WEIGHTS AND MEASURES

(1) There may, for the purposes of this Ordinance, be appointed-

(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.

(a) declare that any Municipal Council, Urban Council, Town Council or Village Council, or where such Council has been dissolved, the Special Commissioner or Special Commissioners appointed under section 277 of the Municipal Councils Ordinance or section 184 of the Urban Councils Ordinance or section 183 of the Town Councils Ordinance or the public officer appointed under section 54 or section 54A of the Village Councils Ordinance shall be the local authority for the purposes of the administration of this Ordinance in the area within the administrative limits of such Council, in relation to all weights, measures and weighing and measuring instruments or in relation to such weights or measures or weighing or measuring instruments as may be specified in such Order; or

(b) where any Council, Special Commissioner or public officer 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, Special Commissioner or public officer shall cease to be a local authority for the purposes of this Ordinance.

(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.

(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.

(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.

(3A) A certificate issued under subsection (3) or a copy thereof purporting to be signed and certified as a true copy by the Warden shall, without further proof, be admissible in evidence in any legal proceeding and shall in such proceeding be sufficient prima facie evidence of the fact stated therein.

(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.

(5) In any legal proceeding any inspector or superintendent who has exercised or discharged in any place any power or duty conferred or imposed on him by or under this Ordinance shall, until the contrary is proved, be deemed to have been duly authorized under this Ordinance to exercise or discharge such power or duty in that place.

(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.

(1) Every Sri Lanka standard shall be kept and preserved in such manner as may be prescribed at the office and in the custody of the Warden.

(2) The Minister shall, once at least in each period of fifteen years, cause such Sri Lanka standards as he deems necessary, equivalent 10 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.

(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.

(1) The Minister may, for the purposes of this Ordinance, cause such copies as he may consider necessary of any Sri Lanka standards to be made in such manner and of such material, weight, length, form and specifications, as may be prescribed.

*(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.

(5) The Minister 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.

(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.

(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.

(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 kachcheri in Sri Lanka 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 kachcheri, in the custody of the superintendent of the district or area in which that place is situated.

(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.

(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.

(2) An 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.

(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 kachcheri in Sri Lanka and at every other place at which working standards are, under section 18(1), required to be kept,

(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.

(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.

(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.

(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-

(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

(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;

(c) any striker which does not comply with the requirements of section 30 (a):

(a) if the article is sold by weight, weigh the article in a weighing instrument in the presence of that person ; or

(b) if the article is sold by measure, measure the article in a measure of capacity in the presence of that person.

(1) Where the Minister 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 Sri Lanka, the Minister may by Order 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 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 is published in the Gazette.

(2) Where in any proceeding in any court it has to be determined whether an Order under subsection (1) was in force on any day in any place, a certificate under the hand of the divisional Assistant Government Agent having jurisdiction over that place to the effect that such Order was in force on that day in that place shall be received in that proceeding as conclusive evidence of the facts stated therein and such divisional Assistant Government Agent shall not be examined or cross-examined in such proceeding with respect to that certificate.

(a) be stricken with a round striker which must be straight and of the same diameter from end to end ; or

(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.

(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.

(2) No licence to sell, manufacture or repair weights, measures, and weighing and measuring instruments shall be issued to any person except upon payment of the prescribed fee.

(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.

(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.

(5) The Warden may revoke any licence issued under this section if the holder of the licence is convicted of an offence under this Ordinance.

(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.

(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.

(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.

(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-

(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.

(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.

(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.

(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.

(3) No inspector shall stamp any weight or measure with a mark of verification-

(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;

(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;

(c) inspect and test any weighing or measuring instrument or any striker which is found therein or produced for examination;

(d) seize and detain for the purpose of a prosecution for an offence under this Ordinance or any other written law, 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 or such other written law, as the case may be; and

(e) inspect and weigh, or inspect and measure, any article which is therein kept, offered or exposed for sale in order to ascertain whether the provisions of this Ordinance are being complied with in respect of such article and seize and detain any article in respect of which or in relation to which a contravention of any provision of this Ordinance has been or is suspected to have been committed.

