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Chapter 91:08 - Old Metal Dealers

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L.R.O. 1/2012
LAWS OF GUYANA
OLD METAL DEALERS ACT
CHAPTER 91:08
Act
38 of 1900
Amended by
26 of 1949
4 of 1972 27 of 1991
2 of 2007
1 – 15 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 91:08
OLD METAL DEALERS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Territorial division of Guyana for purposes of Act.
4. Trade or business of dealer.
5. Register to be kept.
6. Registration, licence.
7. [Omitted ].
8. Signboard to be erected by licensee
9. Notice of change of place of business.
10. Effect of conviction under the Act.
11. Power to visit place of business of registered dealer.
12. Regulations to be observed by registered dealer.
13. No export of old metal with an export licence.
13A. Minister may suspend export of old metal.
14. Purchase of less than specified quantity of certain metals.
15. Use as evidence of extract from register.
15A. Regulations.
FIRST SCHEDULE—Forms.
SECOND SCHEDULE—Metals and Quantities.

13B. Offence to export in breach of sections 13 and 13A.
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1929 Ed.
c. 71
1953 Ed.
c. 126 _______________________________________________________
6 of 1888 An Act for regulating the business of Dealers in Old Metals.
[15TH DECEMBER, 1900]
Citation.

Interpretation.
[2 of 2007]

Territorial
division of
Guyana for
purposes of Act.
[26 of 1949
4 of 1972
27 of 1991]
c. 16:01

1. This Act may be cited as the Old Metal Dealers Act.
2. In this Act—
“dealer” means a dealer in old metals, that is to say, any
person dealing in, buying and selling old metal of any
kind or description, scrap metal, broken metal, or
partly manufactured metal goods, or defaced or old
metal goods or portions of machinery, and whether
dealing in those articles only or together with other
things;
“old metal”—
(a) means articles referred to in the
definition of “dealer” in this section;
and
(b) includes any kind or description of
metal declared by regulation to be old
metal.
3. For the purposes of this Act, Guyana shall be
divided into areas (hereinafter referred to as divisions)
which shall, unless otherwise provided by order of the
Minister, be the police divisions prescribed from time to
time under the Police Act.

CHAPTER 91:08
OLD METAL DEALERS ACT

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Registration
compulsory.
[2 of 2007] Register to be
kept.
First Schedule;
Form 1.

Registration.
[27 of 1991
2 of 2007]
First Schedule
Form 4
4. (1) No person shall carry on the trade or business
of a dealer unless he is registered and licensed under
section 6, or on premises other than those in respect of
which he is registered and licensed.
(2) A person who contravenes subsection (1)
shall be liable on summary conviction to a fine of one
hundred thousand dollars, and in addition to a fine of six
thousand dollars for each day after the first on which he
continues the aforesaid contravention.
5. Every superintendent of police in charge of a
county shall keep at the headquarters police station of the
county of which he is in charge, an annual register of
dealers according to Form 1 in the First Schedule.
6. Anyone desiring to be registered and licensed as
a dealer in any year shall not later than 31st January of that
year apply in writing to the Superintendent of Police in
charge of the county in which he desires to carry on
business, stating his place of abode and the premises on
which he desires to carry on business, and the
Superintendent shall upon payment by the applicant of the
annual registration fee of one hundred thousand dollars
thereupon, subject as hereinafter provided register him as a
dealer in the annual register of that county, for one year
ending on 31st December of the year for which he is
registered and shall issue to the applicant a licence in Form 4
in the First Schedule:
Provided that where a person is registered and
licensed for the first time on or after 1st July in any year
the licence fee chargeable shall be fifty per cent of the
annual licence fee:
Provided further that in the case of any applicant as
to whom a magistrate has adjudged that he shall not carry
on the business of a dealer without the permission of the
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Sign-board to
be erected by
licensee.
[27 of 1991]

Notice of
change of place
of business.
[27 of 1991]
[2 of 2007]

