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| WEIGHTS AND MEASURES |
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AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO WEIGHTS AND MEASURES.
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| Ordinance Nos, |
| 37 of 1946 |
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[1st March
, 1955 ]
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Short title.
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1. This Ordinance may be cited as the Weights and Measures Ordinance.
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| APPOINTMENTS, ADMINISTRATION, & c. |
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Appointment of Warden of the Standards, Deputy Warden of the Standards, Examiner of Standards and superintendent of weights and measures.
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2.
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(1) There may, for the purposes of this Ordinance, be appointed- [3]
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(a) [3] a person, by name or by office, to be or to act as Warden of the Standards;
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(b) a [3] person, by name or by office, to be or to act as Deputy Warden of the Standards;
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(c) [3] person , by name or by office, to be or to act as Examiner of the Standards ;
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(d) a [3] person by name or by office to be or to act as superintendent or assistant superintendent of weights and measures for any specified district or area;
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(2) The Deputy Warden of the Standards appointed under subsection (1) may, subject to the general direction and control of the Warden of the Standards, exercise, perform or discharge all or any of the powers, duties or functions, conferred or imposed on or assigned to the Warden by or under this Ordinance.
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Local authorities.
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3. The Minister [1] may by Order [1] published in the Gazette-
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(a) declare that any Municipal Council, Urban Council, Town Council or Village Committee shall be the local authority for the purposes of the administration of the Ordinance in the area within the administrative limits of such Council or Committee, as the case may be ; and
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(b) where any Council or Committee so declared to be a local authority has failed or is unable to exercise or perform the powers or duties conferred or imposed on a local authority by this Ordinance, declare that such Council or Committee shall cease to be a local authority for the purposes of this Ordinance.
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Appointment of inspection
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4.
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(1) The Warden shall appoint such number of inspectors of weights and measures and other officers and servants as may be necessary for the administration of this Ordinance in all areas other than areas within the administrative limits of local authorities, and shall assign to every such inspector an area (hereinafter referred to as a ” division “) in which he shall exercise the powers and discharge the duties conferred or imposed on an inspector by or under this Ordinance.
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(2) Every local authority shall appoint not less than one inspector of weights and measures for the area within the administrative limits of that authority, and may appoint such other inspectors, officers and servants as may be necessary for the administration of this Ordinance in that area.
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(3) No person shall be appointed under this section to be an inspector unless he holds a certificate in the prescribed form under the hand of the Warden to the effect that he is competent to be an inspector; no such certificate shall be issued to any person unless he has been examined by, and passed the prescribed tests to the satisfaction of the Warden.
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(4) A superintendent shall have and may exercise within the district or area for which he is appointed, all the powers conferred on an inspector by or under this Ordinance.
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| AUTHORIZED WEIGHTS AND MEASUREMENT |
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Avoirdupois weight.
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5.
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(1) A pound avoirdupois shall be the primary weight in Ceylon.
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First Schedule.
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(2) The weights specified in the first column of the First Schedule (in this Ordinance referred to as “avoirdupois weight “), are hereby declared to be such parts or multiples of a pound avoirdupois as are respectively specified in the second column of that schedule.
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Apothecaries weight. Second Schedule
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6. The weights specified in the first column of the Second Schedule (in this Ordinance referred to as “avoirdupois weight” ), are hereby declared to be such parts of a pound avoirdupois as are respectively specified in the second column of that Schedule.
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Troy weight. Third Schedule.
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7. The weights specified in the first column of the Third Schedule (in this Ordinance referred to as “troy weight” ), are hereby declared to be such parts multiples of a pound avoirdupois as are respectively specified in the second column of that Schedule.
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Jewelers’ weight
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8.
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(1) The carat is hereby declared to be a weight equivalent to 3.08646974 grains of avoirdupois weight .
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Fourth Schedule.
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(2) The weights specified in the first column of the Fourth Schedule (in this Ordinance referred to as “jewelers’ weight”) are hereby declared to be such parts or multiples of a carat as are respectively specified in the second column of that Schedule.
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Measures of length.
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9.
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(1) A yard shall be the primary measure of length in Ceylon.
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Fifth Schedule.
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(2) The measures specified in the first column of the Fifth Schedule (in this Ordinance referred to as ” measure of length “), are hereby declared to be such parts or multiples of a yard as are respectively specified in the second column of that Schedule.
