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Chapter 23:02 - House to House Public Collections (Control)

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L.R.O. 1/2012
LAWS OF GUYANA
HOUSE TO HOUSE AND PUBLIC COLLECTIONS (CONTROL)
ACT
CHAPTER 23:02
Act
31 of 1954
1 – 11 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 23:02
HOUSE TO HOUSE AND PUBLIC COLLECTIONS
(CONTROL) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Collection other than collections for charitable purposes prohibited.
4. Permission to make collection for charitable purpose.
5. Offence if collection for a charitable purpose made without a permit.
6. Assistant collectors to be duly authorised.
7. (1) Traffic not to be obstructed.
(2) Public not to be importuned.
8. Collection boxes.
9. Collectors not to receive remuneration.
10. Accounts.
11. Non-application of provisions of Act.
SCHEDULE—Permit.
__________________________
31 of 1954 An Act to regulate and control the collection of money or
the sale of articles for charitable or other purposes from
house to house and in public places.
[7TH AUGUST, 1954]

Short title.

Interpretation.
1. This Act may be cited as the House to House
and Public Collections (Control) Act.
2. In this Act—
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Collections
other than
collections for
charitable
purposes
prohibited.

Permission to
make collection
for charitable
purpose.
“charitable purpose” means any charitable, religious or
philanthropic purpose;
“collection” means the collection of money or the sale of any
articles from house to house or in any public place;
“collector” means, in relation to a collection, a person who
makes, assists or takes part in the collection;
“Commissioner” means the Commissioner of Police; “house”
includes a place of business;
“public place” means any highway, public park or garden
and sea beach, and any public bridge, road, lane,
footway, square, court, alley or passage, whether a
thoroughfare or not; and includes any open space to
which, for the time being, the public have or are
permitted to have access, whether on payment or
otherwise.
3. (1) Subject to this Act, no collection shall be made
for any purpose other than for a charitable purpose.
(2) Any person who contravenes subsection (1)
shall be liable to a fine of forty-eight thousand seven hundred
and fifty dollars or to imprisonment for six months.
4. (1) Any person who desires to make any
collection for a charitable purpose shall make
application in writing to the Commissioner not later than
thirty days before the date upon which he desires to make
such collection for a permit so to do.
(2) The Commissioner shall consider every such
application, and may in his discretion grant or refuse the
application.

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Schedule.
Offence if
collection for a
charitable
purpose made
without a
permit.
[6 of 1997]
Assistant
collectors to be
duly
authorised.
(3) Where any application is granted, the
Commissioner shall issue a permit in the form prescribed in
the Schedule subject to such conditions as he may deem fit.
(4) Any person aggrieved by the refusal of the
Commissioner to issue a permit or by any conditions attached
thereto may appeal to the Minister whose decision shall be
final.
5. (1) No collection for a charitable purpose shall be
made unless the requirements of this Act as to a permit for the
promotion thereof are satisfied.
(2) If a person makes a collection for a charitable
purpose then unless there is in force throughout the
period during which the collection is made a permit
authorising him or authorising another under whose
authority he acts, to make a collection for that purpose, he shall
be liable on summary conviction to a fine of forty-eight
thousand seven hundred and fifty dollars or to imprisonment
for six months.
(3) If a person assists or takes part in any
collection for a charitable purpose then, unless there is in
force, at all times when he so acts, a permit authorising a
collector under whose authority he acts, or authorising the
collector himself, to make such a collection, he shall be liable on
summary conviction to a fine of two thousand six hundred
dollars or to imprisonment for one month, or in the case of a
second or subsequent conviction to a fine of nine thousand
seven hundred and fifty dollars or to imprisonment for three
months.
6. (1) No person shall assist or take part in any
collection for a charitable purpose without the written
authority of the person, society, committee or other body of
persons to whom a permit has been granted. Such written
authority shall indicate the area allotted to the holder thereof,
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Traffic not to be
obstructed.
[6 of 1997]
Public not to be
importuned.

Collection
boxes.
[6 of 1997]
and every person acting as a collector shall remain within
his allotted area. Every person so authorised shall produce
such written authority forthwith for inspection by any member
of the Police Force on demand.
(2) Every person who assists or takes part in any
collection for a charitable purpose without the written
authority of the person, society, committee or other body of
persons to whom a permit has been granted, shall be liable on
summary conviction to a fine of twenty-six thousand dollars
or to imprisonment for three months.
7. (1) No collection for a charitable purpose shall be
made in any part of the carriage-way of any public place, and
no person shall, for the purpose of making a collection, do any
act which may cause the person in charge of a vehicle in
motion to stop such vehicle.
(2) No collection for a charitable purpose shall be
made in any public place to the obstruction of any person and
no collector shall importune any person in a manner
calculated to cause annoyance to such person.
(3) Any person who contravenes any of the
provisions of subsection (1) or of subsection (2) shall be
liable on summary conviction to a fine of four thousand
eight hundred and seventy-five dollars or to imprisonment
for two months.
8. (1) Every person who makes a collection for a
charitable purpose shall carry a collecting box or similar
receptacle in which he shall deposit immediately all moneys
received by him. All such boxes shall be numbered
consecutively and every collector shall deliver his boxes or
receptacles with the seals unbroken to the person responsible
for the proper application of the moneys received.

