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GOLD MINING PRODUCTS PROTECTION,
1951 (CAP 149)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Short Title and Application.
2. Interpretation.
3. Dealing in Gold Mining Products
Prohibited.
4. Restriction on Imported Gold.
5. Business of a Goldsmith not to
be Carried on without a Licence.
6. Power of Search in Premises of
Goldsmith.
7. Power of Court to Revoke
Goldsmith's Licence on Conviction.
8. Purchases and Sales by Banks of
Gold Mining Products.
9. Gold Security Permit.
SCHEDULE—FORMS OF LICENCE.
Form A—Goldsmith's licence
Form B—Goldsmith's hawking
licence.
Form C—Gold security permit
register.
CHAPTER 149
(Gold Coast)
McCarthy Cap. 126. Ordinances
Nos. 1 of 1909, 2 of 1910, 2 of
1923, 30 of 1923, 14 of 1926, 29
of 1927, 18 of 1929, 3 of 1932, 30
of 1935, 15 of 1938, 48 of 1940,
16 of 1942, 4 of 1947.
AN ORDINANCE TO PROVIDE FOR THE
MORE EFFECTUAL PREVENTION OF
ILLICIT DEALINGS IN THE PRODUCTS
OF GOLD MINES.
Date of Commencement: [15th
February, 1909].
Section 1—Short Title and
Application.
This Ordinance may be cited as
"The Gold Mining Products
Protection Ordinance," and shall
apply to the Gold Coast. (30 of
1935, s.2.)
Section 2—Interpretation.
In this Ordinance, unless the
context otherwise requires—
Competent Police Authority.
"Competent police authority"
includes all police officers
authorised by the Commissioner of
Police to issue licences under
section 5; (Added by 2 of 1923,
s.2.)
Gold Mining Product.
"Gold mining product" means a
product obtained by gold mining or
gold dredging worked according to
European methods, and includes
gold, gold bullion, retorted gold,
gold ore, gold amalgam, gold
alloy, precipitates containing
gold, slag, concentrates,
tailings, and residues, but not
native gold, coin, or articles
manufactured of gold;
Goldsmith.
"Goldsmith" means (save as
provided in section 8) a worker or
dealer in gold which is not a gold
mining product and a seller of
articles manufactured of gold;
(Amended by 14 of 1926, s.2.)
Imported Gold.
"Imported gold" means any gold
imported into the Gold Coast, but
does not include gold jewellery;
(Added by 4 of 1947, s.2.)
Minister.
"Minister" means the Minister
responsible for Police;
Native Gold.
"Native gold" means gold obtained
by washing or mining according to
native methods.
Section 3—Dealing in Gold Mining
Products Prohibited.
(1) No person shall, without the
consent of the Minister in
writing, deal in or purchase any
gold mining product: Provided
that this section shall not apply
to gold mining products passing
under an assignment or transfer by
a concession holder of his
concession or any part thereof.
Penalties for Illicit Dealing.
Forfeitures.
(2) Any person contravening
subsection (1), and any person
found in possession of any gold
reasonably suspected of being a
gold mining product who does not
prove to the satisfaction of the
Court that he obtained the same in
a lawful manner, shall be liable
on a first conviction to a fine
not exceeding two hundred pounds
or to imprisonment with or without
hard labour for a period not
exceeding two years, or to both,
and on every subsequent conviction
to a fine not exceeding five
hundred pounds or to imprisonment
with or without hard labour for a
period not exceeding five years,
or to both, and the gold mining
product unlawfully dealt in,
purchased, or obtained shall be
forfeited unless within six months
from the date of conviction any
person shall apply for the
restoration thereof and shall
prove to the satisfaction of a
Divisional Court that he is the
owner or lawfully entitled to the
custody or possession thereof.
(Amended by 15 of 1938, s.2.)
Limits of Jurisdiction.
