Law No. 23 of 2010 regarding Commercial Activity
- Category: Laws
- Date: January 28, 2010
- No: 23
- Source: General Peoples' Congress
- Sector: Economy
- Tag: Commercial
- Status: Effective
Page 9 of 13
Table of Contents
Book Nine Scales: dry measures and measurements
Section One Legal measurement units
Article 1204
Units system
The international units system shall be taken as a basis of the Libyan measurement units and the related Libyan standard specifications shall define the units and symbols of the international system.
Article 1205
National standards
The National centre for specifications and standards approves national standards embodying measurement units to be defined by need and shall be kept according the applicable scientific rules and shall be dependent on the international standards.
Article 1206
Use of measurement unit
The units of the international system for units shall be used in all the Libyan measurements for example:
- All the commercial transactions which include directly or indirectly any measurements.
- Documents related to jurisdiction, documentation, accounts, tenders, conditions and all the formal documents.
- All what are related to prices, services, announcements, information, education, industry, health, public safety, laboratories and specifications.
- All the foreign transactions. However, in case of dealing with a country using a system of unit other than the inter nation system of unit.
The units used by that country may be written down beside the units of the international system of units.
Article 1207
Measuring tools and instruments
The measuring tools and instruments which use the result by indication must be given the units of the international system of units.
Section Two Control over measurements
Article 1208
Conditions satisfaction
The measuring tools and instruments which are subject to compulsory control under this law should satisfy the measurement conditions provided for in this law for each of :-
- The new or locally manufactured or imported measuring tools and instruments.
- Circulated measuring tools and instruments
- Measuring tools and instruments after repairing or modification.
Article 1209
Compulsory control
The measuring tools and instruments to be defined by the executive regulation provided for in article (1227) shall be subject to compulsory control.
The measuring tools and instruments that are not satisfying the requirements and conditions set out in article (1208) of this law shall not be used.
Article 1210
Classification of the compulsory control
The compulsory control over the measuring tools and instruments shall be classified as following:
- the use of the measuring tools and instruments and its methods with intention to ensure application of provision of this book.
Article 1211
Application of control methods
The Libyan standard specifications shall define the control method over the measuring tools.
Article 1212
Seal and imprint
The measuring tools and instruments which satisfy the requirements and conditions set out in article (1208) shall be given seals of this control or shall be provided with corresponding certificates of the legal measuring tools or instrument.
The measuring tools and instruments which are not corresponding to the requirements and conditions set out in article (1208) shall be given the seal of rejection until they are modified or repaired.
In all the cases the rejected measuring tools and instruments which are referred to in paragraph (2) of this article may not be used. The existence of those rejected tools and instruments in work place shall be considered as god as their use.
The center shall define the shapes and descriptions of the seals of control over the measuring tools and instruments.
The legal seals of control shall not be put on measuring tools and instruments except by the persons who are legally entrusted with such job.
Article 1213
Control over measurements
The measurement which are referred to in article (1206) of this law shall be subject to the control. The executive regulation provided for in article (1227) of this law shall define the methods of control to which these measurements and the authority entrusted therewith shall submitted.
Article 1214
Control over the quantities of the products and the packed materials
The quantities of the products and packed materials offered for circulation which are bearing data tags showing expressly or symbolically the fixed quantity of these products shall be subject to control.
The center shall define the standard methods and requirements under which the verification of the correctness of the quantities of the products, packed materials and the limits of allowance shall be effected.
Article 1216
Manufacture, sale and repairing of the measuring tools and instruments
The executive regulation provided for in article (1227 of this law shall define the conditions necessary for granting licensing for practicing the activity of import or export or manufacture or repair or sale or lease of the measuring tools and instruments included in the provisions of this law.
The said authorities shall be subject to the continuous legal control in the manner to be defined by the executive regulation provided for in article (1227) of this law.
Section Three Distribution of powers
Article 1217
The authority executing the provisions of this book
The concerned authority shall execute the provisions set out in this book.
The concerned secretary may also entrust other concerned authorities or of special scientific category of the measuring tools and instruments, provided that these authorities shall be approved for performance of such type of activity. The executive regulation provided for in article (1227) of this law shall define the requirements of approval of the said authorities.
Article 1218
The authority concerned with Specifications and standards
The authority which is concerned with specifications and standards shall assume the following assignments:
Section Four Penalties
Article 1219
Lack of legal seals
Any one possessed with intention of trade or use a measuring tool or instrumental not bearing the legal seals indicating satisfaction of requirements of the categories defined in this book shall be amerced by a fine not less than one thousand (1000 LD) dinars and not more than three thousand (3000 LD) dinars.
Tampering with standardized instruments
Anyone who introduced intentionally modification to the legal measuring tools and instruments which have been standardized shall be amerced by a fine not less than three thousand (3000 LD) dinars and not more than five thousand (5000 LD) dinars.
Article 1221
Recidivism
The penalty provided for in articles (1219), (1220) shall be doubled in case of recidivism.
Article 1222
Dealing conclusively with unstandardized instruments
Any who repaired legal measuring tools and instruments without being permitted to do so shall be amerced by a fine amounting to five hundred (500 LD) dinars.
Article 1223
Hindering Assignments of the judicial officers
Anyone who prevented the judicial officers from performing their assignments shall be penalized by imprisonment for a period not less than one month and not exceeding six month and by a fine not less than one thousand (1000 LD) dinars and not more than two thousand (2000 LD) dinars or by both penalties.
Section Five Final provisions
Article 1224
Capacity of the judicial officers
The persons for who a resolution shall be issued by the general peopleís committee shall have the capacity of the judicial officers. In this regards, they shall have the right to verify the violations of these provisions. To this end they shall have the right to access to the public and private.
Article 1225
Standardization fees
The control jobs shall be against a financial fees to be fixed by a resolution of the concerned secretary with exception of control works which aim at verification of application of provisions of this book.
Article 1226
Coordination on specifications and standards affairs
Coordination shall be effected between the authorities concerned with specifications and standards according to what is to be defined by the executive regulation provided for in article (1227) particularly the following matters:
- Laboratories.
- Measuring equipment and instruments uses in measurement and standardization operations
- Personnel in the field of measurement and standardization.
Article 1227
Executive regulation
The rules and procedures necessary for the implementation of provisions of this book shall be organized by a resolution to be issued by the general peopleís committee.