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Collectors not
to receive
remuneration.
[6 of 1997]

Accounts.
[6 of 1997]
(2) No person shall carry or use for the purposes of
a collection for a charitable purpose any collecting box,
receptacle or tray unless such box, receptacle or tray is duly
numbered and bears in large and legible letters the name of
the fund for which the collection is being made.
(3) Any person who contravenes any of the
provisions of subsection (1) or of subsection (2) shall be
liable on summary conviction to a fine of twenty-six
thousand dollars or to imprisonment for three months.
9. (1) No payment or reward shall be made or given
either directly or indirectly to any person making any
collection for a charitable purpose or concerned with the
promotion or conduct of any collection for a charitable
purpose or for any purposes connected therewith.
(2) Any person who contravenes any of the
provisions of subsection (1) shall be liable on summary
conviction to a fine of nine thousand seven hundred and fifty
dollars or to imprisonment for three months.
10. (1) Within one month after the date of any
collection for a charitable purpose the person, society,
committee or other body of persons responsible therefor
shall forward to the Commissioner a statement in such
form as shall be approved by the Commissioner certified
by the auditor of the society or by some independent
responsible person, approved by the Commissioner, with
vouchers showing in detail the amount collected and the
expenses incurred in connection with such collection, and
shall if required by the Commissioner, satisfy him as to the
due and proper application of the proceeds of the collection.
The person, society, committee or other body shall also,
within the same period, at his or their own expense and after
audit, publish in such newspaper or newspapers as
the Commissioner may direct a short statement showing the
name of the person, or society or other body responsible for
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Non-
application
of provisions of
Act.

the collection, the name of the charity or fund which is to
benefit, the date of the collection, the amount collected, the
amount of the expenses and the amount distributed to the
charity or fund.
(2) Any person, society, committee or other body
of persons responsible for any collection failing within the
time stated in subsection (1) to forward to the
Commissioner the statement and voucher referred to in that
subsection certified as therein required or to publish the short
statement referred to in that subsection, shall be liable on
summary conviction to a fine of forty-eight thousand seven
hundred and fifty dollars or to imprisonment for six months.
11. This Act shall not apply—
(a) to the sale of any articles by way of trade
from house to house or in any public place
where no representation is made that any
part of the proceeds of sale will be devoted
to any other purpose; or
(b) to any sweepstake organised and
controlled by any horse racing club or
association at, and on the day of, any race
meeting held in Guyana under the auspices
of that club or association; or
(c) to any lottery or sweepstake organised and
conducted by the Demerara Turf Club,
Limited, in connection with any race
meeting held under the auspices of that
Club or under the auspices of any racing
club or association affiliated thereto or in
connection with any race run in England
under Jockey Club Rules or National Hunt
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s. 4(3)
Rules.
____________________
SCHEDULE
PERMIT
UNDER
THE HOUSE TO HOUSE AND PUBLIC COLLECTIONS
(CONTROL) ACT
Cap. 23:02
Permission is hereby given to.............................of.........................
.................................to sell.......................................................and to
Collect money in the following public places in ........................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
and/or house in the following public places in.............................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
This permit holds good for the following date or dates..............
.........................and for the following hours on the date or dates
given above (hours)..........................................................................
This permit is granted subject to the following conditions:
(a) There shall not be any interference with the
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traffic or annoyance to members of the
public.
(b) No person shall assist or take part in the
collection without the written authority of
the person, society or committee to whom
this permit is granted, and any person so
assisting or taking part must be allotted an
area and remain within the allotted area
and shall produce such written authority
forthwith for inspection by any member of
the Police Force on demand.
(c) No collection shall be made in any part of the
carriage- way of any public place, and no
vehicle shall be stopped whilst in motion
for the purpose of making a collection.
(d) Every collector shall carry and present to all
contributors or purchasers a box or other
receptacle securely closed and sealed, and
into this box or other receptacle all moneys
shall be immediately placed.
(e) No box or other receptacle shall be carried
or used which does not display prominently
thereon the name of the fund for which the
collection is being made and all such boxes
or receptacles shall be numbered
consecutively.
(f) No payment or reward shall be made or
given to any collector or other persons
concerned with the collection for or in
respect of services rendered in connection
therewith.
(g) Within one month after the date of the
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collection a statement shall be forwarded to
the Commissioner certified by an auditor or
by some independent responsible person
showing in detail the amount collected and
the expenses incurred.
(h) Within the same period a statement shall be
published in a daily newspaper circulating
in Guyana showing the name of the person
or society or other body responsible for the
collection, the name of the charity or fund
which is to benefit, the date of the collection,
the amount collected, the amount of the
expenses and the amount distributed to the
charity or fund; this statement shall be
published after audit and a copy of the
newspaper shall accompany the statement
forwarded to the Commissioner.
Commissioner of Police.
Dated this..................................day of.....................................20.....
___________________