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Measures of surface.
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10.
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(1) A square yard shall be the primary measure of surface in Ceylon.
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Sixth Schedule.
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(2) The measures of surface specified in the first column of the Sixth Schedule are hereby declared to be such parts or multiples of a square yard as are respectively specified in the second column of that Schedule.
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Measures of capacity.
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11.
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(1) A gallon shall be the primary measure of capacity in Ceylon.
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Seventh Schedule.
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(2) The measures specified in the first column of the Seventh Schedule (in this Ordinance referred to as ” measures of capacity “), are hereby declared to be such parts or multiples of a gallon as are specified respectively in the second column of that Schedule.
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Eighth Schedule.
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12. The apothecaries’ measures specified in the first column of the Eighth Schedule are hereby declared to be such parts of a gallon as are respectively specified in the second column of that Schedule.
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Authorized weights and
measures.
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13.
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(1) All weights and measures specified in the Schedules to this Ordinance are hereby declared to be, and are referred to in this Ordinance as, authorized weights and authorized measures, respectively; and every denomination of weight or measure specified in any such Schedule is hereby declared to be, and is referred to in this Ordinance as, an authorized denomination of weight or measure, as the case may be.
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(2) The Minister [1] may from time to time, by Order [1] published in the Gazette declare either generally or for the purpose of any specified trade or class of trades –
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(a) new denominations of the weights and measures specified in any Schedule to this Ordinance;
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(b) new weights and measures in addition to the weights and measures specified in the Schedules to this Ordinance.
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(3) Every new denomination of weight or measure and every new weight or measure declared by Order * under subsection (2) shall, to the extent specified in such Order, [1] be an authorized denomination of weight or measure or an authorized weight or measure, as the case may be, for the purpose of this Ordinance.
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| STANDARDS OF WEIGHT AND MEASURE |
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Ceylon standards.
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14.
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(1) (1) For the purposes of this Ordinance, the Minister1 may from time to time procure such standards of weight and measure as he may consider necessary.
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(2) Every standard of weight or measure procured under subsection (1) shall be the equivalent of an authorized denomination of weight or measure, and shall be made of such materials and in such manner as to be, as far as practicable, proof against mechanical and atmospheric agencies and other sources of error.
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(3) Every standard of weight or measure procured under subsection (1) shall be verified and stamped at the Standards Department of the Board of Trade in England before such standard is brought into use in Ceylon.
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(4) The Minister [1] may by notification in the Gazette declare that any standard of weight or measure, which has been procured and verified under this section , shall be brought into use in Ceylon and such standard shall upon such notification became a Ceylon standard and shall for all purposes whatsoever be conclusively presumed to be true and accurate.
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Custody and verification of Ceylon standards
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15.
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(1) Every Ceylon standard shall be kept and preserved in such manner as may be prescribed at the office and in the custody of the Warden.
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(2) The Minister [1] shall, once at least in each period of fifteen years, cause every Ceylon standards , to be verified and necessary, adjusted or renewed, at the Standards Department of the Board of Trade in England :
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Provided, however, that before any Ceylon standard of any weight or measure is sent out of Ceylon for such purpose, the Minister [1] may cause a secondary standard of that weight or measure to be verified by comparison with such Ceylon Standard and to authenticated in such manner as the Minister [1] may direct and to be placed in the custody of the warden , and such secondary standard shall, during such time as the Ceylon standard shall, during such time as the Ceylon standard is out of Ceylon, b deemed to be a Ceylon standard.
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Secondary standards.
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16.
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(1) The Minister may, for the purposes of this Ordinance, cause such copies as he may consider necessary of any Ceylon standards to be made in such manner and of such material, weight, length, form and specifications, as may be prescribed.
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Every such copy of a Ceylon standard shall unless otherwise prescribed, be verified at the Standards Department of the Board of Trade in England , and shall be authenticated in the prescribed manner before it is brought into use in Ceylon
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The Minister [1] may, by Notification published in the Gazette, declare that any copy of a Ceylon standard which has been verified and authenticated in accordance with the provisions of subsection (2) , shall be brought into use in Ceylon ; and such copy shall upon such notification become a secondary standard of weight or measure, as the case may be, and shall be deemed , until the contrary is proved , to be true and accurate.
