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THE UNITED REPUBLIC OF TANZANIA ‘An Act to provide for the Protection of the Gemstone Industry and the Establishment of a Gemstone Marketing Department for the Purpose of encouraging and promoting the Gemstone Industry in Tanganyika (ee EnacteD by the Parliament of the United Republic of Tanzania, PART I PRELIMINARY 1, This Act may be cited as the Gemstone Industry (Development stor cite and Protection) Act, 1967 and shall come into operation on such date snd as the Minister may, by notice in the Gazette, nee point. a 2, In this Act, unless the context otherwise requires— Toverpetation vance payment” means the amount which the Director is required to pay {0 an authorized miner under the provisions of subsection (3) of section 16 or subsection (4) of section 17 where a gemstone is * delivered to the Director for marketing; “authorized miner” means the holder of a right or licence to prospect for gemstones, whether on his own behalf or as an agent for a corpora- tion or partnership, or of a claim or lease to mine for gemstones granted under the Mining Ordinance; and includes any person who Cap. 123 has, with the prior approval in writing of the Commissioner, been authorized in writing by the holder of such right, licence, claim oF lease to act on his behalf for the purposes of this Act; “the Board” means the Gemstone Industry Advisory Board established ‘under section 24; “buy” and “sell” include ba ‘or security and “to sell’ ‘to buy” includes to receive as a pledge Judes to deposit as a pledge or security; 1 Unlawful possesion of ‘emtones Valawfut dsposl of Unlawful buying of ‘pemstones No. 11 Gemstone Industry (Development and Protection) _1967 “Commissioner” means the Commissioner for Mineral Resources and udes any public officer authorized by the Commissioner to act on his behalf; “Director” means the Director of Gemstones and includes an Assistant Director of Gemstones; “gemstones” means such rough and uncut mineral stones of, precious or semi-precious variety, other than diamonds, a5 the Minister may, bby notice in the Gazette, declare to be gemstones for the purposes of this Act; x j “icensed dealer” means any person who is the holder df,a. licence to deal in gemstones granted under the provisions of séction 8; “member” means a member of the Board and includes the chairman, the Director and the Commissioner; “Minister” means the Minister for the time being responsibe for mineral resources; “precious stones” means such stones as are or may hereafter be included in the definition of that term as defined in the Mining Ordinance; “prescribed gemstones” means such gemstones as are declared to be prescribed gemstones by an order made under section 17; “royalty” means the royalty payable under the Mining Ordinance. PART I RESTRICTIONS ON DEALINGS IN GEMSTONES 3. Any person, other than an authorized miner or a licensed dealer, who has any gemstone in his possession shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years. 4—(1) No person, other than an authorized miner or a licensed dealer, shall sell or otherwise dispose of any gemstone. (2) No authorized miner shall sell or otherwise dispose of any gemstone which is not lawfully won by him or by some other authorized miner for ‘whom he is authorized in writing to act. (@) No licensed dealer shall sell or otherwise dispose of any gemstone except on behalf of an authorized miner, another licensed dealer or the Director or unless the gemstone has been lawfully obtained from an authorized miner, another licensed dealer or the Director. (©) Any person contravening any of the provision of this section shall be guilty of an offence and shall be liable on conviction to imprison- ‘ment for a term not exceeding five years. 5.—(1) No person, other than a licensed dealer, shall buy or otherwise acquire any gemstone, (2) No licensed dealer shall buy or otherwise acquire any gemstone except from an authorized miner, another licensed dealer or the Director. (@) Any person contravening any of the provisions of this section shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding five years. (Development and Protection) __1967 6—(1) No person shall export from or import into Tanganyika any Rewiios gemstone unless he is @ licensed dealer and holds a valid permit issued steps by the Commissioner to so export or import gemstones. of ermbones (2) Every application for a permit under this section shall be made to the Commissioner in the prescribed manner. (2) Subject to, the, provisions of this Act and any regulations made thereunder the duration, terms, conditions and limitations of a pent to export or import gemstones’ shall be in the discretion of the Com- (4) Any person who contravenes the provisions of subsection (1) shall bbe guilty of an offence and shall be liable on conviction to imprison- ‘ment for a term not exceeding two years. 7. The Commissioner may issue a gemstone dealer’s licence which Desie’s shail authorize the holder to buy, sell or olhervise dealin, or perform === any service in relation to, gemstones. 