The Non-Citizens (Trade and Business) Act, 1966 Short tite.

Assented to January, 1966. (Ls) No. 6 in Her Majesty's name this 31st day of NUSTICE Sierra Leone H. J. L. BOSTON, GovernOr-General The Non-Citizens (Trade and Business) Act, 1966 Short tite. Being an Act to Exclude Non-Citizens from Certain Trades or Business in Certain Areas and from other Industries and to prevent Non Citizens from opening New Business and to Encourage Industry and Business Promoted by Citizens of Sierra Leone Date of BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of the same. as follows: A 29 [3rd February, 1966.] commencement. A 30 Interpreta tion. No. 6 areas. Non-Citizens (Trade and Business) 1966

In this Act and in any other Act dealing with matters relatingto trade or business unless the contrary intention appears ** business "" includes every trade, occupation or profession and relates not merely to a life long or universal business or a long undertaking, but to any separate commercial venture in which any person may embark; citizen" means subject to paragraph (c) of the definition of non-citizen " under this section an individual who is 2 citizen of Sierra Leone by virtue of the provision of Chapter I of theConstitution 'or any enactment made in accordance therewith; investor" includes any shareholder or any other persoD who not being a shareholder has a financial interest in the affairs of the company or business of value not below 20,000 leones; places of entertainment or refreshment "" means cinemas. theatres and cafes or hotels or other similar establishments which are reputable places of public resort for entertainmeat or refreshment; Minister " means the Minister for the time being charged with responsibility for matters relating to traie. 6 non-citizen '9 means (a) any individual who is not a citizen of Sierra Leone; and (b) any company, association or body of persons (corporzi or incorporate) (i) in which more than half of the members 2re persons who are not citizens of Sierra LeoDe:oT (iü) which by any means is controlled whether directy or indirectly by such persons; or (iii) in the case of a com pany having a share capial in which more than one half of the share capital is held beneficially by or on behalf of or in trust for such persons; (c) any citizen carrying on business which either before or after the commencement of this Act is by any mem vested in him as owner Or proprietor aS the cas m2T be. but which in fact is directly or indirecy oand or controlled, in any way whatsoever b D0 retail " means the sale of goods to the general putbic such quantities as the Minister may by Order speci. trade" means the exchange of goods for moaeg ot mOOegs worth and also the importation or exportatioa oe goods iato or out of Sierra Leone. Declaration 2. (1) The Minister may from time to time by Orier daciare citizen; of rest ricted any area in Sierra Leone to be a restricted area Non Citi:cns (7'tude und Business) (2) Any non-citizcn engapcd in any business or rctail tradein a rcstricted area shall within such period as theo Minister may pemit bcing nol less th1 Nix months, in the case of any busincss, or less thun thrce onths in the cAsc of any retail trade, from the datc of an Order mado under subsection (), ccase to opcrate or Durticipate in buinCsN Or rotail trade in such restricted arca.

() AN Iron the commenccmcnt of this At no 10l)-citizen Non-Citizenslallengage in any ncw busincss or retail tradc, or open a new branch not to openof un cxisting busincss or rctail trade without the prior approval 1ew of the Minister in writing. (2) Any busincss or retail trade conducted by a non-citizenin premises other than those occupicd by him on thc Ist day of April, 1965, shall be deemed to be anew branch for the purposcs of subsection (1). (3) II ny qucslion arises as to whcthcr any pcrson is Qucstions Crrying on a busincss or rctail trade, or whether or not premiscs to be refcrred havc or have not been cxtended, the matter may be referred to the to the deciMinister whosc decision on such matter shall not be qucstioncd by Minister. sion of the any court. (2) A cantcen provided cxclusively for the benefit of the employcc of any non-citizen and not so run or managed for profit shall be cxemptcd from thc provisions of this Act.

() Non-citizens owning or managing any place of cntcr- Places oflainment or refreshment or supermarkcts duly registered under cntcrtain section 6 may be exempted from all or any of the provisions of any Orders made by the Minister under this Act. (a) the manufacture of cement blocks for sale; (b) the supply of granite, stone or sand; A 31

