Measurement Units, Standards And Service

Measurement Units, Standards And Service
AN ACT TO REVISE AND CONSOLIDATE THE LAW RELATING TO
WEIGHTS AND MEASURES; AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH FOR INCIDENTAL THERETO
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows;[21st December, 1995 ]Short title and 1. This Act may be cited as the Measurement Units, Standards and Services Act,
date ofNo. 35 of 1995 and shall come into operation, on such date (hereinafter referred
operation.
to as the “appointed date “) as the Minister may appoint by Order published theGazette.
PART IUNITS OF MEASUREMENT
Units of
2. The International System of Units (SI) and the definitions of those units asmeasurement. specified by the General Conference of Weights and Measures and as set out tothe First Schedule hereto shall constitute the units of measurement for all purposesin Sri Lanka:
Provided that such units of measurement as set out in the Second Schedule hereto as defined interms of the Corresponding International Units of Measurement shall be permitted to be used forsuch periods of time as may be prescribed.
PART IIESTABLISHMENT OF THE MEASUREMENT UNITS, STANDARDS AND SERVICESDEPARTMENT AND THE NATIONAL MEASUREMENT LABORATORY
Establishment of Measurement Units,
3. There shall be established for the purpose of this ActStandard and Service Department and(a) a Department or a Division of a Department
National Measurement Laboratory.
to be known as the Measurement Units,
Standards and Services Department; and(b) a laboratory within that Department to be
known as the National Measurement

Laboratory (hereinafter referred to as “thelaboratory’),Appointment of 4.
Director &c.

(1) There may, for the purpose of this Act, to be appointed(a) a person by name or by office to be the Director of
Measurement Units, Standards and Services (herein afterreferred to as the “Director”)(b) a person by name or by office to be the Deputy
Director of Measurement Units, Standards and Services ;(c) such number of persons as may be necessary to be
Assistant Directors of Measurement Units Standards andServices ;(d) such number of persons as may be necessary to be
Superintendents of Measurement Units, Standards andServices ;(e) such number of persons as may be necessary to be
Superintendents of Measurement Units, and Services; and(f) such number of officers as may be necessary for the
purpose of giving effect to the principles and of this Act.
(2) The Deputy Director of Measurement Units Standards andServices appointed under paragraph (b) it subsection (1), may subject
to the general direction and control of the Director, exercise, performand discharge all or any of the powers, duties and functions conferredor Imposed on, or assigned to, the Director by or under this Act.
(3) The Assistant Superintendents of Measurement Units, Standards
and Services appointed under paragraph (e) of subsection (1) may,subject to the genera direction and control of the Superintendents of
Measurement Units, Standards and Services, exercise, perform anddischarge is at say of the powers, duties and functions conferred or
Imposed on, or assigned to, such Superintendents under this Act.
PART III
STANDARDS OF UNITS OF MEASUREMENT

Sri Lanka 5.
Standards.

(1) For the purposes of this Act, the Minister may, from time to time,procure such standards of the unite of as he may consider necessary.
(2) Every standard of any unit of measurement procured subsection (1)shall be an equivalent of a unit of as defined In the First Schedule hereto,or any or submultiples of any such units of measurement

(3) A description of every standard of any unit of procured undersubsection (1) shall be in the Gazette on a direction by the Director.
(4) Every standard of any unit of measurement procured undersubsection (1) shall be calibrated and certified at the Laboratory of theInternational Bureau of Weights and Measures or at any other National
Laboratory of any other country or calibrated by a standard method
before such a standard is brought into use in Sri Lanka:
Provided that such calibration shall not be necessary to the case of any
standard or instrument which by virtue of its nature is itself afundamental standard.
(5) The Minister may, by notification published in the Gazette, declarethat a standard of any unit of measurement, which has been procured
and published under this section, shall be brought into use in Sri Lanka
and such standard shall upon publication become a Sri Lanka standard
and shall for all purposes whatsoever be deemed to be true and accurate.
Sri Lanka
6.
Standards to be in
the custody of the
Director.

(1) The Laboratory shall be under the control of the Director, andit shall maintain the Sri Lanka Standards and disseminate the valueof such standards to any other Laboratory or Institution and carryout research relevant to these functions.
(2) Every Sri Lanka Standard shall be kept and preserved in the
Laboratory under the custody of the Director in such manner as
may be prescribed for that purpose.
(3) The Minister shall, in the case of any Sri Lanka Standard which
requires any recalibration, cause such standard to be recalibrated
once at least in ten years:
Provided, however, that where any Sri Lanka standard of any unitof measurement has to be sent out of Sri Lanka for such purposes,
the Minister may cause a reference standard for that unit ofmeasurement to be verified by comparison with such Sri Lanka
standard or to be calibrated by a standard method and certified andplaced in the custody of the Director and such reference standard
shall, during such time as the Sri Lanka standard is out of Sri
Lanka, be deemed to be a Sri Lanka standard.

Reference
Standards.

