Weights and Measures (Amendment) Law

Weights and Measures (Amendment) Law A LAW TO AMEND THE WEIGHTS AND MEASURES ORDINANCE. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: – Short title. 1. This Law may be cited as the Weights and Measures (Amendment) Law, No. 24 of 1974. Amendment of the heading of Part II of Chapter 158. 2. The heading ” Authorized Weights and Measures ” occurring immediately before section 5 in Part II of the Weights and Measures Ordinance (hereinafter referred to as the ” principal enactment “) is hereby amended by the substitution therefor, of the following new heading: – ” Authorized Units of Measurement.” Replacement of sections 5, 6 and 7 of the principal enactment. 3. Sections 5, 6 and 7 of the principal enactment are hereby repealed and the following new sections are substituted therefor: – ” The Inter-national System of Units shall be the base units of measurement. 5. The International System of Units as defined in Parts I and II of the First Schedule hereto shall be the base units of measurement for Sri Lanka: Provided, however, that the yard and the pound as specified in Part III of the First Schedule hereto and defined in relation to the metre and the kilogramme may be lawfully used concurrently with such International System of Units. Definitions of units of measurement. 6. The definitions of the units of measurement specified in the Second Schedule hereto shall be the definitions of the units of measurement for all measurements made in Sri Lanka. Weights and measures authorized for use in trade. 7. The weights and measures specified in the Third Schedule hereto are hereby authorized for use In trade.”. Repeal of sections 8 to 12 of the principal enactment. 4. Sections 8, 9, 10, 11 and 12 of the principal enactment are hereby repealed. Replacement of section 13 of the principal enactment. 5. Section 18′ of the principal enactment, as amended by Act No. 7 of 1971, is hereby repealed and the following new section is substituted therefor: – “Weights and measures in Third Schedule declared to be authorized weights and authorized measures. 13. All the weights and measures specified in the Third Schedule hereto are hereby declared to be, and are referred to in this Ordinance as. authorized weights and authorized measures, respectively; and every denomination of weight and measure specified in such Third Schedule hereto is hereby declared to be, and is referred to in this Ordinance as, an authorized denomination of weight or measure.”. Replacement of the heading of Part III of the principal enactment. 6. The heading ” Standards of Weight and Measure ” occurring immediately before section 14 in Part III of the principal enactment is hereby amended by the substitution therefor, of the following new heading: – ” Standards of The Units of Measurement “. Replacement of section 14 of the principal enactment. 7. Section 14 of the principal enactment is hereby repealed and the following new section is substituted therefor:- “Sri Lanka standards. 14. (1) For the purposes of this Ordinance, the Minister may from time to time procure such standards of the units of measurement as he may consider necessary. (2) Every standard; of any unit of measurement procured under subsection ‘ (1) shall be the equivalent of a unit of measurement defined in the First or Second Schedule hereto or any multiple or sub-multiple of any such unit of measurement, 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. (3) A description of every standard of any unit of measurement procured under subsection (1) shall be published in the Gazette on a direction by the Warden. (4) Every standard of any unit of measurement procured under subsection (1) shall be verified and authenticated at a specified standards laboratory before such standard Is brought into use in Sri Lanka. (5) The Minister may by notification In the Gazette declare that a standard of any unit of measurement, which has been procured and verified under this section, shall be brought into use in Sri Lanka and such standard shall upon such notification become a Sri Lanka standard and shall for all purposes whatsoever be conclusively presumed to be true and accurate.”. Amendment of section 15 of the principal enactment* 8. Section 15 of the principal enactment, as amended by Act No. 7 of 1971, is hereby further amended as follows:- (1) by the repeal of subsection (2) of that section and the substitution therefor, of the following new subsection:- – ” (2) The Minister shall, once at least In each period of fifteen years, cause such Sri Lanka standards as he deems necessary, equivalent to the units of measurement defined in the First Schedule, to be verified at a specified standards laboratory: Provided, however, that before any Sri Lanka standard of any unit of measurement is sent out of Sri Lanka for such purpose, the Minister may cause a secondary standard of that unit of measurement to be verified by comparison with such Sri Lanka standard and to be authenticated in such manner as the Minister may direct and to be placed in the custody of the Warden, and such secondary standard shall, during such time as the Sri Lanka standard is out of Sri Lanka, be deemed to be a Sri Lanka standard.”; and (2) by the insertion, immediately after subsection (2) of that section, of the following new subsection: – ” (3) Any Sri Lanka standard other than a standard verified under subsection (2) shall be verified by the Warden once in every ten years after its first verification by comparison with a Sri Lanka standard specified in section 14.”. Amendment of section 16 of the principal enactment. 9. Section 16 of the principal enactment, as amended by Act No. 7 of 1971, is hereby further amended as follows: – (1) by the repeal of subsections (2) and (3) of that section; and (2) by the substitution, for subsection (4) of that section, of the following new subsection: – “(4) Every secondary standard of any unit of measurement 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 Sri Lanka standard of that unit of measurement and, if necessary, to be corrected or adjusted.”