relevant information, document or evidence, or provides, as true, any information, document or evidence that he knows or has reason to believe to be false or misleading shall

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be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding four years or to both.

Forfeiture of instrument for weighing or measuring, etc.

The court trying any person accused of an offence under this Act or any regulations made thereunder may at the conclusion of the trial, whether he is convicted or not, order that weight or measure or instrument for weighing or measuring seized from that person be forfeited.

Where there is no prosecution with regard to any weight or measure or instrument for weighing or measuring seized in exercise of any powers conferred under this Act, the same shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim thereto is made before that date in the manner hereinafter set forth.

Any person asserting that he is the owner of any weight or measure or instrument for weighing or measuring seized under this Act and that the same are not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Deputy

Chief Inspector of his claim.

On receipt of a notice under subsection (4), the Deputy Chief

Inspector shall refer the notice to the Chief Inspector who may, after such enquiry as may be necessary, direct that such weight or measure or instrument for weighing or measuring be released or forfeited or refer the matter to the court for decision.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the weight or measure or instrument for weighing or measuring and the person from whom it was seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court

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shall proceed to the examination of the matter and on proof that an offence under this Act or any regulations made thereunder has been committed and that such weight or measure or instrument for weighing or measuring was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may, in the absence of such proof, order the release of such weight or measure or instrument for weighing or measuring to the person entitled to it.

Any weight or measure or instrument for weighing or measuring forfeited or deemed to be forfeited under this Act shall be disposed of in accordance with the direction of the Chief Inspector.

Protection of Inspectors, etc., for putting Act in force

In particular and without prejudice to the generality of the foregoing power to make regulations, such regulations may provide for all or any of the following:

Any weight or measure or instrument for weighing or measuring which is within the prescribed maximum permissible errors shall be deemed to be just and true for all purposes of this Act.

Powers of exemption and making of regulations to remove difficulties

The Minister may by regulations make such provisions as he may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act or any of its provisions and any such regulations may be made so as to have effect as from the commencement of this Act or any of its provisions.

Transitional provisions

Where a notification is made by the Minister permitting the continuance of the use of any units of measurement, or any weights or measures or instruments for weighing or measuring pursuant to subsection (1), the use of such units of measurement or weights or measures or instruments for weighing or measuring in the manner and during the period specified in that notification shall have legal force and validity and nothing in Part III of this Act shall subject a person to a penalty for such use.