Weights And Measures Act 1972

Original Language Title: Weights and Measures Act 1972

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Laws of MALAYSIA Act 71 PRINT the WEIGHTS and MEASURES ACT 1972 Contains all amendments to 1 January 2009 is published by the Commissioner of law revision, under the AUTHORITY of Law Revision ACT 1968 2009 2 laws of Malaysia Act 71 WEIGHTS and MEASURES ACT 1972 Royal Assent Date............... March 23, 1972 date of publication in the Gazette......... 30 March 1972 weights and 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 KEboLEhKESANAN Measurement 3. (Cut)
4. (Cut) 5. (Cut)
6. (Cut) 7. (Cut)
8. (Cut) 8a. Kebolehkesanan measurement 9. Standard Work for mass and weight 10. Verification of Standard Work part iii weights and measures for the purpose of Trading 11. The meaning of "use for trade" 12. Units of measurement, weights and a legally binding laws for use for trade 13. Indicate weights and with 4 laws of Malaysia Act 71 section 14. Marked with the cap and verify the weights and etc., and issue a certificate of verification 14a. Marking with the cap are weights and measures; assistance to inspector, etc.
14B. Weighing or being measured by using the tool weights and public 14c. Revocation of a certificate issued under section 14b 15. Weighing from black Tin or copper white 16. Using the arbitration and had not balanced, etc.
17. the use or possession of false weight or weighing, etc., to memfraud 18. Penalties on the make, sell and repair fake arbitration, etc.
19. Penalties for conducting trade without weighing tool or measure to be 20. Phishing or tourism certificate or cap on arbitration, measure or weigh or measure 20a. Offences in connection with a marker with the cap 21. Evidence of ownership 22. Offence committed by a 23 servants. (Cut) 24. (Cut) part iV Administration 25. Keeper weights and 25a. The depositor shall advise the Minister 26. Chief Inspector, Deputy Chief Inspector and Inspector 26a. License to perform the duties of inspector or to hold services 26b. The fee collected by the licensed companies 26c. Submission of the memorandum for any changes to existing fees 26d. The Minister shall amend the regulations in respect of fees weights and 5 Section 26e. General obligations the company licensed 26f. Power of inspection Chief Inspector 26g. Suspension or cancellation of license for violating the license terms 26h. Suspension or cancellation of license because of breach of this Act or regulations 27. License to make, sell or repair weigh or measure or weigh or measure 27a. An initial prosecution 28. Power to check weights and measures, etc., and to enter premises 28a. Weigh or measure tool forfeiture, etc.
28b. protection for inspectors, etc., because the enforcement of the Act part V GENERAL 29. Regulations 30. a difference in allowed 31. Power of exemption and make regulations in order to avoid the difficulty of 32. Transitional provision 33. (Cut) 34. (Cut) 34a. Compounding of offences 35. Abolition and exceptions the first schedule — (Cut) of the second schedule of the third schedule — (Cut) the fourth schedule — (Cut) 6 laws of Malaysia Act 71 weights and 7 laws of MALAYSIA Act 71 WEIGHTS and MEASURES ACT 1972 an act for regulating weights and measures and weights and measures and provide 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) this Act may be cited as the weights and measures Act 1972.1.
(2) Notwithstanding subsection (3), this Act shall apply throughout Malaysia.
(3) subject to subsection (4), this Act shall come into force on such date as the Minister may, by notification in the Gazette.
(4) the Minister may prescribe different dates for this Act, have effect for different States in Malaysia or for different provisions of this Act or for the industrial or different classes or for classes of transactions of movable or immovable property of the opposite: provided that the Minister shall enforce all provisions of this Act for all States in Malaysia before the expiry of ten years from the date this Act is published.
8 laws of Malaysia Act 71 interpretation 2. (1) in this Act, unless the context otherwise requires — "weighing tool or measure" means any device or machine for measuring long, wide, by volume, capacity, time, weight, volume or any other quantity, and in the case of weighing devices, including weights used relating thereto;
"the tool weights and public" means any weighing device or measure, held for use by the public, and a fee is charged for its use;
"fingerprint verification" means a sign to be used as evidence of the approval of any arbitration or measure or weigh or measure as eligible for use, either apply through their unmistakable, casting processes, carving, gurisan, selaran, pengecapan or otherwise;
"Chief Inspector", "Deputy Chief Inspector" and "Inspector" respectively mean weights and Chief Inspector, Deputy Chief Inspector, weights and measures and weights and measures inspector appointed under section 26;
"The National Measurement Standard Laboratories" have the same meaning as given to the expression in the 2007 national measurement system Act [Act 675];
"Minister" means the Minister responsible for domestic trade and Consumer Affairs;
"Depositor" means a depositor's weights and measures referred to in section 25;
"premises" includes any shops or stalls, and any vehicle, vessel, building, or place, whether open or closed, used for trade;
"International system of units" have the same meaning as given to the expression in the 2007 national measurement system Act;
"Standard Works" means the Standard Work for mass and weight referred to in section 9;
Weights and measures 9 "National Measurement Standards" have the same meaning as given to the expression in the 2007 national measurement system Act;
"licensed company" means a company to which a licence granted by the Minister under section 26a (1).
(2) for the purpose of indicating the weight of any article in any place in Malaysia, the weight of the goods shall be deemed to be equal to the weight of the jisimnya in that place.
(3) Mark with cap any weighing or measure or weigh or measure referred to in this Act means a levy with a cap that measure or weigh verification or weights and by a weights and measures Inspector pursuant to section 14. The imposition of a cap that verification can be made using the way or manner as may be prescribed in regulations by the Minister and in this Act, unless the context otherwise requires the phrase "cap" with changes Tasrif shall be construed accordingly.
part ii KEboLEhKESANAN Measurement 3. (Struck by Act A1309).
4. (Cut by the Act A1309).
5. (Cut by the Act A1309).
6. (Cut by the Act A1309).
