CROSS RIVER – GOLDSMITHS LAW
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LAWS OF CROSS RIVER STATE
CHAPTER G2
GOLDSMITHS LAW
ARRANGEMENT OF SECTIONS
SECTION
- Licence to be obtained to carry on the business of goldsmith.
- Licences and licensing authorities.
- Hawking licence.
- Licensing fees to form part of revenue of Cross River State.
- Power to refuse a licence and to revoke when granted.
- Duty of goldsmith to display signboard at business premises.
- Goldsmiths to keep books and produce books and stock.
- Receipts to be given by goldsmiths.
- Power of search to certain officers.
- Apprentices.
- Employees.
- Offences and general penalty.
- Power to make regulations.
- Interpretation.
- Short title.
SCHEDULE
Forms
CHAPTER G2
GOLDSMITHS LAW
A Law to control and regulate the Licensing of Goldsmiths in Cross River State and for Matters connected therewith.
(1st February, 1959)
[Commencement]
- Licence to be obtained to carry on the business of goldsmith
(1) No person shall carry on the business of a goldsmith unless he has obtained a licence under this Law.
(2) Any person who carries on the business of a goldsmith without such a licence shall be guilty of an offence and shall be liable on conviction to a fine not exceeding the sum of four hundred naira or to a term of imprisonment not exceeding two years or to both such fine and imprisonment.
- Licences and licensing authorities
(1) The Commissioner may appoint the Secretary to a local government to be a licensing authority for the purposes of this Law and shall in such appointment specify the area for which such Secretary is so appointed.
(2) Application for a licence shall be made in quadruplicate to the appropriate licensing authority of the area in which the business premises of the applicant are situate and shall be in Form A in the Schedule. [Schedule: Form A.]
(3) The licensing authority may grant a licence and such licence shall specify the name, residence and place of business of the goldsmith and shall only have effect in respect of the business premises specified therein and shall be in Form B in the Schedule. [Schedule: Form B.]
(4) A goldsmith may carry on business at one or more business premises but a separate licence shall be obtained in respect of each such business premises.
(5) A licence shall not be assigned or transferred and shall not confer any right upon any person by reason of his being the executor or administrator of the person to whom such licence was granted.
(6) The fee in respect of the issue of each first licence or of each renewal thereof shall be such amount as shall be prescribed by the regulations made pursuant to the provisions of this Law, and a licence shall, unless revoked or forfeited, continue in force for one year from the date of issue or renewal.
- Hawking licence
(1) No person shall hawk articles manufactured of gold unless he has obtained a hawker’s licence.
(2) Application for a hawker’s licence shall be made to any licensing authority, and shall be in Form C in the Schedule. [Schedule: Form C.]
(3) The fee for a hawker’s licence shall be such amount as shall be prescribed by the regulations made pursuant to the provisions of this Law, and a hawker’s licence shall, unless revoked or forfeited, continue in force for one year from the date of issue and shall have effect throughout Cross River State.
(4) A hawker’s licence shall be in Form D in the Schedule and shall not be transferred. [Schedule: Form D.]
- Licensing fees to form part of revenue of Cross River State
The licensing fees payable under the provisions of this Law shall accrue to and form part of the revenue of Cross River State.
- Power to refuse a licence and to revoke when granted
(1) A licensing authority may in his discretion refuse to grant a licence or to renew any licence which has expired and may revoke any licence which has been issued or renewed.
(2) Any person aggrieved by such refusal or revocation may appeal to the High Court.
- Duty of goldsmith to display signboard at business premises
A goldsmith shall keep a signboard suspended or fixed on the outside of the licensed premises inscribed in legible letters with his name and the description “LICENSED GOLDSMITH No ………….” in letters and figures not less than three inches high.
