JEWELLERS (LICENSING) ACT 1917 (REVISED - 2024)

Jewellers (Licensing) LAWS OF MALAYSIA Act 857 JEWELLERS (LICENSING) ACT 1917 (Revised—2024) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2024 1 2 Act 857 Laws of Malaysia JEWELLERS (LICENSING) ACT 1917 Revised up to … … … … 10 October 2024 Date of publication in the Gazette of this revised edition … … 14 October 2024 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 15 October 2024 First enacted in 1917 as Sabah Ordinance No. 8 of 1917 Previous Revision First Revision … … … … … 1953 (Cap. 66 w.e.f. 30 June 1953) Previous Reprint First Reprint … … … … … 1966 Jewellers (Licensing) 3 LAWS OF MALAYSIA Act 857 JEWELLERS (LICENSING) ACT 1917 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Licences 4. Issue and condition of licence 5. Police to inform jeweller of property lost, etc., and jeweller’s duty 6. Duty of jeweller in regard to suspected person 7. Power of police to enter and search 8. Jeweller may be ordered to restore jewellery to its lawful owner 9. Penalty for carrying on business without a licence 10. Rules Schedule 4 Laws of Malaysia Act 857 5 Jewellers (Licensing) LAWS OF MALAYSIA Act 857 JEWELLERS (LICENSING) ACT 1917 An Act to provide for the control of jewellers. [2 July 1917] Short title and application 1. (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. Interpretation 2. 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. 6 Laws of Malaysia Act 857 “Licensing Officer” means the officer in charge of the police district for the district in which the jeweller resides or carries on business. Licences 3. (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. Issue and condition of licence 4. (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. Police to inform jeweller of property lost, etc., and jeweller’s duty 5. (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. Jewellers (Licensing) 7 (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. Duty of jeweller in regard to suspected person 6. 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. Power of police to enter and search 7. 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. Jeweller may be ordered to restore jewellery to its lawful owner 8. 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. Penalty for carrying on business without a licence 9. (1) No person shall carry on a business as a jeweller unless licensed under this Act. 8 Laws of Malaysia Act 857 (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. Rules *10. 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. 9 Jewellers (Licensing) Schedule LICENCE UNDER SUBSECTION 3(1) OF THE JEWELLERS (LICENSING) ACT 1917 .............................................. 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 10 Act 857 Laws of Malaysia LAWS OF MALAYSIA Act 857 JEWELLERS (LICENSING) ACT 1917 (Revised—2024) Particulars under paragraphs 7(ii) and (iii) of the Revision of Laws Act 1968 [Act 1] LIST OF AMENDMENTS Amending law Short title In force from Sabah Ord. No. 5 of 1952 Unification of Laws Ordinance, 1952 23-10-1952 L.N. 89/1965 Modification of Laws (Jewellers) (Sabah) Order, 1965 18-03-1965 L.N. 199/1965 Modification of Laws (Declaration of Federal Present Laws) (Sabah) Order, 1965 16-09-1963 LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Title Sabah Cap. 66 Jewellers (Licensing) Ordinance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