7. (Cut by the Act A1309).
8. (Cut by the Act A1309).
Kebolehkesanan measurement of 8A. Any measurements made for the purposes of this Act shall have the kebolehkesanan to National Measurement Standards as stated in the 2007 national measurement system Act.
10 laws of Malaysia Act 71 Standard Work for mass and weight 9. (1) the Minister shall be as required by the circumstances, obtain or cause to be prepared and maintained Standard Work for mass and weight in such form as may be recommended either generally or specifically by depositor's weights and measures.
(2) a work shall be verified with Standard based on the National standards of Measurement and verification shall be made by the keeper of the weights and measures that shall issue a certificate for that purpose and shall cause to be made a sign that cannot be turned off at the Standard.
(3) (a) standards of work shall be kept in the custody of Inspector weights and measures and shall be used for checking, determine and verify all weights and measures and weights and measures as required under this Act.
(b) the Standards can also be kept in the custody of another person and used for other purposes as may be prescribed by the Minister by notification in the Gazette.
Verification Of Standard Work 10. (1) (struck by Act A1309).
(2) the Standard Work should be compared and verified according to the interval specified by the Minister.
(3) comparison and verification of the work must be done by Standard Keeper weights and in the manner prescribed by the Minister and when satisfied with the accuracy of the Standard weights and measures, the depositor shall issue a certificate concerning the verification and certification shall be kept by the person in charge of related Standards.

(4) All Standard work perfect verified and certified shall, for all purposes, to be deemed to be true and accurate and the Standard shall be judicially noticed.
Weights and measures 11 (5) the Minister may at any time, on the advice of the depositor's funds and of weight, cancel any Standard work and shall direct by notification in the Gazette so that the cancelled standards do not apply again for the purposes of this Act.
part iii weights and measures for the purpose of trade in the meaning of "use for trade" 11. (1) for the purposes of this Act, the expression "use for trade" subject to subsection (2), means the number in Malaysia in respect of, or for the purpose of, a transaction for — (a) transfer possession of or giving of money or the value of money in return for money or monetary value;
(b) make a payment in respect of any toll or duty; or (c) make a payment in respect of any work or services rendered, or for the purpose of determining the wages to be paid, if — (i) the transaction is based on the quantity or is a transaction for which means there is made or can be deemed to be or a statement of quantity; and (ii) the use is for the purpose of the determination or the quantity statement.
(2) subsection above shall not apply if the determination or the statement was a determination or a statement of the quantity of goods required to be sent to a place outside Malaysia and the transaction is not a sale of retail.
(3) any weighing or measure tool held in Malaysia to open to the public either by charged or otherwise shall be considered for purposes of this part as a tool of weight for the weigh or to trade, whether or not such tools shall be if not for this subsection.
12 laws of Malaysia Act 71 units of measurement, weights and a legally binding laws for use for trade 12. (1) No person shall — (a) for the number to trade using any units of measure of length, wide, volume, or mass weighing unit not included in the first schedule and the second schedule to the Act 2007 national measurement system; or (b) for use for trade use or has in his possession for use for trade any linear measure, square, cubic or volumes that are not included in the second schedule or any weighing unit not included such that.
(2) except as may be prescribed and subject to any regulations made under section 29 — (a) a measure l inear d i te tapkan in part 1 of the second schedule be marked wholly or partly with parts and small parts that signifying a measure or any measure of shorter;
(b) there are any measure volumes specified in part 4 of the Second table can be used to trade with the use of any part or parts of the small marked it as a volume measure for any smaller quantities.
(3) any person who contravenes any of the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or to both. Any arbitration or measure or weigh or measure used or which were in the possession of any person to use in contravention of any of the provisions that may be forfeited.
Indicate weights and by 13. (1) every arbitration for use for trade shall have the indicated by sign weighing weights and 13 the marker at the top or side of the arbitration with the figures and letters that bright unless arbitration is too small and cannot be such marked: provided that if arbitration is too small to cause it cannot be marked, a certificate shall be issued by the manufacturer with respect to the arbitration and the certificate shall be forwarded to the Inspector when dimintanya and shall contain the particulars enough to enable identification and weighing sign is determined.
(2) every measure volumes for use for trade shall have a measure of the volume is marked by the manufacturer with the figures and letters that bright on the outside of the measure.
(3) a weigh or measure that is not in accordance with this section shall not be marked with any trademark verification referred to in section 14.
Marked with the cap and verify the weights and etc., and issue a certificate of verification of 14. (1) subject to subsection (5), every weights and measures and tools weighing or measure for the number to trade shall be verified and marked with a stamp by the Inspector with a stamp verification and verification of a certificate shall be issued by the inspector at the time of marking with cap every weigh or measure or weigh or measure it: provided that if an arbitration is too small to cause it cannot be marked with the stamp of verification by inspectors She can, when satisfied with the introduction and sign the arbitration, arbitration for dismissed the arbitration of marked with the mark and issue a certificate of verification.
(1a) any person requiring any weigh, measure or weigh or measure so verified and marked with cap or confirmed shall submit weigh, measure or weigh or measure it to an inspector who shall weigh, measure or test tool 14 laws of Malaysia Act 71 weigh or measure by any Standard way of work and equipment as he may deem suitable examiners or subject to such conditions as may be prescribed , using other equipment has been tested and deemed suitable for that purpose by the Inspector.
(2) every person who has in his possession for use for trade any weighing or measure or weigh or measure shall retain in his possession the certificate of verification issued therefor and shall submit the certificate for inspection at any time it is required to do so under the provisions of this Act.
(3) every weights and measures and tools weighing or measure that has been marked with the stamp and verified under subseksysen (1) must be certified in the intervals prescribed by the Minister.
(4) any verification and marking with cap or confirmation of any arbitration or measure or weigh or measure under this section shall be conducted in such manner as prescribed by the Minister.
