Custodian of Weights and Measures
(1) The National Measurement Standards Laboratory shall be the Custodian of Weights and Measures for the purposes of carrying into effect the provisions of this Act. (2) The Minister may, by regulations, prescribe the duties and powers of the Custodian.
Custodian to advise Minister
The Custodian of Weights and Measures shall advise the Minister on all matters related to calibration, verification and testing of weights and measures or instruments for weighing or measuring and other matters related to metrology except the International System of Units and systems of measurement.
Chief Inspector, Deputy Chief Inspectors and Inspectors
(1) The Minister may appoint a Chief Inspector of Weights and Measures and such number of Deputy Chief Inspectors of Weights and Measures and Inspectors of Weights and Measures as are necessary for the carrying into effect the provisions of this Act. (2) The Chief Inspector shall be the principal Inspector of Weights and Measures and shall have the general supervision and all the powers and discretion of an Inspector under this Act. (3) The powers and discretion vested in the Chief Inspector and the duties required to be discharged by him may be exercised and discharged by any Deputy Chief Inspector. (4) The Minister may from time to time give the Chief Inspector directions of a general character and not inconsistent with the provisions of this Act and the Chief Inspector shall give effect to such directions.
Licence to carry out the duties of an Inspector or to provide services
(1) The Minister may grant a licence to a company nominated by the Government of Malaysia under this section— (a) to perform any of the functions of an Inspector; or (b) to provide services in relation to the testing, verification, stamping, authentication or certification of any weight or measure or instrument for weighing or measuring for the purposes of Part III. (2) Without prejudice to the generality of subsection (1), every licence issued under this section shall set out the following matters: (a) the functions to be performed or the services to be provided by the licensed company; (b) the performance standards to be complied with by the licensed company; (c) the duration of the licence; (d) the consideration payable by the company for the granting of the licence; and (e) such other matters or conditions as the Minister thinks fit.
Fees collected by licensed companies
Notwithstanding any provision of this Act or the Financial Procedure Act 1957 [Act 61], all fees for the performance of any function or provision of any service by the licensed company shall be collected by, and form part of the revenue of, the licensed company.
Submission of memorandum for any change in existing fees
(1) The licensed company may submit to the Minister a memorandum containing proposals for any change in the existing fees prescribed under regulations made under section 29 which relate to the performance of any of its functions or the provision of any service, for the approval of the Minister. (2) The Minister shall consider the memorandum within six months of receiving the memorandum. (3) The Minister may approve or reject the proposals in the memorandum. (4) The Minister may approve the proposals, subject to such modifications as he deems fit. (5) Where the Minister rejects the proposals, the licensed company may, if there is a change in the circumstances relating to the proposals, apply to the Minister for a review, but such application shall be made before the expiration of thirty days from the date the company is notified of the Minister’s rejection. (6) The Minister shall consider the application referred to in subsection (5) within three months of receiving the application.
Minister to amend regulations in respect of fees
Where the Minister approves the memorandum, with or without any modification, he shall as soon as practicable amend the regulations in respect of the existing fees to provide for the changes in the fees.
General duties of licensed companies
(1) The licensed company shall ensure that the services provided by it meet the performance standards as set out in the licence. (2) The licensed company shall have due regard to the efficiency, economy and safety of operation in respect of the services provided by it.
Inspectorial power of the Chief Inspector
The Chief Inspector or any person authorized by him may, for the purposes of ensuring compliance by the licensed company of this Act, any regulations made thereunder and the conditions of its licence, enter upon any of the premises occupied by the licensed company— (a) to inspect the state of such premises; (b) to examine and test any standard or equipment used by the licensed company in performing its duties or providing its services under this Act; (c) to observe the performance of the duties or the provision of services by the licensed company; (d) to inspect any record and document related to the duties performed or services provided by the licensed company; and (e) to request and obtain any information relating to the duties performed and services provided by the licensed company.
Suspension or revocation of licence on breach of condition of licence
(1) Where the Chief Inspector is satisfied that the licensed company is contravening, or has contravened and is likely again to contravene, any of the conditions of its licence, the Chief Inspector may give notice in writing to the licensed company requiring it to comply with that condition within the period prescribed in the notice. (2) If on the expiry of the period prescribed in such notice the licensed company fails to comply with the condition mentioned in the notice, the Chief Inspector shall submit to the Minister a report of such non-compliance by the licensed company and the report shall be in such form as the Chief Inspector considers appropriate. (3) Where, after considering the report from the Chief Inspector, the Minister is satisfied that the contraventions were, or the apprehended contraventions are, of a serious nature or affected or likely to affect public interest or safety and that the licensed company has refused to take or has not taken all such steps as appear to be necessary to the Minister for the purpose of securing compliance with the condition in question, the Minister may give notice to the licensed company stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also— (a) set out the condition of the licence which the licensed company has contravened and the acts or omissions which constitute such contravention; and (b) specify the period (not being less than thirty days from the date of the notice) within which the licensed company may make representations with respect to the proposed suspension or revocation, as the case may be. (4) After the expiry of the period specified in the notice and after considering any representation made by the licensed company, the Minister shall decide whether to proceed with the proposed action or to take no further action. (5) A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the notice is served on the company. (6) The decision of the Minister under this section shall be final and conclusive.