- Goldsmiths to keep books and produce books and stock
(1) A goldsmith shall keep within the licensed premises books showing—
(a) all purchases by him of gold, raw gold and other matter containing gold and the weight thereof together with the date of each such purchase and the full name, address and description of the vendor; and
(b) all articles of gold manufactured by him, the weight of the articles manufactured and the weight of gold manufactured by him from gold purchased; and
(c) all articles of gold sold by him and the full names, addresses and descriptions of the persons purchasing such articles; and
(d) a description of jewellery received for alteration, repair or re-manufacture including the weight of such jewellery before and after re-manufacture with the full name, address and description of the owner of such jewellery;
(e) the number of the receipt issued by him to any vendor, purchaser or owner;
(f) such other particulars as may from time to time be prescribed.
(2) Such books and receipts shall be in Forms E, F, G and H in the Schedule respectively and shall be produced on demand for inspection by any licensing authority, administrative officer, officer of the Mines Department of the Federal Ministry of Mines and Power or any police officer not being below the rank of inspector. [Schedule: Forms E, F, G and H.]
(3) A goldsmith shall keep within the licensed premises a set of accurate troy weights and an accurate goldsmith’s balance and shall produce the same together with his stocks of gold, raw gold or other matter containing gold and any articles or parts of articles made or in the course of being made by him wholly or in part of gold, on demand, for inspection by any licensing authority, administrative officer, officer of the Mines Department or any police officer not being below the rank of inspector.
(4) Where a goldsmith is absent from his business premises at the time of any inspection the person in charge of such business premises, who shall be an employee duly authorised under the provisions of this Law, shall comply with the requirements of this section.
(5) Where a licensing authority is satisfied that a licensed goldsmith is illiterate and that the earnings of such goldsmith do not permit him to engage a literate employee he may by order exempt such goldsmith from all or any of the provisions of this section or require such simple form of records or weighing to be kept or used as the degree of literacy of such goldsmith may allow. Any order made under the provisions of this subsection shall be in writing and signed by the licensing authority and a certified copy thereof shall be given to the licensed goldsmith concerned.
- Receipt to be given by goldsmiths
(1) A goldsmith shall at the time of deposit or purchase issue a receipt to the owner of any article containing gold deposited with him for repair or alteration, and to the vendor of any gold, raw gold or article or matter containing gold purchased by him, and to the purchaser from him of any gold, raw gold or article or matter containing gold.
(2) Any such receipt shall be as nearly as circumstances permit in Form E in the Schedule and such receipt may be given by any duly authorised employee. [Schedule: Form E.]
(3) A goldsmith shall retain for one year the duplicate of every receipt given under the provisions of this section.
- Power of search to certain officers
(1) Any member of the Nigerian Police Force not below the rank of inspector may at any time, without a warrant, between the hours of 6 a.m. and 6 p.m. enter and search the business premises of any goldsmith for the purpose of ascertaining what gold, raw gold or other matter containing gold is therein, and seize any article in respect of which it may reasonably be suspected that an offence has been committed.
(2) A magistrate if satisfied upon information on oath that there is reasonable grounds for believing that there is in any building or premises within the area of his jurisdiction—
(a) anything in respect of which an offence against the provisions of this Law has been committed or is suspected of having been committed; or
(b) anything which will afford evidence as to the commission of any offence against the provisions of this Law; or
(c) anything which is intended to be used for the purposes of committing an offence against the provisions of this Law, may issue a search warrant authorising the persons named therein together with assistants at any time within one month from the date of such warrant to enter or open, if necessary be force, the building or premises named in such warrant and to search for and seize the articles named in the warrant together with any vessel, package or other receptacle containing such articles.
(3) Any article or thing seized under the authority of a search warrant shall, as soon as possible, be brought before a magistrate.
(4) Whoever obstructs any person duly exercising the powers conferred by the section shall be guilty of an offence.
- Apprentices
No goldsmith shall employ any apprentice except under the provisions of an apprenticeship contract in accordance with the provisions of Part III of the Labour Decree 1974.