(3) The jurisdiction conferred by
subsection (2) upon the Divisional
Court may be exercised by a
Magistrate: Provided that no
Magistrate shall in any such case
impose a fine of more than fifty
pounds or a sentence of
imprisonment exceeding six months
with or without hard labour. Where
such jurisdiction is exercised by
a District Magistrate, the
aforesaid limits shall be raised
to one hundred pounds and twelve
months imprisonment with or
without hard labour respectively.
(Added by 18 of 1929, s.2, and
amended by 30 of 1935, s.2.)
Disposal of Forfeitures.
(4) All forfeited gold mining
products shall be disposed of for
the benefit of the public revenue
as the Minister may direct.
Offences by Employees.
(5) Dealing in or purchasing or
possession by an employee in the
service of a goldsmith shall prima
facie also be deemed to be dealing
in or purchasing or possession by
such goldsmith, proof whereof to
the contrary shall lie on the said
goldsmith. (Substituted by 2 of
1910, s.2.)
Section 4—Restriction on Imported
Gold.
(1) No person shall sell or
attempt to sell either by himself
or by anyone in his service or on
his behalf any imported gold
except with the consent of the
Minister in writing first had and
obtained.
(2) Any police officer being not
below the rank of Assistant
Superintendent of Police may, in
his discretion, upon due
application being made to him by a
goldsmith, issue to him a permit
to purchase imported gold
(hereinafter called a permit), and
such permit shall be subject to
such conditions as may be endorsed
thereon.
(3) No person shall either by
himself or by anyone in his
service or on his behalf purchase
or attempt to purchase any
imported gold unless he shall have
first obtained a permit.
(4) Any person contravening the
provisions of subsections (1), (2)
and (3) of this section, and any
person found in possession of any
imported gold without the consent
of the Minister in writing to sell
imported gold, or a permit to
purchase the same, and who does
not prove to the satisfaction of
the court that he was in
possession of the same before the
coming into operation of this
Ordinance, shall be liable on
conviction to a fine not exceeding
two hundred pounds or to
imprisonment for a period not
exceeding two years or to both
such fine and imprisonment and the
imported gold shall be forfeited
and shall be dealt with as
provided in subsection (4) of
section 3 of this Ordinance.
(5) For the purposes of this
section all gold other than gold
jewellery shall be deemed to be
imported gold, proof whereof to
the contrary shall lie on the
person selling, purchasing or in
whose possession such gold is
found. (Section added by 4 of
1947, s.3.)
Section 5—Business of a Goldsmith
not to be Carried on Without a
Licence.
(1) No person shall carry on the
business of a goldsmith unless he
shall first have obtained a
licence as hereinafter provided.
Goldsmith's Licence.
(2) Licences, other than hawking
licences, shall be granted by the
competent police authority for the
district in which the business
premises of the goldsmith are
situated, and shall specify the
name, residence and business
premises of such goldsmith, and
every such licence shall only have
effect in respect of the premises
therein named. (Amended by 2 of
1923, s.3.)
Hawking Licence.
(3) Hawking licences shall be
granted by the competent police
authority for the district in
which the hawker resides, and
shall specify the name and
residence of the hawker, and every
such licence shall have effect
throughout the Gold Coast.
(Amended by 2 of 1910, s.3; 2 of
1923, s.3; and 35 of 1935, s.2.)
Licence Fees.
(4) The fee for a goldsmith’s
licence shall be:
(a) ¢1,000,000 and ¢100,000 for a
medium scale industry and a
traditional goldsmith respectively
for first registration;
(b) ¢500,000 and ¢100,000 for a
medium scale industry and
traditional goldsmith respectively
for annual renewal of the licence
which shall be on the 31st
December.
[As substituted by the Gold Mining
Products Protection Ordinance
(Amendment) Act, 2001 (Act 608) s.
1]
Forms of Licences.
Schedule.
(5) Licences shall be in the form
set forth in the Schedule or as
near thereto as possible.
Penalties for Illicit Trading.
(6) Any person carrying on the
business of a goldsmith without
the licence hereinbefore
prescribed, or, being the holder
of a licence, otherwise than in
accordance with the terms of his
licence, shall be liable on
conviction to a fine not exceeding
fifty pounds or to imprisonment
with or without hard labour for a
period not exceeding six months,
or to both.
