Trade Act No. 34 of 1958

1. Short title and commencement.

2. Interpretation.

3. Appointment of Competent Authority.

4. General functions of Competent Authority.

5. Control of imports, exports and prices.

6. Forfeiture of prohibited goods.

7. Power to authorise purchase_ sale, etc., of goods.

8. Grant f of import and export licences.

9. Of ences.

10. Restriction on disclosure of information.

11. 'rransitional provish"'ns a to xisting regulations anr:1 instruments.

12. Regulations.

13. Saving.

4. Repeal. 2 No. 34.] THE LAWS OF BRITISH GUIANA [A.D. 1958 AN ORDINANCE to provide for the maintenance and re�ulation of suppli!es and for other matters incidental thereto and con• nected therewith. A.D.1958. Enacted by the Legislature of Btitish Guiana:- Short title 1. This Orrlinance may ·be cited as the Trade Ordinance, and com­ 1958, and shall come into operation on such day as the Governor mencement. may by proclamation published in the Gazette appoint. Interpreta• 2. In this Ordinance unless the context otherwise tion. requires -- "the Competent uthority'' mell,ns the Competent Authority appointt3d under section 3 of this Ordin­ ance; ''export" means to take, or be concerned in taking out of British Guiana or the territorial waters thereof, and "exportation" shall be construed accordingly ; "gcods'' includes gooJs of every description, produce, wares, merchandise, substances. plants: animals and birds; "import" means to bring, or be concerned in bringing, into British Guiana or the territorial waters thereof, and "importation" shall bel construed accordingly. Appoint­ ment of

3. (1) The Governor may appoint a Competent Authority Competent for the pnrpo?es or this Ordimmce. Authority. (2) The Competent Authority may, with the approval of the Governor, delegate in writing all or any of his powers 1 duties or fnnctionf-; under the provisions of this Ordinance either generally, or in any area of Britjsh Guiana or during such times, or for such purposes as he may dire1ct, to any public officer, and · may at any time ,vith the approval of the Governor revoke or vary any such delegation. General 4. Without prejudice to the succeeding provisions of this functions of Ordinance it shall be the function 0f the Competent Authority to Competent Authority. recommend programmes for majntaining, controlling and regu­ lating supplies so as to - (a) secure a sufficiency of those essential to the well­ being of the: community, their equitable distribu­ tion and their ::iJvailabHity at fair prices ; (h) regulaite exports and imports in a manner calcu­ lated to serve the interest of the community ; and (c) ensure generally that the\ resources available to the community are used in a manner calculated to serve the interest of the community, and for the furtherance of those pnrposes the Competent Authority may recommend programmes for regulating or pro­ hibiting the importation, exportation, diErt.ribution, sale or pur­ chase of goods, or of any clasz or description of goods and for controlling the prices at which goorls or any class or description of goods may be sold. 3 A.D. 1958.] TRADE [No. 34

5. (J) The Governor in Council may by order provide Control of imports, ex­ (a) for prohibiting absolutely the importation or ex­ ports and portation of goods, or of any class or •1escrip:tion prices. of goods, from or to any country ; (bJ for vrohibiting the importation or exportation of goods, or of any class or rlescription of goods, from or to any country except under the authority of a licence granted by the Competent Authority ; (c) for regulating the purchase or sale of goods or any class or description of goods : (cl) for controlling the prtces at which goods, or any class Oi description of goods, may be sold, whether by whoJesale or retail. ( 2) .-\n order made under the provisions of this section may provide -- (a) for the entering and inspection of premises to which the order relates by any person specified in the order with a vie "','/ to securing compliance tlrnn�with ; (b) that persons carrying en or employed in connec-• tion with any trade or business shall produce to the Competent Authority or any person authorised in writing in that behalf Ly the Competent Authority such books: accounts or other documents relating to their nade or busine3s as the Competent Authority may require, and that snch persons shall furnish t0 th� Competent Authority such estimates, returns or information as the Competent .Authority may from. time to time require ; (c) for such supplementary and jncidental matters as may be necessary or expedient for the purpose of the order. (3) Any order made under the provisions 01 this section may be amended, varied or revoked as the Governor in Council sees fit. ( 4) Any person who commits a breach of any order made unde,r this section shall be guilty of an offence, and shall upon summary conviction there.0f be liable to a fine not exceed­ ing one thousand dollars, or to a term of imprisonment not exceeding twelve months, or to both such fine and imprison­ ment.

