Meaning of “use for trade”
(1) For the purposes of this Act, the expression “use for trade” means, subject to subsection (2), use in Malaysia in connection with, or with a view to, a transaction for—
(a) the transferring or rendering of money or money’s worth in consideration of money or money’s worth;
(b) the making of a payment in respect of any toll or duty; or
(c) the making of payment in respect of any work done, or services rendered, or for the purpose of determining wages due,where—
(i) the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement as to the quantity; and
(ii) the use is for the purpose of the determination or statement of that quantity.
(2) The foregoing subsection shall not apply where the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Malaysia and the transaction is not a sale by retail.
(3) Any weighing or measuring instrument which is made available in Malaysia for use by the public whether on payment or otherwise shall be treated for the purposes of this Part as an instrument for weighing or measuring for use for trade whether or not it would apart from this subsection be so treated.
Units of measurement, weights and measures lawful for use for trade
(1) No person shall—
(a) use for trade any unit of measurement of length, area, volume or mass or weight which is not included in the First Schedule and Second Schedule to the National Measurement System Act 2007; or
(b) use for trade, or have in his possession for use for trade, any linear, square, cubic or capacity measure which is not included in the Second Schedule or any weight which is not so included.
(2) Save as may be prescribed and subject to any regulations made under section 29—
(a) a linear measure specified in Part 1 of the Second Schedule may be marked in whole or in part with divisions and subdivisions representing any shorter length or lengths;
(b) no capacity measure specified in Part 4 of the said Second Schedule shall be used for trade by means of any division or subdivision marked thereon as a capacity measure of any lesser quantity.
(3) 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 four 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
(1) Every weight for use for trade except where the small size of the weight renders it impracticable, shall have the denomination of such weight marked on the top or side thereof in legible figures and letters by the manufacturer:
Provided that where the small size of a weight renders it impracticable to mark such a weight, a certificate shall be supplied by the manufacturer in respect of such weight and the certificate shall be produced to the Inspector on his request and shall contain sufficient particulars to enable the identification and denomination of such weight to be established.
(2) 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.
(3) 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
(1) Subject to subsection (5) every weight and measure and instrument for weighing or measuring for use for trade shall be verified and stamped by an Inspector with a stamp of verification and a certificate of verification shall be issued by such Inspector at the time of stamping every such weight or measure or instrument for weighing or measuring:
Provided that where the small size of weight renders it impracticable for the Inspector to stamp such weight with his stamp of verification, he may, on being satisfied with the identity and denomination of such weight, dispense with such stamping and issue a certificate of verification.
(1a) 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.
(2) 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.
(3) 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.
(4) 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.
(4a) 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.
(4b) 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:
(a) where any weight or measure or instrument for weighing or measuring is of such a character that it is not capable of being readily or conveniently submitted to an Inspector for testing, or verification and stamping, or authentication, such Inspector shall, upon the written request of the person in possession of such weight or measure or instrument for weighing or measuring and upon the payment of the prescribed fees, attend at the premises where such weight or measure or instrument is located to do the testing, verification and stamping, or authentication; and
(b) the Chief Inspector shall not fix a place for testing, verification and stamping, or authentication which would result in a person desiring to avail himself of the facility afforded having to travel unreasonable distances.
(5) An Inspector shall not verify, stamp, certify or authenticate any weight or measure or instrument for weighing or measuring where—
(a) such weight or measure or instrument for weighing or measuring is not in conformity with subsections 12(1) and (2);
(b) such weight or measure or instrument for weighing or measuring 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;
(c) such weight or measure or instrument for weighing or measuring contravenes any of the provisions of this Act or the regulations made thereunder; or
(d) such weight or measure or instrument for weighing or measuring does not have the approval of the Custodian of Weights and Measures under subsection (5a).
(5a) 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.
(6) 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 four thousand ringgit or to imprisonment for a term not 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.