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(4) Every secondary standard of any weight or measure shall be kept and preserved in such manner as may be prescribed at the office and in the custody of the Warden, who shall, once at least in each period of five years, cause such standard to be compared with the Ceylon standard of that weight or measure and, if necessary to be corrected or adjusted.
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(5) The Minister [1] may at any time by Notification published in the Gazette cancel any secondary standard and any standard so cancelled shall thereupon cease to be, and to be used as, a secondary standard.
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Working Standards.
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17.
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(1) The Warden or any local authority may from time to time for the purposes of this Ordinance procure such copies as may be necessary of the secondary standards of weight and measure ; every such copy shall be made in such manner and of such materials, form and specifications as may be prescribed.
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(2) The Warden shall cause every such copy of a secondary standard to be verified, and if found to be correct, to be authenticated, in the prescribed manner; every copy so authenticated shall be a working standard for the purposes of this Ordinance, and shall be deemed, until the contrary is proved, to be true and accurate.
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Revision of working standards for the use of inspectors.
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18.
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(1) The Warden shall provide, for use by inspectors appointed by him, such number of working standards as he may consider necessary; and such standards shall be kept at every catcher in Ceylon and at such other places as the Warden may direct, in the custody of the Government Agent of the district, or, in the case of a place other than a catcher, in the custody of the superintendent of the district or area in which that place is situated.
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(2) Every local authority shall provide, for use by inspectors appointed by that authority, such working standards as the Warden may from time to time direct; and such standards shall be kept at the office and in the custody of the authority and at such other places in the area of that authority as the Warden may direct.
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Periodical verification of working standards.
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19.
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(1) Every local authority and every Government Agent having the custody of any working standard, shall once at least in every period of two years send that standard to the Warden for the purpose of examination.
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(2) The Examiner shall examine every working standard of weight or measure which is sent to the Warden under subsection (1) and shall compare it with the secondary standard of that weight or measure, and if such working standard is, after such correction or adjustment as may be necessary, found to be true and accurate, shall in such manner as may be prescribed, stamp it as correct.
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Provision of weighing and measuring instruments for use by inspectors.
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20.
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(1) The Warden shall provide, for use by inspectors appointed by him, such weighing and measuring instruments as he may consider necessary; and such instruments shall be kept at every catcher in Ceylon and at every other place at which working standards are, under section 18(1), required to be kept,
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(2) Every local authority shall keep and maintain such weighing and measuring instruments as the Warden may direct at the office of the authority and at every other place in the area of that authority at which working standards are, under section 18 (2), required to be kept.
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(3) Every weighing or measuring instrument which is provided and kept under this section, shall be verified by the superintendent at such times and in such manner as may be prescribed.
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Judicial notice of standards.
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21. Every court shall take judicial notice of every Ceylon standard and of every secondary or working standard, o
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| USE OF WEIGHTS AND MEASURES, & c. |
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All contracts, sales, & c. and collection of fees or duties to be in terms of authorized weights or measures .
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22.
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(1) Save as is otherwise provided in section 54, every contract, bargain, sale or dealing made or had in Ceylon whereby any work, goods, wares, merchandise or other thing is or are to be done, sold, delivered, carried, measured, computed, paid for, or agreed for by weight or measure, shall be made and had according to one of the authorized weights and measures.
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(2) All fees and duties whatsoever charged or collected in Ceylon according to weight or measure shall be charged and collected according to one of the authorized weights or measures .
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(3) Every contract, bargain, sale or dealing which is not made or had in accordance with the provisions of subsection (1) shall be void:
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Provided, however, that notwithstanding anything in this section, a court may, in any case where any person has derived or received any advantage from or under any such contract, bargain, sale or dealing, make such order as the court may deem expedient for the purpose of compensating the person from whom or on account of whose act such advantage was derived or received.
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Only authorized denominations to be used for trade.
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23. Save as is otherwise provided in section 54, no weight or measure of any denomination other than an authorized denomination shall be used for the purpose of any trade.
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Use of authorized weights for sale of articles.
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24. Subject as hereinafter provided, every article which is sold by weight shall be sold by avoirdupois weight, and every computation of the weight of any article for the purpose of trade shall be made avoirdupois weight:
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Provided, however, that-
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(a) drugs, when sold by retail, may be sold by apothecaries’ weight;
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(b) troy weight or jewelers’ weight may be used for the sale or for the computation of the weight-
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(i) of gold and silver or any article made thereof including gold or silver thread, lace and fringe;
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(ii) of platinum, diamonds, or any other precious metal or stone.
