Goldsmiths and Gold Hawkers Law

GOLDSMITHS AND GOLD HAWKERS LAW

1. Citation This Law may be cited as the Goldsmiths and Gold Hawkers Law.

2. Interpretation. In this Law, unless the context otherwise requires- "authorised employee" means an employee who is deemed by virtue of section 8 (5) to be an authorised employee; "council" means local government council established under the Constitution of the Federal Republic of Nigeria; "gold hawker" means a person who hawks articles manufactured of gold; "goldsmith" means any person who makes articles or parts of articles either wholly or in part of gold but does not include a person who is registered or licenced as a dentist under the Medical and Dental Practitioners Act, 1963, in respect of articles made in his professional capacity; [LFN 1990, Cap. 221.] "licence" includes a goldsmith’s licence and a gold hawker’s licence; "prescribed form" means the appropriate, form prescribed in this Law or in any regulations made under section 17; "raw gold" means gold in the raw state, and includes unrefined gold, amalgam, slimes and scrapings and smelted gold which is not manufactured into any article of commerce and also gold sheet, gold wire and gold bars; "State" means Delta State of Nigeria.

3. Goldsmith not to carry on business without a licence. (1) No person shall carry on the business of a goldsmith unless he has obtained a goldsmith?s licence under this Law. (2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine of one hundred thousand naira or to imprisonment for two years or to both.

4. Goldsmith’s licence. (1) Application for a goldsmith’s licence shall be made to the secretary of the Council within whose area of authority the business premises of the applicant are situated and shall be in the appropriate form set out in the First Schedule to this law. [Form A. First Schedule.] (2) The secretary of the appropriate Council shall, if satisfied that the application is in order grant a goldsmith’s licence to the applicant and such licence shall specify, the name, residence and place of business premises specified therein and shall be in the appropriate forth set out in the First Schedule to this Law. [Form B. Second Schedule.] (3) A goldsmith may carry on business at one or more premises but a separate goldsmith’s licence shall be obtained in respect of each such business premises. (4) A goldsmith’s licence shall not be assignable or transferable and shall not confer any right upon any person by reason of his being the executor or administrator of the person to whom such licence was granted. (5) Fees - The appropriate fee specified in the Second Schedule to this Law (shall be paid on the issue of each, first goldsmith’s licence and in respect of each renewal and a goldsmith's licence shall unless forfeited in accordance with section 14, continue in force for one year from the date of issue or renewal. [Second Schedule.]

5. Duty of goldsmith to display signboard at business premises. A goldsmith shall keep a signboard suspended or fixed on the outside of the licenced premises inscribed in legible letters with his name and the description ?"LICENCED GOLDSMITH No.......?" in letters and figures not less than 7.6 centimeters high.

6. Receipt to be obtained and kept by goldsmith. (1) A goldsmith shall ‘obtain and keep within the licenced premise proper receipts for all sums paid for any gold, raw gold, or article or matter containing gold purchased by him or on his behalf for the purposes of his business. (2) Every such receipt shall be produced by the goldsmith or any authorised employee on demand for inspection by any officer of the Mines Department, or any police officer. (3) A goldsmith shall retain for five years every receipt obtained under the provisions of this section.

7. Receipt to be given by goldsmith. (1) A goldsmith shall issue a receipt to any person who has deposited with him or purchased from him in the course of business any gold, raw gold or article or matter containing gold. (2) Any such receipt shall be as nearly as circumstances permit in the appropriate form as set out in the First Schedule to this Law and such receipt may be given by any authorised employee. (3) A goldsmith shall retain for five years the duplicate of every receipt given under the provisions of this section.