. Amendment of section 17 of the principal enactment. 10. Section 17 of the principal enactment is hereby amended by the substitution, for subsection (1) of that section, of the following new subsection: – ” (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 any unit of measurement; every such copy shall be made in such manner and of such materials, form and specifications as may be prescribed,” Amendment of the heading of Part IV of the principal enactment. 11. The heading” Use of Weights and Measures ” occurring immediately before section 22 in Part IV of the principal enactment is hereby amended by the substitution therefor, of the following new heading: – ” Use of Units of Measurement.” Replacement of section 22 of the principal enactment. 12. Section 22 of the principal enactment, as amended by Act No. 7 of 1971, is hereby repealed and the following new section is substituted therefor: – “All contracts, sales, &c. and collection of fees or duties to be in terms of authorized units of measurement. 22. (1) Save as is otherwise provided in section 54, every contract, bargain, sale or dealing made or had in Sri Lanka 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 any one of the units of measurement specified in the Second Schedule, or any one of the authorized weights and measures specified in the Third Schedule, or any multiple or sub-multiple or a combination of any multiple and sub-multiple of any such authorized weight or measure specified in such Third Schedule. (2) All fees and duties whatsoever charged or collected in Sri Lanka according to any unit of measurement shall be charged and collected according to one of the units of measurement specified in the Second Schedule or any one of the authorized weights and measures specified in the Third Schedule. (3) The packing in Sri Lanka of any article in a container for the purposes of sale shall be done according to any one of the authorized units of measurement. (4) Every contract, bargain, sale or dealing which is not made or had in accordance with the provisions of subsection (1) shall be void: 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.”. Replacement 0f section 23 of the principal enactment. 13. Section 23 of the principal enactment is hereby repealed and the following new section is substituted therefor: – “Only weights and measures specified, in the Third Schedule to be used for trade 23. Save as is otherwise provided in section 54, no weight or measure other than a weight or measure specified in the Third Schedule shall be used for the purpose of any trade.”. Replacement of section 24 of the principal enactment. 14. Section 24 of the principal enactment is hereby repealed and the following new section is substituted therefor: – “Use of authorised weights for sale of articles. 24. Subject as hereinafter provided, every article which is sold by Weight shall be sold either by any metric or avoirdupois weight, and every computation of the weight of any article for the purpose of trade shall be made either by any metric or avoirdupois weight: Provided, however, that- (a) drugs, when sold by retail, may be sold either by metric or apothecaries’ weight; (b) carat metric weight may be used for the sale or for the computation of the weight- (i) of gold and silver or any article made thereof including gold or silver thread, lace and fringe; (ii) of platinum, diamonds, or any other precious metal or stone.”. Replacement of section 44 B of the principal enactment. 15. Section 44b of the principal enactment (inserted by Act No. 7 of 1971) is hereby repealed and the following new section is substituted therefor:- “False, incorrect or untrue declaration or statement, &c. 44B. Any person who, in any place or area in which an Order under section 29 is in. force, by any means whatsoever, whether direct or indirect, makes any false, incorrect or untrue declaration or statement as to the number, quantity, measure, gauge or weight of any goods or things in connection with their purchase, sale, weighing or measurement, or in the computation of any charges for services rendered on the basis of weight or measure, or who sells, or causes to be sold, or delivers or causes to be delivered to a purchaser anything by weight or measure short of the quantity demanded of or represented by the seller, shall be guilty of an offence and shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment.”. Replacement of section 54 of the principal enactment. 16. Section.54 of the principal enactment is hereby repealed and the following new section is substituted therefor:- “Use of measures. 54. Nothing In this Ordinance shall be deemed to prohibit or restrict the use of any measure other than a unit of measurement specified in the Second Schedule hereto for the purpose of the measurement of the length or extent of any land.”. Amendment of section 56 of the principal enactment. 17. Section 56 of the principal enactment is hereby amended in subsection (1) of that section:- (a) by the substitution, for the definition of ” measuring instrument “, of the following new definition: – ” measuring instrument ” means any instrument used for the measurement of length, area, volume or capacity or any such instrument as may be declared by the minister by notification published in the Gazette to be a measuring instrument for the purposes of this Ordinance; and (b) by the omission of the definitions of ” gallon “, ” pound avoirdupois ” square yard ” and ” yard.”. Repeal of section 57 of the principal enactment. 18. Section 57 of the principal enactment is hereby repealed. Replacement of the Schedules to the principal enactment. 19 The first, section Sixth, Seventh and Eighth Schedules to the principal enactment are hereby and the following new Schedules are substituted therefor:-