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Provided further, that nothing in this section shall be deemed to prohibit the use of any new weight declared by Order [1] under section 13 to such extent as may be specified in such Order [1] .
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Use of weight or measure the denomination of which is not stamped thereon.
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25. No person shall use for the purpose of any trade, have in his possession for use in any trade-
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(a) any weight which purports to be of a denomination equivalent to an authorized denomination, unless the denomination is stamped on the top or side thereof in legible figures and letters; or
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(b) any measure of length or capacity which purports to be of a denomination equivalent to an authorized denomination, unless the denomination is stamped on the outside thereof in legible figures and letters;
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(c) any striker which does not comply with the requirements of section 30 (a):
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Provided that nothing in this section shall be deemed to require the stamping of a denomination of any weight, if the small size of such weight renders such stamping impracticable.
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Use of weighing or measuring instrument the capacity of which is not stamped thereon.
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26. No person shall use for the purpose of any trade, or have in his possession for use in any trade any weighing or measuring instrument which does not bear a stamp indicating the maximum “eight or measure, as the case may be, which may be weighed or measured by means of such instrument.
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Seller to weigh or measure article if required.
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27. Every person who in any shop, warehouse, store, market, or public place sells any article by weight or measure, whether on his own behalf or on behalf of the owner of such article, shall on demand made by the person to whom the article is to be delivered-
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(a) if the article is sold by weight, weigh the article in a weighing instrument in the presence of that person ; or
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(b) if the article is sold by measure, measure the article in a measure of capacity in the presence of that person.
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Prohibition on sale of weight, & c., not stamped by inspectors.
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28. No person shall sell or expose for sale any weight or measure or weighing or measuring instrument which has not been verified and stamped by an inspector with the prescribed mark of verification.
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Prohibition of use of weights, measures, or instruments not stamped by inspectors.
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29. Where the Minister [1] is satisfied that sufficient facilities are provided under this Ordinance for the verification and stamping by inspectors of all weights and measures and weighing and measuring instruments which are in use in any place or area in Ceylon , the Minister [1] may by Order [1] published in the Gazette prohibit the use, for the purpose of any trade in that place or area, of any weight or measure or weighing or measuring instrument which has not been stamped by an inspector with the prescribed mark of verification; every such Order [1] shall be in force in such place or area on and after such date as may be specified therein, not being earlier than three months after the date on which the Order [1] is published in the Gazette.
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Use of measures of capacity.
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30. Where any authorized measure of capacity is used for the purpose of any trade, such measure shall not be heaped but shall-
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(a) be stricken with a round striker which must be straight and of the same diameter from end to end ; or
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(b) where the article measured cannot conveniently be stricken by reason of Its shape or size, be filled in all parts as nearly to the level of the brim as the shape and size of the article will permit.
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Prohibition of sale, manufacturer or repair of weights, measures. & c, except under licence.
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31.
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(1) No person shall sell, manufacture or repair any authorized weight or measure or any weighing or measuring instrument except under the authority of a licence issued by the Warden under this section.
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(2) No licence to sell, manufacture or repair weights, measures, strikers, and weighing and measuring instruments shall be issued to any person except upon payment of the prescribed fee.
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(3) Every licence issued by the Warden under this section shall be in the prescribed form, shall be subject to such conditions as may be prescribed, and shall be in force until such date as may be specified in the licence.
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(4) Regulations may be made prohibiting persons licensed under this section from demanding or accepting, in respect of the repair or adjustment of weights, measures, and weighing and measuring instruments, fees in excess of such maximum fees as may be prescribed by such regulations.
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| INSPECTION, STAMPING AND VERIFICATION OF WEIGHTS AND MEASURES |
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Periodical examination of weights measures and instruments.
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32.
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(1) The superintendent for each district or area shall fix the times and the places within such district or area at which each inspector appointed by the Warden shall examine and verify weights and measures and weighing and measuring instruments.
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(2) The Chairman of every local authority shall fix the times and the places within the area of that authority at which each inspector appointed by that authority shall examine and verify weights and measures and strikers and weighing and measuring instruments.
