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Chapter 91:06 - HuckstersLicensng and Control

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L.R.O. 1/2012
LAWS OF GUYANA
HUCKSTERS LICENSING AND CONTROL ACT
CHAPTER 91:06
Act
28 of 1936
Amended by
24 of 1969
7 of 1981 4 of 1985
13 of 1989 11 of 1993
1 – 12 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
LAWS OF GUYANA
2 Cap. 91:06 Hucksters Licensing and Control
L.R.O. 1/2012
Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
LAWS OF GUYANA
Hucksters Licensing and Control Cap. 91:06 3
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CHAPTER 91:06
HUCKSTERS LICENSING AND CONTROL ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Huckster’s licence.
4. Period of licence.
5. Forging or counterfeiting licences.
6. Provisions to be observed by hucksters.
7. Fine for huckstering without licence or not producing licence.
8. Demand for production of huckster’s licence.
9. Search of huckster’s pack.
10. Assaulting officer in execution of duty.
11. Acting without licence.
12. Sale of articles ordered to be sold under this Act.
13. Penalties.
14. Offences punishable under the Summary Jurisdiction Acts.
SCHEDULE—Forms.
__________________________ 1953 Ed.
c. 119 _______________________________________________________
28 of 1936 An Act to provide for the licensing and control of hucksters.
[1ST JANUARY, 1937]
Short title.
Interpretation.
[24 of 1969]
1. This Act may be cited as the Hucksters Licensing
and Control Act.
2. In this Act—
“goods, wares or merchandise” means any article, old or new
and includes subject to this Act any provisions or
refreshments or anything other than wine, malt liquor or
LAWS OF GUYANA
4 Cap. 91:06 Hucksters Licensing and Control
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c. 28:02
c. 28:01

Huckster’s
licence.
[7 of 1981
4 of 1985
13 of 1989
11 of 1993]
Schedule.
spirituous liquor for the sale of which a licence is or may
be required by law;
“huckster” means any person who travels on foot or with a
horse or other beast bearing or drawing burden or with a
cycle or motor vehicle and goes from place to place or to
other men’s houses carrying to sell or exposing for sale
any goods, wares or merchandise, and includes any
person who travels by any means of locomotion to any
place in which he does not usually reside or carry on
business and there sells or exposes for sale any goods,
wares or merchandise in or at any house, shop, room,
shed, stall or yard, or other place whatever owned, hired
or used by him for that purpose;
“licence” means a licence granted under this Act;
“market” means a market under the control of a
municipality or local authority constituted under the
Local Government Act or of a district council established
under the Municipal and District Councils Act, or such
other place as may from time to time be declared a
market by the Minister for the purposes of this Act;
“motor vehicle” means any mechanically propelled vehicle
intended or adapted for use on roads and includes a
motor cycle with or without a side car or van;
“officer” means any Government officer for the time being
performing duties in relation to District Administration
and includes any police officer or constable or any
revenue officer of rivers, creeks, crown lands and forests.
3. No person shall act as a huckster without a licence
which shall be non-transferable duly issued to him by an
officer in one of the forms set out in the Schedule the duty on
which shall be as follows:
Every huckster—
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Hucksters Licensing and Control Cap. 91:06 5
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(a) who travels on foot or with a man-
propelled vehicle, or cycle, the sum of
$280
(b) who travels with a horse or other
beast bearing or drawing burden, the
sum of $1,000
(c) who travels with a motor vehicle the
sum of $5,000
Provided that—
(i) no huckster’s licence shall be
required when the goods are
exposed for sale in any room or
stall in a market or for the sale
of bread, cakes, biscuits, pastry,
ice, sweetmeats, jams, jellies,
fresh fish, game, poultry, eggs,
milk or vegetables grown in
Guyana or of fresh fruit or
coconut oil or charcoal or
firewood or for the sale of any
produce of land occupied or
owned by the seller or his
principal, or for the sale of any
goods, wares or merchandise
by the real worker or maker
thereof on his own behalf or
by any person selling or
seeking orders for goods, wares
or merchandise to or from
persons who are dealers therein
and who buy to sell again;
(ii) no licence shall have any force
within ten miles of any claims
located and worked under the
LAWS OF GUYANA
6 Cap. 91:06 Hucksters Licensing and Control
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c. 65:01


Period of
licence.