Effect of
conviction
under the Act.
[27 of 1991]
Commissioner of Police as hereinafter provided, he shall not
be registered and licensed unless that permission is
expressly given.
7. [ Omitted ]
8. (1) Over one of the principal entrances to the
premises upon which any licensee under this Act
carries on business as a dealer there shall be placed a
board on which shall be printed, in legible letters at least
two inches in length, the name in full of such licensee and
the words “Registered and Licensed as a dealer in Old
Metals”.
(2) Every licensee who contravenes or fails to
comply with the provisions of subsection (1) shall be
liable on summary conviction to a fine of ten thousand
dollars and to imprisonment for six months.
9. Every dealer upon changing his place of
business from one part of a county to another part of the
same county shall forthwith give notice of the change at the
police station where he is registered, and if he continues to
carry on business as a dealer without giving that notice he
shall be liable on summary conviction to a fine of thirty
thousand dollars and, in addition to a fine of four thousand
dollars for every day after the first on which he continues to
carry on that business without giving the notice.
10. (1) Where any dealer is convicted of any offence
against any of the provisions of this Act, the magistrate
before whom the conviction for the offence takes place
may, if he thinks fit, adjudge that the offender shall not at
any time thereafter carry on the business of a dealer
without the express permission of the Commissioner of
Police.

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Power to visit
place of business
of registered
dealer.

Regulations to
be observed by
registered
dealer.
[27 of 1991
2 of 2007]
First Schedule;
Form 2.
(2) The magistrate so adjudicating shall forthwith
forward a certificate, signed by himself, stating the facts of
the adjudication to the Commissioner of Police who shall
thereupon cause the superintendent of police in charge of
the county in which that dealer is registered, to remove his
name from the register:
Provided that if the conviction is reversed on
appeal, the superintendent shall, on the application of the
appellant, restore his name to the register.
11. Any member of the Police Force above the rank
of constable may visit at any time the places of business and
inspect the goods and books of dealers, and each
superintendent or sub-officer shall, and is hereby
empowered to, record, in the book hereinafter required to be
kept by every dealer, the day and hour of his visit, and to
place opposite the entry of every article examined by him
his name or initials in attestation thereof.
12. (1) Every dealer shall conform to the following
regulations:
(a) he shall keep a book or books fairly
written, and shall enter therein,
according to Form 2 in the First
Schedule, an account of all old
metals of which from time to
time he becomes possessed, stating,
in respect of each article, the name of
the person who purchased or
received it, and the time at which,
and the name of the person from
whom, he purchased or received it,
adding, in the case of each last-
mentioned person the number of his
Identification Card or Passport, a
description of the business and place
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Form 3
of abode of that person; and he shall
also enter in the book or books,
according to Form 3 in the said
Schedule, an account of all old
metals which from time to time he
sells or disposes of, stating in respect
of those old metals the name of the
person to whom he sold or disposed
of them, adding a description of the
business and place of abode of that
person, and every entry in any book
aforesaid shall be deemed and
taken, unless the contrary is shown,
to have been made by or with the
authority of the dealer to whom that
book belongs;
(b) he shall not, by himself or by
any other person, purchase or
receive any old metals of any
description before the hour of eight
o’clock in the morning, or after the
hour of five o’clock in the
afternoon, nor shall he, by himself
or by any other person, purchase or
receive old metals of any
description from any person
apparently under the age of sixteen
years or from any person who does
not produce his Identification Card
or Passport, the number whereof
shall in accordance with paragraph
(a) be recorded by him, nor shall he
employ any servant or apprentice
or any other person under the age
of sixteen years to purchase or
receive old metals of any
description;
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(c) he shall, whenever requested
thereto, produce to any member of
the Police Force above the rank of
constable, the book or books
required to be kept as aforesaid,
and any old metals purchased or
received by him then in his
possession; and old metals shall be
deemed to be in the possession of a
dealer when they are placed in any
house, outhouse, yard, garden, or
place occupied by him, or have
been removed with his knowledge
and permission to any other place
without a bona fide sale of them
having been made by him;
(d) he shall without delay give
notice, to the officer on duty at the
police station nearest to the place
where he carries on business, of
any articles then in his possession,
or which may thereafter come
into his possession, answering the
description of any articles
which have been stolen, embezzled,
or fraudulently obtained, of which
printed or written information
containing a description of those
articles is given to him by any
officer or police;
(e) he shall keep all old metals
purchased or received by him
without changing the form in which
they were when so purchased, or
disposing of them in any way, for a
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No export of
old metals
without an
export
licence.
[27 of 1991]