7.
(1) The Minister may, for the purposes of procure such derivative
standards of the Sri Lanka standard, to be known as reference standards
and place such standards in the custody of the Director, Every suchreference standard shall be calibrated by comparison with a Sri Lanka
standard or at a specified standard laboratory by a standard method.

(2) Every reference standard shall be calibrated In the laboratory at least
once in every five years, after its first calibration, on a direction issued
by the Director.
(3) The Minister may by notification published in the Gazette, declarethat a reference standard of any unit of measurement procured undersubsection (1), shall be brought into use in Sri Lanka and such reference
standard shall be deemed to be true and accurate until the contrary is
proved.
Secondarystandards.

8.
(1) The Director may procure from time to time, such other secondary
and tertiary standards which are derived from the Sri Lanka standards
and the reference standards, as may he necessary for the of this Act.
(2) The Director shall cause every such secondary and tertiary standard
to be verified or calibrated, and authenticated or certified. Everystandard so authenticated or certified shall be deemed to be true andaccurate until the contrary is proved.
(3) Every secondary or tertiary standard shall be verified or calibrated
at such periods, as may be determined by the Director, by a notification
published in the Gazette.

Measurements of 9. All measurements of physical quantities based directly or indirectly on aphysical quantities. unit of measurement for which a Sri Lanka standard, reference standard or
secondary or tertiary standard has been established, shall be traceable to any
such standard.
Certification of 10. Every person authorised by this Act to carry out any calibration or test or
calibration.
who is directed by the Praetor to carry out any calibration or test shall issue acertificate of calibration signed by him in the prescribed form.
Judicial notice ofstandards.

11. A court shall take judicial notice of(a) every Sri Lanka standard, reference standards secondary or
tertiary standard ;(b) every certificate of calibration issued under section 18.

All contracts sales &c andcollection of fees or duties
to be in terms of authorised
units of measurement.

PART IV
MEASUREMENTS FOR TRADE
12.
(1) Save as otherwise provided in section 34 every
contract, bargain, sale or dealing made or had in Sri Lanka
Whereby any work, goods, wares, merchandise or otherthings is or are to be done sold, delivered, carried,measured, computed, paid for, or agreed for, by a unit ofmeasurement shall be made and had according to any one

of the units of measurement specified in Part I of the Third
Schedule.
(2) All fees and duties whatsoever charged or collected to
Sri Lanka according to any unit of measurement shall be
Charged and collected according to any one of the units ofmeasurement specified in Part I of the Third Schedule.
(3) The packing in Sri Lanka of any article in a container
for the purpose of sale shall be according to any one of theauthorised units of measurement, specified in Part I of theThird Schedule.
(4) Every contract, bargain, sale or dealing which is notmade or had in accordance with the provisions ofsubsection (1) shall be void:
Provided, however, that notwithstanding the provisions of
this section, a court may. in any case where any person has
derived or received any advantage from or under any
contract, bargain, sale or dealing, make such order as thecourt may deem expedient for the purpose ofcompensating the person from whom or on account of
whose act such advantage was derived or received.
Weights and measures inPart II at Third Scheduledeclared to be authorised
weights and authorised
measures.
Appointment of 14.
Inspectors

13. All the weights and measures specified in Part II of the Third
Schedule hereto are declared to be and are referred to in this Act asauthorised weights and authorised measures respectively; and every
denomination of weight and measure specified in such Part II of theThird Schedule is hereby declared to be, and referred to in this Act as
an authorised denomination of weight or measure.

(1) The Director shall appoint such number of Inspectors of
Measurement Services and Devices (hereinafter referred to as‘Inspectors”) and other officers as he may consider necessary for theadministration of this Act.
(2) The Director shall assign every such Inspector appointed undersubsection (1) an area, (hereinafter referred to as a ” division “) inwhich he shall exercise the powers and discharge the duties conferredor imposed on as Inspector by or under this Act.
(3) No person shall be appointed under this section to be an Inspector
unless he holds a certificate in the prescribed form signed by the
Director of his competency to be an Inspector. No such certificate
shall be issued to any person unless he has been examined by, andpassed the prescribed tests to the satisfaction, of, the Director.

Tertiary
standards.

15. The Director shall provide such number of tertiary Standards as he’ may deem
necessary for the use by Inspectors appointed under subsection (1) of section 14, Suchstandards shall be kept in the Secretariat of each administrative district.

Use of any weight or
16. No person, shall use for the purpose of any trade, or have in his
measure thepossession for the use of. any tradedenomination of which(a) any weight which purports to be of a denomination
is marked thereon.
equivalent to a denomination specified in Part II of the Third
Schedule hereto unless the denomination is marked on the
top or side thereof in legible figures and letters ; or(b) any measure of length or volume which purports to be ofa denomination equivalent to a denomination specified inPart II of the Third Schedule hereto unless the denomination
is marked on the outside thereof in the case of a measure ofvolume, or on the front face in the case of a measure oflength* in legible figures and letters:
Provided that nothing in this section shall be deemed to require the marking of a denomination of
any weight, if the small size of such weight render such marking Impracticable.
Use of tertiary standards 17.
after expiry of period
specified and use of
instruments not verified.