6. Where under any order made under the preceding For.feiture of section the importation of goods or of any class or description of prohibited goods. goods, from any country is prohibited except under the authority of a licence granted under the provisions of this Ordinance, any goods imported in breach of such prohibition shall be deemed to ·Je prohibited goods within the meaning of the Customs Ordin- Cap. 309. nce, which have been imported contrary to the prohibition ';ainst their importation, and the provisions of section 216 of • said Ordinance shall apply. 4 No, 04. ! 'THE LAWS OF BRJTISH GUIAN11 [A D. 1958 Power to 7. So far as it appears to the Covernor i n Com1eil 11eces­ authorise purehasE!, s;uy or PXJH:•dient for tlw purposes speclflc�fl in srcHon J of thiH Ordinanr·e, he may by onlpr authorise such person as may bc­ sale. etc., of goods. desie;uated in the order to Jmrchaf-ie. aequi re, sPll or otherwisr· dispose of, on hd1alf of t.he novernmenL such good(;' af may be HpeC'H1ed in Utt' crder, and make �uch provision for sud1 snpple­ ment:.u·y and inddeutal matters as may he necessary for t:he pur­ post• thereof. Grant of im­ 8. ( J) Wh,�rn any order made hy th0 f;overnor in CouHcil port and ex­ port ,rndPr i he !ffnvisions of SP.ction 5 of this Ordinance prnhibits the licenc:e;., imponati011 or exportation ol' any goods exr-Ppt muh\r the 1rn� thority or a l ic:ence granted h.v the Compeitent Authority, the CompetPnt :\uthority may, sub jeet ro the provisions of this sec!ion. grant or withhold lkrnce8 for tlw importation or, as Ihe em·,f' may hfl, r,xportation nf sud1 goods. ( '.2) .\ lkenee granted nnr!er this �ection (a) mny be either _:.(e·npral or limiti•d to a "'Pc<'ified pt�l'SOil; (h) may be absolute or eonditiomtJ: (c) nrny lie Jimited so as to ,::;xpil'f; on a speeifipfl date unless renewed ; and (d • ma�- be revoked hy the CompPt<?nt Authority if H iH i.n th<=> public interest so to do. (:.n The noverllOl' in C<'ll]l('i] may give rn tlJe Com }l'::'tf>llt .\utho1·Hy directions of a general charader as to UH• poJky to be fnHowed by him iu the exerei:,e of tlw performa11ec of his functions unde1· this i:t<:','.tion, and the Compet(')nt Au­ thol'it:v shall ad in twcm·dance with Rnd1 dire<'tionfl and not othe,r\"\ ise. 01lences. n. n) .Any pt:rson who (a) ('.Ol1trave11es Ot' hik to <.·om.ply with any term, condition� or n:.>stri<:tion of, or snhjf:d. to \Vhich. :rn.v lieene(� is g1·anted by the Competent -\nthorit,r 1.mdt:•1· sect ion 8 of this Ord inane•�, or ( h > iu or in connection with any book, a 1 ·(•01rnt or other document or an:y ostimate� return or infor­ matir,n whieh lw �s required to 1n·oduce or fun1isb to the Con11)ctent .Authority by virtue of any onlPr made mHler tlw provisions or this Ordiuance, ,yi1f111ly or t·ecklr!ssly gi-res any false or mislead­ ing information ,Jr rnak•.�s any false or misleading st:at<�nient, shall be guilty of a n offencP, �md shall b{� liable l i) on summary <·onvicti<HL to a fine not exceedjug fi ff:• hundred dolla 1.·s or L, imprisonment for a t{�l'lll 11ot exce�ding six month:. ; or t.o hoth sndt fine a11d i1:1prisonment; or {1i) 011 convidio1t on irnlkt111,•nt, to ;1 fine· rwt. ex.e,�e<' 111� two thousand d<)fl:H''"� ! or to imprisomwmt f a UJl'ut ot two }'ears, or to both such fine and i prisonment. A.D. 1958.] [No. 34 (2) vV here a body corporate is convi�ed of an offence 1�nder subsection ( 1) of this section or of a breach of any order made nndar this Ordinance, every person who at the time of the commission of the offence or breach was a director or officer of the body corporate shall be deemed to be guilty of the offence or breach unless he proves that it was committed without his knowledge or that he exercised all due diligence to prevent the commi8sion thereof. (3) \Vhere a person has been convicted of any such f>ffence or breach the Court before whom he is convicted may make such order as to the forfeiture or disposal of any goods in relation to which the offence or breach was committed as the Court thinks fit. ( 4) Any person who attempts to commit, or conspires with any other person to commit. or does any act preparatory to, or in any way aids and ab\�ts the commission of an offence nnder paragraph (a) of subsection (1) of this selction, shall' be guilty of an offence punishable in like manner as the said offence and the provisions of subsection (3) of this section shall apply in :the case of an of1ence, under this subsection as it applies in the case of an offence under paragraph (a) of sub­ section (1) of this section.

