CHAPTER 66:03
PRECIOUS AND SEMI-PRECIOUS STONES (PROTECTION)

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Discovery of Precious Stones and Offences in Connection
Therewith

   3.   Duty of holder of prospecting right to report discovery of precious stones

   4.   Penalty for making false declaration of discovery of precious stones

   5.   Placing of precious stones in place where not naturally found

PART III
Dealing in Precious Stones

   6.   Prohibition on unlawful dealings in and possession of rough or uncut precious stones

   7.   Prohibition against purchase from or sale to unauthorized persons

   8.   Issue of precious stone dealers' licences

   9.   False statement by applicant for licence or permit

   10. to 11.   ......

   12.   Licensed dealer to have place of business and dealings to be confined to such place

   13.   Removal or extension of licensed dealer's place of business

   14.   Where certain persons may sell or dispose of precious stones

   15.   Notes of sale and purchase

   16.   Persons dealing in rough or uncut precious stones to keep register of transactions

   17.   ......

   18.   Powers of police to search for rough or uncut precious stones

   19.   Powers of police concerning parcels and packages containing precious stones transmitted by post

   20.   Powers of Minister to cancel precious stone dealers' licence

   21.   Precious stones found or picked up by chance to be delivered to police in certain circumstances

   22.   Evidence in proceedings under this Part

   23.   Forfeiture of licence or permit in case of conviction

   24.   Disposal of precious stones in case of conviction and forfeiture of moneys, etc. in certain circumstances

PART IV
Precious Stones Protection Areas and Precious Stones Security
Areas

   25.   Precious stones protection areas

   26.   Precious stones security areas

PART V
Dealing in Semi-Precious Stones

   27.   Prohibition of unlicensed trading in semi-precious stones

   28.   Application for semi-precious stones dealer's licence

   29.   Semi-precious stones dealer's licence may be issued subject to conditions

   30.   Validity and renewal of semi-precious stones dealer's licence

   31.   Semi-precious stones dealer's licence fee

   32.   Sale to be by wholesale only

   33.   Semi-precious stones dealers to render returns

   34.   Royalty on sales of semi-precious stones

   35.   Cancellation of semi-precious stones dealer's licence

   36.   Offences under this Part

PART VI
Miscellaneous

   37.   Search of persons and things

   38.   Regulations

Act 3, 1969,
Act 45, 1970,
Act 36, 1973,
Act 42, 1977,
Act 36, 1978,
Act 14, 1981,
S.I. 105, 1982,
Act 4, 1991,
Act 16, 2005.

An Act to provide for the protection of the precious stones industry and regulation of dealings in precious stones and semi-precious stones.

[Date of Commencement: 14th February, 1969]

PART I
Preliminary
(ss 1-2)

1.   Short title

   This Act may be cited as the Precious and Semi-Precious Stones (Protection) Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "fragment" means a part of a precious stone separated from the main stone in the course of precious stone cutting and of so irregular a shape and small a size as to be unsuitable for sawing, cutting or polishing;

   "mining area" means the land subject to a mining lease;

   "mining lease" means a right to mine acquired under Part VI of the Mines and Minerals Act;

   "partly manufactured precious stone" means a precious stone which has been subject to one or more of the operations of precious stone cutting, but not to the extent sufficient for it to be regarded by the precious stones cutting industry as a polished precious stone;

   "precious stone" means a diamond or any other substance declared by regulations to be a precious stone for the purposes of this Act;

   "precious stones dealer" means the holder of a current precious stones dealer's licence issued under section 8;

   "producer", in relation to precious stones, means a person who wins precious stones from land where he is lawfully entitled to prospect or mine for precious stones;

   "prospecting area" means the land subject to a prospecting licence;

   "prospecting licence" means a right to prospect acquired under Part V of the Mines and Minerals Act;

   "rough or uncut precious stone" includes any crushed precious stone, precious stone dust, fragment or partly manufactured precious stone, precious stone powder and any rough or uncut synthetic precious stone;

   "search" includes search by means of X-ray apparatus;

   "semi-precious stone" means any substance declared by regulations to be a semi-precious stone for the purposes of this Act;

   "semi-precious stones dealer" means the holder of a current semi-precious stones dealer's licence issued under section 28.

PART II
Discovery of Precious Stones and Offences in connection therewith
(ss 3-5)

3.   Duty of holder of prospecting right to report discovery of precious stones

   (1) The holder of a prospecting licence who has discovered precious stones shall forthwith give written notice of his discovery to the Minister through the Director of Geological Survey and shall thereafter transmit to the Minister through the Director of Geological Survey, within seven days after the last day of every month, or at such shorter intervals as the Minister may in writing direct, a declaration in the prescribed form setting forth the weight and estimated value of the precious stones found, the extent of the ground worked and such other information as may be prescribed.

   (2) The holder of a prospecting licence shall, on being required to do so by a police officer of or above the rank of Inspector or by a person authorized by the Minister in writing to make such a requirement, produce for inspection by that police officer or person so authorized a copy of any declaration such as is referred to in subsection (1) together with the precious stones referred to therein or records of their disposal.

   (3) Any such holder who fails to comply with any provision of this section, or, in any declaration under subsection (1) makes a statement which is false in any material particular knowing the same to be false, shall be guilty of an offence and liable to a fine not exceeding P100, or in default of payment to imprisonment for a term not exceeding six months.

   (4) If the holder of a prospecting licence is convicted of such an offence the Minister may declare forfeited any rights which may have accrued to such holder under the Mines and Minerals Act, in respect of the discovery of precious stones on the land in question or any rights that may have been granted to him in consequence of any such false declaration.

4.   Penalty for making false declaration of discovery of precious stones

   Any person who makes any declaration of discovery of precious stones under this Part well knowing that the precious stones declared to have been found were by himself or by some other person placed or deposited in or on the place or in the soil or rock dug out or removed from the place in which the declarant was prospecting, or who makes a declaration of discovery of precious stones well knowing that they did not naturally exist in or on the place or in the soil or rock where they were declared to have been found or discovered, or who makes any such declaration well knowing that the said precious stones were not found or discovered at or near the place where they were declared to have been found or discovered, shall be guilty of an offence and liable to the penalties prescribed by law for the crime of perjury, and all rights acquired by him in consequence of any such declaration of discovery shall lapse.

5.   Placing of precious stones in place where not naturally found

   (1) Any person who wilfully places or deposits or is accessory to the wilful placing or depositing of any precious stones in any place, with intent to persuade or induce any person to make a declaration of discovery of precious stones or to create the impression that precious stones occur in payable quantities in any place where precious stones have been or may be declared to have been found, shall be guilty of an offence and liable to imprisonment for a term not exceeding seven years.

   (2) Wherever in any charge in respect of an offence under subsection (1) the accused is proved to have placed or deposited or to have been accessory to the placing or depositing of precious stones in any place where the finding thereof would be likely to lead any person to make a declaration of the finding of the same or would tend to mislead any person, the accused shall, unless the contrary is proved, be deemed to have placed or deposited such stone in such place with the intent mentioned in that subsection.

PART III
Dealing in Precious Stones
(ss 6-24)

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