Minister may
suspend export
of old metal.
[2 of 2007]
period of fifteen days after they
have been purchased or received;
and
(f) he shall not ship or export from
Guyana any old metal unless it has
been inspected in its original form
by an engineer approved by the
Minister who shall make out and
deliver to the Commissioner-
General of the Revenue Authority a
detailed description of the article
comprising such old metal, giving
the weight, kind and variety of
same.
(2) For any act or default contrary to the foregoing
regulations done or made by any dealer, he shall on
summary conviction be liable for a first offence to a fine of
not less than twenty thousand dollars and not exceeding
one hundred thousand dollars, and for every subsequent
offence to a fine of not less than one hundred thousand
dollars and not exceeding one million two hundred
thousand dollars.
13. (1) Notwithstanding anything in any written
law no person shall export from Guyana any old metal
except under the authority of a licence granted by the
Competent Authority.
(2) In this section “Competent Authority” has the
same meaning as in the Trade Act.
13A. (1) The Minister may by order prohibit all old
metal, or any specified kind or description of old metal,
from being shipped or otherwise exported from Guyana for
a specific period of time not exceeding one year, if the
Minister considers it necessary or expedient in the interest
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Offence to
export in
breach of
[2 of 2007]
of preventing or curbing any illegal activity.
(2) An order under subsection (1) has effect
notwithstanding—
(a) any licence, permit, approval,
permission, or other kind of consent
or authorisation issued or granted
under any written law;
(b) anything to the contrary in section
of this Act.
(3) No person shall ship or otherwise export from
Guyana any old metal in contravention of an order under
subsection (1).
13B. Every person who contravenes or fails to
shall on summary conviction be liable—
(a) for a first offence, to—
(i) a fine of not less than twenty
thousand dollars and not
exceeding one hundred
thousand dollars; and
(ii) imprisonment for a term not
exceeding 3 months;
(b) for every subsequent offence to—
(i) a fine of not less than one
hundred thousand dollars
and not exceeding one
million two hundred
thousand dollars; and
comply with section 13(1) or 13A (3) commits an offence and
12(l) (f) or 13 or any other provision
and 13A.
sections 13
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Purchase of less
than specified
quantity of
certain metals.
[27 of 1991
2 of 2007]
Second
Schedule.

Use as evidence
of extract from
register.
Regulations.
[2of 2007]
(ii) imprisonment for a term not
exceeding 1 year.
14. Any dealer who, either personally or by any
servant or agent, purchases, receives, or bargains for, any
metal, or any composite the principal ingredient of which is
that metal, mentioned in the Second Schedule, whether new
or old, in any quantity at one time of less weight than the
quantity of each of those metals or composites in the said
Schedule mentioned, shall be liable to a fine of one hundred
thousand dollars.
15. Any extract purporting to be an extract from a
register kept under this Act, and any certificate to the effect
that any person therein named is not registered in any
of those registers, if it purports to be signed by the
Commissioner of Police or any superintendent of police,
shall, without proof of the signature, be received in all
courts of justice as prima facie proof of the facts stated
therein.
15A. The Minister may subject to the negative
resolution of the National Assembly make regulations for all
or the following purposes—
(a) declaring any kind or description of
metal to be old metal for the
purposes of the definition of “old
metal” in section 2;
(b) increasing or reducing the annual
registration fee specified in section
6;
(c) amending any Schedule of this Act;
(d) providing for any other matters
necessary for giving full effect to the
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s. 5
s.11
provisions of this Act and for the
due administration of these
provisions.
FIRST SCHEDULE

FORMS
1
Register of Dealers in Old Metals
Name Place of abode and
business
Date of registration

2.
Entry of Purchase and Receipts of Old Metals
Name of
person who
purchased
or received
Name of
person from
purchased
or received
Business
and place of
abode of
person from
whom
purchased
or received
Description
and
quantity of
old metal
purchased
or received
Day of
purchase or
receipt, and
hour of day





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s. 6
3.
Entry of Sales of Old Metals
Name of
person to
whom sold.
Business and
place of
abode or of
business of
person to
whom sold.
Description and
quantity of
old metal
sold.
Day of sale.

4
Licence
...............................................having this day paid the sum of
one hundred thousand dollars is hereby registered and
licensed to deal in old metals at
.................................................................in accordance with the
provisions of the Old Metal Dealers Act, Cap. 91:08.
This licence expired on the 31st December 20.......
..................................................
Superintendent of Police
in charge of the county
of...............................................
Dated at this day of
20.............
__________

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s.15
SECOND SCHEDULE
METALS AND QUANTITIES
Lead, fifty-six pounds.
Copper, ten pounds.
Brass, ten pounds.
Tin, ten pounds. Pewter, ten pounds.
German silver or speller, one pound.
________________