Suspension or revocation of licence for breach of this Act or regulations
(1) Where the Chief Inspector is satisfied that the licensed company has contravened any provision of this Act or any of the regulations made thereunder, he shall submit to the Minister a report of such breach or non-compliance by the licensed company. (2) Where, after considering the report from the Chief Inspector, the Minister is satisfied that the contravention was of a serious nature or affected or likely to affect the public interest or safety, he shall give notice to the licensed company stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also— (a) set out the provision of this Act or the regulations made thereunder which the licensed company has contravened and the acts or omissions which constitute such contravention; and (b) specify the period (not being less than thirty days from the date of the notice) within which the licensed company may make representations with respect to the proposed suspension or revocation, as the case may be. (3) After the expiry of the period specified in the notice and after considering any representation made by the licensed company, the Minister shall decide whether to proceed with the proposed action or to take no further action. (4) A notice shall be given by the Minister to the licensed company of his decision and the decision shall take effect from the date on which the notice is served on the company. (5) The decision of the Minister under this section shall be final and conclusive.
Licence to make, sell or repair weights or measures or instruments for weighing or measuring
(1) The Chief Inspector shall be the authority to issue licences to make, sell or repair weights or measures or instruments for weighing or measuring. (2) A licence issued under this section shall be subject to any terms and conditions as may be prescribed in such a licence. (3) The Chief Inspector may refuse to issue a licence under this section or may revoke any licence already issued or add to, vary or remove any conditions in a licence. (4) Any person aggrieved by the decision made by the Chief Inspector under this section may within thirty days of the notification of such decision appeal to the Minister whose decision shall be final. (5) The Minister may prescribe the form of licence to be issued under this section and the books or records to be kept in relation thereto.
Institution of prosecution
No prosecution for or in relation to any offence under this Act shall be instituted expect by or with the written consent of the Public Prosecutor.
Power to inspect weights and measures, etc., and to enter premises
(1) Any Inspector may, at all reasonable hours, exercise the following powers, that is to say: (a) enter any premises for the purposes of inspecting, verifying and stamping or authenticating any weight or measure or any instrument for weighing or measuring, or for the purposes of ascertaining whether any offence under this Act or any regulations made thereunder has been committed; (b) seize and detain any weight, measure or instrument for weighing or measuring, or stamp or stamping instrument, which is used in the commission of any offence under this Act or any regulations made thereunder; (c) seize and detain any goods, records or documents which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder; (d) seal in any manner any weight, measure or instrument for weighing or measuring which is used, or which is reasonably suspected of being used, in the commission of any offence under this Act or any regulations made thereunder; (e) examine any certificates, documents or papers, including books, reports, records, shipping bills and bills of lading or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device where there are reasonable grounds to believe that it contains any information, relevant to the enforcement of this Act or any regulations made thereunder and make copies thereof or extracts therefrom; (f) with the assistance of any police officer, stop and detain any motor vehicle or other conveyance that the Inspector has reasonable grounds to believe is fixed with any weights or measures or instruments for weighing or measuring, or carrying weights, measures or instruments for weighing or measuring or goods which he has reason to believe is required to be produced as evidence in any proceedings under this Act or any regulations made thereunder or is equipped with a device that is used or designed to be used for trade purposes and— (i) where necessary, for the purposes of making an inspection under subparagraph (ii), require the operator of that motor vehicle or other conveyance to proceed with the motor vehicle or other conveyance to an appropriate place where such inspection may be made; and (ii) inspect any such weight, measure or instrument for weighing or measuring of such goods or devices found in or upon that motor vehicle or other conveyance; (g) examine all certificates of verification, records and documents relating to any such weight, measure or instruments for weighing or measuring, or certificate issued under section 14b. (2) Any person who neglects or refuses to produce for an inspection under this section any weights, measures and instruments for weighing or measuring or any certificates of verification in his possession or in his premises or refuses to permit the Inspector under this section to examine the same or any of them or obstructs the Inspector from entering the premises or otherwise obstructs or hinders the Inspector from acting under this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Forfeiture of instrument for weighing or measuring, etc.
(1) Any weight or measure or instrument for weighing or measuring seized pursuant to this Act shall be liable to forfeiture. (2) The court trying any person accused of an offence under this Act or any regulations made thereunder may at the conclusion of the trial, whether he is convicted or not, order that weight or measure or instrument for weighing or measuring seized from that person be forfeited. (3) Where there is no prosecution with regard to any weight or measure or instrument for weighing or measuring seized in exercise of any powers conferred under this Act, the same shall be taken and deemed to be forfeited at the expiration of one calendar month from the date it was seized unless a claim thereto is made before that date in the manner hereinafter set forth. (4) Any person asserting that he is the owner of any weight or measure or instrument for weighing or measuring seized under this Act and that the same are not liable to forfeiture may personally or by his agent authorized in writing by him give written notice to the Deputy Chief Inspector of his claim. (5) On receipt of a notice under subsection (4), the Deputy Chief Inspector shall refer the notice to the Chief Inspector who may, after such enquiry as may be necessary, direct that such weight or measure or instrument for weighing or measuring be released or forfeited or refer the matter to the court for decision. (6) The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the weight or measure or instrument for weighing or measuring and the person from whom it was seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act or any regulations made thereunder has been committed and that such weight or measure or instrument for weighing or measuring was the subject matter or was used in the commission of such offence, shall order the same to be forfeited or may, in the absence of such proof, order the release of such weight or measure or instrument for weighing or measuring to the person entitled to it. (7) Any weight or measure or instrument for weighing or measuring forfeited or deemed to be forfeited under this Act shall be disposed of in accordance with the direction of the Chief Inspector.
Protection of Inspectors, etc., for putting Act in force
No action or prosecution shall be brought, instituted or maintained in any court against the Chief Inspector, Deputy Chief Inspector, any Inspector or police officer for or on account of or in respect of any act ordered or done for the purposes of carrying into effect this Act or any regulations made thereunder and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purporting to have been done by him under order, direction or instruction of the Chief Inspector, Deputy Chief Inspector, any Inspector or police officer given for any such purpose as aforesaid: Provided that, that order, direction or instruction was given or the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2009 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).