(1) No Inspector shall use any tertiary standard for the
purpose of testing any weight or measure at any time after
the expiry of the period specified in the direction made undersubsection (3) of section 8 calculated from the date on whichthat standard was last authenticated as correct(2) No Inspector shall use for the purpose of this Act any
Weighing or measuring instrument which is Provided for his
use unless that instrument has been verified in the prescribedmanner.

Inspectors not be derive profit
18. No Inspector shall derive any profit from or be employed infrom making or selling of weights the making, selling or repairing of weights or measures orand measures.
weighing or measuring instruments.
Sale of weight or
19. No person shall sell or expose for sale any weight or measure ormeasure which has not weighing or measuring instrument for use in a trade, which has not been
been verified orverified and stamped by an Inspector with a prescribed mark ofcertified.
verification, or has been certified in the prescribed manner.
All weights
20.
measures to beapproved by the
Director.

(1) From and after the appointed date, no weight, measure or
weighing or measuring instrument shall be(a) used for the purpose of any trade or be in thepossession of any person for use in any trade ;(b) manufactured or be imported for use or be sold foruse in any trade,unless the pattern of such weight, measure or weighing mmeasuring instrument has been examined and approved by the
Director in accordance with the specifications and limit of error, as
may be specified by regulations made under this Act, for such
purpose. The fee to be charged for any such examination shall be
as prescribed.
(2) Where on a subsequent examination of any weight, measure or
weighing or measuring instrument which has been approved earlier
by the Director it is found to be defective, the Director shall havethe power to cancel such earlier approval and also notify any personof such cancellation.
Persons who sell repair 21.
or manufacture weights
instruments &c. to beregistered.

(1) Every person who sells, repairs or manufactures or
intends to sell, repair or manufactures any weight, measure or
weighing or measuring instrument shall register himself with
the Director.
(2) A fee shall be charged on such registration and theAmount of such fee shall be as prescribed.
(3) Every person who seeks to register himself under subsection (1)(a) to repair any weight, measure or weighing or
measuring instrument shall(i) demonstrate to the satisfaction of the
Director, his ability or the ability of persons
employed by him, to repair the type of
weight, measure or weighing or measuring
instrument which he seeks to repair ; and(ii) be in possession of. such equipment,
tools and other facilities as May be required
for the proper execution of such repair ;(b) to manufacture any weight, measure or
weighing or measuring instrument shall(i) demonstrate to the satisfaction of the
Director, his ability or the ability of persons
employed by him to manufacture the typeof weight, measure or weighing or
measuring instrument which he seeks to
manufacture;

(ii) be in possession of such equipment,
tools and other facilities as may be required
for the manufacture or assembly of such a“Weight, treasure or weighing or
measuring instrument ; and(iii)send to the Director such drawings andsamples as may be required of such weight,
measure or weighing or measuring
instrument which he intends tomanufacture, for patters approval.
(4) Every person registered under this section, shall be
subject to the condition that any weight, measure or weighing
or measuring instrument repaired or manufactured by him
shall be tested and verified by an Inspector at calibrated by
the Director, after such manufacture or repair as the case mybe. The Director may, where a person fails to fulfill thiscondition, cancel his registration.
(5) A person whose registration has been cancelled by the
Director under subsection (4) may within one month of suchcancellation appeal against such cancellation to the Secretary
to the Ministry of the Minister.
Periodical examination 22.
of weights or measures
or weighing or
measuring instruments.

(1) The Superintendent for each district or area shall fix thedates and the places within such district or area at which eachInspector snail examine and verify weights or measures orweighing or measuring instruments.
(2) Notice of the date avid the place fixed under subsection(1) for the examination and verification of weights or
measures or weighing or measuring instruments, shall begiven by the Superintendent for the district. The mode andmanner in which notice snail be given shall he determined by
the Director.
(3) Every Inspector shall at the time and place under thissection, examine all equipment namely, weights at measures
or weighing or measuring instruments produced before him,
and test such equipment by means of such tertiary standards
and testing equipment which he considers suitable for the
purpose and subject to any condition which may beprescribed or by means of other equipment which has alreadybeen tested and which he considers suitable for this purpose.
(4) Nothing in subsection (1) shall be deemed to prevent an
Inspector from examining, comparing, or testing any weightor measure or weighing or measuring instrument Which is
produced before him for examination, at any time or place
other than a time or place fixed under this section.
(5) No Inspector shall examine any weight or measure or
weighing and measuring instrument under this section,
except. upon the payment of the prescribed fee for suchexamination.
Stamping ofmark ofverification.

