   COAL OWNERS (PROTECTION) _g CAP. 43.             1
CHAPTER 43
COAL OWNERS (Protection) ORDINANCE
To provide for the protection of owners of coal, stored or afloat in the
harbours.
(31st December, 1915) *
Enacted by ORDINANCE X of 1915, as amended by Ordinances VIII of
1916 and XIX of 1920; Act X of 1924; Ordinance XII of 1940; Legal Notice
4 of 1963; and Acts: XLIX of 1981 and VIII of 1990.
Short title.
(Protection) Ordinance.
Licence. 
Amended by: 
XIX. 1920.2; 
L.N. 4 of 1963.
2. (1) No person shall dredge for coal or other articles in any
harbour without a licence from the Commissioner of Police, or in
contravention of the conditions of such licence.
Time and place at 
which dredging is 
permitted and other 
conditions of 
licence.
(2) Any such licence shall specify the time and place at which
dredging for coal or other articles is permitted, and shall contain
such other conditions as the Commissioner of Police may deem
expedient for the protection of owners of coal.
Duration of 
licence.
(3) Every such licence shall remain in force until the 31st
December of the year in which it is issued, unless it is previously
cancelled by the Commissioner of Police by order of the Minister
responsible for the Police.
Powers of Police. 
Amended by: 
XIX.1920.2; 
X.1924.2; 
VIII. 1990.3.
3. (1) It shall be lawful for any Police officer to seize any
quantity of coal less than five tonnes in weight, in any case in
which there are grounds for suspecting that the possession of such
coal was acquired unlawfully.
(2) In any such case the coal and any boat or vehicle containing
the same shall be forfeited, unless the person claiming such coal,
on a summons issued against the Commissioner of Police, before
the Court of Magistrates, within seven days from the seizure,
proves to the satisfaction of that court that he is the lawful owner of
the coal, or that he came lawfully in possession thereof:
  Provided that, in default of such proof, any other person who
shall satisfy the Commissioner of Police that he is the lawful owner
or possessor of the coal seized as aforesaid, shall be entitled to the
restitution thereof.
Penalty.
conviction, be liable to the punishments established for
contraventions; and in any such case the court may also order the
forfeiture of the boat or other vehicle or of the implements made
use of in connection with such contravention.
* See  Proclamation No. XVIII of 1915.
    2               CAP. 43. _h   COAL OWNERS (PROTECTION)  
Licence to trade in 
coal. 
Added by: 
VIII.1916.2. 
Amended by: 
XII. 1940.2; 
L.N. 4 of 1963.
4. (1) No person shall deal in coal without a licence from the
Commissioner of Police.
Duration of 
licence.
(2) Such licence shall remain in force until the 3lst December
of the year in which it is issued, unless it is previously cancelled by
the Commissioner of Police by order of the Minister responsible for
the Police.
Power of 
Commissioner to 
refuse licence.
(3) The Commissioner of Police shall have power to refuse
such licence to persons of suspected character.
Contents of 
licence.
(4) The licence shall specify the place in which the licensee
may carry on his trade, and shall contain such other conditions as
the Commissioner of Police may deem expedient to impose for the
protection of the owners of coal.
Where coal-dealers 
may carry on their 
trade.
(5) The limitation of the areas in which licensed coal-dealers
shall be permitted to carry on their trade, shall be at the discretion
of the Commissioner of Police.
Duties of coal-
dealers. 
Added by: 
VIII.1916.2. 
Amended by: 
XIX.1920.3.
5. (1) Every such dealer shall have his name and surname,
together with the word “Coal-dealer”, painted distinctly on the
front of his warehouse, shop or other place of business.
(2) He must also keep books in which he shall duly enter any
coal purchased or otherwise received by him, the name of the
sellers or other persons from whom he obtained the same and their
place of abode.
Power of Police 
officers.
(3) Any Police officer may at any time enter any shop or
warehouse kept by any coal-dealer and inspect the things existing
therein and the books referred to in subsection (2) of this section.
Other duties of 
coal-dealers. 
Added by: 
VIII.1916.2. 
Amended by: 
XIX. 1920.3; 
XII.1940.2,3.
6. (1) Every licensed coal-dealer shall, moreover, comply
with the following rules:
( a ) he shall not purchase or otherwise receive any coal
from any person of suspected character who is unable
to prove satisfactorily how he came into possession of
such coal;
( b ) he shall not purchase or otherwise receive or sell any
coal before eight o’clock in the morning or after
sunset; 
( c ) he shall give to any Police officer, whenever requested
to do so, an account of any coal sold or disposed of by
him, stating the name and other particulars of the
person to whom he sold or otherwise transferred such
coal;
( d ) he shall, without delay, give notice to the Police, of
any coal offered to him, which he has reasonable
grounds to suspect to have been improperly obtained;
( e ) he shall not sell or otherwise dispose of any coal
purchased or received by him, before the lapse of forty
   COAL OWNERS (PROTECTION) _g CAP. 43.             3
eight hours from the time when it came into his
possession, unless he has obtained permission so to do
from the Commissioner of Police.
(2) The provisions of paragraphs ( a ) and ( b ) of subsection (1)
of this section shall apply to any person to whom any coal is
offered, whatever his trade or business may be.
Punishment. 
Added by: 
VIII. 1916.2. 
Amended by: 
XII. 1940.2; 
XLIX. 1981.4;. 
VIII. 1990.3. 
Cap. 9.
7. (1) Any person who contravenes the provisions of sections
4, 5 and 6 shall, on conviction by the Court of Magistrates, be
liable to the punishments established in the Criminal Code, for
contraventions:
  Provided that if, in the opinion of the court, the offence
deserves a higher punishment, the court may apply such
punishments cumulatively, or may award a fine ( multa ) or sentence
the offender to imprisonment for a term not exceeding one month.
(2) Where any person is convicted of any offence under
sections 4, 5 and 6, the coal in respect of which the offence was
committed shall be forfeited:
  Provided that any person, other than the offender, who shall
satisfy the Commissioner of Police that he is the lawful owner or
possessor of the coal seized, shall be entitled to the restitution
thereof.
 Definition of  
"coal-dealer". 
Added by: 
VIII.1916.2.
8. For the purposes of sections 4, 5 and 6, the expression
“coal-dealer” shall mean any person who, not being a regular coal-
importer, trades in coal.
Saving as to other 
laws.
 9 . Nothing in this Ordinance shall affect any other provision
of law in force relating to fishing.
