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WEIGHTS AND MEASURES ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
UNITS OF MEASUREMENT.

   2.   Measurement of weight.

   3.   Measurement of length.

   4.   Measurement of area.

   5.   Measurement of volume.

   6.   Measurement of capacity.

   7.   Amendments of definitions of units of measurement.

   8.   This Part and section 9 subject to section 46.

PART III
STANDARDS OF WEIGHT AND MEASURE.

   9.   Primary standards.

   10.   Secondary standards.

   11.   Working standards and testing equipment.

PART IV
WEIGHING AND MEASURING FOR TRADE.

   12.   Meaning of "use for trade".

   13.   Units of measurement lawful for use for trade.

   14.   Weights and measures lawful for use for trade.

   15.   Weighing or measuring equipment lawful for use for trade.

   16.   Submitting equipment to inspector.

   17.   Examination, stamping and adjusting of equipment by inspector and certificate of verification.

   18.   Period of validity of stamp.

   19.   Weighing or measuring equipment with novel features.

   20.   Weighing or measuring in presence of buyer or seller.

   21.   Evidence of possession.

   22.   Rules relating to weighing or measuring and fees.

   23.   Sale or hire of measuring equipment.

   24.   Offences in connection with equipment.

   25.   Other offences in connection with equipment.

PART V
REGULATION OF CERTAIN TRANSACTIONS IN GOODS.

   26.   Short weight and misrepresentation.

   27.   Weight to be deemed net weight.

   28.   Check-weighing of vehicles.

   29.   Offences relating to prepacked goods.

   30.   Pleading of warranty as defence.

   31.   Other defences and safeguards.

   32.   Offences due to default of third person.

   33.   Rules relating to transactions in particular goods.

PART VI
ADMINISTRATION.

   34.   Superintendent of weights and measures.

   35.   Inspectors of weights and measures.

   36.   Examiners of weights and measures.

   37.   Powers of inspection and entry.

   38.   Obstruction of inspector or examiner.

PART VII
GENERAL.

   39.   Offences by corporations.

   40.   Liability of employer or master.

   41.   Aiding.

   42.   Protection from personal liability.

   43.   Rules.

   44.   Offences and penalties generally.

PART VIII
CONVERSION TO METRIC.

   45.   Metric system.

   46.   Prohibition of derived system.

   47.   Exemptions.

   48.   Surrender to inspector.

   49.   Seizure and disposal of weight, measure and instrument of derived system.

   50.   Prohibition of weights, measures and instruments of derived system.

   51.   Metric price conversion table.

   52.   Transitional rules.

   53.   Offences and penalties relating to conversion to metric system.

      First Schedule   Definitions of units of measurement.

      Second Schedule   Weights and measures lawful for use for trade.

      Third Schedule   Certificate of verification of secondary standards.

      Fourth Schedule   Certificate of verification of working standards.

      Fifth Schedule   Abbreviations of units of measurement lawful for use for trade.

      Sixth Schedule   Certificate of verification.

      Seventh Schedule   Design of the stamp.

CHAPTER 103
WEIGHTS AND MEASURES ACT.

Commencement: 1 July, 1965.

   An Act to amend and consolidated the law relating to the use of weights and measures and for matters incidental thereto and connected therewith.

PART I
INTERPRETATION.

1.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   (a)   "buyer" includes a prospective buyer and a person acting on his or her behalf;

   (b)   "by way of trade" means having any connection whatever with trade, and includes preparation for trade and checking in connection with trade;

   (c)   "container" includes any form of packaging goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and, in particular, includes a wrapper or confining band;

   (d)   "derived" means derived from the metric standards as provided by sections 2, 3, 4, 5 and 6;

   (e)   "examiner" means an examiner of weights and measures appointed under section 36;

   (f)   "goods" means anything which is the subject of trade;

   (g)   "indication of quantity", in relation to any container in or on which goods are made up, means a statement in writing to the effect that those goods are of, or of not less than, a specified quantity by net weight or other measurement or by number, as the case may require;

   (h)   "inspector" means an inspector of weights and measures appointed under section 35 and includes the superintendent, deputy superintendent and the assistant superintendent;

   (i)   "motor vehicle" has the same meaning as in the Traffic and Road Safety Act;

   (j)   "occupier", in relation to any premises or in relation to the use of any place for any purpose, means the person for the time being in charge of the premises or, as the case may be, the person for the time being using that place for that purpose;

   (k)   "Permanent Secretary" means the person for the time being holding the office of Permanent Secretary in the Ministry responsible for the administration of this Act;

   (l)   "premises" includes any place, whether open or enclosed, and any stall or vehicle;

   (m)   "prepacked" means made up in advance ready for sale in or on a container; and on any premises where articles of any description are so made up, or are kept or stored for sale after being so made up, any article of that description found made up in or on a container shall be deemed to be prepacked unless the contrary is proved;

   (n)   "road" has the same meaning as in the Traffic and Road Safety Act;

   (o)   "sale" includes barter, or transfer of goods for valuable consideration;