23.
(1) An Inspector who, upon examination finds any weight ormeasure or weighing or measuring instrument to be correct andotherwise complying in all respects with the provisions of this Act
and of the regulations made thereunder, shall stamp such weight ormeet or Weighing or measuring instrument in the prescribed mannerwith the prescribed mark of verification, as well as any other markas may be prescribed, except that where the weight or measure or
weighing or measuring instrument is either too small in size or madeof a material which cannot be stamped, the Inspector shall issue acertificate to this effect(2) No Inspector shall stamp with a mark of verification any weightor measure or weighing or measuring instrument which is not corrector which does not comply with any provision of this Act or any
regulation which is applicable in the case of such weight or measure
or weighing of measuring instrument, as the case may be.
(3) No Inspector shall stamp any weight or measure with a mark ofverification(a) unless such weight or measure is of an authorised
denomination; and(b) unless he has tested it by comparison with a tertiarystandard of that weight or measure.

Power of inspector 24.
to enter into any
premises and inspect
weights & c.

(1) An Inspector may at any reasonable time enter any factory,
shop, store, go down, shed, land, premises or vehicle which is in
his division and in which any weight or measure or weighing or
measuring instrument is or is suspected to be kept or used for the
purpose of any trade, or any article that is packaged and is kept
or is suspected to be kept for the purpose of any trade and may-.
(a) search for, or require the person for the time being
in charge thereof to produce for inspection, all of anyof the weights and measures and weighing andmeasuring instruments kept therein;(b) inspect any weight or measure which is foundthereto or produced for examination, and compare itwith a tertiary standard of that weight or measure;(c) inspect and test any weighing or measuring
instrument which is found therein or produced for
examination ;(d) seize and detain for the purpose of a prosecution
for an offence under this Act or any other law, any
weight or measure or weighing or measuring
instrument it which is found upon comparison or test
to be not correct or false, or which appears to theInspector to have been or be likely to be used incontravention of any provision of this Act; and(e) inspect and weigh, or inspect and measure, any
article which is kept therein, offered or exposed forsale in order to ascertain whether the provisions of thisAct are being complied with in respect of such article,
and seize and detain any article in respect of which orin relation to which a contravention of any provisionof this Act has been or is suspected to have beencommitted.
Weight or measure &c 25. Every weight or measure or weighing or measuring instrument whichstamped by Inspectors has been duly stamped by an Inspector stamped by under section 23 of thisto be used in Sri Lanka. Act, with the prescribed mark of verification may, unless it is foundthereafter to be false or not correct, be used in any part of Sri Lanka.
Fees levied to be
26. All fees to be levied by the Director for the calibration of any measuringcredited to the Fund. instrument, under the provisions of this Act, shall be credited to the Fund.
Registers to be 27. Every Inspector shall keep such registers relating to the performance of his
kept by
duties under this Act as may be required by a direction issued by the Director andInspectors.
shall transmit such registers to the Director for examination at such times as may
be stated in the direction.
Inspectors to 28.
give security.

(1) Every person appointed to be an Inspector shall Inspectors
forthwith on his appointment give security in such sum as security.
may be prescribed, for the due discharge of the duties of his office, forthe due payment of all fees received by him under the Act, and for thesafety of the tertiary standards, and other equipment entrusted to him
for the purpose of this Act.
(2) Where an Inspector is appointed by the Director, the security
required under subsection (1) to be give by that Inspector, shall begiven under the Public Officers’ (Security) Ordinance, and theprovisions of that Ordinance shall apply accordingly.
Power of police officers or Price 29. Any police officer not below the rank of Sub-Inspector orControl Inspectors to enter any any Price Control Inspector shall have the power topremises to check any weighing(a) enter any premises used for the purpose of any tradeor measuring of goods.
in any place or area in Sri Lanka and check any
weighing or measuring which is being or which has
been done for the purpose of delivering goods to apurchaser;(b) seize or detain where necessary for the purpose ofany prosecution in respect of an offence under section
42 of this Act, any goods which have been so delivered
In. contravention of the said section.

Minister to direct theperiodical certification or
certification of any
measure at measuring
instrument.

PART VOTHER STATUTORY MEASUREMENTS
30.
(1) The Minister may, from time to time, by a directive
published, in the Gazette, require that any measure ofmeasuring instrument used in the protection of health, thesafety of any person, the control of pollution, the protectionof the environment or any measurement used in industry or
quality control, be submitted for periodical verification or
certification in such manner as set out in the directive. A
fee may be charged as prescribed for the carrying out of
any such periodical verification or certification.
(2) Where a directive is give under subsection (1) the
specifications for such measures and measuring
instruments, the tolerance permitted and the methods oftesting them, shall be as prescribed.

