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Chapter 97:02 - Land Surveyors

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L.R.O. 1/2012
LAWS OF GUYANA
WEIGHERS AND GAUGERS ACT
CHAPTER 97:02
Act
1 of 1883
Amended by
31 of 1937 4 of 1972






(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 13 ... 1/2012
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 97:02
WEIGHERS AND GAUGERS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
BOARD OF EXAMINERS
2. Appointment of board of examiners.
3. Seal of the Board.
4. Record of proceedings of the Board.
APPLICATION FOR LICENCE
5. Procedure to obtain licence as weigher or gauger.
DISQUALIFICATION AND PROHIBITION
6. Disqualification of certain persons for licences.
7. Prohibition of person acting without licence.
REGULATION OF BUSINESS
8. Interpretation.
9. Register of business of licensed weigher and gauger.
10. Fees payable to licensed weigher and gauger.
11. Attendance of weigher or gauger to weigh or gauge produce, when
required to do so.
12. Regulations as to use of instruments.
13. Instrument or weighing machine to be tested at intervals.
14. Certificate of article weighed or gauged to be given.
OFFENCES AND PENALTIES
15. Giving certificate without personal knowledge.
16. Giving untrue certificate.

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SECTION
17. Giving false certificate.
MISCELLANEOUS PROVISIONS
18. Dispute as to weight or quantity of thing weighed or gauged.
19. Table of fees.
20. Conviction not to affect liability to compensate for loss.
FIRST SCHEDULE—Form of Oath.
SECOND SCHEDULE—Fees.
__________________________
1 of 1883
CHAPTER 97:02
WEIGHERS AND GAUGERS ACT

An Act to amend the Law relating to Sworn Weighers and
Gaugers.
[24TH FEBRUARY, 1883]
Short title.





Appointment
of board of
examiners.
[4 of 1972]
1. This Act may be cited as the Weighers and Gaugers
Act.
BOARD OF EXAMINERS
2. (1) The Minister may from time to time appoint
persons to examine as to the capability and knowledge of all
persons desiring to carry on the business of a weigher or
gauger, and the persons so appointed shall form a board and
be styled The Board of Examiners (hereinafter referred to as
the Board).

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Seal of the
Board.
Record of
proceedings of
the Board.






Procedure to
obtain licence
as weigher or
gauger.
(2) Any two members of the Board may perform
any act authorised to be performed by the Board.
(3) Subject to affirmative resolution of the National
Assembly, the Board may from time to time make regulations
under which the examinations of applicants for licences under
this Act shall be conducted and for determining the
qualifications to be possessed by those hereafter obtaining
licences.
(4) The regulations shall not come into force until
they have been laid before and approved by the National
Assembly, who may alter and amend any of them.
3. The Board shall use a seal.
4. The Board shall keep a correct record of its
proceedings.
APPLICATION FOR LICENCE
5. (1) Where any person desires to carry on the
business of a weigher, or of a gauger, or of a weigher and
gauger, the following procedure shall be adopted:
(a) he shall apply in writing to the Board
to be examined as to his capability
and fitness to conduct that business
with accuracy, and shall pay the fees
prescribed by this Act;
(b) on making his application, he shall
furnish certificates from two or more
householders that he is of good
repute;
(c) an application to be examined may be
made to any member of the Board;

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Disqualifica-
tion of certain
persons for
(d) when the application is duly made
and the prescribed fees are paid, the
Board shall proceed to examine the
applicant, and if, in the opinion of the
Board, he is competent to carry on the
business and is of good repute, the
Board may issue a licence, under the
seal of the Board, signed by two
members thereof, authorising him to
carry on the business;
(e) when the Board is of opinion that the
licence ought not to be issued, the
Board may inform the applicant that
the Board is unable to issue it, but
shall not be bound to assign any
reason for not issuing it;
(f) when an applicant has been examined
and does not obtain a licence, he shall
not be entitled to be examined again
until after the expiration of six months
from the previous examination; and
(g) when the Board decides that a licence
may be issued to any person, he shall,
before he receives the licence, take the
oath set out in the First Schedule
before the Board, who is hereby
authorised to administer that oath.
(2) Every licence issued without examination shall
state the fact.
DISQUALIFICATION AND PROHIBITION
6. No merchant, storekeeper, or planter, and no clerk
or agent of any merchant, storekeeper, or planter shall be
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licences.
Prohibition of
person acting
without licence.
Interpretation.




Register of
business of
licensed
weigher and
gauger.