(4a) it shall be liable to pay any fees in respect of any verification and marking with cap or confirmation of any arbitration or measure or weigh or measure under this section any fee as may be prescribed.
(4b) any testing, or verification and marking with cap or confirmation of any arbitration or measure or weigh or measure under this section shall be carried out at any time and in any place as determined by the Chief Inspector: provided that in determining the time and place under this subsection Chief Inspector shall give consideration to the following circumstances: (a) where any weighing or measure or weigh or measure that is so kind that they cannot be submitted with ease or cozy to an inspector to be tested, or verified and marked with a stamp, or verified, then the inspector shall, on request in writing the person who had the weigh or measure or weigh or measure it and 15 weights and on payment of the prescribed fee, be present at the premises where the weigh or measure or tools that are placed to perform testing , verification and marking with cap, or the confirmation; and (b) the Chief Inspector can't fix a place for testing, verification and marking with cap, or the confirmation will result in someone who wants to get the facilities provided that had to make the trip which is unreasonable.
(5) an inspector can't verify, marked with cap, certify or authenticate any weighing or measure or weigh or measure or weigh or measure if — (a) weigh or measure or weigh or measure is not in accordance with subsection 12 (1) and (2);
(b) weigh or measure or weigh or measure is showing incredible form and inaccurate with shape or specification as prescribed in General by Depositors weights and by order published in the Gazette for weighing or weigh or measure;
(c) weigh or measure or weigh or measure that contravenes any of the provisions of this Act or the regulations made thereunder; or (d) weighing or measure or weigh or measure that does not have the approval of the depositor's weights and measures under subsection (5a).

(5a) the depositor weights and may approve any weighing or measure or weigh or measure for use for trade if form or detailed is not specified by the depositor by order published in the Gazette and weigh or measure or weigh or measure shall be verified, marked with cap, certified or verified by an inspector in the manner provided in subsection (1) and procedures specified by the depositor.
(6) any person who uses or has in his possession for use for trade use 16 laws of Malaysia Act 71 any weigh, measure or weigh or measure which is not verified, marked with cap, certified or authenticated as required by this section commits an offence and shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or both , and weigh, measure or weigh or measure shall be forfeited.
Marking with the cap are weights and measures; assistance to Inspector, etc.
14A. (1) If a person produce any weigh or measure or weigh or measure to verified and marked with cap or confirmed, the Inspector may require the person giving it any assistance related to weighing or testing measure or weigh or measure the tool as reasonably deemed necessary by the Inspector for the person giving it and is under no obligation to continue the testing until that person give such assistance.
(2) where any weighing or measure or weigh or measure that has been verified and marked with cap or certified under section 14 after it is installed in a place where it will be used to trade you want to open and install again, either in the same place or elsewhere, they cannot be used to trade after it opened and turned on again until it was once again verified and marked with cap or confirmed.
(3) where an inspector is of the opinion that weigh or measure or weigh or measure submitted to verified is intended to be used for trading for a specific purpose for which it is not appropriate, he may refuse to menentusahkannya or mark it with a cap or confirm it until the question of whether it is appropriate for that purpose has been referred to the Depositors whose decision shall be final.
(4) An inspector may, on the request of any person, examine any weighing or measure or weigh or measure which is not used for trade.
Weights and measures 17 Weighing or being measured by using the tool weights and public 14b. (1) No person may conduct any weighing or being measured by using the tool weigh or measure public unless he holds a certificate from any Deputy Chief Inspector certifying that he has sufficient knowledge for the implementation of its duties properly.
(2) any person who is given such acknowledgement by Deputy Chief Inspector may appeal against such rejection to the Chief Inspector who may, if it thinks fit, direct a Deputy Chief Inspector to provide the certificate.
(3) any person who contravenes, or causes or permits any other person violates subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both, and weigh or measure tool can be forfeited.
(4) where a person who is certified to organize weighing or being measured by using the tool weigh or measure public — (a) without reasonable cause fails to carry out weighing or being measured when requested;
(b) without reasonable explanation to carry out weighing the being measured or inaccurate;
(c) fails to deliver to the person requesting consideration or being done or to his agent, a written statement of weight or other measurement; or (d) fails to maintain records or of being that includes weighing time and date weighing or being measured and, in the case of weighing vehicles, any details about the vehicle and details of any load on the vehicle that will coordinate the vehicle and the load, he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for 18 laws of Malaysia Act 71 a term not exceeding six months or both , and tools that can weigh or measure forfeited.
(5) where, in connection with any arbitration or public measure — (a) any person certified to organize weighing or being measured by using such tools, submit a false statement of any weight or false statement of any weight or other measurement, or making a false record of any weighing or being measured; or (b) any person doing any fraud in relation to any weighing or being measured, or any form of weighing or being measured, using such tools, he commits an offence and shall, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or both, and weigh or measure tool can be forfeited.
(6) If, in the case of weighing or will any animals, vehicles, goods, objects, liquids or materials are carried out using any public measure or weigh, people bring animals, vehicles, goods, objects, liquids or ingredients to weighed or measured, when required by the person who conducted the weighing or being measured is to provide name, address and identity card number, fail to do so or provide your name , address or identification number which is not correct, he commits an offence and shall, on conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both.
(7) those who provide public to weigh or measure is used (in this section referred to as "person responsible") shall keep for a period of not less than six months any records of any weighing or being measured using the tool made by any person certified to organize weighing or being measured that.
Weights and measures 19 (8) a inspek tor bo. menghendak i o rang the responsibility to produce any records referred to in subsection (7) for inspection at any time during the six months referred to earlier.
(9) if the person responsible for the failed to keep any records as referred to in subsection (7) in accordance with subsection or fail to produce it in accordance with subsection (8) he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(10) if any person who willfully destroys or defaces any records as referred to in subsection (7) before the expiration of six months from the date it is made, he commits an offence and shall, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Revocation of a certificate issued under section 14b 14c. Any person granted a certificate under subsection 14b (1) may be cancelled his certification by the Chief Inspector if the person to whom issued the certificate been convicted of any offence under this Act, provided that no such cancellation may be made without first giving the person aggrieved the opportunity to be heard by the Chief Inspector.