Measuring or measuring
31. Every Government department or corporation which uses a
instruments used bymeasure or measuring instrument for testing or checking any
Government Departments or measuring instrument for the purpose of certification or calibration
corporations to be calibrated at or for the purpose of checking any measurement for any legal
the Laboratory.
purpose, shall have such measure or measuring instrument
calibrated at the laboratory at such intervals as may be specified bya directive published in the Gazette for the purpose.
Units of measurement to be 32. In all transactions relating to the transfer of land the measurement
used in transactions relating of every extent of land shall be according to the units ofto land.
measurements specified in the Second and Third Schedules hereto:
Provided that, when the transfer relates to the land which has been either surveyed or has its
boundaries described in a deed on a date prior to January 1, 1983, reference could be made to theunit of measurement so used in the deed, subject to the condition that reference should not be madeto the equivalent extent in an authorised unit specified in the Second and Third Schedules hereto,each conversion being arrived at by using the conversion factors prescribed for that purpose by
regulation :Provided further, that where the extent of land is described in those traditional units as may beprescribed, such conversion shall not be required for such period as may be prescribed.
PART VI
MEASUREMENT FOR INDUSTRY ETC.
Director to provide
33. The Director shall provide such facilities as he may consider
facilities for calibration of necessary, for the calibration of weights or measures or weighing or
measuring instruments
measuring instruments used in Industry, engineering or in any otherand measuring devices. field. All such calibration should be traceable to a Sri Lanka standard
or to a reference standard maintained by the laboratory.
Weights, Measures &c.
34. All weights, measures or weighing or measuring instruments used
used in trade or industry to for industry shall have their pattern approved by the laboratory before
have their pattern approved manufacture or import. The Minister shall have the power to impose
by the Laboratory.
requirements have for pattern approval with regard to measuring
instruments used for any ether purpose.
PART VII
Fund
Fund.35.
(1) For the purpose of this Act, there shall be established a Fund which shallbe maintained in such manner as the Secretary to the Ministry of the Minutemay direct.
(2) There shall be paid into the Fund two-thirds of each and every fee charged
and prescribed. The balance one-third of each and every fee shall be paid into
the Consolidated Fund.
(3) There shall be paid oat of the Fund(a) all sums of money paid an annual dues and other payments asa member state of the International Organisation of Legal
Metrology and the expenses incurred in the participation at its
meetings;(b) all expenses incurred in the calibration of Sri Lanka reference,
secondary and tertiary standards including expenses incurred in
the participation in any international or regional programme forthe inter comparison of such standards;(c) all expenses incurred in the cost of maintenance of the
Measurement Units, Standards and Services Department and thelaboratory, and all other offices where standards are maintained;

(d) all sums of money paid as rewards to any person or persons
under section 57;(e) all expenses incurred in the maintenance of machinery,equipment and vehicles used in the Measurement Units Standards
and Services Department and the laboratory;(f) all expenses incurred in providing facilities for testing andverifying weights and measures and weighing and measuring
instruments under section 24;(g) all expenses incurred in providing calibration serviced underParts V and VI of this Act, and examination of the pattern of any
weight, measure and weighing or measuring instrument under
section 20; and(h) all expenses incidental to the proper management andadministration of the Measurement Units, Standards and Services
Department and the laboratory.
(4) The Secretary to the Ministry of the Minister shall, as goon as possible,
after the end of each financial year, prepare a report of the administration of
the Fund and shall cause to be “maintained a full and appropriate account of
the Fund in respect of each financial year.
(5) The Auditor-General shall audit the accounts of the Fund in accordancewith Article 154 of the Constitution.
(6) The financial year of the land shall be the calendar year.
PART VIIIOFFENCES AND PENALTIESSale or exposing 36. Any person who sells or exposes for sale any weight or measure orfor sale any
weighing or measuring instrument which has not been stamped by an inspector
unstamped weight with the prescribed mark of verification shall be of an offence and shall on&c.
conviction after summary trial before a Magistrate for liable to a fine notexceeding live hundred rupees or to both such fine and imprisonment.
Use andPossession of
unstamped
weights &c.

37. Any person who uses for the purposes of any trade or has in his possession

Forgery ofstamp or markused byinspector.

38. Any person who-

for use in any trade, any weight or measure or weighing or measuring,
instrument which has weights km. not, in the period of twelve months
immediately preceding such time, been stamped by an inspector with theprescribes mark of verification shall be guilty of an offence and shall on
conviction after summary trial before a Magistrate be liable to a fine notexceeding one thousand rupees or to terrorizing for a Period not exceeding six
months or to both such line and imprisonment.

(a) forges or counterfeits any stamp or mark provided under this Act
for the use of inspectors in stamping weights or measures orweighing or measuring instruments; or(b) makes, uses, sells, exposes for sale, utters for sale or keeps in thepremises for use in trade or otherwise disposes of any weight ormeasure or weighing or measuring instrument which is false or
which bears any stamp or mark which he knows to be false, forgedor counterfeited ; or(c) removes any mark which has been stamped by an Inspector on
any weight or measure or weighing or measuring instrument andinserts such mark on any other weight or measure or weighing or
measuring instrument ; or(d) increases or diminishes a weight or measure winch has been
stamped or certified by art inspector under this Act, or tampers witha weighing or measuring instrument stamped or certified by aninspector under this Act or uses, sells, exposes for sale, utters for
sale, keeps in his possession for use in a trade or otherwise disposesof any weight or measure which he knows to be diminished or false
or a weighing or measuring instrument which he knows to betampered with,shall be guilty of an offence and shall on conviction after summary
trial before a Magistrate be liable to a fine not exceeding ten
thousand rupees or to imprisonment for a term not exceeding two
years or both such fine and imprisonment.
Use of false
39. Whoever uses any false weight or false measures of length or capacity, or
weight or measure uses any weight or any measure of length or capacity representing it to be aof length ordifferent weight or measure from what it is, shall be guilty of an offence andcapacity.
shall on conviction after summary trial before a Magistrate be punished with afine not exceeding five thousand rupees or with imprisonment for a term notexceeding one year, or with both such fine and imprisonment.
Repair or manufactureof any weight ormeasure &c. without
being registered.