(a) inspect any weight or measure or weighing or measuring instrument which is found in such premises; and

(b) seize and detain for the purpose of a prosecution for an offence under this Ordinance, any weight or measure or weighing or measuring instrument which is found in such premises and which has not, in the period of twelve months immediately preceding the date of inspection, been stamped by an inspector with the prescribed mark of verification.

(a) enter any premises used for the purposes of any trade in any place or area in Sri Lanka (including any area within the administrative limits of any local authority), and check any weighing or measuring which is being or which has been done for the purpose of delivering goods to a purchaser;

(b) seize and detain where necessary for the purpose of any prosecution in respect of an offence under section 44B, any goods which have been so delivered in contravention of the said section 44B.

(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.

(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.

(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.

(2) Subject as hereinafter provided, no inspector shall repair, alter or adjust any weight or measure or weighing or measuring instrument:

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.

(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.

(1) All fees paid under this Part to any inspector appointed by the Warden shall be credited to the Consolidated Fund.

(2) All fees paid under this Part to any inspector appointed by a local authority shall be credited to the funds of the authority.

(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.

(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.

(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.

(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

(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,

(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

(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

(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

(d) willfully increases or diminishes a weight or measure which has been stamped by an inspector under this Ordinance, or tampers with a weighing or measuring instrument which has been so stamped, or uses, sells, exposes for sale, utters or otherwise disposes of any weight or measure which he knows to be so increased or diminished or any weighing or measuring instrument which he knows to be tampered with,

(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

(b) being the holder of such licence,” commits a breach of any condition lawfully inserted in the licence,

(1) The Minister may, by Order published in the Gazette, declare any article to be a specified article for the purposes of this Section.

(2) No person shall sell, or offer or expose for sale, any specified article packed in a container-

(3) A person who contravenes any provision of subsection (2) 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.

(1) The Warden may from time to time direct the Deputy Warden or any superintendent to hold an inquiry with respect to the administration of this Ordinance in any area in Sri Lanka.

(2) Where the Deputy Warden or any superintendent is under subsection (1) directed to hold an inquiry in any area, he shall-

(3) For the purposes of any inquiry authorized to be held in any area, the officer 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.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.

(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:-

(3) No regulation shall have effect unless it is approved by Parliament, and until notification of such approval has been published in the Gazette.

(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.

(1) In this Ordinance, unless the context otherwise admits-

” Chairman”, in relation to a local authority, means the Chairman of an Urban Council, Town Council or Village Council, and shall, in the case of a Municipal Council, be deemed to be a reference to the person for the time being appointed to be or to act as Municipal Commissioner;

” container” includes anything in or by which an article is cased, enclosed, contained or packed ;

” Deputy Warden” means the Deputy Warden of the Standards appointed under section 2;

” division ” means the area assigned to an inspector under section 4; Examiner of appointed

“Examiner” means an the Standards under section 2;

“inspector” means an inspector of weights and measures appointed under section 4;

” local authority ” means any Municipal Council, Urban Council, Town Council, or Village Council 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 and includes any Special Commissioner or public officer who has been so declared ; the village area for which such Village Council is established being deemed for this purpose to be the area within the administrative limits of such Council.

” measuring instrument” means instrument used for any measurement of length, area, the 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 ;

” prescribed” means prescribed by regulation;

” price control inspector ” means a price control inspector appointed under the Control of Prices Act;

” regulation ” means a regulation made by the Minister under this Ordinance;

” specified standards laboratory ” means the national standards laboratory of any country specified by the Minister for the purpose of this Ordinance by notification published in the Gazette;

“superintendent “, means a superintendent or an assistant superintendent of weights and measures appointed under section 2,

“trade “, means any contract, bargain, sale or dealing referred to in subsection (1) of section 22 and includes the packing in Sri Lanka of any article in a container for purposes of sale;

“Urban Council” means an Urban Council constituted under the Urban Councils Ordinance;

“Warden” means the Warden of the Standards appointed under section 2 ;

” 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;

(2) For the purposes of this Ordinance, a weight or measure shall be deemed to be just-

(2A) For the purposes of this Ordinance, a weighing or measuring instrument shall be deemed to be just-