Weighing from black Tin or copper white 15. (1) an arbitration made of black or white copper Tin or from any mixture of black or white Tin Copper cannot be verified and is marked with a fingerprint verification or certified or validated under section 14 and the arbitration cannot be used to trade: provided that this subsection shall not apply if the arbitration is fully coated or at substantially with brass , copper or iron and marked "coated" with bright.
20 laws of Malaysia Act 71 (2) there is nothing in this section shall prohibit the inclusion in an arbitration anything black or copper plug white bona fide need for the purpose of adjusting the weighing and mengecapkan cap verification of it.
Using the arbitration and had not balanced, etc.
16. Any person who uses or has in his possession for use for use for trade any weighing, weigh or measure or weight not pursuant to subsection 12 (1) and (2), or that is false or not balanced commits an offence and shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or both , and weigh or measure or weigh or measure shall be forfeited.
Use or possession of false weight or weighing, etc., to memfraud

17. Any person who is in possession of any arbitration or measure or weigh or measure that he knows as false and intends that the tools used or have used the weigh or measure or weigh or measure it fraudulently commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding four years or both. Any arbitration or measure or weigh or measure used or is in the possession of a person to use in contravention with this section may be forfeited.
Penalties on the make, sell and repair fake arbitration, etc.
18. (1) No person shall — (a) manufacture or sell or attempt to sell or expose for sale any weigh or measure or weigh or measure that is false or not balanced;
(b) sell or attempt to sell or expose for sale any weigh or measure or weigh or measure weights and 21 that are not verified and marked with cap or certified, or authenticated as described in section 14;
(c) the manufacture or repair of making a profit or sell or attempt to sell or expose for sale any weigh or measure or weigh or measure unless they are granted a license to do so in accordance with section 27; or (d) make or sell or attempt to sell or expose for sale any weigh or measure or weigh or measure for use for trade if arbitration or measure or weigh or measure is showing incredible form and which does not meet the shape or specification as prescribed in General by Depositors weights and by order published in the Gazette in respect of arbitration or measure or weigh or measure unless the weigh or measure or weigh or measure that has been approved by Depositors under subsection 14 (5a) and has been verified, marked with cap, certified or authenticated in accordance with the procedure provided for therein.
(2) any person who contravenes any of the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(3) any person who makes, sells or attempts to sell or expose for sale or improve any weighing or measure or weigh or measure that he knows as false the tool that can be used as actual or by knowing that the tool may be used as actual commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding four years or both.
(4) If an offence is committed under subsection 18 (2) or (3), any arbitration or measure or weigh or measure in connection with the offence be forfeited.
22 laws of Malaysia Act 71 penalties for conducting trade without weighing tool or measure to be 19. If in any trade transaction or operation thereof is determined by weigh or measure and traders for the trades do not have something weighing tool or measure necessary for the trades, the trader, guilty of an offence and shall, on conviction, to a fine not exceeding five hundred ringgit.
Phishing or tourism certificate or cap on arbitration, measure or weigh or measure 20. (1) any person who falsify or melancungkan any certificate issued or stamp used to mark with the cap under this Act of any arbitration or measure or weigh or measure or bersengaja exalted or reduce an arbitration or measure or weigh or measure that has been marked by such marks, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding four years or both.
(2) any person who has in his possession for use for trade any weighing or measure or weigh or measure that has been marked with a mark under this Act but was later found to be false, so as akasnya proved, be deemed to have bersengaja exalted or reduce or otherwise disturb arbitration, measure or weigh or measure it.
(3) any person who has in his possession without any valid reason or any person using as genuine any certificate or stamp it knows or has reason to believe as lancungan or false for any certificate issued or anything that used to mark the cap under this Act commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding four years or both.
Weights and measures 23 Offences related to tool marker with cap 20A. (1) subject to subsection (2), any person, who is not an inspector — (a) indicate in any way of any plug or plate designed for the number for acceptance of fingerprint verification;
(b) except as permitted by or under this Act, in any way change or defaces any fingerprint verification;
(c) falsify or melancung any trademark verification;
(d) transfer any fingerprint verification and install or sticking them to any arbitration or measure or any other measure or weigh;
(e) make any changes to any arbitration or measure or weigh or measure after it is marked with the cap up to cause them to be incorrect or inaccurate; or (f) to decide on or otherwise interfere with any wire, rope or other things with it a stamp affixed to the verification of weighing or measure or weigh or measure, commits an offence and shall, on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) it shall not be an offence for any person who is licensed by the Chief Inspector as the manufacturer or repairer weigh or measure or weigh or measure that does any act described in paragraph (1) (a), (b) and (f) when making any adjustment or repair at weigh or measure or weigh or measure.
Evidence of possession of 21. When anything weighing, weigh or measure or measure tool found on the premises any person or found in the possession of any person who carries on a trade, then that person, unless the contrary is proved, shall be deemed to akasnya for 24 laws of Malaysia Act 71 purposes of this act as having weigh or measure or weigh or measure it in his possession for use for trade.
Offence committed by a 22 servants. If an offence under this Act or any regulations made thereunder made by an employer for servants, servants who committed such offence while working with it shall also be guilty of such offence unless the employer proves to the satisfaction of the Court — (a) that it has used the supposed efforts to comply with this Act or any regulations made thereunder; and (b) that the offence has been committed with no knowledge, consent or is left by him.
23. (Cut by A754 Act).
24. (Cut by the Act A522).
part iV Administrative Depositors weights and 25. (1) National Measurement Standard Laboratory must be a depositor's weights and measures for the purpose of enforcing the provisions of this Act.
(2) the Minister may, by regulation, prescribe the duties and powers of the Depositors.
