ARRANGEMENT OF SECTIONS
Licensing of Cutting Operations
3. Control of diamond cutting
4. Classification of licences
5. Duration of licences and fees payable
6. Application for licences
7. Grant or refusal of applications for licences
8. Issue of licence to a partnership, company or association of persons
9. Transfer of licence
10. Renewal of licences
12. Cancellation, suspension and renewal of licences
13. Return of cancelled or suspended licence
Provisions relating to Licensed Premises, Export, etc.
14. Acquisition of rough or uncut diamonds by licensee
15. Cutting in licensed premises
16. Removal or extension of licensee's place of business or work
17. Notes of sale, purchase, delivery and receipt
18. Alteration of cut or polished diamonds
19. Securing regular supply of diamonds for diamond cutting
20. Export, sale, delivery or disposal of unpolished diamonds
21. Export of cut or polished diamonds
22. Records to be kept by licensees
23. Approval of employees by Minister
24. Records of diamonds handled by employees
25. Notices to be posted by a licensee
26. Search by police
27. Power of certain persons to enter upon licensed premises, etc.
28. Unauthorized erection or operation of machinery
29. Preference for Botswana products, etc.
30. False statements
31. Falsifying records
32. Indemnity of officers, etc.
Act 25, 1979.
An Act to regulate the cutting, sawing, cleaving and polishing of rough and uncut diamonds and for other matters incidental thereto or connected therewith.
[Date of Commencement: 19th September, 1979]
Preliminary (ss 1-2)
This Act may be cited as the Diamond Cutting Act.
In this Act, unless the context otherwise requires-
"crushed diamond" means any part of a diamond which has been subjected to any of the operations of crushing;
"cut" includes sawing, cleaving, polishing or bruting of rough or uncut diamond or any operation which alters any rough or uncut diamond, and "diamond cutting" shall be construed accordingly;
"cut diamond" means a diamond on which the operation known as cutting has been completed;
"diamond dust" means dust resulting from any of the operations of diamond cutting or diamond crushing;
"fragment" means a part of a diamond separated from the main stone in the course of diamond cutting and of so irregular a shape and small a size as to be unsuitable for cutting;
"licence" means a licence issued under this Act;
"licensee" means a person to whom a licence has been issued;
"Mining Commissioner" means any person for the time being holding the public office of Mining Commissioner;
"partly manufactured diamond" means a diamond stone which has been subjected to one or more of the operations of diamond cutting, but not to the extent sufficient for it to be regarded in the diamond cutting industry as a fully cut and polished diamond;
"person" means a natural person;
"polished diamond" means a diamond which has been completely polished in accordance with the requisites of its class as recognized in the diamond cutting industry;
"rough or uncut diamond" means a diamond which has not been subjected to any of the operations of diamond cutting or altered in any other manner, and includes a crushed diamond, diamond dust, fragment or partly manufactured diamond, diamond powder and any rough or uncut synthetic diamond;
"unpolished diamond" means any diamond other than a polished diamond, and includes a partly manufactured diamond, fragment, diamond dust and a rough or uncut diamond.
Licensing of Cutting Operations (ss 3-13)
(1) No person shall cut any rough or uncut diamond unless he is-
(a) the holder of an appropriate licence prescribed by section 4; or
(b) an employee acting in the course of his employment with the holder of such a licence.
(2) Any person whose licence has been suspended under any provision of this Act shall during the period of such suspension be deemed not to be the holder of a licence.
(3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence.
Licences which may be issued under this Act shall be-
(a) a diamond cutter's licence which shall entitle the licensee to carry on diamond cutting for purposes of business or trade;
(b) a diamond research licence which shall entitle the licensee to conduct research into the physical properties of diamonds, the uses to which diamonds can be put and cognate matters, but shall not entitle the licensee to carry on diamond cutting for purposes of business or trade; or
(c) a diamond toolmaker's licence which shall entitle the licensee to set rough or uncut diamonds, not suitable for polishing, in tools or implements, or to crush or alter such diamonds for that purpose or for purposes of trade.
(1) A licence shall be issued for such period as the Minister may determine.
(2) There shall be due and payable to the Government by every holder of a licence an annual charge in such amount as the Minister may determine or as may be prescribed.
(3) The annual charge under subsection (2) shall be payable on the issue of a licence and thereafter annually on the anniversary thereof until the termination of such licence.
(1) An application for a licence shall be made to the Minister in the prescribed form.
(2) An applicant shall, in addition to completing an application form in accordance with subsection (1), furnish such other particulars in connection with his application as the Minister may require.
(3) The Minister may cause such investigation to be made or such negotiations or consultations to be carried on as he may deem necessary to enable him to decide whether or not to grant a licence.