WEIGHTS AND MEASURES ACT - 1975 (NRCD 326)
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(1) The units of measurement to be used throughout Ghana shall be the units known as the International System of Units.
(2) The International System of Units shall comprise
(a) the basic units set out in Part 1 of the First Schedule;
(b) the supplementary and derived units set out in Part 2 of the First Schedule; and
(c) the units which may be used in conjunction with the basic, supplementary and derived units as set out in Part 3 of the First Schedule.
(3) Multiples and sub-multiples of each of the units of the International System of Units shall be an integral power of ten (positive or negative) as set out in Part 4 of the First Schedule.
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(1) The Commissioner shall, as occasion may require, procure or cause to be prepared and maintained national prototype standards of mass and measure of the units of the International System of Units set out in Part 1 of the First Schedule.
(2) The national prototype standards of mass and measure shall be verified and certified in terms of the international prototype standards of mass and measure (maintained and kept by the international Bureau of Weights and Measures) by such means and in such manner as the Commissioner may determine.
(3) When so verified and certified the national prototype standards shall be the Ghanaian Primary Standards of mass and measure by reference to which in Ghana all standards of mass and measure shall be maintained.
(4) The Ghanaian Primary Standards of mass and measure shall be in such form and of such material as the Commissioner may direct and the form, material and place of keeping shall be such as to be as far as practicable proof against mechanical and atmospheric agencies and all other sources of error.
(5) The Commissioner shall also cause to be maintained such weighing machines and other articles as appear to him necessary for giving effect to this section.
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(1) The Commissioner shall, as occasion may require, procure or cause to be prepared and maintained Working Standards of mass and measure in such form as may be recommended by the Custodian of Weights and Measures, who shall verify the Working Standards by reference to the Tertiary Standards and cause an indelible mark to be made on such Working Standards.
(2) The Working Standards shall be used for the inspection, verification and authentication of all weights and measures as required by this Decree, and for such other purposes as the Commissioner may direct.
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(1) The Commissioner shall cause the Primary Standards to be verified at least once in every ten years at the International Bureau of Weights and Measures.
(2) Where the Primary Standards are to be sent out for such verification, the Commissioner shall cause to be deposited with the Custodian of Weights and Measures such Secondary Standards as he may think fit after having provided for them to be compared and verified with the Primary Standards in such manner as he may direct and such Secondary Standards shall be deemed to be the Primary Standards during such time as the Primary Standards are out of Ghana.
(3) The Secondary, Tertiary and Working Standards shall be compared and verified by the Custodian of Weights and Measures at such intervals and in such manner as the Commissioner may determine.
(4) On being satisfied of the accuracy of the Secondary, Tertiary or Working Standards as the case may be, the Custodian of Weights and Measures shall issue certificates of verification and such certificates shall be retained by the persons who have custody of the relevant standards.
(5) All Secondary, Tertiary and Working Standards which have been duly verified and certified shall, for all purposes, be conclusively deemed to be true and accurate and judicial notice shall be taken of every such standard.
(6) The Commissioner may at any time cancel any Secondary, Tertiary or Working Standard and shall by notification in the Gazette direct that such cancelled standard shall no longer be used for the purposes of this Decree.
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(1) No person shall-
(a) use for trade or industry any unit of measurement of length, area, volume, or mass or weight, which is not included in the First Schedule; or
(b) use for trade or industry, or have in his possession for use for trade or industry, and linear, square or cubic measure which is not included in the Second Schedule or any weight which is not so included.
(2) Except as may be prescribed and subject to any regulations made under section 32-
(a) a linear measure specified in Part 1 of the Second Schedule may be marked in whole or in part with divisions and subdivisions representing any shorter length or lengths;
(b) no cubic measure specified in Part 3 of the Second Schedule shall be used for trade or industry by means of any division or subdivision marked thereon as a cubic measure of any lesser quantity.
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(1) Every weight for use in trade or industry shall have the denomination of such weight marked on the top or side thereof in legible figures and letters by the manufacturer:
Provided that where the small size of a weight renders it impracticable to mark such a weight, a certificate shall be supplied by the manufacturer in respect of such weight and the certificate shall be produced to an Inspector on his request and shall contain sufficient particulars to enable the identification and denomination of such weight to be established.
(2) Every measure of capacity for use in trade or industry shall have the denomination thereof marked on the outside of such measure in legible figures and letters by the manufacturer.
(3) A weight or measure not in conformity with this section shall not be stamped with a stamp of verification under section 11.