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(3) Public notice of the ‘time and place fixed under subsection (1) or subsection (2) for the examination and verification of weights and measures and strikers and weighing and measuring instruments shall be given by the superintendent for the district or area or the Chairman of the local authority, as the case may be, in such manner and at such times as may be prescribed.
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(4) Every inspector shall at the time and place fixed under this section for examination by him, attend with the working standards provided for his use and shall-
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(a) examine in the prescribed manner every weight or measure which is produced to him for the purpose and compare it with a working standard of that weight or measure; and
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(b) examine and test in the prescribed manner every weighing or measuring instrument and any striker which is produced to him for the purpose.
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(5) Nothing in subsection (1) or subsection (2) shall be deemed to prevent an inspector from examining, comparing or testing any weight or measure or striker or weighing or measuring instrument which is produced to him for examination at any time or place other than a time or place fixed under this section.
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(6) No inspector shall examine any weight or measure or weighing or measuring instrument under this section, except upon payment of the prescribed fee for such examination.
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Stamping of mark of verification.
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33.
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(1) An inspector who, upon examination under section 32,finds any weight or measure or weighing or measuring. instrument to be just, and otherwise in all respects to comply with the provisions of this Ordinance and of the regulations made thereunder, shall stamp such weight, measure or instrument in the prescribed manner with the prescribed mark of verification.
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(2) No inspector shall stamp with a mark of verification any weight or measure or weighing or measuring instrument which is not just or which does not comply with any provisions of this Ordinance or any regulation which is applicable in the case of such weight, measure or instrument, as the case may be.
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(3) No inspector shall stamp any weight or measure with a mark of verification-
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(a) unless such weight or measure is of an authorized denomination, or
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(b) unless he has tested it by comparison with a working standard of that weight or measure.
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Weights, & c, stamped by inspectors to be legal weights, & c, in Ceylon.
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34. Every weight or measure or weighing or measuring instrument which has been duly stamped by an inspector under this Ordinance with the prescribed mark of verification shall unless it is found thereafter to be false “or unjust, be a legal weight, measure or instrument, as the case may be, in any part of Ceylon.
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Power of inspectors to enter premises and inspect weights, & c.
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35. Any inspector may at any reasonable time enter any factory, shop, store, godown, shed, land or premises, which is in his division or in the area of the local authority by which he was appointed, as the case may be, and in which any weight or measure or striker or weighing or measuring instrument is or is suspected to be kept or used for the purpose of any trade and may-
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(a) search for, or require the person for the time being in charge thereof to produce for inspection, all or any of the weights and measures and strikers and weighing and measuring instruments kept therein;
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(b) inspect any weight or measure which is found therein or produced for examination, and compare it with a working standard of that weight or measure;
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(c) inspect and test any weighing or measuring instrument or any striker which is found therein or produced for examination; and
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(d) seize and detain for the purpose of a prosecution for an offence under this Ordinance any weight or measure or striker or weighing or measuring instrument which is found upon such comparison or test to be unjust, or which appears to the inspector to have been or to be likely to be used in contravention of any provision of this Ordinance.
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UK of unstamped standards, & c, by inspectors .
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36.
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(1) No inspector shall use any working standard for the purposes of testing any weight or measure at any time after the expiry of a period of two years from the date on which that standard was last stamped as correct by an Examiner under section 19.
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(2) No inspector shall use for the purposes of this Ordinance any weighing or measuring instrument which is provided for his use unless that instrument has been verified in the prescribed manner by an Examiner.
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inspectors not to derive profit from making or selling weights, & c.
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37.
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(1) No inspector shall derive any profit from or be employed in the making or selling of weights or measures or weighing or measuring instruments.
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(2) Subject as hereinafter provided, no inspector shall repair, alter or adjust any weight or measure or weighing or measuring instrument:
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Provided, however, that where the Warden is satisfied that it is desirable that an inspector should be allowed to adjust weights and measures and weighing and measuring instruments within the area of any local authority or in his division as the case may be, the Warden may, if he thinks fit, authorize that inspector to act in that area as an adjuster of weights and measures and weighing and measuring instruments.
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(3) No inspector who is authorized under subsection (2) to act as an adjuster of weights and measures and weighing and measuring instruments shall adjust any weight or measure or weighing or measuring instrument except upon payment of the prescribed fee for such adjustment.
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Disposal of fees.
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38.
