Second-hand and Scrap Metal Dealers Act
- Commenced on 12 March 1973
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Second-hand and Scrap Metal Dealers Act.
2. InterpretationIn this Act unless the context otherwise requires—"article” in relation to second-hand goods, means any item of second-hand goods, and in relation to scrap metal means anything consisting wholly or partly of metal and includes any part of such item or thing;“to buy” means to obtain by way of purchase, barter or exchange, and cognate words shall be construed accordingly;“dealer” means a second-hand dealer or a scrap metal dealer;“goods” means any tangible movable property entirely or partly manufactured, cast, wrought, woven or fashioned out of or on any metal, precious metal, cloth, paper, glass, clay, wood, plastic or other material, and includes motor vehicles, machinery, tools, works of art and printed and photographic reproductions of paintings, photographs, and recorded reproductions of speech or music;“metal” means aluminium, cobalt, copper, iron, lead, manganese, vanadium, cadmium, tungsten, zinc, all other ferrous and nonferrous metals and alloys of these metals but does not include precious metals except to the extent that one tenth of one per centum or less of the weight of such an alloy as aforesaid is attributable to any precious metal;“precious metal” means gold, silver and platinum;“premises” includes any land whether enclosed or unenclosed and whether consisting of land and buildings or otherwise;“register” means the register of second-hand and scrap metal dealers kept by the registering authority as provided by section 4 (2);“registered dealer” means a dealer registered pursuant to section 4;“registering authority” means the Commissioner of Police;“re-possessed goods” means any goods which, under the terms of a hire-purchase or instalment sale agreement, have been re-possessed by the seller thereof from the purchaser;“scrap metal” includes—(i)any old metal or broken metal;(ii)any broken, worn out or defaced or manufactured, or partly manufactured, processed or wrought articles which are not fit for the purpose for which they were manufactured, processed or wrought or which are no longer so required;(iii)metallic waste;(iv)any metal, occurring as a mineral in a raw or natural state, in quantities of less than one thousand pounds in weight, except when utilized bona fide as raw metal geological specimens;“scrap metal dealer” means any person who carries on a trade or business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, and includes any person who, from a person other than a scrap metal dealer, buys or acquires scrap metal for further processing or for the manufacture of other things or for export, but does not include any person engaged in mining who in the course of his mining business buys or sells scrap metal from or to another such person;“second-hand goods” means any goods which have been bought or delivered or are possessed for sale after use by a previous owner, and includes goods received by any person from their previous owner in partial or full consideration for any contract, or by way of deposit or part deposit in respect of any hire-purchase or instalment sale agreement, but does not include re-possessed goods so long as the said goods remain in the possession of the seller thereof.
3. Appointment of registering authority
4. Registration of dealers
5. Dealer to furnish description of premisesEvery person applying for registration under this Act or for a renewal thereof shall, at the time of his application, furnish to the registering authority a description, in writing, of his premises, including all cellars, closets and other places proposed to be used by him in the course of his business, and shall, if so required by the said authority, furnish a map or plan of such premises.
6. Non-registration of certain persons
7. Dealers to keep books
8. Dealers to retain articles for seven days
9. Dealers to enter names of purchasers, etc.
10. False entries and informationAny person who—
11. Dealers to produce articles and books on demand
12. Dealers to report stolen goods
13. Dealer may not alter or deface articles without permissionWhere any dealer, after receiving information of the theft or fraudulent obtaining of any article, melts, alters, defaces or conceals any article answering to the description of the aforesaid article, or causes the same to be melted, altered, defaced or concealed, without having been authorized in writing by a police officer so to do, and it is found that the said article was stolen or fraudulently obtained by the person from whom the dealer received the same or by any other person, then in such case it shall be held that the dealer knew that the said article was stolen or fraudulently obtained and he shall be proceeded against according to law as a receiver of stolen goods, and no evidence of his guilt shall be necessary other than the evidence of such melting, altering, defacing or concealing, after receiving such information as aforesaid.
14. Dealer may not possess smelting pots, etc.Any dealer, who, without permission in writing from the police officer in charge of the District in which his premises are located, possesses, keeps or knowingly allows to be kept on his premises any smelting pot or implement for melting, altering or defacing metals or precious metals shall be guilty of an offence and liable to a fine of K1,500 and to imprisonment for a term of one year.
15. Business not to be transacted with persons under 14 years of age
16. Dealers to have their names over shop doors
17. Revocation of registration
18. Cancellation of registration by court
19. RegulationsThe Minister may make regulations for the better carrying out of this Act, and, without prejudice to the generality of the foregoing such regulations may provide for—
20. ExemptionsThe Minister may, by Government Notice, exempt any dealer or class of dealer from the provisions and requirements of this Act, or any of them, and may, in like manner, revoke or alter any such exemption.
21. Registration not in lieu of licensing, etc., under other written lawsRegistration under this Act shall be in addition to and not in derogation of any applicable licensing or other requirements of the Businesses Licensing Act or any other written law.[Cap. 46:01]
History of this document
31 December 2014 this version
12 March 1973