   (p)   "seller" includes a prospective seller and a person acting on his or her behalf;

   (q)   "stamp" means the mark specified in the Seventh Schedule to this Act for use as evidence of the passing of weighing or measuring equipment as fit for use for trade, whether applied by impressing, engraving, etching, stencilling, branding or otherwise howsoever, and cognate expressions shall be construed accordingly;

   (r)   "superintendent" means the superintendent of weights and measures appointed under section 34;

   (s)   "testing equipment" means testing equipment maintained under section 11;

   (t)   "trailer" has the same meaning as in the Traffic and Road Safety Act;

   (u)   "valid", in relation to a stamp borne by any weighing or measuring equipment, means a stamp of such date that it is in due force according to any period which may have been prescribed in respect of the stamp by rules made under section 18, and cognate expressions shall be construed accordingly;

   (v)   "vehicle" has the same meaning as in the Traffic and Road Safety Act;

   (w)   "weighing or measuring equipment" means equipment for measuring in terms of weight, length, area, volume, capacity or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement;

   (x)   "weight", in relation to a unit of measurement, means mass, and the weight of any thing may be expressed by reference to the units of measurement set out in Part I of the First Schedule to this Act, in the same terms as its mass.

   (2) Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an inspector or examiner, shall be construed as a reference to that person or some other person acting on his or her behalf in the matter in question.

PART II
UNITS OF MEASUREMENT.

2.   Measurement of weight.

   (1) The pound or the kilogram shall be the unit of measurement of weight by reference to which any measurement of weight shall be made in Uganda, and—

   (a)   the pound shall be 0.45359237 kilogram exactly;

   (b)   the kilogram shall be the solid mass unit represented by the international prototype of the kilogram maintained by the International Bureau of Weights and Measures.

   (2) Part I of the First Schedule to this Act shall have effect for defining for all purposes in Uganda the units of measurement of weight set out in it.

3.   Measurement of length.

   (1) The yard or the metre shall be the unit of measurement of length by reference to which any measurement of length shall be made in Uganda, and—

   (a)   the yard shall be 0.9144 metre exactly;

   (b)   the metre shall be the length equal to 1650763.73 wavelengths in vacuum created by radiation corresponding to the transition between the levels 2P10 and 5D5 of the krypton atom 86.

   (2) Part II of the First Schedule to this Act shall have effect for defining for all purposes in Uganda the units of measurement of length set out in it.

4.   Measurement of area.

   (1) The square yard or the square metre shall be the unit of measurement of area by reference to which any measurement of area shall be made in Uganda, and—

   (a)   the square yard shall be the superficial area equal to that of a square each side of which measures one yard;

   (b)   the square metre shall be the superficial area equal to that of a square each side of which measures one metre.

   (2) Part III of the First Schedule to this Act shall have effect for defining for all purposes in Uganda the units of measurement of area set out in it.

5.   Measurement of volume.

   (1) The cubic yard or the cubic metre shall be the unit of measurement of volume by reference to which any measurement of volume shall be made in Uganda, and—

   (a)   the cubic yard shall be the volume equal to that of a cube each edge of which measures one yard;

   (b)   the cubic metre shall be the volume equal to that of a cube each edge of which measures one metre.

   (2) Part IV of the First Schedule to this Act shall have effect for defining for all purposes in Uganda the units of measurement of volume set out in it.

6.   Measurement of capacity.

   (1) The gallon or the litre shall be the unit of measurement of capacity by reference to which any measurement of capacity shall be made in Uganda, and—

   (a)   the gallon shall be the space occupied by 10 pounds weight of distilled water of density 0.998859 gram per millilitre weighed in air of density 0.001217 gram per millilitre against weights of density 8.136 grams per millilitre;

   (b)   litre has the same meaning as a cubic decimetre.

   (2) Part V of the First Schedule to this Act shall have effect for defining for all purposes in Uganda the units of measurement of capacity set out in it.

7.   Amendments of definitions of units of measurement.

   The Minister may by statutory order amend the definitions of the kilogram, the metre and the litre occurring respectively in sections 2, 3, and 6, and the amendments shall be the meanings appearing to him or her to reproduce in English the definitions of the units recognised by the General Conference of Weights and Measures from time to time convened by the International Bureau of Weights and Measures.

8.   This Part and section 9 subject to section 46.

   This Part of the Act and section 9 shall be subject to section 46 and any statutory order made under it.

PART III
STANDARDS OF WEIGHT AND MEASURE.

9.   Primary standards.

   (1) The Minister shall, as occasion may require, procure and cause to be maintained standards of measurement of weight, length, area, volume and capacity representing and corresponding to any of the several weights and measures specified in the Second Schedule to this Act.

   (2) Every weight and measure so procured shall be verified at the standard weights and measures department of the Board of Trade in the United Kingdom and, upon the issue of a certificate signed by an officer of that board that the weight or measure falls within the permissible limits of error and that it is fit for use as a standard, the weight or measure shall become a Uganda primary standard and shall, for all purposes, be deemed to be true and accurate.