(1) Where a person submits any weight or measure or instrument for weighing or measuring for verification and stamping
or authentication, the Inspector may require the person to provide him with such assistance in connection with the testing of the weight or measure or instrument for weighing or measuring as the Inspector reasonably considers it necessary for the person to provide and shall not be obliged to proceed with the test until the person provides such assistance.
(2) 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.
(3) 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.
(4) 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
(1) No person shall attend to any weighing or measuring by means of any public weighing or measuring instrument unless he holds a 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 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.
(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.
(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 three 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 hundred 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.
(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 one 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 three thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Revocation of certificate issued under section 14b
Any person granted a certificate under subsection 14b(1) may have his certificate revoked by the Chief Inspector if the person issued with the certificate is convicted of any offence
under this Act, provided that no such revocation shall be made without first giving the aggrieved person an opportunity to be heard by the Chief Inspector.
Lead or pewter weights
(1) A weight made of lead or pewter or of any mixture thereof shall not be verified and stamped with a stamp of verification or certified or authenticated under section 14 nor shall such weight be used for trade:
Provided that this subsection shall not apply where such weight is wholly and substantially cased with brass, copper or iron and legibly marked “cased”.
(2) 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.
Use or possession of unjust weights, etc.
Any person who uses or has in his possession for the use for trade any weight, measure or instrument for weighing or measuring which is not in conformity with subsections 12(1) and (2) or which is false or unjust shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or to both, and such weight or measure or instrument for weighing or measuring shall be liable to be forfeited.
Use or possession of false weight or measure, etc., to defraud
Whoever is in possession of any weight or measure or instrument for weighing or measuring which he knows to be false and intending that the same may be fraudulently used or having fraudulently used such 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 five thousand ringgit or to imprisonment for a term not exceeding four 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 this section shall be liable to be forfeited.
Penalty on manufacture, sale and repair of false weights, etc.
(1) No person shall—
(a) make or sell or attempt to sell or expose for sale any false or unjust weight or measure or instrument for weighing or measuring;
(b) 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;
(c) make or repair for gain or sell or attempt to sell or expose for sale any weight or measure or instrument for weighing or measuring unless he is licensed in that behalf in accordance with section 27; or
(d) 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.
(2) 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 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 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 five thousand ringgit or to imprisonment for a term not exceeding four years or to both.
(4) 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
Where in any trade the transaction or dealing in relation thereof is to be determined by weight or measure and the trader in respect of such trade is not in possession of an instrument for weighing or measuring necessary for such trade, the trader shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit.
Forgery or counterfeiting of certificate or stamp on weights, measures or instruments for weighing or measuring
(1) Any person who forges or counterfeits any certificate issued or any stamp used for stamping under this Act in respect of any weight or measure or instrument for weighing or measuring, or wilfully increases or diminishes a weight or measure or instrument for weighing or measuring so stamped, 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 four years or to both.
(2) 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.
(3) 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 five thousand ringgit or to imprisonment for a term not exceeding four years or to both.
Offence in connection with stamping instrument
(1) Subject to subsection (2), any person who, not being an Inspector—
(a) marks in any manner any plug or seal or plate designed for use for the reception of a stamp of verification;
(b) except as permitted by or under this Act, in any way alters or defaces any stamp of verification;
(c) forges or counterfeits any stamp of verification;
(d) removes any stamp of verification and affixes or attaches it to any other weight or measure or instrument for weighing or measuring;
(e) 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
(f) 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 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 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
Whenever any weight, measure or instrument for weighing or measuring is found in the premises of any person or in the
possession of any person carrying on trade, any such person shall, unless the contrary is proved, be presumed for the purpose of this Act to have such weight or measure or instrument for weighing or measuring in his possession for use for trade.
Offence committed by a servant
Where an offence under this Act or any regulations made thereunder is committed by a servant, the master in the course of whose employment the servant who commits the offence is employed shall also be guilty of the offence unless the said master proves to the satisfaction of the Court:
(a) that he used due diligence to secure compliance with this Act or any regulations thereunder; and
(b) that the offence was committed without his knowledge, consent or connivance.
(Deleted by Act A754).
(Deleted by Act A522).
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
