The Control of Goods Act, Short title 1962

Assented to in Her Majesty's nane this 15th day of February, 1962. (LS No. 6 MAURICE H. DORMAN, FREEDO STICE Sierra Leone Governor-General. An. Act to Provide for the Control of the Movement. Consumption, Use, Keeping, Storage, Purchase and Sale of Goods and of the Prices at which Goods may be sold, and for Matters Incidental thereto Date of (31st October, 1961] CoT BE IT ENACTED by the Queen's Most Excellent Majesty, by andwith the advice and consent of the House of Representatives in this present Parliament assembled, and by the authority of thesame, as follows: commence ment.

1962 and shall be deemed to have come into operation on the and com 3lst day of October, 1961. mencement. A 19 A 20 Power to de clare con trolledgoods Appoint ment of Controlersand other oficers. Power to make rules. No. 6

Control of Goods The Governor-General may by Order declare any goods of classes of goods, other than ships and aircraft, to be controlled gOods, and upon the coming into force of any such Order the provisions of this Act shall apply to such goods or classes of goods.

Controllers as he may think fit, cither for Sierra Leone as a wholc or for any part thercof, and cither in respect of controlled goods generally or in respect of any particular class or classes of controlled goods, and such subordinate officers as he may Consider nccssary, for the purposes of this Act.

() The Governor-Gencral may make rules for all or anyof the following purposcs (a) conferring upon Controllers and subordinate oflicers such powers as he may consider necessary or expedient for the purposes of this Act and for giving ellect to the provisions of any rules made thereunder; (b) providing for the delegation by any Controller to any subordinate officer of any powers conferred upon, such Controller by rules made under this (c) fixing or regulating the prices. at which any controlled goods may be sold, or prescribing the manner in which and the perSOn or persóns by whom such prices may be fixed or regulated ; (d) prohibiting, restricting or regulating the movement of any controlled goods within Sierra Leone; (e) prohibiting, restricting or regulating the consump tion or use of any controlled goods, and for such purpose providing, if the Governor-General thinks fit. for the supply and distribution of any controlled goods to be regulated by a system of rationing: ) prohibiting, restricting or regulating the storage or keeping of stocks of any controlled goods ; (3) prohibiting, restricting or regulating the sale orpurchase of any controlled goods; (h) prohibiting the doing of anything regulated orrestricted as aforesaid except under a licencegranted by such authority or person as the Governor-General may specify and subject tosuch conditions as may be expressed therein, andprescribing the fee to be paid for any suchlicence; section ; No. 6 Control of Goods 1962 (i) requisitioning any controlled goods, and making such provisio as appears to lhe Governor General to be ncccssary or expedicnt in conncction therewith, provided that any such rule shall include provision for the payment of compensa lion in respect of goods so requisitioncd: (() requiting persons carrying on or cmploycd in any trade or business in the coutse of which any controlled goods arc movcd, consumed, used, stored, kept, sold, purchased or otherwise dealt with or disposed of to kcep such books, accounts or other documentary records, and to produce the same on demand to suclh pcrsons, and to furnish such rcturns in such manncr and form and at such times as he may prescribe: (k) providing for malters relating to cvidencc, and for the burden of proof. in any procecdings under this Act. (2) i shall be lawful for the Governor-General. in any Penalties. rule made under this section, to presribe penalties for any contravention thereof: Provided that such penalties shall not exceed (i) where an individual is convicted on information, imprisonment for a term not exceeding one year, or a fine not exceeding one hundred pounds, or both such imprisonment and such fine; and, in the case of a second or subsequent offence, imprisonment for a termn not exceeding two yearS, or a fine not exceeding one thousand pounds, or both such imprisonment and such fine; (ii) Where an individual is convicted summarily, term not exceeding threeimprisonment for a months, or a fine of fifty pounds, or both such imprisonment and such fine; and, in the case of a second or subsequent offence, imprisonment for aterm not exceeding six months, or a fine of one hundred pounds, or both such imprisonment and such fine; (ii) where a body corporate is convicted on informa tion, a fine: (iv) where a body corporate is convicted summarily. a fine not exceeding one hundred pounds; and, in the case of a second offence, a fine not exceeding two hundred and fifty pounds. A 21

(1) Any magistrate, any justice of the peace, any police Power_ ofentry, searchoffcer in uniform, of or above the rank of sergeant, may, if he and seizure. is satisfied that there are sufficient grounds for believing that any controlled goods are being kept or stored in any place or premises, contrary to the provisions of this Act or any rules made thereunder, enter and search such place or premises and A 22 Obstruction An offence. Liability of directors Liability of partners. No. 6 Liability of employers. Control of Goods 1962 examine anything found therein or cause the same to be entered and scarchcd and anything found thercin to be examined' by a person specially authoriscd by him in writing in that behalf, and it shall be lawful for any person having entered any place or premises as aforesaid to seize, remove and detain any controlled goods 'and any books or documents which he has reason to believe may contain entries or particulars relating to any con trolled goods, which he may find thercin. (2) Witlhout prejudice to the provisions of any other law for the time being in force in Sierra Leone, it shall be an offence to obstruct any person doing or preparing to do any act which he may lawfully do under the provisions of this section, and any person convicted of causing or of conspiring or attempting to causce or of instigating or aiding such obstruction shall be liable