- Employees
(1) A goldsmith shall not employ in connection with his business as a goldsmith any person whose particulars do not appear in the licence or the renewal and, if during the currency of any licence or renewal any change is to be made in such employees, full particulars in triplicate of the person to be employed shall be given to the licensing authority who issued the licence or renewal and such licence or renewal shall be altered accordingly.
(2) Any employee whose name appears on the licence or renewal issued in respect of any licensed premises shall be a duly authorised employee for the purposes of this Law for such licensed premises.
- Offences and general penalty
Any person who contravenes or fails to comply with any of the provisions of this Law shall be guilty of an offence and, if no other penalty is herein provided, shall be liable on conviction to a fine not exceeding the sum of two hundred naira or to a term of imprisonment not exceeding one year or to both such fine and imprisonment.
- Power to make regulations
The Commissioner may make regulations for—
(a) the purpose of further securing the effectual control of the business of goldsmiths and the prevention of improper or illegal use of gold, raw gold and other matter containing gold;
(b) prescribing further books to be kept and the forms thereof;
(c) providing for the further registration or licensing of persons employed by goldsmiths in the course of their business as such;
(d) prescribing penalties for offences against any regulation made hereunder;
(e) prescribing the fees payable in respect of a goldsmith’s licence, the renewal of such licence and of a hawker’s licence, and
(f) generally carrying into effect the provisions of this Law.
- Interpretation
In this Law—
“goldsmith” includes any person who makes articles or parts of articles either wholly or in part of gold but not a person who is registered as a dental surgeon under the Medical and Dental Practitioners Act, 1963 in respect of articles made in his professional capacity;
“the Commissioner” means the Commissioner for the time being charged wit responsibility for Finance;
“raw gold” means gold in the raw state and includes unrefined gold, amalgam, slimes and scrapings and smelted gold which is not manufactured into any article of commerce.
- Short title
This Law may be cited as the Goldsmiths Law.
SCHEDULE
FORM A
CROSS RIVER STATE OF NIGERIA
[s. 5.]
THE GOLDSMITHS LAW
Application for the Issue or Renewal of a Goldsmith’s Licence
| Serial Number | |
| 1. Full name of applicant ………………………….. | |
| 2. Age of applicant …………………………………. | |
| 3. (a) Full address of the premises for which licence is desired ………………………………….. | |
| (b) Full address of residence of applicant ……… | |
| 4. (a) Whether applicant has previously made an application for a goldsmith’s licence ………… | |
| (b) and if so, whether any such application has been refused ……………………………………….. | |
| 5. If the application is for renewal the number of the existing licence ……………………………… | |
| 6. The full names and full address of all— | |
| (a) indentured apprentices …………………………….. | |
| (b) employees……………………………………………. | |
| at the time of application. | |
| 7. Whether the applicant has even been convicted of an offence against the Goldsmiths Law, the Goldsmiths Act, or the Gold Trading Act, and if so the place and date of the conviction, the nature of the offence and the penalty impose……………………………………………………………………. |
Date ………………….. , 20 ………… ………………………………………. Signature of applicant
FORM B
CROSS RIVER STATE OF NIGERIA
[s. 5.]
THE GOLDSMITHS LAW
Goldsmith’s Licence No ………………………………..
Licence is hereby granted/renewed to (full name) …………………………………….
of (full address of resident)…………………………………………………………………
………………………………………………………………………………………………. at
…………………………………………………………………………. (indicate and describe premises by full particulars of name, situation or other means of identification).
EMPLOYEES
Name Employee’s full address Date engaged if not employed at time of application for licence
…………………… ………………………….. ……………………………….
……………………. ………………………….. ………………………………..
……………………. ………………………….. ………………………………..
Name Apprentice’s full address Date of Indenture
……………………. ………………………….. …………………………………
……………………. ………………………….. …………………………………
……………………. ………………………….. …………………………………
Dated at ……………….. this ………. day of ………, 20 …………………….