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(1) Subject to the provisions of this section, every weight, measure and instrument for weighing or measuring for use in trade or industry shall be verified and stamped by an Inspector with a stamp of verification, and the Inspector shall issue a certificate of verification at the time of stamping:
Provided that where the small size of a weight renders it impracticable for the Inspector to stamp it with his stamp of verification, he may on being satisfied with the identity and denomination of such weight, dispense with stamping and issue a certificate of verification.
(2) A certificate of verification issued under subsection (1) shall remain in force for such period as may be prescribed and shall during that period authorise the use of the weight, measure or instrument for weighing or measuring in any part of Ghana unless it is unjust.
(3) Every person who has in his possession for use in trade or industry any weight, measure or instrument for weighing or measuring shall retain in his possession the certificate of verification issued in respect thereof and shall produce the certificate for inspection whenever required to do so by an Inspector.
(4) Every weight, measure and instrument for weighing or measuring which has been stamped and verified under subsection (1) shall be authenticated within such intervals as the Commissioner may prescribe.
(5) The verification and stamping or authentication under this section shall be made by reference to a Working Standard.
(6) Where any weight, measure or instrument for weighing or measuring is of such a character as not to be capable of being readily or conveniently brought to an Inspector for the purpose of examination, such Inspector shall upon the written request of the person in possession of the weight, measure or instrument, and on payment by him of the prescribed fees, attend at the premises where it is located and there examine it.
(7) An Inspector shall not verify, stamp, certify or authenticate any weight, measure or instrument for weighing or measuring where-
(a) it is not in conformity with section 9(1) or 9(2); or
(b) it presents unusual features which do not conform to such pattern or specifications as the Custodian of Weights and Measures may prescribe generally by notice published in the Gazette; or
(c) it contravenes or fails to comply with any of the provisions of this Decree or regulations made thereunder.
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(1) A weight made of lead or pewter or of any mixture thereof shall not be verified and stamped with a stamp of verification or certified or authenticated under section 11 nor shall such weight be used for trade:
Provided that this subsection shall not apply where such weight is wholly and substantially cased with brass, copper or iron and legibly marked "cased".
(2) Nothing in this section shall prevent the insertion into a weight of such plug of lead or pewter as is necessary for the purpose of adjusting the weight and affixing thereon the stamp of verification.
(3) An Inspector may refuse to stamp any iron weight or any weight cased with iron unless it has a plug of softer metal upon which to impress or affix the stamp.
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(1) A measure of capacity having a portion made of metal or other suitable material (sufficient to bear the stamp of verification) extending from the lower end, and having the upper portion made wholly or partially of glass or other transparent material so that the level of the surface of the contents may be clearly seen, and with the level line distinctly marked upon the transparent portion, may be used for measuring liquids and shall be filled to the level of the line so marked.
(2) All measures used for measuring liquids not constructed as described in subsection (1) shall be filled to the level of the brim.
(3) All measures of capacity used for any purpose other than measuring liquids shall either be stricken with a round stick or roller, straight and of the same diameter from end to end, or if the article sold cannot from its size and shape conveniently be stricken, shall be filled in all parts as nearly to the level of the brim as the size and shape of the article will permit.
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(1) The Commissioner may, by notice published in the Gazette, appoint a person or body of persons to be Custodian of Weights and Measures for the purpose of carrying into effect the provisions of this Decree.
(2) The Custodian shall be appointed on such terms and conditions as the Commissioner may by his instrument of appointment determine.
(3) The Commissioner may by regulations prescribe the duties and powers of the Custodian.
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(1) The Commissioner may, by notice published in the Gazette, appoint a Chief Inspector of Weights and Measures and such number of Deputy Chief Inspectors and Inspectors of Weights and Measures as may be necessary for carrying into effect the provisions of this Decree.
(2) Every Inspector shall make such returns and furnish such information as the Chief Inspector may require and generally shall conform to the directions of the Chief Inspector.
(3) The powers and duties of the Chief Inspector may be exercised and discharged by any Deputy Chief Inspector.
(4) The Commissioner may from time to time give the Chief Inspector directions of a general character not inconsistent with the provisions of this Decree and the Chief Inspector shall give effect to such directions.
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(1) The Chief Inspector shall cause such Working Standards and instruments for weighing or measuring as he may think requisite to be procured and delivered to the Inspectors and every Inspector shall, at such times and places as the Chief Inspector shall appoint (of which appointments public notice shall be given), attend with his Working Standards and instruments for weighing and measuring, and examine all weights, measures and instruments for weighing or measuring brought to him.
(2) An Inspector shall examine every weight and measure which is brought to him for the purpose of verification, and shall compare it with the corresponding Working Standard.