Act or of a contravention of any rule made thereunder is a body of bodiesF hodicorporate, every person wh0, at the time of such contravention, corporate. (u) on conviction on infornnation, to imprisonment for a term not exceeding two years, or a fine not exceeding five hundred pounds, or both such imprisonment and such fine: (b) on summary conviction, to imprisonment for a term 'not exceeding six months, or a fine not exceeding fifty pounds, or both such imprison ment and such fine. was a director or officer of such body .corporate shall be deemed to be gulty of such contravention, unless he proves th¡t it was committed without his consent or connivance and that he exercised all such diligence to prevent its commission as he cught to have exercised having regard to the nature of his functions as a director or oficer of such body corporate and to alI the circumstances. (2) Where any trade or business is carried on by a firm consisting of two or more partners, every partner in such firm shall be liable for the acts or omissions of any other partner so far as they concern such trade or business, and if any partner in such firm is convicted of an offence against this Act or of contravention of any rule made thereunder every other partner shall be deemed to. be guilty of such offence or contravention unless he proves that it was committed without his consent or connivance and that he exercised all such diligence to prevent its commission as he ought to have cxercised having regard to the nature of his functions as a partner in such trade or busineSS and to all the circumstances. (3) Any person who enmploys for the purpose of his trade or business any agent, clerk or servant shall be responsible for the acts or omissions of such agent, clerk or servant so tat as they concern such trade or business, and if such agent, clerk pr servant is convicted of an offence against this Act or ot a No. 6 Control of Goods 1962 .contravention of any rule made thereunder the employer of such agent, clerk or servant shall be dccmed to be guilty of such offence Or contravention unless hc proves that it was committediwithout his consent or connivance and that he exercised all easonable diligence to prevent its comnmission. ti? 7. (1). Where any person is convicted of an ollence against Power of: this Act or of a contravention of any rule made thereunder, the Court to Court sö convicting him may, at its discretion and on application prohibit made to it by or on behalf of the Attorney-General, with or with- fromoffenders out imposing any other penalty. make such order, including an cafrying on order for the closing of any premises, as it thinks fit for prevent- business. ing such person, during such period as may be specified in the order, from carrying on, or being concerned in any manner either directly or indirectly with carrying on, the business in the course of or in relation to which such offence or contravention was committed, or any branch of such business or any business or branch of a business of a similar character, and if any person contravenes an .order made under this subsection he shall be liable (a) on conviction on information, to imprisonment for a term not exceeding twO years ; or (6) on summary conviction, to imprisonment for a term not exceeding 'siX months; and where the person contravening such order is: a . body Corporate, such body corporate shall be liable, on conviction on information, to a fine or, on summary conviction, to a fine not exceeding one hundred pounds. -: 2p Where any person is cònvicted of a contravention of any rule made under this Act, the Court so convicting him may with or without imposing any other penalty order the forfei- i. ture to the Crown of any controlled goods in respect of which such contravention was committed and in the case of a contra vention of any rule regulating, restricting or prohibiting the movement of any controlled goods may likewise order the forfeiture of any vessel, vehicle, or animal in or by which such go0ds were moved in contravention of such rule. (3) The powers conferred upon the Court by cither of the preceding sub-scctions shall be exercisable without prejudiceto the powers conferred by the other. A23

(1) Any order or rule made undei this Act shall be laid Anaulmentbefore the House of Representatives as soon as may be after it is of ordersmade and if the House of Representatives within the period of and rules bythe House of ten days beginning with the day on which each such order or rule Representa is laid before it resolves that such order or rule, as the case may tives. tbe, be annulled, it shall cease to have effect, but without prejudicelo anything previously done thereunder or tÍ the making of any new order or rule, as the case may be, A 24 No. 6 this Act. Control of Goods 1962 (2) In reckoning any period for the purposes of this section, no account shall be taken of any time during which the House of Representatives is dissolved or prorogued or during which the House of Representatives is adjourned for more than four days.

Rules and Orders Control of Goods Act shall be dcemed to have been made under made under the provisions of this Act, and shall continue in force until other Cap. 228 deemed to be provisions shall be nade by virtue of this Act. made under Passed in the House of Representatives this 12th day of January, in the year of our Lord one thousand nine hundred and sixty-two. M.P. C/MT1 /3 /26 S. V. WRIGHT. Clerk of.the House of Representatives. THIS PRINTED ÍMPRESSION has been carefully compared by' me with 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.