CHAPTER 43:02
TRADE

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Application for Licence to Trade or do Business

 

   3.   Trade or business required to be licensed

 

   4.   Establishment of licensing committees

 

   5.   Disqualification for appointment as committee member

 

   6.   Vacation of office of member of committee

 

   7.   Removal and suspension from office by Minister

 

   8.   Filling of vacancies of committees

 

   8A.   Meetings and proceedings of licensing committee

 

   8B.   Secretariat

 

   8C.   Functions of Secretariat

 

   9.   Disclosure of interest

 

   9A.   Confidentiality

 

   9B.   Co-option of advisory personnel

 

   10.   Application for a licence

 

   11.   Licences to be issued under the Act

 

   12.   General principles affecting issue of licences

 

   13.   Issue and duration of licence

 

   14.   ...

 

   15.   Certain trades and businesses to be reserved for citizens

 

   16.   Proof of shareholding

 

   17.   Transfer of licence

 

   18.   Issue of a duplicate licence

 

   19.   Suspension of licence

 

   20.   Revocation of licence

 

   21.   Regional Appeals Board

 

   22.   Conversant person to manage in absence of licensee

 

   23.   Authorised officers

 

   24.   Environmental health officers may inspect premises

 

   25.   Breach of peace

 

 

 

PART III
General

 

   26.   Display of licence

 

   26A.   Minister's Powers

 

   27.   Exemption from Act

 

   28.   Restriction of licensee by other laws

 

   29.   Transitional provisions

 

   30.   Offences and penalties

 

   31.   Regulations

 

   32.   Repeal and savings

 

Act 5, 2004,
S.I. 21, 2008,
Act 1, 2011.

An Act to simplify trade licensing procedures; to empower a licensing committee in a council to issue trade licences within the council area; to provide for comprehensive regulation of trade and formatters incidental thereto.

[Date of Commencement: 1st April, 2008]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Trade Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "authorised officer" means a person so designated under section 23;

   "bulk" means quantities of goods as packaged by the manufacturer and not broken up into smaller quantities or single units, save that in the case of high value items such as fridges, furniture and bicycles, a wholesaler may sell an item in smaller quantities or single units;

   "council" means a city or town council established under the Townships Act or a district council established under the Local Government (District Councils) Act;

   "fronting" means obtaining a licence to enable another person, who would otherwise not qualify to obtain such a licence, to run a business;

   "licensee" means a person to whom a licence has been issued under this Act;

   "licensing committee" means a committee of a council established under section 4, which committee issues licences under section 11;

   "medium enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;

   "micro enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe;

   "register" means a register kept in accordance with section 11(b);

   "region" means an area made up of districts in the same geographical area;

   "sell" means to sell by retail or wholesale and includes to barter, exchange, offer or expose for sale;

   "small enterprise" means a business entity with such annual turnover and staff complement as the Minister may, by order published in the Gazette, prescribe; and

   "trade" means to carry on the business of selling goods or services;

PART II
Application for a Licence to Trade or do Business (ss 3-25)

 

3.   Trade or business required to be licensed

   (1) No person shall carry on any trade or business for which a licence is required under this Act, unless the person holds a licence authorising him to carry on such trade or business.

   (2) Subsection (1) shall not apply to a person who has been issued a hawker's registration certificate or a street vendor's certificate under any enactment authorising the person to carry on trade or business as a hawker or street vendor.

   (3) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding P10 000 or to imprisonment for a term not exceeding three years, or to both.

 

4.   Establishment of licensing committees

   (1) There is hereby established a licensing committee for each council, the members of which committee shall be appointed by the Minister.

   (2) Every committee shall consists of the following members-

 

   (a)   a senior officer of the council who shall not be below the rank of C1;

 

   (b)   a Commercial Officer from the council;

 

   (c)   a member of the private sector, who shall be Chairman;

 

   (d)   a Councillor; and

 

   (e)   a police officer of the rank of Sergeant or above.

   (3) A member of a committee shall hold office for such period as may be specified in the notice appointing him, which period shall not exceed three years.

   (4) A member of a committee may be re-appointed for a further term of office not exceeding three years.

   (5) Three quarters of the members of a committee shall form a quorum.

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