(3) If he finds it to be just, and not already stamped or marked, he shall stamp or mark it in the prescribed manner.
(4) An Inspector shall also stamp and mark in the prescribed manner any instrument for weighing or measuring brought or submitted to him for examination which he finds to be just and accurate and not already stamped or marked.
(5) Whenever an Inspector stamps, marks or verifies any weight, measure or instrument for weighing or measuring, he shall enter in a book kept by him particulars of the stamping, marking or verification.
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(1) Every Inspector may, subject to the production if so requested of a certificate of his appointment, at all reasonable times enter any shop, store, warehouse, stall, yard or other place, in which he has reasonable cause to believe that goods are bought, sold, exposed, or kept for sale, or weighed or measured for conveyance or carriage, and may require the production of, and may examine, any weight, measure or instrument for weighing or measuring that may be there.
(2) If on the examination the Inspector has reasonable cause to believe that any such weight, measure or instrument for weighing or measuring is made or used contrary to any of the provisions of this Decree or of any statutory instrument made thereunder, he may seize, carry away, and detain it for the purpose of comparing it with a Working Standard.
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Any person who uses in trade or industry, or has in his possession for use in trade or industry, any weight, measure or instrument for weighing or measuring-
(a) which is false or unjust; or
(b) which is not authorised to be used under section 9; or
(c) which is not marked or certified in conformity with section 10; or
(d) which is not verified, stamped, certified or authenticated in conformity with section 11 or 12; or
(e) in respect of which a certificate of verification is not in force,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding c500.00 or to imprisonment not exceeding twelve months or to both.
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(1) Any person who sells goods whether on his own behalf or on behalf of another shall, if the goods are packaged or put into containers or are similarly prepared for exhibition or sale, cause both the gross and the net weights or measures to be declared on the package or container.
(2) Any person required under this section to have the weight or measure of goods declared on the package or container who refuses or neglects to do so as required by this section shall be guilty of an offence and liable on summary conviction to imprisonment not exceeding two years or to a fine not exceeding c1,000.00 or to both.
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(1) Any person who sells goods, whether on his own behalf or on behalf of another, by weight or measure, shall upon being so required by the person to whom the goods are delivered and in the presence of the last-mentioned person-
(a) if the goods are sold by weight, weigh the goods; or
(b) if the goods are sold by measure, measure the goods.
(2) Any person required under this section to weigh or measure any goods who refuses or neglects to do so as required by this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding c200.00.
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Where in any trade the transaction or dealing is to be determined by weight or measure and the trader in respect of such trade is not in possession of the weights, measures or instruments for weighing or measuring necessary for such trade, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding c200.00.
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Every person who-
(a) knowingly makes, sells or uses, or knowingly causes to be made, sold or used, any unjust weight, measure, or instrument for weighing or measuring; or
(b) forges or counterfeits, or causes or procures to be forged or counterfeited, or knowingly assists in forging or counterfeiting, any stamp or mark used for stamping or marking any weight, measure or instrument for weighing or measuring; or
(c) knowingly sells, disposes of or exposes for sale any weight, measure or instrument for weighing or measuring with any forged or counterfeit stamp or mark thereon; or
(d) with intent to defraud, alters any weight, measure or instrument for weighing or measuring stamped or marked in accordance with this Decree; or
(e) commits any fraud in the use for trade or industry of any weight, measure or instrument for weighing or measuring,
shall be guilty of an offence and liable on summary conviction to imprisonment not exceeding two years or to a fine not exceeding c1,000.00 or to both.
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Any person who-
(a) neglects or refuses to produce for examination by an Inspector when lawfully required to do so any certificate, weight, measure, or instrument for weighing or measuring in his possession or custody or on his premises; or
(b) wilfully obstructs or hinders an Inspector in the performance of his duties under this Decree,
shall be guilty of an offence and liable on summary conviction to imprisonment not exceeding twelve months or to a fine not exceeding c500.00 or to both.
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Any Inspector who-
(a) stamps, marks or certifies any weight or measure without duly verifying it by comparison with the proper Working Standard; or
(b) repairs, alters or adjusts any weight, measure or instrument for weighing or measuring examined by him,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding c200.00.
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(1) Where an offence under this Decree or under any statutory instrument made thereunder is committed by a body of persons:
(a) where the body of persons is a body corporate, every director or officer of that body corporate shall be deemed to be guilty of that offence; and
(b) where the body of persons is a firm, every partner of that firm shall be deemed to be guilty of that offence.
(2) No person shall be deemed to be guilty of an offence under subsection (1) if he proves that the act in respect of which he is charged was committed by some other person without his consent or connivance and that he exercised all such diligence to prevent the commission of that act as he ought to have exercised having regard to all the circumstances.