(1) Non-citizens shallwithin suclh period as the Minister may Non-citizenpermit, not being less than six months from the commencement of to ccascoperating this Act cease to operate or participate in any of the following rtin businesses or retail tradc business. (c) the provision of transport by road, sca or river whether for his own business or otherwise: businoss. Provided that any non-citizen now operating vehiclcs orvessels in the ordinary course of a business) undertaking (which is not a transport undertaking may continue to operate the vehicles or vessels operated by him at the commencement of this Act and may replace such vehicles or vessels with the prior approval of the Minister: Provided further that any non-citizen authorised to engage in any new business or retail trade under the provisions of scction 3 as the case may be, may with the prior approval of the Minister in writing provide transport for the purpose of his own business: (d) Bakeries: Incnt or rcfreshmcnts, supermarkets and cantcens A 32 No. 62 of 1964. No. 6 Registration of business, trade and entertain nent hoUses. \on-Ciiizens Iradr .nd Busiis 1906 Provided that anv non-citizen who at the commen ment of this Act is operating a bakery mav continue to operate the bakery from existing premises so long as those premises are not extended: (e) Manufacture of Mineral Waters: Provided that any non-citizen who is operating a Mineral Water Factory at the commencement of this Act may continue to use the existing premises for this purpose so long as those premises are not extended: (f) any other business or retail trade as the Minister mav from time to time by Order in the Gazette stipulate: Provided that where the Minister makes an Order under this paragraph the aforesaid period of six months shall begin to run as fromm the commencement of the Order. (2) In this section "transport undertaking" means the operation of any vehicle or vessel for hire or for the transport of passengers or goods not employed by or belonging to the owner of such vehicle or vessel and for the purposes of this subsection owner * has the meaning assigned to it in section 2 of the Road Traffic Act, 1964.

(1) Every non-citizen who receives approval which may begiven under this Act or exempted from any Orders made by the Minister under this Act shall register and upon registration shall pay such fee as the Minister may by Order in the Gazette preseribe on the issue of a registration certificate. Such certificate shall be on such conditions and subject to such restriction, if any, as the Minister may specify therein. (2) Every certificate shall be valid for twelve months calculated from the date upon which it was issued and thereafter may be renewable for a further period and for such fee as the Minister may by Order in the Gazette prescribe: Provided that the fee prescribed in respect of supermarkets shall not be less than two hundred and fifty leones. (3) Any person who fails to register when required under this section to do so or destroys or mutilates any certificate issued under this section shall be guilty of an offence and shall on summary conviction be liatble to imprisonment for twelve months, or to a fine not exceeding three hundred leones, or to both such fine and im prisonment. 1906 AJ3

() Anv ivesOr in sN whom an Order or decision Appeal tromis made tay apal to the GOremorGeneral against such Order or Order of dan mthin thN mntths EveN sUch apal shall be in writing Minister toGovernor General.smiiing the grunts and rasns un which the apeal is made, a shall dvitni with the rtanent SNTtarY o the Ministry nwn ith the admitistration of matterS elatitg to trade. () The GovemoGeneral mav entertain an appeal by any invsor who ia agrievni v anv Order or deision ot the Minister made in pusuanN o the ovisions of this Act, and his decision unn the same shall not questionad in anv ourt ot law. () For the purpse of appeal the Governor-General nay sN up n AdisON COmmittee Vnsisting of esons who shall be arminti by hinn thom tinme to tinte to be members of such Com The functions of the Committee ittee one shall the Chaiman. shall e to onsider and make mVmmendations to the Governor General with smt o any apeal which the Governor-General may erto it. (4) The Commirte shall determine the manner in which the appeal against the Order or deision of the Minister may be onsided bvit and mav Neiie Or inspt any documents submitted toit hy. or or hear any eNoNwhm it onsiders can be of assistance to it in its deliberations, (S) Pending the onsideration of and decision upon any appeal under this stion the Onder or deision appealed from shall emain in full fore and ettt. S. In any case where the Prime linister is satistied that it is Exemption. desirable inthe national interest for the protevtion orencouragement of any intant industry or businesS operated by citzens of Sierra Leone he mav advise the Governor-General who acting in acor dance with such advie shall exercise the pOweN conterred upon him by subsection (4) of stion 9 of the Income Tax Act, sections 27 Cap. 273. Cap. 271. Cap. 272, and 37 of the Customs Act and setion 15 of the Customs Taritt Act for the benefit of such industry or business to such extent as the Prime Mlinister may deem expedient.

Any non-citizen who contravenes or fails to comply with penalty,the provisions of stions 2, 3, 4 or 5 shall be guilty of an oflence against this Act and liable to a fine not exceeding ten thousand leones (and in the case of a continuing ofence) to a further penalty re coverable at the instance of the Attorney-General not exceeding fifty leones per day for each day after written notice of the offence has been served on him or to imprisonment for a period not exceed ing three years and in addition to any of the toregoing penalties the Court by whom such person is convicted may recommend that an Expulsion Order be made against him under section 2l of the Non-Citizens (Registration, Immigration and Expulsion) Act, 1965. Act. No. 14 of1965.

1965 is hereby repealed, except that all Orders made and all proceed Act No. 30 of 1965. ings instituted under the repealed Act shall continue in force as if such Orders were made and such proceedings instituted under this A34 No. 6 Non-Citizens (Trade and Business) 1966 Passed in the House of Representatives this 1lth day of January, in the year of our Lord one thousand nine hundred and sixty-six. MP, SF/MTI/14/33. S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED IMPRESSION has been carefully compared by me witlh the Bill which has passed the House of Representatives and found by me to be a true and correctly printed copy of the said Bill. S. V. WRIGHT, Clerk of the House of Representatives.