COAL OWNERS (Protection) ORDINANCE

COAL OWNERS (PROTECTION)

CHAPTER 43

COAL OWNERS (Protection) ORDINANCE

To provide for the protection of owners of coal, stored or afloat in the

harbours.

(31st December, 1915) *

Enacted by ORDINANCE X of 1915, as amended by Ordinances VIII of

1916 and XIX of 1920; Act X of 1924; Ordinance XII of 1940; Legal Notice

4 of 1963; and Acts: XLIX of 1981 and VIII of 1990.

This Ordinance may be cited as the Coal Owners

(Protection) Ordinance.

(1) No person shall dredge for coal or other articles in any

harbour without a licence from the Commissioner of Police, or in

contravention of the conditions of such licence.

(2) Any such licence shall specify the time and place at which

dredging for coal or other articles is permitted, and shall contain

such other conditions as the Commissioner of Police may deem

expedient for the protection of owners of coal.

(3) Every such licence shall remain in force until the 31st

December of the year in which it is issued, unless it is previously

cancelled by the Commissioner of Police by order of the Minister

responsible for the Police.

(1) It shall be lawful for any Police officer to seize any

quantity of coal less than five tonnes in weight, in any case in

which there are grounds for suspecting that the possession of such

coal was acquired unlawfully.

(2) In any such case the coal and any boat or vehicle containing

the same shall be forfeited, unless the person claiming such coal,

on a summons issued against the Commissioner of Police, before

the Court of Magistrates, within seven days from the seizure,

proves to the satisfaction of that court that he is the lawful owner of

the coal, or that he came lawfully in possession thereof

Provided that, in default of such proof, any other person

who shall satisfy the Commissioner of Police that he is the lawful

owner or possessor of the coal seized as aforesaid, shall be entitled

to the restitution thereof.

(3) Any person acting in contravention of article 2 shall, on

conviction, be liable to the punishments established for

contraventions; and in any such case the court may also order the

forfeiture of the boat or other vehicle or of the implements made

use of in connection with such contravention.

*See Proclamation No. XVIII of 1915.

COAL OWNERS (PROTECTION)

(1) No person shall deal in coal without a licence from the

Commissioner of Police.

(2) Such licence shall remain in force until the 3lst December

of the year in which it is issued, unless it is previously cancelled by

the Commissioner of Police by order of the Minister responsible for

the Police.

(3) The Commissioner of Police shall have power to refuse

such licence to persons of suspected character.

(4) The licence shall specify the place in which the licensee

may carry on his trade, and shall contain such other conditions as

the Commissioner of Police may deem expedient to impose for the

protection of the owners of coal.

(5) The limitation of the areas in which licensed coal-dealers

shall be permitted to carry on their trade, shall be at the discretion

of the Commissioner of Police.

(1) Every such dealer shall have his name and surname,

together with the word “Coal-dealer”, painted distinctly on the

front of his warehouse, shop or other place of business.

(2) He must also keep books in which he shall duly enter any

coal purchased or otherwise received by him, the name of the

sellers or other persons from whom he obtained the same and their

place of abode.

(3) Any Police officer may at any time enter any shop or

warehouse kept by any coal-dealer and inspect the things existing

therein and the books referred to in subarticle (2).

(1) Every licensed coal-dealer shall, moreover, comply

with the following rules

(a) he shall not purchase or otherwise receive any coal

from any person of suspected character who is unable

to prove satisfactorily how he came into possession of

such coal;

(b) he shall not purchase or otherwise receive or sell any

coal before eight o’clock in the morning or after

sunset;

(c) he shall give to any Police officer, whenever requested

to do so, an account of any coal sold or disposed of by

him, stating the name and other particulars of the

person to whom he sold or otherwise transferred such

coal;

(d) he shall, without delay, give notice to the Police, of

any coal offered to him, which he has reasonable

grounds to suspect to have been improperly obtained;

(e) he shall not sell or otherwise dispose of any coal

purchased or received by him, before the lapse of forty

COAL OWNERS (PROTECTION)

eight hours from the time when it came into his

possession, unless he has obtained permission so to do

from the Commissioner of Police.

(2) The provisions of paragraphs of article (1)(a) and (b) of

shall apply to any person to whom any coal is offered, whatever his

trade or business may be.

(1) Any person who contravenes the provisions of articles

4, 5 and 6 shall, on conviction by the Court of Magistrates, be

liable to the punishments established in the Criminal Code, for

contraventions

Provided that if, in the opinion of the court, the offence

deserves a higher punishment, the court may apply such

punishments cumulatively, or may award a fine (multa) or sentence

the offender to imprisonment for a term not exceeding one month.

(2) Where any person is convicted of any offence under articles

4, 5 and 6, the coal in respect of which the offence was committed

shall be forfeited

Provided that any person, other than the offender, who shall

satisfy the Commissioner of Police that he is the lawful owner or

possessor of the coal seized, shall be entitled to the restitution

thereof.

For the purposes of articles 4, 5 and 6, the expression

“coal-dealer” shall mean any person who, not being a regular coal-

importer, trades in coal.

Nothing in this Ordinance shall affect any other provision

of law in force relating to fishing.