Refusal of Licence.
(7) The competent police authority
may refuse to grant a licence, but
it shall be lawful for the
Minister nevertheless on petition
by the applicant to direct a
licence to be granted. (Amended
by 2 of 1923, s.3.)
Duties of Licensee.
(8) Every holder of a licence,
other than a hawking licence,
shall keep suspended or fixed on
the outside of the licensed
premises a sign-board inscribed in
legible letters with his name and
the words "licensed goldsmith,"
and every holder of a hawking
licence shall produce his licence
when required so to do by any
person in the service of the
Government, and any person
contravening this subsection shall
be liable on a first conviction to
a fine not exceeding ten pounds,
and on a subsequent conviction,
in addition to have his licence
forfeited.
Separate Licences for Different
Districts.
(9) Nothing in this section
contained shall be deemed to
prevent a goldsmith from carrying
on his business at more than one
place or from trading in different
districts, provided that separate
licences be obtained.
Section 6—Power of Search in
Premises of Goldsmith.
A
Provincial or District
Commissioner or any officer
authorised by one of them in
writing, or any member of the
police force not being under the
rank of Sub-Inspector, may at any
time between the hours of 6 a.m.
and 6 p.m., search the premises or
residence or stock-in-trade of any
goldsmith for gold mining
products, and any person
obstructing such Commissioner,
officer, or member of the police
force in the execution of the
power conferred on him shall be
liable on conviction to a fine not
exceeding twenty-five pounds or to
imprisonment with or without hard
labour for a period not exceeding
three months, or to both, and if
the holder of a licence shall
forfeit the same. (Amended by 30
of 1935, s.2.)
Section 7—Power of Court to Revoke
Goldsmith's Licence on Conviction.
Any Court before which a holder of
a goldsmith's or hawker's licence
is convicted of any offence under
this Ordinance or of any offence
involving dishonesty in relation
to his business, may, subject to
the provisions of section 5 (8),
order such licence to be revoked.
(Added by 48 of 1940, s.2.)
Section 8—Purchases and Sales by
Banks of Gold Mining Products.
(1) Anything hereinabove in this
Ordinance to the contrary
contained notwithstanding, it
shall, subject to the provisions
of any regulation made under
subsection (4) of this section, be
lawful for the Bank of British
West Africa, Limited, and for
Barclays Bank (Dominion, Colonial
and Overseas) to purchase gold
mining products from any company
engaged in the gold mining
industry in the Gold Coast; and it
shall be lawful for either of the
said banks to sell any gold mining
product so purchased as aforesaid
to any goldsmith who shall hold a
valid licence granted under
section 5 and who shall produce to
the bank an appropriate permit
under the hand of a police officer
not below the rank of Assistant
Superintendent of Police or (while
on probation) Police Cadet and
granted to him by such police
officer authorising him to
purchase gold mining products
under the provisions of this
section. (Amended by 29 of 1927,
and 30 of 1935, s.2.)
(2) No purchase or sale of gold
mining products or imported gold
shall exceed (either in quantity
or value) the quantity or value
specified in the permit or
otherwise than in accordance with
the terms of the permit; and any
purchase or sale contravening the
provisions of this subsection
shall be deemed to constitute an
offence against subsections (2)
and (3) of section 4 of this
Ordinance. (Subsection
substituted by 4 of 1947, s.4.)
Permits.
(3) The permits shall be issued in
such form as shall be prescribed.
Record of Purchases and Sales.
(4) (a) Banks purchasing or
selling gold mining products under
the provisions of this section and
any person selling imported gold
under the provisions of section 4
and goldsmiths purchasing gold
mining products or imported gold
under the provisions of this
section and of section 4 of this
Ordinance shall keep such records
in connexion with such purchases
and sales respectively as shall by
regulation be prescribed in that
behalf; and the Minister shall
have power to make such
regulations as to him shall seem
fit for the further, better, or
more convenient effectuation of
the provisions and purposes of
this section. (Amended by 4 of
1947, s.4.)