8. Apprentices and authorised employees. (1) No goldsmith shall have more than three apprentices at one and the same time and all such apprentices shall be employed under the provisions of an apprenticeship contract in accordance with the provisions of Part III of the Labour Act. [No. 21 of 1974.] (2) The name and particulars of each apprentice shall, at the request of his employer be entered by the secretary of the appropriate council on his employer’s licence or on the renewal thereof. [LFN 1990, Cap. 198.] (3) The name and particulars of every person employed by a goldsmith to work shall, at the request of the goldsmith, be entered by the secretary of the appropriate council on the goldsmith’s licence or on the renewal thereof. (4) A goldsmith shall not employ in connection with his business as a goldsmith any apprentice or other person whose name and particulars do not appear on the goldsmith’s licence or the renewal thereof and, if during the currency of any such licence or renewal any change is to be made in the persons employed by him as apprentices or otherwise, the names and other particulars in triplicate of the persons to be employed shall be given to the secretary of the council who issued the licence and the licence renewal shall be produced to the secretary and shall be altered accordingly. (5) Any employee whose name appears on the goldsmith’s licence or on the renewal issued in respect of any licenced premises shall be deemed to be an authorised employee for the purposes of this Law for those licenced premises.

9. Gold hawkers. No person shall hawk articles manufactured of gold unless he has obtained a gold hawker’s licence.

10. Gold hawker’s licence. (1) Application for a gold hawker’s licence shall be made to the appropriate council within whose area of authority the applicant is residing at the time of the application and shall be in the appropriate form as set out in the First Schedule to this Law. [Form O. First Schedule.] (2) The secretary of the appropriate council shall, if satisfied that the application is in order, grant a gold hawker’s licence to the applicant. (3) Fees - The appropriate fee specified in the Second Schedule to this Law shall be paid on the issue of a gold hawker’s licence, and the licence shall, unless forfeited in accordance with section 14, continue in force for one year and shall have effect throughout the State. [Second Schedule.] (4) A gold hawker’s licence shall be in the appropriate form set out in the First Schedule to this Law and shall not be transferable. [Form E. First Schedule.]

11. Possession of raw gold, etc., by gold hawkers not authorised. Nothing in this law shall be deemed to authorise any gold hawker to have oy keep in his possession or under his control any raw gold.

12. Supplying false informationor particulars for purpose ofobtaining a licence, etc. Any person who, for the purpose of obtaining, or continuing to do business under a licence or renewal thereof, supplies (whether at the request of any person or not and whether orally or in writing of in the prescribed form or not) any information or particulars which he knows or has reason to believe are false or which he does not believe to be true, shall be guilty of an offence.

13. Application not to be granted if applicant disqualified by conviction under certain enactments. (1) An application for the grant or renewal of a licence under this Law shall not be granted by the secretary of a council if the applicant for the grant or renewal of the licence has, within two years of his application, been convicted for an offence involving dishonesty or for an offence against this Law or against any enactment specified in the Third Schedule. (2) Any licence granted or renewed in contravention of subsection of this section shall be null and void. [Third Schedule.]

14. Forfeiture of licence. A licence shall be forfeited upon the conviction of the holder for an offence involving dishonesty or for an offence against this Law or against any enactment specified in the Third Schedule, and such licence shall be deemed to be null and void as from the date of the conviction if there is no appeal, and if there is an appeal upon the date of the final judgment or order dismissing the appeal. [Third Schedule.]

15. Functions conferred on federal officers. The function conferred by this Law upon officers of the Mines Department and upon police officers shall not be exercisable by them unless and until the President has given his consent to the exercise of those functions by them.

16. Offences and general penalty. Any person who contravenes or fails to comply with, or commits any offence against, the provisions of section 5 or 6, subsection (1) or (3) of section 7, subsection (1) or (4) of section 8, section 9 or section 12 shall be liable on conviction to a fine of fifty thousand naira or to imprisonment for one year or to both.