Peyimpan shall advise the Minister of 25A. Keeper weights and shall advise the Minister on all matters relating to the calibration, verification and testing weigh or measure or weigh or measure and other things related to metrology with the exception of international system of units and system of weight.
Weights and measures 25 Chief Inspector, Deputy Chief Inspector and Inspector 26. (1) the Minister may appoint a Chief Inspector, weights and measures and a number of Deputy Chief Inspector and Inspector weights and weights and measures as may be necessary to give effect to the provisions of this Act.
(2) the Chief Inspector shall be the main weights and measures Inspector and shall exercise general supervision and have all the powers and discretion someone inspector under this Act.
(3) the authority and the discretion vested in the Chief Inspector and duties required to be performed by him may be exercised and performed by any Deputy Chief Inspector.
(4) the Minister may from time to time give to the Inspector General of the General instructions in accordance with the provisions of this Act and the Chief Inspector shall give effect to such directions.
License to perform the duties of Inspector or to hold services 26A. (1) the Minister may grant a licence to a company named by the Malaysian Government under this section — (a) to exercise any of the functions of the Inspector; or (b) to provide services in respect of the testing, verification, marking with a confirmation or certification trademark, any weighing or measure or weigh or measure for the purposes of part iii.

(2) without prejudice to the generality of subsection (1), every licence issued under this section shall specify the following matters: (a) the functions or services shall be implemented shall be held by the licensed companies;
(b) performance standards to be observed by the licensed companies;
(c) the term of the license;
26 laws of Malaysia Act 71 (d) the consideration to be paid by the company for the granting of the license; and (e) any matter or other conditions that the Minister thinks fit.
The fee collected by the licensed companies 26b. Notwithstanding any provision of this Act or of the financial Procedure Act 1957 [Act 61], all fees for the performance of any function or hold any services by licensed companies shall be collected by, and form part of the revenue, the company licensed it.
Submission of the memorandum for any changes to existing fees 26c. (1) the licensed company may submit a memorandum to the Minister containing recommendations for any changes to existing fees prescribed under regulations made under section 29 in connection with the performance of any of its functions or procurement of any service, for the approval of the Minister.
(2) the Minister shall consider the memorandum within six months from the receipt of the memorandum.
(3) the Minister may approve or reject proposed in the memorandum.
(4) the Minister may approve the proposal, subject to any modifications it deems fit.
(5) where the Minister rejects the proposal, the licensed company may, if there are changes in the circumstances in respect of the proposal, to apply to the Minister so that the results are reviewed, but the application must be made before the expiration of thirty days from the date the company be notified of refusal the Minister.
(6) the Minister shall consider the application referred to in subsection (5) within three months from the receipt of the application.
Weights and measures 27 the Minister shall amend the regulations in respect of fi 26d. If the Minister approves the memorandum, with or without any modification, he shall as soon as practicable amend regulations with respect to existing fees to make provision about the changes to the fees.
General obligations the company licensed 26e. (1) a licensed Company shall ensure that the services held by him meet the performance standards set out in the license.
(2) a licensed Company shall give appropriate attention to efficiency, keekonomian and security operation in respect of the service to be held by him.
Power of inspection Chief Inspector 26f. Inspector General or any person authorized by him may, for the purpose of ensuring compliance by licensed companies will this Act, any regulations made thereunder and the conditions of his/her license, enter any premises occupied by the licensed companies that — (a) to check the condition of the premises;
(b) to examine and test any standard equipment used by the company licensed to perform duties or hold its services under this Act;
(c) to monitor the implementation of obligations or of procurement services by the licensed companies;
(d) to examine any records and documents pertaining to the obligations undertaken or services held by the licensed companies; and (e) to request and obtain any information in respect of the obligations undertaken and services held by the licensed companies.
28 laws of Malaysia Act 71 suspension or cancellation of license for violating the license terms 26g. (1) where the Chief Inspector is satisfied that the licensed company violates, or in breach of and is likely to be breached again, any of the conditions of his/her license, the Chief Inspector may give notice in writing to the licensed company that requires it to meet the requirements of it within the period specified in the notice.
(2) if upon the expiry of the time prescribed in the notice, the company licensed it does not comply with the conditions referred to in the notice, the Chief Inspector shall submit a report to the Minister about the non-compliance of the licensed company and the report shall be in such form as he thinks fit by the Chief Inspector.
(3) where, after considering a report from the Chief Inspector, the Minister is satisfied that the infringement, or a breach of the feared that, a serious or touching or may prejudice the interests or safety of the public and that licensed companies that refuse to take or not take all steps as may appear necessary by the Minister for the purpose of ensuring compliance with the applicable requirements, the Minister may give notice to the licensed company stating that he intends to suspend or cancel , as the case may be, of his/her license and the notice shall — (a) state the license terms that are hit by the licensed companies and act or omission be the violation; and (b) specify the period (not less than thirty days from the date of the notice) in which the licensed company may make representations with respect to the proposed suspension or cancellation, as the case may be.
(4) after the expiry of the time specified in the notice and after considering any representations made by the licensed company, the Minister shall decide whether to proceed with a proposed action or not to take further action.
Weights and measures 29 (5) a notice shall be given to the company that licensed by the Minister of natural resources and such decision shall come into effect from the date the notice was delivered to the company.
(6) the decision of the Minister under this section is final and conclusive.
Suspension or cancellation of license because of breach of this Act or the regulations 26h. (1) where the Chief Inspector is satisfied that the licensed company has violated any provision of this Act or any regulations made thereunder, he shall submit a report to the Minister about the breach or non-compliance by licensed companies that.
(2) where, after considering a report from the Chief Inspector, the Minister is satisfied that the breach is a serious or touching or may prejudice the interests or safety of the public, he shall give notice to the licensed company stating that he intends to suspend or cancel, as the case may be, of his/her license and the notice shall also: (a) specify the provisions of this Act or the regulations made thereunder that hit by the licensed companies and act or omission be the violation; and (b) specify the period (not less than thirty days from the date of the notice) in which the licensed company may make representations with respect to the proposed suspension or cancellation, as the case may be.