Refusal toproduce weights&c. for
Inspection.

40. Any person who, not being registered by the Director under theprovisions of section 2, repairs or manufacture any weight, measure or
weighing or measuring instrument, shall, be guilty of an offence and shall,on conviction after summary trial before a Magistrate, be liable to a finenot exceeding one thousand rupees or to imprisonment for a term notexceeding six months or to- both such fine and imprisonment.

41. Any person who refuses to produce any weight measure or weighing or
measuring instrument when required to do so by an inspector in the exercise of
the powers conferred upon her. by section 24 shall be guilty of an offence andshall on conviction after summary trial before a Magistrate be liable to a finenot exceeding two thousand five hundred rupees or to imprisonment for a term
not exceeding one year or to both such fine and imprisonment.

False, incorrect or 42. Any person who, in any place or area, by any means whatsoever, whether
untrue declaration direct or indirect, makes any false, incorrect or declaration or statement as toor statement &c. the number, quantity, measure, gauge or weight of any goods or things inconnection with their purchase, sale, weighing or measurement, or in thecomputation of any charges for services rendered on the basis of weight ormeasure, or who sells, or causes to be told, or delivers or causes to be delivered
to a purchaser anything by weight or measures short of the quantity demandedof or represented by the seller, shall be guilty of an offence and shall, on
conviction after summary trial before a Magistrate be liable to a fine notexceeding two thousand five hundred rupees or to imprisonment for a term notexceeding six months or to both such fine and imprisonment.
Use or possession of 43. Any person who uses for the purposes of any trade or has in his
any weights orpossession for use in any trade, any weight or measure or weighing or
measure which it set measuring instrument which is not correct, shall be guilty of an offences andcorrect.
shall on conviction after summary trial before a Magistrate be liable to a finenot exceeding two thousand five hundred rupees or to imprisonment for aterm not exceeding in months or to both such fine and imprisonment.
Breach by 44. Any inspector who commits a breach of any provision of Part IV or of any
inspectors. regulation relating to the examination, verification or stamping of any weightmeasure or weighing or measuring instrument shall be guilty of an offence and shallon conviction after summary trial before a Magistrate be liable to a fine not exceeding
two thousand five hundred rupees or to imprisonment for a term not exceeding two
years or to both such fine and imprisonment.
Failure to obey 45. Any person who rails to have a measure or measuring instrument calibrated
directive issued in terms of directive issued by the Minister under section 30, shall be guilty of anunder section 30.offence and shall on conviction after summary trial before a Magistrate be Liable
to a fine not exceeding five thousand rupees or to imprisonment for a term notexceeding two years or to both such fine and imprisonment.
General 46. Any person who commits a breach of any provision of this Act or of any relations
Powers. made thereunder for which no punishment is expressly provided for shall be guilty of an
offence and shall on conviction after summary trial before a Magistrate be liable to afine not exceeding five hundred rupees.
Forfeiture of 47. Any court may on the conviction of any person of an offence under this Act
weights &c. relating to any weight or measure or weighing or measuring instrument, make orderdealing that such weight or measure or weighing or measuring instrument shall be
forfeited to the State; and every weight or measure or weighing or measuring
instrument which is so forfeited shall be disposed of in such manner as may beprescribed.
Evidence of 48. For the purpose of this Act any weight or measure or weighing or measuring
possession. instrument which is found in the possession of any person who carries on any trade,or an any premises used by any person for the purposes of any trade, shall, until thecontrary is proved, be deemed to be in the possession of that person for use in trade.

Sanction forprosecution.

49. No prosecution shall be instituted against any person for any offence under
this Act except by or with the written sanction of the Superintendent of
Measurement Units, Standards and Services for the District or area within whichsuch offence is alleged to have been committed.
PART IX
GENERAL

Board registered by
50.
Assistant Director andsuperindenant.