Commencement of Regulations.
(b) All such regulations shall be
published in the Gazette, and
shall thereupon have the same
force and effect as if enacted
herein, either immediately or from
such later date as may therein or
in that regard be provided.
Penalties for Breaches of
Regulations.
(c) Any person committing any act
or making any omission which
constitutes a contravention of any
of the provisions of such
regulations shall be guilty of an
offence, and on conviction thereof
shall be liable to a fine not
exceeding fifty pounds, or to
imprisonment with or without hard
labour for any term not exceeding
three months. (Section added by
14 of 1926, s.3.)
Section 9—Gold Security Permit.
(1) Notwithstanding anything to
the contrary in this Ordinance
contained, the competent Police
authority may, in his discretion,
issue a gold security permit to
any person engaged in trade,
business or the pursuit of any
profession, or to any employer.
(2) The holder of a gold security
permit may, while such permit is
in force—
(a) receive articles made of gold
as security for the payment of
goods delivered or to be
delivered to any customer;
(b) receive articles made of gold
as security for the faithful
service of any of his employees;
(c) exercise such power of sale in
respect of any articles made of
gold and received as aforesaid as
he would lawfully be entitled to
exercise if the articles were not
made of gold.
Schedule Form C.
(3) Every holder of a gold
security permit shall keep and use
in his business a register in the
Form C set forth in the Schedule
or as near thereto as possible,
and failure by him in any respect
to comply with this requirement
shall render him liable on summary
conviction to a fine of ten pounds
or in default of payment to
imprisonment for one month.
(Added by 16 of 1942, s.2.)
(4) A Police Officer not below the
rank of Corporal may at any time
between the hours of 6 a.m. and 6
p.m. enter the business premises
of the holder of a gold security
permit for the purpose of
examining his register, any
document relating to any entry
therein, and any articles made of
gold received by him as security.
Any holder of a gold security
permit or his clerk who fails to
produce the register, any document
relating to any entry therein or
any such articles on demand by the
Police Officer, or any person who
obstructs the Police Officer in
the execution of these duties,
shall be liable on summary
conviction to a fine of £10 or in
default of payment to imprisonment
for one month. (Added by 16 of
1942, s. 2.)
(5) The competent Police authority
may in his discretion at any time,
upon giving two months notice to
the holder, revoke any permit
issued under subsection (1)
(6) Any person aggrieved by the
refusal of the competent Police
Authority to grant a permit or by
the revocation of a permit by the
competent Police authority may
within one month appeal to the
Minister whose decision thereon
shall be final and conclusive.
(Section added by 48 of 1940, s.
3.)
SCHEDULE.
(Section 5 (5).)
(3 of 1932, s. 3, and 30 of 1935,
s. 2.)
FORMS OF LICENCE.
FORM A.
GOLDSMITH'S LICENCE (not
authorising hawking).
Goldsmith's Licence.
Licence is hereby granted to
[name] of [residence] to carry on
the business of a goldsmith at
[describe store by its name,
situation or other particulars of
identity] until the 31st day of
December, 19 ..... .
Dated
at.............................this......................day
of............... ,
19......................................
Fee— 5s.
.........................................
Competent Police Authority.
FORM B.
GOLDSMITH'S HAWKING LICENCE.
Hawking Licence.
Licence is hereby granted to
[name] of [residence] to hawk
articles manufactured of gold
within the Gold Coast until the
31st day of December, 19 .........
Dated
at......................this.......................day
of.................................
,19..............................
Fee— 2s. 6d.
..............................................
Competent Police Authority.
FORM C.
GOLD SECURITY PERMIT REGISTER.
(Section 9 (3) )
Date of Deposit Name and
Address of Deposit Full
description of articles deposited
with weight of each Purpose of
Deposit Signatures of depositor,
permit holder and witness
Signature of depositor on final
return of articles to him
As amended by
THE GOLD MINING PRODUCTS
PROTECTION ORDINANCE (AMENDMENT)
ACT 2001, (ACT 608).1
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