(3) after the expiry of the time specified in the notice and after considering any representations made by the licensed company, the Minister shall decide whether to proceed with a proposed action or not to take further action.
30 laws of Malaysia Act 71 (4) a notice shall be given to the company that licensed by the Minister of natural resources and such decision shall become effective from the date the notice was delivered to the company.
(5) the decision of the Minister under this section is final and conclusive.
License to make, sell or repair weigh or measure or weigh or measure 27. (1) the Chief Inspector shall be the authority that issued the license to make, sell or repair weigh or measure or weigh or measure.
(2) a licence issued under this section shall be subject to such terms and conditions as may be specified in such licence.
(3) the Chief Inspector may refuse to issue a licence under this section or may revoke any licence issued or add to, vary or revoke any conditions in a licence.
(4) any person aggrieved by the decisions made by the Chief Inspector under this section may within thirty days from the date of notification of the decision, appeal to the Minister and the decision of the Minister shall be final.
(5) the Minister may prescribe the form of the license shall be issued under this section and the book or record will be kept in connection with the license.
An initial prosecution 27A. No prosecution for or in connection with any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Weights and measures 31 Power to check weights and measures, etc., and to enter premises 28. (1) any inspector may, at any reasonable time, exercise the following powers, namely: (a) enter any premises for the purpose of checking, verifying and marking with cap or confirm any weigh or measure or any measure or weigh, or for the purpose of determining whether any offence under this Act or any regulations made thereunder has been committed;

(b) seize and hold any weight or weighing, weigh or measure, or cap or appliance pengecapan, used in the Commission of any offence under this Act or any regulations made thereunder;
(c) seize and detain any article, record or document which he has reason to believe to be required to be submitted as evidence in any proceedings under this Act or any regulations made thereunder;
(d) avoid in any manner any weigh, measure or weigh or measure used, or with its reasonable suspected of use, in the Commission of any offence under this Act or any regulations made thereunder;
(e) inspect any certificate, documents or papers, including books, reports, records, shipping bills and Bill of lading or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage and if there are reasonable grounds to believe that it contains any relevant information on the enforcement of this Act or any regulations made thereunder and make copies thereof or extract therefrom;
(f) with the assistance of any police officer, stop and detain any motor vehicle or other transport that the Inspector has reasonable grounds to believe installed 32 laws of Malaysia Act 71 in any arbitration or measure, or weigh or measure, weigh, measure or bring or weigh or measure or goods which he has reason to believe to be required to be submitted as evidence in any proceedings under this Act or any regulations made thereunder or with the tool used or intended to be used for the purpose of trade and — (i) if necessary, for the purposes of making inspections under subparagraph (ii), require the carrier motor vehicles or other vehicles to make away by motor vehicle or other vehicle to the ideal place where the inspection can be carried out; and (ii) examine anything weighing, weigh or measure or measure or any item or device found in or on a motor vehicle or other vehicle;
(g) examine all certificate of determination, records and documents relating to any arbitration, measure or weigh or measure, or a certificate issued under section 14b.
(2) any person who is negligent or refuses to produce for inspection under this section any weigh, measure or weigh or measure or any certificate verification who has in his possession or in his premises or refuses to allow the inspector under this section examines the tools or any of them or prevented the inspectors from entering the premises or in other prevent or interfere with the inspectors from acting under this section commits an offence and shall , on conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or both.
Weigh or measure tool forfeiture, etc.
28A. (1) any weighing or measure or weigh or measure that has been seized pursuant to this Act shall be forfeited.
Weights and measures 33 (2) the Court try any person accused of an offence under this Act or any regulations made thereunder may be on completion of the trial, whether he is convicted or not, order that weigh or measure or weigh or measure that has been seized from members of the forfeited.
(3) If no prosecution of any arbitration or measure or weigh or measure that has been seized in exercise of any power granted under this Act, then weighing the weight or calculated and shall be deemed to have been forfeited upon expiration of one calendar month from the date it is seized, unless a claim has been made before that date in the manner set out hereinafter.
(4) any person who asserts that he is the proprietor of any arbitration or measure or weigh or measure that has been seized under this Act and that weigh or measure or weigh or measure shall not be forfeited can by itself or by his agent authorised in writing by it, give notice to the Deputy Chief Inspector about the claim.
(5) upon receipt of the notice under subsection (4), a Deputy Chief Inspector shall refer the notice to the Chief Inspector who may, after such inquiry as he thinks necessary, direct weighing or measure or weigh or measure the discharge or forfeited or refer the matter to the Court for a decision.
(6) the Court to which the matter is referred to shall issue a summons requiring the person who insists that he is the proprietor of weight or arbitration or arbitration or the measure and to the person from whom the weigh or measure or weigh or measure that was seized for presenting themselves before the Court and when he entered his presence or errant enter his presence, when proven that summons was sent accordingly , the Court shall proceed with the examination of the matter and when proven an offence has been committed under this Act or any regulations made thereunder and weigh or measure or weigh or measure that is article 34 the laws of Malaysia Act 71 or were used to commit the offence, shall direct that weigh or measure or weigh or measure the forfeited or can , if the absence of such proof, direct that weigh or measure or weigh or measure released to the person entitled to it.
(7) any weighing or measure or weigh or measure which is forfeited or deemed to have been forfeited under this Act shall be disposed of in accordance with the directions of the Chief Inspector.
Protection for Inspectors, etc., because enforcing Act 28b. No action or prosecution can be brought, instituted or maintained in any court against Chief Inspector, Deputy Chief Inspector, any inspector or police officer for or by reason of or in respect of any action ordered or performed for the purpose of implementing this Act or any regulations made thereunder and no suit or prosecution can be taken in any court against any person for or by reason of or in respect of any act done or purporting to have been done by him under the orders, directives or instructions Chief Inspector, Deputy Inspector, any inspector or police officer assigned for any of the purposes aforesaid: provided that order, direction or instruction is given or the actions done in good faith and with a reasonable belief that it is necessary for the purposes for which it is intended to be achieved by it.