(1) The Director may from time to time direct any Assistant
Director of Measurement Units, Standards and Services tohold an inquiry with respect to the administration of this Act
in any area in Sri Lanka.
(2) Where any such Assistant Director or any such
Superintendent is directed to hold an inquiry under subsection(1) in any area, be shall(a) inspect the tertiary standards and the weighing
and measuring instruments provided for sue by the
Inspector appointed for such area or for any division
forming part thereof ;(b) inquire into the procedure observed in theinspection and verification of weights and measures
and weighing and measuring instruments in thatarea ; and(c) make such other investigations as the Director
may direct.
(3) For the purpose of any inquiry authorised to be held in any
area, the officer who is directed under subsection (1) to holdsuch inquiry shall and may exercise all the powers conferredon an Inspector by or under this Act.

Declaration of specified 51.
packaged goods andquantity to be containedin any package.

(1) The Minister may, by Order published in the Gazettedeclare any goods, to be specified packaged goods(hereinafter referred to as “specified packaged goods”) for
this section.
(2) Where any specified packaged goods are sold by any
packer or an importer shall be subject to the provisions of thissection (b) to any person who is concerned in the detection ofsuch offence or affecting the seizure and forfeiture of sucharticle. such reward as he may consider reasonable.
(3) The Director may, by Notification published In the(Gazette, declare in respect of certain specified packaged

goods tile quantity to be contained in any package and inrespect of all other specified packaged Goods, the quantity to
be contained in a package shall be as decided upon by apacker or an importer as the case may be.
(4) It shall be the duty of any person who is a packer or an
importer of any specified packaged goods to ensure that suchpackage is marked the prescribed manner with –(a) a statement of the quantity contained inauthorised unit either of weight or volume or oflength ; and(b) his name and address or a mark which enables
his name and address to be readily ascertained by
an Inspector.
(5) The Minister shall by regulations, prescribe the methods
and tests that should be adopted to determine the correctnessof the quantity contained in any package containing any
specified packaged goods whether packed in Sri Lanka.
(6) Any person who is a packer or an importer of any
specified packaged goods –(a) who packs or imports any specified packaged
goods, containing less than the quantity as indicatedin the statement on the package ; or(b) fails to mark in authorized units on any package,
the quantity it contains,shall be guilty of an offence and shall on conviction be liable
to a fine not exceeding two thousand rupees or imprisonmentof either description for a term not exceeding one year or toboth such fine and imprisonment.
Sale of packaged goods not 52. Any person who sells or expose for sale a package containing
marked in authorised units any specified packaged goods, the quantity of which is not marked
to be an offence.
on it in authorised units, shall be guilty of an offence under this Act.
Settlement of 53. If any dispute arises between an inspector and any other person as to the methods
disputes.
to be adopted in testing any weight or measure or weighing or measuring instrument,such dispute shall, at the request of such inspector or of such other person, be
determined by the Director and the decision of the Director shall be final andconclusive.
Certificate of Director
Deputy Director or an
Assistant Director to be

54. A certificate purporting to be issued by the Director, the Deputy
Director or an Assistant Director of Measurement Units, Standards
and Services regarding the condition of any weight or measure or
weighing or measuring instrument expanded by him shall, without

prima facie evidence offacts stated therein.

further proof” be admissible in evidence in any court, and shall be
prima facie proof of the facts stated therein.

Principal liable for 55. Where any offence under this Act is committed by an agent or servant ofoffences ofany manufacturer or trader, such offence shall be deemed to have been
servants andcommitted by such manufacturer or trader unless he proves that such offence
agents.
was committed without his knowledge.
Offences committed 56. Where an offence under this Act is committed by a body of persons,by body of persons. then.
(a) if the body of persons is body corporate, every person who at
the time of the commission of that offence was a director, or
officer of that body corporate; or(b) if the body of persons is a body other than a body corporate,
every person who at the time of the commission of the offence
was a member of that body,shall be deemed to be guilty of the offence:
Provided however that such director, officer or member shall not be deemed to be guilty of that
offence if he proves that the offence was committed without his knowledge or that he exerciseddue diligence to prevent the commission of that offence.
Rewards to
57. Where any person is convicted of any offence under this Act, or where any
certain persons. article is seized and ordered to be forfeited under this Act, the Director may pay(a) to the person or persons who provided the information Dealing
to such conviction or the seizure and forfeiture of such article ; andRepeal of section 58.
257, 258, 259 and260 of chapter 19
and savings.

(1) Section, 257, 253, 259 and 260 of the Penal Code (Chapter 19)
are hereby repealed.
(2) Notwithstanding the repeal of the aforementioned sections,
every action or prosecution already instituted and pending under
the repealed sections in any court, original or appellate, on theappointed date shall be continued and proceeded with to final
judgment under the said repealed sections.

Repeal of59.
Chapter 158
and savings.