   (3) Every such Uganda primary standard shall be made of such materials and in such manner and shall be placed in such a receptacle as to be, so far as practicable, proof against mechanical and atmospheric agencies and all sources of error.

   (4) The Uganda primary standards shall be kept at the office of the treasury officer of accounts, and the receptacle in which they are kept shall be secured by two locks which shall not be capable of being opened by the same key.

   (5) The key of one lock shall be kept by the treasury officer of accounts, and the key of the other lock shall be kept by the superintendent.

   (6) The treasury officer of accounts and the superintendent shall be wardens of the Uganda primary standards.

   (7) Once at least in every 10 years the Minister shall cause the Uganda primary standards for the time being to be reverified at the standard weights and measures department of the Board of Trade in the United Kingdom, and to be adjusted and renewed if requisite.

   (8) Before the primary standards are sent out of Uganda for reverification, the Minister shall cause to be deposited at the offices of the treasury officer of accounts, equivalent weights and measures of the secondary standards which are referred to in section 10, and those secondary standards shall be deemed to be Uganda primary standards during such time as the primary standards are out of Uganda.

   (9) The superintendent shall, at least once in every six months, make a careful examination of all the primary standards with a view to seeing that they are complete, clean and in good condition.

10.   Secondary standards.

   (1) The superintendent shall procure a copy of each of the Uganda primary standards, and those copies shall be known as the secondary standards.

   (2) The superintendent shall maintain the secondary standards and—

   (a)   shall cause every secondary standard to be verified not less than once in every five years by comparison with the corresponding primary standard and for the purpose of such comparison may temporarily remove the primary standards to his or her own office;

   (b)   shall, if necessary, cause a secondary standard to be corrected and adjusted to agree with the corresponding primary standard;

   (c)   shall complete a certificate in the form set out in the Third Schedule to this Act in respect of every secondary standard found to be accurate on such comparison.

   (3) Judicial notice shall be taken of every secondary standard certified in accordance with this section, and each such standard shall be deemed to be true and accurate until the contrary is proved.

11.   Working standards and testing equipment.

   (1) The superintendent shall procure for the use of inspectors and examiners in the exercise of their duties such standards, in this Act referred to as "working standards", being of the denomination of any of the secondary standards, and such testing equipment as he or she may deem expedient.

   (2) The superintendent shall maintain the working standards and—

   (a)   shall cause every working standard to be verified not less than once a year by comparison with the corresponding secondary standard;

   (b)   shall, if necessary, cause a working standard to be corrected and adjusted to agree with the corresponding secondary standard;

   (c)   shall complete a certificate in the form set out in the Fourth Schedule to this Act in respect of every working standard found to be accurate on such comparison.

   (3) Judicial notice shall be taken of every working standard certified in accordance with this section, and each such standard shall be deemed to be true and accurate until the contrary is proved.

   (4) The superintendent shall keep a record of and shall maintain any testing equipment procured under this section and shall cause the accuracy of that testing equipment to be verified not less than once a year.

PART IV
WEIGHING AND MEASURING FOR TRADE.

12.   Meaning of "use for trade".

   (1) For the purposes of this Act, "use for trade" means use in Uganda in connection with, or with a view to, a transaction for—

   (a)   the transferring or rendering of money or money's worth in consideration of money or money's worth; or

   (b)   the making of a payment in respect of any tax or duty; where—

      (i)   the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and

      (ii)   the use is for the purpose of the determination or statement of that quantity.

   (2) Notwithstanding any other provision of this Act, the following equipment shall be regarded for the purposes of this Act as weighing or measuring equipment in use for trade—

   (a)   any weighing or measuring equipment which is made available for use by the public, whether on payment or otherwise;

   (b)   any equipment which is used for the grading by reference to their weight, for the purposes of trading transactions by reference to that grading, of hens' eggs in shell; and

   (c)   any weighing or measuring equipment used in the course of making up any goods by quantity for trade or used for checking the quantity of goods on dispatch or delivery.

13.   Units of measurement lawful for use for trade.

   (1) No person shall—

   (a)   use for trade any unit of measurement of weight, length, area, volume or capacity which is not included in the First Schedule to this Act, or which has been prohibited by a statutory order made under section 46;

   (b)   except in connection with the dispensing of drugs, use for trade any abbreviation of, or symbol for, a unit of measurement of weight, length, area, volume or capacity other than the abbreviations specified in the Fifth Schedule to this Act.

   (2) No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.

   (3) Any person who contravenes any of the provisions of this section commits an offence.

   (4) The Minister may by rules made under this Act prescribe what may be treated for the purposes of use for trade as the equivalent of, or multiple or fraction of, any unit of measurement included in the First Schedule to this Act in terms of any other such unit.

   (5) The Minister may by statutory order amend the Fifth Schedule to this Act by adding to it or removing from it any abbreviation of a unit of measurement of weight, length, area, volume or capacity.

14.   Weights and measures lawful for use for trade.

   (1) No person shall use for trade, or have in his or her possession for use for trade, any weight or any measure of length, area, volume or capacity which is not included in the Second Schedule to this Act or which has been prohibit

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