10. (1) No person who obtains information by virtue of Restriction the provisions of this Ordinance or of any order madel there­ on disclosure under shall disclose that information otherwise than in the dis­ of informa­ tion. charge of his functions under this Ordinance or under any such order, or for the purposef; of any criminal proceedings. (2) Any person who ccntravenes the provisions of this section shall be guilty of an offence and shall be llable - (a) on summary conviction, to a fine not exceeding five hundred dollars, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment; or (b) on conviction on indictment, to a fine not ex­ ceeding two thousand dollars, or to imprison­ mtint for a term of two years, or to both such fine and imprisonment . . (3) A prosecution for any offence under this section shall not be "instituted except with the sanction of the Attorney General.

11. Upc:u the expiry or revocation of regulation 4:4 of the Transitional Defence Regulations, 1939, after the coming into operation of provisions as to existing this Ordinance, all orders, licences, permits or other instru­ regulations ments of whatsoever nature made, issued or granted under or and �nstru­ hy virtue of the provisions of the said regulation 44 in relation ments. · o regulating or prohibiting the importation, exportation, dis- rilmtion, sale or purchase of goods, nr controlliug the prices 1t ·which goods may be �old shall, if in operation immediatelv before the expiry or revocation of the said regulation 44 be de med :to have been made, issued or granted under or by virtue 6 No. 34.] THE LAWS OF BRITISH GUIANA [A.D. 1958 of the provisions of this Ordinance relating to the making of orders or the granting of licences� as the case may be; and may_ accordingly be amended. cance11ed or revoked under or by virtue of the said provisions 'Jf this Ordinance, but shall con­ tinue in force until their expiry, or nntil they have been revoked or cancelled under or by virtue of the said provisions. Regulations. l '.!. The Governor in Council may make regulations generally for giving effect to lhe provisions of this Ordinance. Saving. 13. Nothin� in this Ordinance shall make it lawful to im-· port or export goods where such importation or exportation is unlawful under any other Ordinance at present in force or which may be enacted hereafter. Repeal. 14. The Food Prices Regulation Ordinance and the Sugar Cap. 123. (Reignlati.on of Priees) Ordinance are hereby repealed. Cap. 124. Passed by the Legislative Council this twenty-eighth day of November, nineteen hundred and fifty-eight. ak ��JI.� • ,.,Acting of the LegislatfjTe. (M.P. TI. 121 /104). (Leg. Bill 31/58). Printed by the G )V �rnment Printers of British Guiana.