Fees payable to
licensed
weigher and
gauger.
Attendance of
gauger to
entitled to receive a licence to act as a weigher or gauger or
shall act as a licensed weigher or gauger.
7. (1) No one shall carry on the business of a weigher,
or of a gauger, or of a weigher and gauger until he has
obtained from the Board a licence to do so.
(2) Everyone who acts contrary to the provisions of
this section shall be liable to a fine of not less than seventy-
five dollars and not more than three hundred dollars, but
nothing herein contained shall be construed to prevent
persons from weighing or gauging produce belonging to
themselves or employing their clerks or servants to do so.
REGULATION OF BUSINESS
8. In the remaining provisions of this Act “weigher”
and “gauger” mean a licensed weigher and a licensed gauger.
9. (1) Every weigher and every gauger shall keep a
register, in which he shall enter the description, marks and
weights or gauges of every package or thing weighed or
gauged by him.
(2) Every weigher and every gauger who neglects
to keep the register, or to enter therein the full particulars of
each package or thing weighed or gauged by him shall be
liable to a fine of not less than fifteen dollars and not
exceeding seventy-five dollars.
10. Every weigher and every gauger shall be entitled
to demand and receive the fees prescribed under this Act for
the services performed by him, and those fees shall be
payable at the time when the duty is performed.
11. (1) Every weigher or gauger, on receiving notice
from any person between the hours of six o’clock in the weigher or
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weigh or
gauge produce,
when required
to do so.


Regulations as
to use of
instruments.






morning and six o’clock in the evening of any day of the
week, other than a public holiday shall, if not engaged,
proceed immediately, or within one hour after receiving the
notice, to the performance of the duties of his office as
weigher or gauger in respect of the weighing or gauging of
produce of Guyana required of him at the place or places
appointed by the notice, within the limits of Georgetown or
on board any vessel within the limits of the harbour of
Georgetown if he carries on business in or near Georgetown,
or within the limits of New Amsterdam or on board any
vessel within the limits of the harbour of New Amsterdam if
he resides in or near New Amsterdam, and there continue his
attendance and perform those duties as long as he is
reasonably required.
(2) Every weigher and every gauger who neglects
to comply with the provisions of this section shall be liable to
a fine of not less than thirty dollars and not more than one
hundred and fifty dollars.
12. (1) Every weigher and every gauger shall use
instruments for weighing and gauging which are accurately
adjusted and plainly marked and no other.
(2) Every instrument used by a weigher or gauger
for weighing or gauging shall be approved and stamped by
order of the Board.
(3) Every weigher or gauger who uses any
instrument for weighing or gauging which has not been
approved and stamped by order of the Board shall be liable to
a fine of one hundred and fifty dollars.
(4) Every weigher or gauger who uses any
instrument for weighing or gauging not accurately adjusted
or plainly marked shall be liable to a fine of one hundred and
fifty dollars.

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Instrument or
weighing
machine to be
tested at
intervals.
Certificate of
article weighed
or gauged to
be given.

Giving
certificate
without
personal
knowledge.





Giving untrue
certificate.
13. (1) Every weigher shall have every instrument or
machine used by him in weighing tested by an inspector of
weights and measures at intervals not exceeding three
months, and every weigher who does not comply with this
section shall be liable to a fine of seventy-five dollars.
(2) This section shall not apply to instruments used
in weighing loose coals.
14. Every weigher and every gauger, on weighing or
gauging any package or thing, shall, on receiving payment of
the prescribed fees therefor, be bound to give to each of the
persons employing him a correct certificate of the description,
marks, weights, or gauges of the package or thing weighed or
gauged by him.
OFFENCES AND PENALTIES
15. Every weigher and every gauger who gives a
certificate as to the weight or contents of any package or thing
which has not been weighed or gauged in his presence and
under his personal supervision shall be liable to a fine of one
hundred and fifty dollars.
16. (1) Every weigher and every gauger who gives an
untrue certificate shall be liable to a fine of not less than
seventy-five dollars and not more than three hundred dollars.
(2) Every certificate of the weight of any package
or packages given by a weigher shall be deemed untrue
within the meaning of this section if the correct weight differs
from the weight stated in the certificate by more than one per
cent of the weight stated in the certificate.
(3) Every certificate of the quantity of the contents
of any package or packages given by a gauger shall be
deemed untrue within the meaning of this section if the
correct quantity differs from the quantity stated in the
certificate by more than three per cent of the quantity stated
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Giving false
certificate.




