SECOND-HAND AND SCRAP METAL DEALERS

CHAPTER 50:06
SECOND-HAND AND SCRAP METAL DEALERS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title and commencement

    2.    Interpretation

    3.    Appointment of registering authority

    4.    Registration of dealers

    5.    Dealer to furnish description of premises

    6.    Non-registration of certain persons

    7.    Dealers to keep books

    8.    Dealers to retain articles for seven days

    9.    Dealers to enter names of purchasers, etc.

    10.    False entries and information

    11.    Dealers to produce articles and books on demand

    12.    Dealers to report stolen goods

    13.    Dealer may not alter or deface article without permission

    14.    Dealer may not possess smelting pots, etc.

    15.    Business not to be transacted with persons under 14 years of age

    16.    Dealers to have their names over shop doors

    17.    Revocation of registration

    18.    Cancellation of registration

    19.    Regulations

    20.    Exemptions

    21.    Registration not in lieu of licensing, etc., under other written laws

7 of 1971
G.N. 73/1972

    An Act to provide for the registration of dealers in second-hand goods and scrap metal and for matters incidental thereto and connected therewith

1.    Short title and commencement

    This Act may be cited as the Second-hand and Scrap Metal Dealers Act.

2.    Interpretation

    In this Act unless the context otherwise requires—

    “article” in relation to second-hand goods, means any item of second-hand goods, and in relation to scrap metal means anything consisting wholly or partly of metal and includes any part of such item or thing;

    “to buy” means to obtain by way of purchase, barter or exchange, and cognate words shall be construed accordingly;

    “dealer” means a second-hand dealer or a scrap metal dealer;

    “goods” means any tangible movable property entirely or partly manufactured, cast, wrought, woven or fashioned out of or on any metal, precious metal, cloth, paper, glass, clay, wood, plastic or other material, and includes motor vehicles, machinery, tools, works of art and printed and photographic reproductions of paintings, photographs, and recorded reproductions of speech or music;

    “metal” means aluminium, cobalt, copper, iron, lead, manganese, vanadium, cadmium, tungsten, zinc, all other ferrous and non-ferrous metals and alloys of these metals but does not include precious metals except to the extent that one tenth of one per centum or less of the weight of such an alloy as aforesaid is attributable to any precious metal;

    “precious metal” means gold, silver and platinum;

    “premises” includes any land whether enclosed or unenclosed and whether consisting of land and buildings or otherwise;

    “register” means the register of second-hand and scrap metal dealers kept by the registering authority as provided by section 4 (2);

    “registered dealer” means a dealer registered pursuant to section 4;

    “registering authority” means the Commissioner of Police;

    “re-possessed goods” means any goods which, under the terms of a hire-purchase or instalment sale agreement, have been re-possessed by the seller thereof from the purchaser;

    “scrap metal” includes—

        (i)    any old metal or broken metal;

        (ii)    any broken, worn out or defaced or manufactured, or partly manufactured, processed or wrought articles which are not fit for the purpose for which they were manufactured, processed or wrought or which are no longer so required;

        (iii)    metallic waste;

        (iv)    any metal, occurring as a mineral in a raw or natural state, in quantities of less than one thousand pounds in weight, except when utilized bona fide as raw metal geological specimens;

    “scrap metal dealer” means any person who carries on a trade or business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, and includes any person who, from a person other than a scrap metal dealer, buys or acquires scrap metal for further processing or for the manufacture of other things or for export, but does not include any person engaged in mining who in the course of his mining business buys or sells scrap metal from or to another such person;

    “second-hand goods” means any goods which have been bought or delivered or are possessed for sale after use by a previous owner, and includes goods received by any person from their previous owner in partial or full consideration for any contract, or by way of deposit or part deposit in respect of any hire-purchase or instalment sale agreement, but does not include re-possessed goods so long as the said goods remain in the possession of the seller thereof.

3.    Appointment of registering authority

    (1) There shall be a registering authority who shall be the Commissioner of Police and who shall, subject to the general or special directions of the Minister, be responsible for the administration of this Act.

    (2) The registering…