Section 14B
Weighing or measuring by means of a public weighing or measuring instrument
of Weights and Measures Act 1972
No person shall attend to any weighing or measuring by means of any public weighing or measuring instrument unless he holds a
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certificate from any Deputy Chief Inspector certifying that he has sufficient knowledge for the proper performance of his duties.
(2)
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.
(3)
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.
(4)
If a person certified to attend to weighing or measuring by means of any public weighing or measuring instrument—
(a)
without reasonable cause fails to carry out the weighing or measuring on demand;
(b)
without reasonable explanation carries out the weighing or measuring inaccurately;
(c)
fails to deliver to the person demanding the weighing or measuring or to his agent a statement in writing of the weight or other measurement; or
(d)
fails to maintain a record of the weighing or measuring including the time and date of the weighing or measuring and, in the case of the weighing of a vehicle, such particulars of the vehicle and of any load on the vehicle as will identify that vehicle and that load, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one 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.
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(5)
If, in connection with any public weighing or measuring instrument—
(a)
any person certified to attend to weighing or measuring by means of such an instrument delivers a false statement of any weight or other measurement found, or makes a false record of any weighing or measuring; or
(b)
any person commits any fraud in connection with any, or any purported, weighing or measuring by means of such instrument, 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, and such weighing or measuring instrument shall be liable to be forfeited.
(6)
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.
(7)
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.
(8)
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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(9)
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.
(10)
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.