2,() Every. application for lesnee under section 7 shall be made poniaien ‘the Commissioner in the prescribed manner. foc gant of @ Subject to the provisions of this Act and any regulations made thereunder, the duration, terms, conditions and limitations of dealer’s licence issued under section 7 shall be in the discretion of the com- missioner @) No licence issued under section 7 shall be transferable, 9e=(1) The Commissioner may refuse to issue any permit under Gromds section 6 or any licence under section 7 when he is of the opinion \Pon which that— ‘missioner (© it would not be inthe bet intrest of the gemstone industry Phas or _ Eos tay pooke (©) the applicant has not sufficient knowledge, facilities, experience pthin's" or financial resources properly 10 carry on the business of => gemstone dealer; © that the applicant is not @ person of good character. @) The Commissioner may revoke any permit issued under section 6 or any dealer’ once feed under section 7 on ay of the following grounds — (@) thatthe holder of such permit ot cence has been convicted ot fan offence against this Act or has contravened or ‘failed to comply with any of the conditions attached 10 the permit or Ticenee, as the case may be: (©) that the holder of such permit or licence has been convicted of an offence involving fraud or dishonesty. @) For the cof subsection @2) the term “holder of a permit or lence” fodindeo= 2 ‘ie (2) where such holder is a corpora director ofthe corporation Ser esc havng cra fhe bans fe creo, ‘Appeals Exemptions Extablshment oti Department Director of No. 11 Gemstone Industry (Development and Protection) __1967 (©) where such holder is a partnership firm any of the firm or ghee offer of the firm having control of the busines of the 10, Any person who— (@ being an applicant for a permit or dealer’s licence, is aggrieved by the of the Commissioner to issue such permit or licence; or (©) being a person to whom a permit or licence is issued, is aggrieved by any term, condition or limitation attached to’ the permit or licence; or (© being the holder of a permit or dealer's licence, is aggrieved by the revocation of the same, may, within the time and in the manner prescribed, appeal to the Minister and the Minister may, if he thinks it just fo do so, reverse oF vary the decision of the Commissioner. 11.—(1) The Minister may, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Part in respect of any gemstone which is not.a precious stone. @ Nothing in this Part shall apply to any sale or disposal of any ‘gemstone to, or possession, purchase, acquisition, sale, disposal, export Or import of any gemstone by, the Director acting in his official capacity. @) Nothing in this Part shall be construed as imposing any liability ‘on any public officer in respect of any act done by him in the lawful discharge of his duties or on any agent in respect of any act done by him while acting within the scope of his authority as such agent. (4) For the purposes of subsection (3) “agent” means a person acting under the directions of and as the ageat of a police officer for any purpose connected with the lawful discharge of the duties of such police PART U1 Guustone Manxerina DEPARTMENT 12, There shall be constituted and maintained a public department to bbe called the-Gemstone Marketing Department. 13—(1) There shall be a Director of Gemstones and such number of Assistant Directors of Gemstones: as the Minister may consider necessary. (2) The Director ‘shall be in charge of the Gemstone Marketing Department. @) The offices of the Director, Assistant Directors and other staff of the Gemstone Marketing Department shall be offices in the service of the United Republic No. 11 Gemstone Industry (Development and Protection) __ 1967 3 (4) The Director shall be a corporation sole by the name of the Director of Gemstones with perpetual succession and an official seal and shall be capable in law of suing and being sued in his corporate name, acquiring and disposing of any property whatsoever, whether ‘movable or immovable, and of entering into any such contracis as may be neoessary or expedient forthe performance of his functions under 14, Subject to the provisions of this Act, it shall be the function of Funcdoas of the Director- = the Diresior *(@) to market or arrange for the marketing of gemstones (b) to promote the development and improvement of the gemstone industry in Tanganyika and to encourage Aftican Perticipation © to assist authorized miners and licensed dealers to secure the ‘most favourable arrangements for the marketing and export of ‘gemstones; @ to collect and circulate statistics and other relevant information relating to gemstones and the marketing of gemstones: (© to advise authorized miners and licensed dealers on all matters affecting the gemstone industry; (0 to arrange for tho classification and valuation ‘of gemstones; @ to encourage the establishment and development in Tanganyika of the industry of cutting, polishing and setting of gemstones; and to authorized miners to market their through (2) to encourage ‘gemstones throug 15. The Director shall, at the oe of a puthoriond miner of Csciaion licensed dealer and upon’ receipt of the prescribed fee, arrange 2 on classification and valuation of a gemstone, anne 16.—(1) Where a gemstone has been valued under the provisions of Marketing of section 15, the authorized miner may, in writing in the prescribed fiom form (hereafter referred to as “an authority to sell”), authorize the Director to sell the gemstone on his behalf. @) Every authority to sell shall be irrevocable and shall constitute an authority to the Director to sell the gemstone.on behalf of the authorized miner at a price not less than sixty percentum of the valuation made under section 15 or at such lesser price as the authorized See agree to in writing (hereinafter referred to as “‘the minimum G) On receipt of the authority to sell and of the gemstone the Director shall pay to the authorized miner, out of funds provided for the purpose by Parliament, such percentage of the valuation of the gemstone made under section 15 as may be prescribed. (4) Where the Director succeeds in effecting a sale of the gemstone at a price not less than the minimum price he shall remit the proceeds of the sal, after deducting therefrom an simount equal to the advanee payment, the royaity payable in respect of the gemstone disbursements and fees as may be prescribed, to the authorized miner. Competsory ‘naretng 9 preset Eenstone Mode of sale No, 11 Gemstone Industry (Development and Protection) __ 1967 17—(1) The Minister may, by order published in the Gazette, de-