(1) This Act may be cited as the Jewellers (Licensing) Act 1917.
*(2) This Act applies to Sabah and the Federal Territory of Labuan only.
Act 857
Jewellers (Licensing) Act 1917 (Revised - 2024)
AKTA PENJUAL BARANG KEMAS (PELESENAN) 1917 (DISEMAK - 2024)
An Act to provide for the control of jewellers.
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For the purposes of this Act—
“jeweller” means any person who for reward or profit—
(a) makes or repairs jewellery;
(b) alters or converts jewellery from one form to another;
(c) buys or sells or otherwise deals in gold, silver, or other precious metals or in articles made wholly or partly of such metals; or
(d) repairs clocks or watches;
“jewellery” means any article used or capable of being used in the opinion of the court for personal adornment and made partly or wholly of gold, silver or other precious metal;
*NOTE–This Act is applicable to Sabah and the Federal Territory of Labuan-see Unification of Laws Ordinance, 1952 [No. 5 of 1952] w.e.f. 23 October 1952.
“Licensing Officer” means the officer in charge of the police district for the district in which the jeweller resides or carries on business.
(1) All jewellers shall obtain from the Licensing Officer a licence in the form prescribed by the Schedule.
(2) The licence referred to in subsection (1) shall—
(a) be obtained annually;
(b) bear the date of issue; and
(c) remain in force until 31 December in each year.
(1) Subject to the order of the Minister, the Licensing Officer may issue licences to such persons in such localities upon payment of the prescribed fees and upon such terms as he may think fit.
(2) A separate licence shall be obtained by a jeweller for each jeweller’s shop kept by him.
(3) The Minister may order any licence granted under this section be revoked without assigning any reason for such order.
(1) The police shall, as soon as possible after any loss, theft or unlawful disposal of any property, provide to all jewellers the following:
(a) information as to the property lost, stolen or otherwise unlawfully disposed of; and
(b) list and description of the property lost, stolen or otherwise unlawfully disposed of.
(2) Any jeweller possessing or having been shown or offered any property under subsection (1) shall immediately provide the information of the property together with the name and address of the person or in default a description of the person having so shown or offered such property at the nearest police station or to any police officer.
Any jeweller having reasonable cause to suspect that a person offering any jewellery is not the lawful owner of the jewellery shall immediately arrest and detain the person together with the jewellery, and deliver the person and the jewellery to the nearest police officer.
Any police officer not below the rank of corporal may enter any jeweller’s shop at any time during the day and may search without warrant the house, shop or premises of such jeweller for any jewellery reasonably suspected to have been dishonestly obtained or placed in the house, shop or premises of such jeweller.
Offences against this Act may be tried before any Magistrates’ Court and the court may, on being satisfied that the jewellery found in the possession or care of any jeweller has been unlawfully obtained from the owner, order the jeweller to restore the jewellery to such owner without any payment made for the jewellery or upon such terms as the court may think just in the circumstances of each case.
(1) No person shall carry on a business as a jeweller unless licensed under this Act.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of five hundred ringgit and to imprisonment for six months.
The Minister may make rules for the following purposes:
(a) prescribing that registers be kept by jewellers in such form and giving all such particulars as the Minister may think fit;
(b) prescribing the fees to be paid under subsection 4(1);
(c) prescribing penalties for the breach of any rules; or
(d) generally for the better carrying out of the purposes of this Act.
*NOTE- See Jewellers (Licensing) Rules, Vol. V of 1953 Revised Edition, p. 264, as amended by No. S 44 of 1956.
Schedule
LICENCE UNDER SUBSECTION 3(1) OF THE
.............................................. residing at .......................................... in the district of ........................................................................... is licensed to carry on the business of a jeweller as defined by section 2 of the Act according to the provisions of this Act from ………………………….. until 31 December ...........
................................ Licensing Officer
(Revised—2024)
Cite this legislation
- Official citation
- Act 857
- Source
- lom.agc.gov.my
- Data synced
- Licence
- MY-CopyrightAct1987-s3-official-text-exclusion ↗
Jewellers (Licensing) Act 1917 (Revised - 2024) [Act 857] (lom.agc.gov.my, MY-CopyrightAct1987-s3-official-text-exclusion). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-857
This text is synced from lom.agc.gov.my. In case of any discrepancy, the authoritative text prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).