This licence will expire on the ………….. day of …………., 20 …………….
Fee: Issue/Renewal ………………………………………………………………… k
…………………………………………….. Licensing Authority for the area of
……………………………………………..
FORM C
CROSS RIVER STATE OF NIGERIA
[s. 5.]
THE GOLDSMITHS LAW
Application for Hawker’s Licence
- Full name of applicant …………………………………………………………………..
- Full address of applicant ………………………………………………………………..
- Age of applicant ………………………………………………………………………….
- Whether the applicant has even been convicted of an …………………….. offence against the Goldsmiths Law, the Goldsmiths Act, …………………….. or the Gold Trading Act, and if so the place and date of the ……………………. conviction, the nature of the offence and the penalty …………………….. imposed …………………….
Date …………………. , 20 ………… ……………………………….. Signature of applicant
FORM D
CROSS RIVER STATE OF NIGERIA
[s. 6.]
THE GOLDSMITHS LAW
Hawker’s Licence No ……………………………………
Licence is hereby granted to …………………………………………………………… of
…………………………………………………………… to hawk articles manufactured within Nigeria.
This licence will expire on the ………………. day of ………………., 20 …………….
Dated at ……………….. this …………. day of ………………., 20 …………………… Fee: ₦ k
………………………………………… Licensing Authority for the area of
…………………………………………..
FORM E
CROSS RIVER STATE OF NIGERIA
[s. 9.]
THE GOLDSMITHS LAW
Receipt for Article containing Gold deposited for Repair or Alteration or
Purchased or for Raw Gold Purchased
Serial No ……………………………………………………..
Received from (full name) …………………………………………………………………
Residing at (full address) ………………………………………………………………….
………………………………………………………………………………………………….
*the following article/articles/raw gold
*deposited for the purposes of repair/alteration
*purchased by me, Licensed Goldsmith No ………………………
Description ……………………………………………………………………………………
Troy weight …………………………. Oz ………………………….. dwt.
Date …………………….. , 20 ………… …………………………………………. Signature of Licensed Goldsmith
THIS RECEIPT TO BE IN DUPLICATE
*Delete the word which is not applicable to any particular transaction.
FORM F
[Goldsmith S. 9.]
CROSS RIVER STATE OF NIGERIA
THE GOLDSMITHS LAW
Repair or Alteration of manufactured Gold Articles
CHAPTER G2
GOLDSMITHS LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
- Goldsmiths (Renewal of Licenses and Fees) Regulations.
Goldsmiths (Renewal of Licenses and Fees) Regulations
- Citation
These regulations may be cited as the Goldsmiths (Renewal of Licences and Fees) Regulations.
- Manner of application for renewal of licence
Application for the renewal of a goldsmith’s licence shall be made in quadruplicate to the proper authority at least one month before the date on which the licence or any previous renewal thereof is due to expire and the prescribed fee shall be forwarded therewith.
- Goldsmith may carry on business pending decision on application
Where application for the renewal of a licence has been made in accordance with the provisions of regulation 2 and the applicant has not been informed of the decision on such application before the date on which the existing licence or renewal is due to expire, the applicant may continue to carry on the business of a goldsmith in accordance with the provisions of the Law unless and until notified that the application has been refused.
- Date of renewal
Where an application for renewal has been granted such renewal shall be effective from the date on which the existing licence or renewal would, but for such renewal, have expired.
- Refund of fee on refusal
Where an application for renewal has been refused the prescribed fee which accompanied the application shall be returned to the applicant.
- The following fees are prescribed for the purpose of the Law:
Subject Matter Fee
₦ k
- For the issue of each first goldsmith’s licence the fee shall be ……… 4.00
- For each renewal of goldsmith’s licence, the fee shall be …………… 1.00 C. For the issue of hawker’s licence, the fee shall be …………………… 2.00