Forging or
counterfeiting
licences.
Mining Act, or the Mining
Regulations for the time being
in force or shall entitle the
holder thereof to carry on the
trade or business of a huckster
within any area aforesaid;
(iii) no licence shall be required by
anyone who sells only copies
of the Bible, the Koran, the
sacred books or any portion
thereof of any recognised East
Indian religion, or any other
literature of a religious
character;
(iv) if the inhabitants of any rural
area by petition satisfy the
Minister that owing to the
remoteness of their dwellings
from any shop or trading centre
they stand in need of visits to
their area by hucksters it shall
be competent for the Minister
to authorise an officer to issue
licences of the character set out
in subparagraphs (b) and (c)
solely for use within such area,
at a rate of duty not less than
one-eighth of the amount of
duty therein prescribed.
4. Every licence shall whenever issued be granted
only on payment in full of the duty and shall expire on the
31st December in each year.
5. Any person who forges or counterfeits or makes
use of any forged or counterfeited licence under this Act
knowing the same to be forged or counterfeited shall be liable
on summary conviction to a fine of seven hundred and fifty
LAWS OF GUYANA
Hucksters Licensing and Control Cap. 91:06 7
L.R.O. 1/2012

Provisions to
be observed by
hucksters

Fine for
huckstering
without licence
or not
producing
licence.
dollars and to imprisonment for six months.
6. (1) Every huckster shall keep his name, the number
of his licence and the words “licensed huckster” visibly
and legibly painted upon every box or other package and
every vehicle used for the carriage of his goods.
(2) A huckster shall not permit to be used, or lend
his licence to any person either for or without reward.
(3) No person not having in force a licence under
this Act in his own real name shall use the words “licensed
huckster’’ or any words importing that he is a huckster or a
licensed huckster or trades with or under the colour of a
licence granted to any other person.
(4) Any person who contravenes any of the
foregoing provisions of this section shall be guilty of an
offence:
Provided that anyone in the bona fide employment of the
owner of a licence may lawfully make use of, trade and act
with and under that licence for the exclusive benefit of the
owner, if the name of the person so employed is endorsed
upon the licence by an officer or by a magistrate, in which last
case the magistrate shall, within seven days thereafter, send
or deliver to the officer the particulars of the endorsement.
7. (1) If any person does any act for which a
licence is required by this Act—
(a) without having a proper licence in
force in that behalf; or
(b) without immediately producing upon
demand by any person a proper
licence granted to him, and then in
force, he shall be guilty of an offence.
LAWS OF GUYANA
8 Cap. 91:06 Hucksters Licensing and Control
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Demand for
production of
huckster’s
licence.

Search of
huckster’s
pack.
(2) In any proceedings against any person under
this section, it shall be sufficient to allege that the defendant
did trade as a huckster without having in force a proper
licence and it shall not be necessary further or otherwise to
describe the offence.
8. (1) Any officer may demand from any person
huckstering or exposing for sale any goods, wares or
merchandise his licence therefor, in any case in which a
licence in respect thereof is or may be required, and if the
person does not forthwith produce the licence the officer
may seize and detain the goods, wares, and merchandise until
the penalty of forfeiture incurred by the person huckstering
or offering for sale the goods, wares or merchandise is paid
together with all costs of removal.
(2) If the penalty or forfeiture is not paid upon
conviction together with all costs of removal, the goods,
wares and merchandise together with the motor vehicle,
carriage or cart (together with the animal drawing it) or cycle
as the case may be shall be liable and leviable for the amount
thereof with costs and shall be sold by order of the convicting
magistrate, and if the proceeds of the sale are not sufficient
for the payment of the penalty or forfeiture with costs the
party convicted shall be liable therefor and the payment shall
be recovered by distress.
9. (1) Any officer may at any time open and inspect
any pack, box, bag, barrel, case or other container, and may
stop and inspect any vehicle in which a huckster carries his
goods, wares or merchandise and any huckster refusing to
allow an officer to open and inspect the pack, box, bag, barrel,
trunk, case or other container or to stop or inspect the vehicle
or attempting to do so shall be guilty of an offence.
(2) Any huckster so acting may be apprehended
and detained with the pack, box, bag, barrel, trunk, case or
other container or vehicle and the goods, wares or
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Hucksters Licensing and Control Cap. 91:06 9
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Assaulting
officer in
execution of
duty.
Acting without
licence.