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(1) All fees paid under this Part to any inspector appointed by the Warden shall be credited to the Consolidated Fund.
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(2) All fees paid under this Part to any inspector appointed by a local authority shall be credited to the funds of the authority.
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Registers to be kept by inspectors.
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39. Every inspector shall keep a register in the prescribed form in which he shall enter such particulars as may be prescribed relating to the performance of his duties under this Ordinance, and shall at such times as may be prescribed transmit the register to the Warden for examination :
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Provided that in the case of an inspector appointed by a local authority such register shall be submitted to the Chairman of that authority for transmission to the Warden in accordance with the provisions of this section.
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inspectors to give security.
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40.
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(1) Every person appointed to be an inspector shall forthwith on his appointment give security in such sum as may be prescribed for the due discharge of the duties of his office, for the due payment of all fees received by him under this Ordinance and for the safety of the working standards and stamps and other appliances entrusted to him for the purposes of this Ordinance.
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(2) Where an inspector is appointed by the Warden, the security required under subsection (1) to be given by that inspector shall be given under the Public Officers (Security) Ordinance, and the provisions of that Ordinance shall apply accordingly.
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(3) Where an inspector is appointed by a local authority, the security required under subsection (1) to be given by that inspector shall be given to the local authority, and shall be of such nature or description, and subject to such terms and conditions, as may be prescribed.
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| OFFENCES AND PENALTIES, & c. |
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Sale, use and possession of unstamped weights, & c.
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41. Any person who-
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(a) sells or exposes for sale any weight or measure or weighing or measuring instrument which has not been stamped by an inspector with the prescribed mark of verification; or
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(b) in any place or area in which an Order under section 29 is in force, at any time uses for the purpose of any trade or has in his possession for use in any trade, any weight or measure or weighing or measuring instrument which has not, in the period of twelve months immediately preceding such time, been stamped by an inspector with the prescribed mark of verification,
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shall be guilty of an offence and shall be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding three months or to both such fine and imprisonment.
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Forgery of stamp or mark used by inspectors.
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42. Any person who-
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(a) forges or counterfeits any stamp or mark provided under this Ordinance for the use of inspectors in stamping weights or measures or weighing or measuring instruments ; or
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(b) uses, sells, exposes for sale, utters or otherwise disposes of any weight or measure or weighing or measuring instrument bearing any stamp or mark which he knows to be forged or counterfeited ; or
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(c) removes any mark which has been stamped by an inspector on any weight or measure or weighing or measuring instrument and inserts such mark on any other weight, measure or instrument; or
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(d) willfully increases or diminishes a weight or measure which has been stamped by an inspector under this Ordinance, or use sells, exposes for sale , utters or otherwise disposes of any weight or measure which he knows to be so increased or diminished,
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shall be guilty of an offence and shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.
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Manufacture of weights, & c. without licence.
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43. Any person who-
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(a) except under the authority of a licence issued in that behalf under this Ordinance, manufactures or repairs any weight or measure or weighing or measuring instrument; or
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(b) being the holder of such licence, commits a breach of any condition lawfully inserted in the licence,
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shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term which may extend to six months or to both such fine and imprisonment.
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Refusal to produce weights, & c. for inspection.
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44. Any person who refuses to produce any weight or measure or striker or weighing or measuring instrument when required to do so by in inspector under section 35, or who resists or obstructs an inspector in the exercise of the powers conferred upon him by that section shall be guilty of an offence and shall on conviction after summary-trial before a Magistrate be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months, or to both such fine and imprisonment.
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Breach by inspectors.
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45. Any inspector who commits a breach of any provision of Part V, or of any regulation relating to the examination, verification or stamping of weights or, measures or strikers or weighing or measuring instruments, shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.
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General penalty.
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46. Any person who commits a breach of any provision of this Ordinance or of any regulation shall, where no punishment is expressly provided for such breach, be guilty of an offence and liable to a fine not exceeding one hundred rupees.
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Forfeiture of weights, & c.
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47. Any court may on the conviction of any person of an offence under this Ordinance relating to any weight or measure or striker or weighing or measuring instrument, make order declaring that such weight or measure or striker or weighing or measuring instrument shall be forfeited to the State; and every weight or measure or striker or weighing or measuring instrument which is so forfeited shall be disposed of in such manner as may be prescribed.