Part V GENERAL regulations 29. (1) the Minister may make regulations for the purpose of enforcing the provisions of this Act.
Weights and measures 35 (2) in particular and without prejudice to the generality of the power to make regulations mentioned above, the regulations may call for all or any of the provisions of the following: (a) fix the procurement, preparation, maintenance, certification, verification and authentication Standard comparison work;
(b) prescribing places, how to keep and care for Standard work;
(c) limits on the difference that can be allowed on any weighing or measure or weigh or measure;
(d) prescribing the manner in which Standards Work can be marked and certified for the introduction;
(e) prescribing — (i) the duties of the Chief Inspector, Deputy Chief Inspector and inspectors; and (ii) the test to be applied for the purposes of determining the accuracy and efficiency of weights and measures and tools weighing or weight and difference in the limit that will be allowed when verified or examined; and (iii) the type of cap that will be used by inspectors to mark with cap weights and measures and tools weighing or measure for use for trade and way marked with the mark;
(f) prescribing the fees to be charged in respect of — (i) a licence issued under section 27;
(ii) testing and verification of weights and measures and tools weighing or measure;
(iii) the issuance of any certificate under this Act; and (iv) any other services provided by an inspector;
36 laws of Malaysia Act 71 (g) prescribing forms, books, register or card to be used under this Act;
(ga) restrict the purposes and transactions for which weigh, measure or weigh or measure specific tools can be used legally;
(gb) prescribing classes of stipulations for weighing, weigh or measure or measure specific tools to be used for trade;
(gc) prohibits the use of weigh, measure or weigh or measure of specific types either absolutely or except in compliance with the conditions specified in any regulations made under this Act;
(gd) prescribing the class arbitration to be used on the particular type of arbitration;
(ge) provides for the registration, inspection tool weights and public and generally allocate about supervision and control of the tool;

(gf) establish a procedure for the application, testing and examination to be acquired for the production, certification to organize any public measure or weigh;
(gg) prescribing offences under this Act or any regulations made thereunder that can be compounded, procedures to be followed and the forms to be used for the compounding;
(gh) prescribing the manner in which the package is to be marked with any details, statement or other requirements in connection with any arbitration or measure;
(gi) prescribing signs that arbitration pursuant thereto certain items can be packaged or sold;
(h) prescribing any other matter required to be prescribed by this Act or by General to implement better the purposes or provisions of this Act.
A difference in allowed 30. (1) any weighing or measure or weigh or measure cannot have a difference in excess of the limit prescribed by the difference in regulations made under this Act.
Weights and measures 37 (2) any weighing or weigh or measure or weight within the prescribed limits of the difference shall be deemed to be fit and true for all purposes of this Act.
Power of exemption and make regulations in order to avoid difficulties 31. (1) Notwithstanding anything contained in this Act, the Minister may, if it thinks necessary or expedient in the interest of the country and the public, may by order, either absolute or subject to any specified in the order, exempt any class of enterprises or transactions or any class of movable or immovable property of any or all of the provisions of this Act.
(2) the Minister may make provision by regulations as he may deem necessary or expedient for the purpose of avoiding any difficulty caused by start the currency of this Act or any of its provisions and any regulations that can be made so with effect from the start the currency of this Act or any of its provisions.
Transitional provisions 32. (1) where any or all of the provisions of this Act has effect in respect of any State in Malaysia or any class of enterprises or transactions or any class of movable or immovable property, the Minister may from time to time by notification in the Gazette allowing continued use of any unit of measurement or any arbitration or measure or weigh or measure as specified in the notification in respect of the States in Malaysia Enterprise class, or transactions or classes of movable or immovable property, as the case may be, other than the use of the International system of units and unit weights and measures specified in the second schedule for a term not exceeding five years from the date of the publication of the notification as may be prescribed by the Minister: provided that the Minister can't fix a period in any notifications made pursuant to this subsection until the date of expiry of such period is not in line with conditions to subsection 1 (4).
38 the laws of Malaysia Act 71 (2) where a notification made by the Minister allowed the continued use of any unit of measurement or any arbitration or measure or weigh or measure in accordance with subsection (1), the use of units of measure or weigh or measure or weigh or measure in the manner and for the term specified in the notification, shall have the effect of laws and legal rules and there is nothing in part iii of this Act may cause a person liable to a penalty because using it.
33. (Cut by the Act A1309).
34. (Cut by the Act A1309).
Compounding of offences 34A. (1) the Chief Inspector may, with the written consent of the public prosecutor, offer to compound any offence under any provision of this Act or under regulations made under this Act by accepting of people reasonably suspected to have committed such offence is an amount of money not exceeding the maximum fine that can be imposed on such person if he is convicted of the offence , in time as may be specified in the offer.
(2) an offer under subsection (1) may be made at any time after the offence is done and if the amount specified in the offer is not paid within the time stated in the offer or within such extended time as may be granted by the Chief Inspector, a prosecution for the offence may be commenced at any time after that to the person to whom the offer was made.
(3) when an amount under subsection (1) is received, no prosecution shall be instituted in respect of the offence against a person to whom an offer to compound that has been made.
Abolition and exceptions 35. (1) the laws specified in the fourth schedule and all legislation made thereunder shall weights and 39 repealed and the revocation shall become effective on the date or dates and to such extent as the Minister may by order published in the Gazette.
(2) Notwithstanding an order made pursuant to subsection (1) to abolish any law specified in the fourth schedule or any bylaws made hereunder to any authority or person to carry out, immediately before the start the currency of this Act or any of its provisions, the duties equal to that given to Depositors, Chief Inspector, Deputy Chief Inspector, or Inspector by this Act , shall be applicable areas of the authority or that person is authorised to carry out the tasks continue to do so until the Minister otherwise directs by notification in the Gazette.