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(1) Where an Inspector has reasonable cause to believe that an offence under this Decree has been committed in respect of any weight, measure or instrument for weighing or measuring he may seize and detain that weight, measure or instrument.
(2) Where the owner of such weight, measure or instrument cannot be found within thirty days after the seizure, that weight, measure or instrument shall be forfeited to the Republic.
(3) Subject to subsection (2), any weight, measure or instrument for weighing or measuring in respect of which any offence is committed under this Decree may be forfeited to the Republic by order of the court.
(4) Any weight, measure or instrument for weighing or measuring which is forfeited to the Republic shall be destroyed or otherwise disposed of in such manner as the Chief Inspector may direct.
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Where any weight, measure or instrument for weighing or measuring is found in the possession of any person carrying on trade or industry, or in or upon the premises of any person which (whether a building or in the open air, and whether open or enclosed) are used for trade or industry, that person shall be deemed for the purposes of this Decree, unless the contrary is proved, to have that weight, measure or instrument for weighing or measuring in his possession for use in trade or industry.
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(1) No weight, measure or instrument for weighing or measuring shall have a greater error than the limits of error prescribed by regulations made under this Decree.
(2) Any weight, measure or instrument for weighing or measuring which is within the prescribed limits of error shall be deemed to be just and true for the purposes of this Decree.
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(1) For the purpose of expressing the values of the units of the International System of Units in terms of the values of other units of measurement, Part 1 of the Third Schedule shall have effect.
(2) For the purpose of expressing the values of other units of measurement in terms of values of the units of the International System of Units, Part 2 of the Third Schedule shall have effect.
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(1) Any reference to units of measurement contained in any enactment in force on the commencement of this Decree shall be construed by reference to the appropriate units of the International System of Units in accordance with the rates of conversion set out in the Third Schedule.
(2) Without prejudice to the provisions of subsection (1), the Commissioner responsible for Justice may by legislative instrument adapt, amend, convert or modify the provisions of any enactment in order to replace references to units of measurement contained therein by references to the units of the International System of Units in accordance with the rates of conversion set out in the Third Schedule or in such approximation thereto as the Commissioner responsible for Justice may consider necessary or desirable.
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Nothing in this Decree shall-
(a) prevent the sale or subject a person to a penalty under this Decree for the sale of anything in any vessel where the vessel is not represented as containing any amount of a measure authorised under this Decree, or
(b) subject a person to a penalty under this Decree for, the possession of any vessel where it is shown that that vessel is not intended for use as a measure.
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The Commissioner may by legislative instrument make regulations-
(a) prescribing or making provision for anything which under this Decree may be prescribed or provided for by regulations, and
(b) prescribing the fees to be charged for stamping, marking or verifying weights, measures and instruments for weighing or measuring;
(c) modifying, amending or revoking any of the provisions of the Schedules to this Decree;
(d) otherwise for carrying into effect the principles and purposes of this Decree.
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In this Decree, unless the context otherwise requires:
"Commissioner" means the P.N.D.C Secretary responsible for Industries, Science and Technology'. [As subtistuted by the Weights and Measures (Amendment) Law, 1992 (PNDCL 301) s. 1].
"Inspector" includes the Chief Inspector, a Deputy Chief Inspector and an Inspector of Weights and Measures;
"instrument for weighing" includes a balance scale, beam, steel meter, counterpoise and every machine for determining weight;
"measure" includes any instrument for the measurement of length, area, volume, capacity, temperature, pressure or gravity;
"prescribed" means prescribed by regulations made under section 32;
"trade" means any contract, bargain, sale or dealing made or had in Ghana for any work, goods, wares or merchandise or thing which has been or is to be done, sold, delivered, carried or agreed for by weight or measure and the collection of tolls or duties charged or collected according to weight or measure.
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(1) The following enactments are hereby repealed:-
section 27 of the Towns Ordinance (Cap. 86);
section 138 of the Criminal Code, 1960 (Act 29);
Weights and Measures Act, 1964 (Act 255).
(2) Notwithstanding the repeal of the Weights and Measures Act, 1964 (Act 255), and notwithstanding the foregoing provisions of this Decree, the use of any weight or measure authorised by the Weights and Measures Act, 1964 shall be lawful up to the 31st day of August, 1975.
Provided that on and after the 1st day of September, 1975 only the International System of Units as prescribed by this Decree shall be used.
(3) Notwithstanding any of the foregoing provisions of this Decree, no prosecution shall be brought for any offence under this Decree until after such date as the Commissioner may specify by legislative instrument.
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