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Diamond Cutting - Miscellaneous (Ss 28-34)

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28.     Unauthorized erection or operation of machinery

 

            (1) Any person (other than a licensee, a body whose nominee is licensed under this Act or an employee acting in the course of his employment with such licensee or body) who erects or operates any machine designed or adapted for diamond cutting without having obtained written permission from the Minister to do so shall be guilty of an offence.

 

29.     Preference for Botswana products, etc.

 

            (1) The holder of every licence issued under this Act or the body whose nominee is licensed under this Act shall, in the conduct of the operations under such licence, and in the purchase, construction and installation of facilities, give preference, to the maximum extent possible consistent with safety, efficiency and economy, to-

     (a)     materials and products made in Botswana; and

     (b)     service agencies located in Botswana and owned by Botswana citizens or bodies corporate established under the Companies Act.

            (2) The holder of a licence issued under this Act or the body whose nominee is licensed under this Acts hall, in the operations, conduct training programmes in consultation with the Minister for the benefit of employees so that such employees may qualify for advancement.

 

30.     False statements

 

            Any person who in any application made under this Act knowingly makes or causes to be made a statement which is false in a material particular shall be guilty of an offence.

 

31.     Falsifying records

 

            Any person who knowingly makes or causes to be made or connives at the making of any false entry in any record required to be kept under this Act or who prevents the making of correct entries therein shall be guilty of an offence.

 

32.     Indemnity of officers, etc.

 

            No public officer or other authorized officer shall be liable for anything done or omitted to be done bona fide in the performance or purported performance of any function vested in or delegated to him by or under this Act.

 

33.     Penalties

 

            Any person who is guilty of an offence under this Act for which no penalty is provided shall be liable on conviction-

     (a)     in the case of an offence referred to in section 8(6), 13(2), 17(2), 22(4), 23(3), 24(2), 26(2), 30 or 31, to a fine not exceeding P500 or to imprisonment for a term not exceeding one year, or to both;

     (b)     in the case of an offence referred to in section 18, 21(2) or 28, to a fine not exceeding P1 000 or to imprisonment for a term not exceeding two years, or to both; and

     (c)     in the case of an offence referred to in section 3(3), 14, 19(8), or 20(2), or of a contravention of section 15(1), (2) and (3), to a fine not exceeding P2 000 or to imprisonment for a term not exceeding five years, or to both.

 

34.     Regulations

 

            (1) The Minister may make regulations for the better carrying into effect of this Act and in particular and without prejudice to the generality of the foregoing may provide for the following matters or purposes-

     (a)     maintenance of discipline and the good order and well-being of the diamond cutting industry;

     (b)     the forms in licences;

     (c)     the form of any application to be made under this Act;

     (d)     the form of any notice to be issued or published under this Act;

     (e)     the form of and conditions attaching to any licence provided for in this Act;

     (f)      the form of any endorsement to be made on a licence under this Act;

     (g)     any matter incidental to the cancellation or suspension of a licence;

     (h)     the returns to be furnished by licensees;

     (i)      such other returns as may be found necessary or expedient for the purposes of this Act; and

     (j)      prescribing anything which in terms of this Act is to or may be prescribed.

            (2) Regulations made under the provisions of subsection (1) may provide for a fine for the contravention thereof not exceeding P1 000 or imprisonment for a term not exceeding two years, or both.