Dispute as to
weight or
quantity of
thing weighed
or guaged.
[31 of 1937]
in the certificate.
(4) Where several packages or things are weighed
or gauged as part of the same transaction and the weight or
quantity thereof as stated in the certificate differs from the
true weight or quantity thereof, the certificate shall be
deemed untrue within the meaning of this section although
the difference is less than the difference hereinbefore in this
section stated if the magistrate who hears the complaint is of
opinion that the error could only have arisen through gross
carelessness.
17. (1) Every weigher and every gauger who gives a
false certificate of the weight of any package, or of the
quantity of the contents of any package, which he knows to be
false shall be guilty of a misdemeanour and shall be liable to
a fine of one thousand five hundred dollars or to
imprisonment for twelve months.
(2) A conviction under this section shall operate as
cancellation of the licence held by the person so convicted.
MISCELLANEOUS PROVISIONS
18. (1) Where there is any dispute as to the correctness
of the weight or quantity of any package or thing as
ascertained by a weigher or gauger, any person interested
may require that the package or thing shall be left untouched
for the space of two hours, if it is practicable to do so:
Provided that, during that interval, the package or thing
may be weighed or gauged by any weigher or gauger or any
two or more, or by the Commissioner-General of the
Revenue Authority.
(2) A certificate signed by the Commissioner-
General stating the weight or the quantity of the contents of
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Table of fees.
Second
Schedule.







Conviction not
to affect
liability to
compensate
for loss.
s. 5
any package or thing shall be admitted without proof of the
signature in all legal proceedings as proof that the weight or
quantity stated in the certificate is the correct weight or
quantity, unless the contrary is clearly shown.
19. (1) The fees set out in the table of fees in the
Second Schedule shall be payable in respect of the several
matters specified therein, but no examination shall be payable
by any district commissioner or officer of customs.
(2) The National Assembly may from time to time,
by resolution, alter those fees, and may from time to time, by
resolution, determine the amount to be paid for any service
performed by any person under this Act.
20. Where any weigher or any gauger is convicted of
any offence under this Act, the conviction shall in no way
affect the right of any person who has suffered loss in
consequence of the act in respect of which the conviction took
place to recover from that weigher or gauger full
compensation for the loss.
____________
FIRST SCHEDULE
OATH TO BE TAKEN BY LICENSED WEIGHER OR
GAUGER
I, ..........................................do swear that I will discharge and
perform
the duties of a licensed weigher (or licensed gauger or
licensed weigher and gauger, as the case may be) to the best
of my knowledge, skill, and ability, and without fear, favour,
or partiality of or to any person whomsoever.—
So help me God.

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s. 19
31 of 1937
4 of 1972
_______________
SECOND SCHEDULE
TABLE OF FEES
Fees to be paid to the Board of Examiners and Commissioner-
General of the Guyana Revenue Authority.
1. To the Board by applicant for examination, not being a
district commissioner or officer of customs, on making
application .................................... 50.00
2. To the Board, or its officer, for inspecting and stamping any
instrument for weighing or gauging.................................... 5.00
3. To the Commissioner - General for certificate in any case
where he weighs or gauges ................................................. 10.00
Fees to be paid to a licensed weigher or a licensed gauger.
4. For weighing every package of sugar, tobacco, or other
article exceeding 10 cwt., per package ...................................0.40
5. For weighing every package where the contents exceed
4 cwt. and are under 10 cwt. ....................................................0.25
6. For weighing every package where the contents exceed
2 cwt. and are under 4 cwt. .....................................................0.15
7. For weighing every package where the contents do not
exceed 2 cwt. ..............................................................................0.05
8. For weighing loose coals, per ton .......................................0.30

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9. For gauging and proving every package of rum or other
spirits ...........................................................................................0.25
10. For gauging every packet of molasses .............................0.25
11. For gauging every package of any other liquid than those
before mentioned .................................................................. 0.25
Provided that no fee shall be payable under this Act for
gauging any package where the quantity of the contents is not
ascertained by instruments known as calipers.
Where only a single package is weighed or gauged, treble
the above fees according to the description of package may be
charged. The fees shall be payable at the time when the duty
is performed; and when the licensed weigher or gauger is
required to attend at any place and his services are afterwards
dispensed with without any duty being required to be
performed, he shall be entitled to a fee of two dollars, to be
paid by the person who required his attendance, unless that
person has given notice to the licensed weigher or gauger,
previously to his leaving the office for the purpose of
attending at that place, that his services were not required.
_________________