17. Power to make regulations and orders. (1) The Executive Council may make regulations- (a) for the purpose of further securing the effective control of the business of goldsmiths and gold hawkers and the prevention of improper or illegal use of gold, raw gold and other matter containing gold; (b) prescribing fees in relation to any matter for which provision is made in such regulations; or (c) generally for carrying into effect the provisions and purposes of this Law. (2) Amendment of Schedules - The Executive Council may, by order, amend or vary any of the Schedules to this Law. Schedule 1 GOLDSMITHS AND GOLD HAWKERS LAW FORM A GOLDSMITHS AND GOLD HAWKERS LAW [Section 4.] Application for the Issue or Renewal of a Goldsmith's Licence Serial number of application ...................................................................................... (to be filled in by the Secretary of the Council)

1. Full name of applicant.............................................

2. Age of applicant ...................................................... 3 (a) Full address of the premises for which the licence is desired ......................... (b) Full address of residence of applicant..................................

4. (a) Whether applicant has previously made an application for goldsmith's licence; ................................................. (b) and if so, whether any such application has been refused...............

5. If the application is for renewal, the number of the existing licence..................

6. The full names and full addresses of all - (a) indentured apprentices.......................................... (b)employees at the time of application............................

7.(a) Whether the applicant has ever been convicted of an offence involving dishonesty or of an offence against the Goldsmith and Gold Hawkers Law, the Gold Trading Act, or the Mineral Act, and if so............................................................................... [Cap. 60 F & L1958, Caps 79 and 121. LFN 1990, Caps. 163 and 226] (b) the place and date of the conviction, the nature of the offence and the penalty imposed .................... ........... ............................ ......................................... Date Signature of Applicant FORM B GOLDSMITHS AND GOLD HAWKERS LAW [Section 4.] Goldsmith's Licence No.: ..................... Licence is hereby granted/renewed to (full name).....................of (full address of residence); ................................ at........................................................................... (indicate and described premises by full particulars of name, situation or other means of identification) EMPLOYEES Name Full Address Date engaged if not employed at time of application for licence ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. ............................................. APPRENTICE Name Full Address Date of indenture ............................................. ............................................. ............................................ ............................................. ............................................. ............................................ ............................................. ............................................. ............................................ ............................................. ............................................. ............................................ DATED............... at ..........this......................20.................. This licence will expire on the......... day of............. 20............... Secretary...................Council FORM C GOLDSMITHS AND GOLD HAWKERS LAW [Section 7.] Receipt for Article Containing Gold Deposited for Repair or Alteration or for Sums Received on Sale of Article Serial No......................................................... Received from (full name) .......................................... residing at (full address) ........................................... the following article/articles raw gold* deposited for the purpose of repair/alteration*, etc., the sum of..............for ...............purchased from me, Licenced Goldsmith No. ...........................Description.................... Troy weight..............kg.............g Date............................... Signature....................... Licenced Goldsmith THIS RECEIPT TO BE IN DUPLICATE *Delete the words which are not applicable to any particular transaction FORM D GQLDSMITHS'AND GOLD HAWKERS LAW [Section 10.] Application for Goldhawker's Licence

1.Full name of applicant................... ....................

2. Residence ................... ......................

3. Age of applicant......................... .......................

4. Whether applicant has ever been convicted of an offence involving dishonesty or of an offence against the Goldsmiths and Gold Hawkers Law, the Gold Trading Act, or the Minerals Act............................... ........................... [Cap 60. F and L1958, Caps. 76 and 121. LFN1990, Cap. 226.] Date ....................... Signature of applicant................... FORM E GOLDSMITHS AND GOLD HAWKERS LAW [Section 10.] GoldHawker's Licence Licence is hereby granted to ...... .............. of ........................... to hawk manufactured of gold. This licence will expire on the.................... day of................. 20........... DATED at......................... this........................................ day of................20....... Secretary....................................Council Schedule 2 GOLDSMITHS AND GOLD HAWKERS LAW [Sections 4 and 10.] Fees N :k Goldsmith's Licence (first) 2,000.00 Goldsmith's Licence (renewal) 1,000.00 Gold Hawker's Licence 500.00 Schedule 3 GOLDSMITHS AND GOLD HAWKERS LAW Enactments Referred to in Sections 13 And 14 The Gold Trading Act [LFN 1990.] The Mineral Act