Sale of articles
ordered to be
sold under this
Act.
Penalties.

Offences
punishable
under the
Summary
merchandise therein, until he can be brought before a
magistrate.
10. Any person who assaults, obstructs, hinders or
molests an officer in the execution of his duty under this Act
shall be guilty of an offence.
11. Any person who, in any part of Guyana, does any
act for which a licence may not be granted for that part of
Guyana though a licence is required elsewhere in Guyana
shall be guilty of an offence and shall in addition to any other
penalty be liable to a fine equal to the amount of the duty for
a licence to do that act.
12. All articles ordered to be sold by virtue of any of
the preceding provisions of this Act shall be publicly sold
by some police officer or constable, by direction of the
magistrate, for cash to the highest bidder, and the magistrate
shall cause notice of the intended sale to be affixed upon a
board in his court room at least one week before the day of
sale, unless the article seized is of a perishable nature in
which case the same shall be sold at the time and in the
manner directed by the magistrate; and the surplus
proceeds of every sale held under this section, after payment
of any penalty awarded against the owner of the article sold,
together with all costs and expenses, shall be paid to the
owner if he is known, and if he is not known they shall accrue
due and shall be paid by the magistrate to the Accountant
General for the public use.
13. Any person who is guilty of an offence under this
Act for which no special penalty has been provided shall be
liable to a fine of three hundred dollars and to imprisonment
for six months.
14. Every offence or penalty under this Act may be
prosecuted and enforced under the Summary Jurisdiction
Acts.
LAWS OF GUYANA
10 Cap. 91:06 Hucksters Licensing and Control
L.R.O. 1/2012
Jurisdiction
Acts.

[7 of 1981
4 of 1985
13 of 1989
11 of 1993]
____________________
SCHEDULE
FORMS
INLAND REVENUE
General No. .................................................District
Guyana
Divisional No...................................
Hucksters Licensing and Control Act
_________________
FORM 1
Licence is hereby granted to
of to act as a
huckster under section 3 (a) from the date hereof to the 31st
December, 20 , he having paid the sum of two hundred and
eighty dollars for this Licence.
Issued subject to the second proviso to section 3 of the
Hucksters Licensing and Control Act.
...............................................
Officer
Date........................................20.......
VALUE $280.
__________________

LAWS OF GUYANA
Hucksters Licensing and Control Cap. 91:06 11
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INLAND REVENUE
General No. ...............................................District
Guyana
Divisional No.....................................

Hucksters Licensing and Control Act
-----------------------
FORM 2
Licence is hereby granted to
of to act as a
huckster under section 3(b), from the date hereof to the 31st
December, 20 , he having paid the sum of one thousand
dollars for this Licence.
Issued subject to the second proviso to section 3 of the
Hucksters Licensing and Control Act.
.............................................
Officer
Date..........................................20.........
VALUE $1,000
____________________
INLAND REVENUE
General No................................................District Guyana
Divisional No.....................................

LAWS OF GUYANA
12 Cap. 91:06 Hucksters Licensing and Control
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Hucksters Licensing and Control Act
____________
FORM 3
Licence is hereby granted to
of to act as a
Huckster under section 3(c), from the date hereof to the 31st
December, 20 , he having paid the sum of five thousand
dollars for this licence.
Issued subject to the second proviso to section 3 of the
Hucksters Licensing and Control Act.
...........................................
Officer
Date.................................20......
VALUE $5,000
____________________