(1) The Weights and Measures Ordinance (Chapter 158) is hereby
repealed.
(2) Notwithstanding the repeal of the aforesaid Ordinance(a) any act or thing done by an inspector before theappointed date shall be deemed for all purposes to have

been validly done and shall have effect an though such act
or thing was done under the provisions of this Act;(b) every standard of weight or measure procured andverified under sections 14 and 15 of the repealed
Ordinance, shall for all purposes be deemed to be a standardof weight or measure for the purposes of this Act;(c) every secondary standard of weight or measure verified
and authenticated under section 16 of the repealed
Ordinance and every working standard authenticated under
section 17 of the repealed Ordinance shall, for all purposes
be deemed to be a secondary standard or a tertiary standard
respectively, for the purposes of this Act; and(d) every licence issued under section 31 of the repealed
Ordinance for the sale, manufacture or repair of any
authorized weight or measure or any weighing or
measuring instrument shall be deemed to be a licencevalidly issued under the provisions of this Act.
Regulations.60.
(1) The Minister may make regulations for matters required by the Act
to be prescribed and for matters in. respect of which regulations areauthorized by this Act to be made.
(2) In particular and without prejudice to the generality of the powers
conferred by subsection (1), the Minister may make regulations in
respect of all or any of the following matters :(a) the tests required to be passed by any person is order tobe appointed as an inspector under subsection (3) of section
14;(b) the custody and preservation of the Sri Lanka standards,
reference standards, secondary and tertiary standards ;(c) the manner in which reference standards, secondary andtertiary standards shall be authenticated and verified ;(d) the specifications for tertiary standards and the mannerin which such standards shall be kept and preserved ;(e) the procedure for the examination and stamping of
secondary and tertiary standards, and the periodical
identification of weighing and measuring instruments
provided for use by inspectors;(f) the requirements as to the composition, form andspecification of weights, measures and weighing andmeasuring instruments and the prohibition of themanufacture or use of weights, measuring and weighing andmeasuring instruments which do not conform to suchrequirements;(g) the inspection, verification and stamping by inspectors ofweights, measures and weighing and measuring instruments,
the tests to be applied for the purpose of ascertaining theaccuracy and efficiency of weights and measures, the formand design of stamps to be used by inspectors the manner inwhich such stamps shall be used and the circumstances inwhich such stamps shall be used and the circumstances illwhich such stamping shall be prohibited ;(h) the limits of error to be allowed on verification and to be
tolerated on inspection and on pattern approval of weights,
measure and weighting and measuring instruments, either
generally or as respects any trade ;(i) the rules, tests, procedures and inferences permitted in
respect of packaged goods, the content of which are marked
by long, volume or weight ;(j) physical contents and their corresponding numberedvalues that should be used for all purposes ;(k) methods of determination of the value of such attributesof colour and hardness used for industrial purposes ;(l) Circumstances and conditions under which the persons
by whom and the manner in which marks of verification may
be obliterated or defaced ;(m) the fees to charged by inspectors for the examination,verification of weights, measures and weighing andmeasuring instruments and the cost of verification andexamination ;(n) the manner in which the methods for celebrating different
instruments should be determined and established ; and(o) all matters incidental to are connected with the mattersor subjects specifically referred to in this subsection ;(3) Every regulation made by the minister shall be published in thegazette and shall come into operation on the date of such publication onor such latter date as may be specified in the regulation(4) Every regulation made by the minister shall as soon as convenient
after its publications in the gazette, be brought before parliament for its
approval. Every regulation which is not so approved shall be deemed tobe rescinded as from the date of such disapproval but without prejudice
to anything previously done thereunder.
Interpretation.61.
(1) In this act unless the context otherwise requires –“measure means a vessel of determined capacity for determining thevolume of a liquid or the length of a graduated rod in line ;“measuring instrument” means any instrument used for themeasurement of length area, volume or capacity or any instrument forthe measurement of“tertiary standard ” means a standard procured under section 8 with thespecification of accuracy prescribed for such standard and used by aninspector ;“trade” means any transaction, contract, sale, bargain or dealingreferred to in section 12 ;“unit of measurement means” any unit of measure as set out in the Firstand Second Schedules ;“weight” means a body of determinate mass for use with a weighing
instrument ; and“weighing instrument” means an instrument for the measurement ofmass or weight.
(2) For the purpose of this Act a weight an instrument for the measure
shall be deemed to be correct –(a) upon verification, if it is in accordance with a tertiarystandard of that weight or measure or has not a greater limitof error than the prescribed limit of error to be allowed onverification ; or(b) upon inspection, if it is in accordance with a tertiarystandard of that weight or measure or has not a greater limitof error than the prescribed limit of error to be tolerated on
inspection ; or(c) for the purposes of determining whether an offence has
been committed under section 45, the limit of error should
not exceed twice the limit of error allowed on inspection.
(3) For the purpose of this Act a weighing or measuring instrument
shall be deemed to be correct(a) upon verification, if it has not a greater limit of error
than the prescribed limit of error to be allowed verification ;or(b) upon inspection, if it has not a greater limit of error thanthe prescribed limit of error to be allowed verification ; or(c) for the purpose of determining whether an offence has
been committed under section 45 the limit of error should
not exceed twice the limit of error allowed on inspection.
Sinhala text to prevail in case 62. In the event of any inconsistency between the Sinhala andof inconsistency.
Tamil texts of this Act the Sinhala text shall prevail.

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