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Evidence of possession.
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48. For the purposes of this Ordinance, any weight or measure or striker or weighing or measuring instrument which is found in the possession of any person who carries on any trade, or on any premises used by any person for the purposes of any trade, shall be deemed, until the contrary is proved, to be in the possession of that person for use in trade.
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Sanction for prosecution.
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49. No prosecution shall be instituted against any person for any offence under this Ordinance except by or with the written sanction of the Superintendent for the district or area within which such offence is alleged to have been committed:
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Provided, however, that any prosecution in respect of any offence alleged to have been committed in the area within the administrative limits of any local authority may be instituted with the written sanction of the Chairman of that authority.
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Payment of fines to local authorities.
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50. Where any person is convicted of any offence under this Ordinance committed within the administrative limits of a local authority, the court convicting such person may direct that the whole or part of any fine imposed for that offence shall be paid to that authority ; and any sum so paid shall be credited to the funds of that authority.
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Saving for Chapter XIII of the Penal Code.
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51. The provisions of this Part shall be in addition to and not in substitution of the provisions of Chapter XIII of the Penal Code.
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Local inquiries by Deputy Warden or superintendent.
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52.
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(1) The Warden may from time to time direct the any superintendent to hold an inquiry with respect to the administration of this Ordinance in any area in Ceylon.
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(2) Where any superintendent is under subsection (1) directed to hold an inquiry in any area, he shall-
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(a) inspect the working standards and weighing and measuring instruments provided for use by the inspectors appointed for such area or for any division forming part thereof;
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(b) inquire into the procedure observed in the inspection and verification of weights and measures and strikers and weighing and measuring instruments in that area ; and
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(c) make such other investigations as the Warden may direct.
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(3) For the purposes of any inquiry authorized to be held in any area, the superintendent who is directed under subsection (1) to hold such inquiry shall have and may exercise all the powers conferred on an inspector by or under this ordinance.
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Settlement of disputes
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53. If any dispute arises between an inspector and any other person as to the meaning or construction of any regulation or as to the methods to be adopted in testing any weight, measure or striker or weighing or measuring instrument, such dispute shall, at the request of such inspector or of such other person, be determined by the Warden, and the decision of the Warden on any such dispute shall be final and conclusive.
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Use of measures.
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54.
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(1) The Minister [1] may by Order [1] published in the Gazette authorize the use in any place or area specified in the Order [1] of any local measure either generally or for the purpose of trade in any article so specified.
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(2) Where the use of any local measure in any place or area is authorized by Order [1] under subsection (1) no person shall be deemed to have acted in contravention of any provision of this Ordinance by reason only of –
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(a) the possession, in that place or area, of any such local measure ; or
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the use , in that place or area, of any such measure for any purpose authorized by such Order [1].
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(3) Nothing in this Ordinance shall be deemed to require any local measure to be stamped or verified by an inspector , or to have its denomination stamped thereon.
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(4) Noting in this Ordinance shall be deemed to prohibit or restrict the use of any measure other than an authorized measure or the purpose of the measurement of the length or extent of any land.
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(5) Noting in this Ordinance shall be deemed to restrict the power of the Minister [1] under section 13, to declare any local measure to be an authorized measure for the purposes of this Ordinance.
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Regulations.
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55.
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(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.