First Schedule (Cut by the Act A1309) second schedule of weights and measures for the use of part 1 the measurement of Linear Measure — 20 metres 10 metres 3 metres 2 metres to 1 metre 1 desimeter 1 cm 40 laws of Malaysia Act 71 part 2 Syllabus Square any measure, or any multiple of, 1 desimeter square feet.
Part 3 Cubic Measure of any measure, or any multiple of, 1/4 cubic meters.
Part 4 Measure volume Measure — any multiple of 10 litres 10 litres 5 litres 2.5 litres 2 litres 1 litre 500 250 200 milliliter milliliter milliliter milliliter milliliter 100 50 30 25 20 milliliter milliliter milliliter milliliter 10 5 2 1 milliliter milliliter milliliter weights and Weighing 41 part 5 (a) for managing objects or items other than precious gems and pearls.
Arbitration — 20 kilograms of 10 kilograms 5 pounds 2 kilograms 1 kilogram 500 grams 100 grams 200 grams to 50 grams 20 grams 10 grams 5 grams 2 grams 500 grams 1 milligram 200 milligram 100 milligram 50 milligram 20 milligram 10 milligram 5 milligram 2 milligram 1 milligram 42 laws of Malaysia Act 71 (b) for matters pertaining to precious gems and pearls.
Arbitration — 500 carats (metric) 200 carats (metric) 100 carats (metric) 50 carats (metric) 20 carats (metric) 10 carats (metric) 5 carats (metric) 2 carats (metric) 1 Carat (metric) 0.5 carats (metric) 0.25 carats (metric) 0.2 carats (metric) 0.1 carats (metric) 0.05 carats (metric) 0.02 carats (metric) 0.01 carats (metric) Posts — 1 Carat (metric) = 0.2 (right) the third schedule (Cut by the Act A1309) Fourth Schedule (cut off by p. u. (A) 293/1981) weights and measures 43 laws of MALAYSIA Act ARBITRATION ACT 71 And brainchild List amendment of laws that amend the short title of the Act in force A522 Act weights and measures (Amendment) Act 1981 24-07-1981 P.U. (A) 293/1981 order of weights and measures (abolition of law) 1981 01-10-1981 P.U. (A) 392/1985 notification of weights and measures (Amendment of first schedule and the third) 1985 30-08-1985 Act A754 Act weights and measures (Amendment) Act 1990 23-02-1996 Act A825 Act weights and measures (Amendment) Act 1992, 17-07-1992 A1180 Act weights and measures Act (Amendment), 2002 04-04-2005 A1309 Act Arbitration Act and Measure (Amendment) Act 2007 01-02-2008 44 laws of Malaysia Act 71 laws of MALAYSIA Act 71 WEIGHTS and 1972 List of the section Amended Section Power amend the effect from the long Title of the Act A754 A1309 Act 23-02-1990 01-02-2008 2 Act A522 A754 Act Act Act Act A825 A1180 A1309 24-07-1981 23-02-1990 17-07-1992 04-04-2005, 01-02-2008 part ii (Title) of the A1309 01-02-2008 3 A754 A1309 Act Act 23-02-1990 01-02-2008 4 A1309 Act 01-02-2008 5 A1309 Act 01-02-2008 6 Act A522 A1309 Act 24-07-1981 01-02-2008
7 Act A522 A1309 Act 24-07-1981 01-02-2008 8 Act A522 A1309 Act 24-07-1981 01-02-2008 8a A1309 Act 01-02-2008 9 A1309 Act 01-02-2008 10 A522 A825 Act Act Act A1309 24-07-1981 17-07-1992 01-02-2008 11 Act A754 23-02-1990 12 A825 Act Act Act A522 A1309 24-07-1981 17-07-1992 01-02-2008 weights and Power to amend Section 45 with effect from 14 A754 A825 Act Act 23-02-1990 17-07-1992 14a of Act A754 23-02-1990 14b A754 Act 23-02-1990 14c Act A754 23-02-1990 16 Act A825 17-07-1992 17 A825 Act 17-07-1992 18 Act A522 A825 Act 24-07-1981 17-07-1992 19 Act A754 23-02-1990 20 Act A825 17-07-1992 20a A754 A825 Act Act 23-02-1990 17-07-1992 23 of A754 23-02-1990 24 Act A522 24-07-1981 25 A1309 Act 01-02-2008 25a A825 A1309 Act Act 17-07-1992 01-02-2008 26 Act A522 24-07-1981 26a A1180 Act 04-04-2005 26b A1180 Act 04-04-2005 26c Act A1180 04-04-2005 26d Act A1180 04-04-2005 26e A1180 Act 04-04-2005 26f A1180 Act 04-04-2005 26g Act A1180 04-04-2005 26h Act A1180 04-04-2005

27 the Act A522 A1180 Act 24-07-1981 04-04-2005 46 laws of Malaysia Act 71 Section Power amend with effect from 27a A754 A1309 Act Act 23-02-1990 01-02-2008 28 A754 A825 Act Act 23-02-1990 17-07-1992 28a A754 Act 23-02-1990 28b A754 Act 23-02-1990 29 A522 Act Act Act Act A754 A825 A1309 24-07-1981 23-02-1990 17-07-1992 01-02-2008 33 A754 A1309 Act Act 23-02-1990 01-02-2008 34 A1309 Act 01-02-2008 34a A754 A1309 Act Act 23-02-1990 01-02-2008 the first schedule of the Act A522 P.U. (A) 392/1985 Act A754 A1309 Act 24-07 30-08-1981-1985 23-02-1990 01-02-2008 the second table Act A522 A754 Act 24-07-1981 23-02-1990 third schedule A1309 Act 01-02-2008 the fourth schedule P.U. (A) 293/1981 01-10-1981