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(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), such regulations may be made for or in respect of all or any of the following matters:-
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(a) all matters stated or required in this Ordinance to be prescribed or for which it is provided in this Ordinance that regulations may be made;
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(b) the tests required to be passed by applicants for certificates under section 4 (3);
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(c) the custody and preservation of the Ceylon standards and the secondary standards;
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(d) the manner in which secondary standards shall be authenticated and verified ;
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(e) the composition, weight, length, form and specification of working standards and the manner in which such standards shall be kept and preserved;
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(f) the procedure for the examination and stamping of working standards, and the periodical verification of weighing and measuring instruments provided for use by inspectors;
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(g) the requirements as to the composition, weight, length, form and specification of weights and measures and strikers and the prohibition of the manufacture or use of weights and measures and strikers which do not conform to such requirements;
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(h) the inspection, verification and stamping by inspectors of weights, of measures and strikers and weighing and measuring instruments, the tests to be applied for the purpose of ascertaining the accuracy and efficiency of weights and measures and strikers, the form and design of stamps to be used by inspectors, the manner in which such stamps shall be used and the circumstances in which such stamping shall be prohibited ;
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(i) the limits of error to be allowed on verification and to be tolerated on inspection of weights, measures and weighing and measuring instruments, either generally or as respects any trade;
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(j) the circumstances and conditions under which, the persons by whom, and the manner in which, marks of verification may be obliterated or defaced;
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(k) the fees to be charged by inspectors for the examination, verification and adjustment of weights, measures and weighing and measuring Instruments and the manner in which such fees shall be paid;
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(l) the amount of the security to be given by inspectors, and, in the case of inspectors appointed by local authorities, the manner in which, and the terms and conditions upon which, such security shall be given;
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(m) the form of registers to be kept by inspectors, the particulars to be entered therein and the times at which such registers shall be transmitted to the Warden for inspection;
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(n) the form of licenses under section 31, the fees payable therefor and the conditions subject to which such licenses shall be issued ;
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(o) the disposal of weights, measures, strikers and weighing and measuring instruments declared to be forfeited under this Ordinance; and
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(p) all matters incidental to or connected with the matters or subjects specifically referred to in this subsection.
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(3) No regulation shall have effect unless it is approved by Parliament, and until notification of such approval has been published in the Gazette.
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(4) Upon the publication in the Gazette of a notification to the effect that a regulation has been approved by Parliament, that regulation shall be as valid and effectual as if it were herein enacted.
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Interpretation.
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56.
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(1) In this Ordinance, unless the context otherwise admits-
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” division ” means the area assigned to an inspector under section 4 ;
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” Examiner ” means the Examiner of the Standards appointed under section 2 ;
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(41 & 42 Vict, c. 49.)
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” gallon ” means a measure of capacity equal to the gallon as defined in the Weights and Measures Act, 1878, of the Parliament of the United Kingdom ;
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” inspector ” means an inspector of weights and measures appointed under section 4 ;
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” local authority” means any Municipal Council, Urban Council, Town Council, or Village Committee which has been declared by an Order under section 3 for the time being in force to be a local authority for the purposes of this Ordinance, the village area for which such Village Committee is established being deemed for this purpose to be the area within the administrative limits of such Committee;
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” measuring instrument” includes any instrument for the measurement of length, capacity, surface or volume ;
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(41 & 42 Vict, c. 49.)
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” pound avoirdupois ” means a weight equal to the imperial standard pound as defined in the Weights and Measures Act, 1878, of the Parliament of the United Kingdom;
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” prescribed ” means prescribed by regulation ;
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” regulation” means a regulation made by the Minister [1] under this Ordinance ;
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” square yard ” means an area equal to the area contained in a square, each of the sides of which is one yard in length ;
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” superintendent” means a superintendent of weights and measures appointed under section 2 ;
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” trade ” means any contract, bargain, sale or dealing referred to in section 22 (1) ;
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” Urban Council ” means an Urban Council constituted under the Urban Councils Ordinance ;
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” Warden ” means the Warden of the Standards appointed under section 2 ;
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” weighing instrument ” includes scales with the weights belonging thereto, scale beams, balances, spring balances, steelyards, weighing machines, instruments constructed to calculate the price in money of articles weighed thereon, and other instruments for weighing ;
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(41 & 42 Vict, c. 49.)
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” yard ” means a measure of length equivalent to the imperial standard yard as denned in the Weights and Measures Act, 1878, of the Parliament of the United Kingdom.
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(2) For the purposes of this Ordinance, a weight or measure shall be deemed to be just –
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(a) upon verification, if it is in accordance with a working standard of that weight or measure or has not a greater limit of error than the prescribed limit of error to be allowed on verification ; or
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(b) upon inspection, if it is in accordance with a working standard of that weight or measure or has not a greater limit of error than the prescribed limit of error to be tolerated on inspection.
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(3) Any reference in this Ordinance to the Chairman of a local authority shall, in the case of a local authority which is a Municipal Council, be deemed to be a reference to the person for the time being appointed by that Council to be or to act as Municipal Commissioner.
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Application of Ordinance.
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57. Nothing in this Ordinance shall apply –
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(a) to any gas meter or any other machine used for
measuring gas ; or
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(b) to any instrument used for the measurement or determination of electrical quantities.
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| Chapter 158, Volume No. 6, Page No.485. |
