*SECOND-HAND DEALERS ACT 1946

This Act may be cited as the Second-hand Dealers Act 1946, and shall come into operation on the first day of August 1946.

This Act shall apply only in Peninsular Malaysia.

Interpretation

In this Act, unless the context otherwise requires—

“district” means any area administered as a Police district or sub-district;

“licensed dealer” means a dealer licensed under this Act or exempted from being so licensed who deals in second-hand goods only, or in such goods together with goods which are not second-hand;

“licensing officer” means the Chief Police Officer and includes any police officer to whom he may have deputed his powers under section 3;

6 Laws of Malaysia ACT 189

“Minister” means the Minister charged with responsibility for the regulation of dealers in second-hand goods;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“motor vehicle part” means any component part of a motor vehicle and any tyre, tube, lamp, tool or other fitting, accessory, attachment or equipment of a motor vehicle;

“person” includes a firm or a person carrying on business in a firm’s name;

“shop” includes a house, place of business or other premises;

“stolen property” means property the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust or cheating has been committed, whether the transfer has been made or the misappropriation or breach of trust or cheating has been committed within or without Malaysia; but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property;

“Peninsular Malaysia” has the meaning assigned thereto by section 3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes the Federal Territory.

Presumption

Every person in whose possession second-hand goods are found apparently exposed for sale, or who is found in possession of second-hand goods in an unusual quantity, shall be deemed, until the contrary is proved, to be a dealer in second-hand goods.

Second-Hand Dealers 7

Exemption

Nothing in this Act shall apply to the repurchase by a goldsmith or jeweller of articles of jewellery sold by him.

Licensing officers

Every licensed dealer shall keep his licence posted in a conspicuous place in his shop.

Every licensed dealer shall keep exhibited at or over the outer door of his shop a sign-board, of such size and in such position as the licensing officer directs, which shall have printed thereon in the

National Language and in the English, Chinese and Tamil languages the words “Licensed Dealer in Second-hand Goods”.

Any licensed dealer who fails to comply with this section shall, on conviction, be liable to a fine not exceeding two hundred ringgit.

Hours of business

shall be issued by the licensing officer of the area wherein the person licensed carries on business, on payment of the prescribed fee;

shall expire on the thirty-first day of December in the year in which it is issued; and

shall not be transferable except with the consent of the

Chief Police Officer and on payment of the prescribed fee, but in no case shall such a licence be issued unless the fingerprints of the person applying to be licensed have been taken by the licensing officer.

Cancellation

a book, legibly written in the National Language or in

English, in which he shall enter the particulars of all goods bought by him, with the date of the purchase, the price paid for them and the name and address of the person from whom he bought them and such other particulars as may be prescribed; and

a book, legibly written, in the National Language or in

English in which he shall enter the particulars of all goods sold by him with the date of sale, the price

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received for them and the name and address of the person to whom he sold them and such other particulars as may be prescribed.

Such books shall be produced for examination at any time on demand by a Magistrate or by a police officer not below the rank of sergeant.

Any licensed dealer who fails to comply with this section shall, on conviction, be liable, for a first offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term which may extend to six months, or to both, and, for a second or subsequent offence, to imprisonment for a term which may extend to two years.

Information of stolen property

If any property answering to the lists and descriptions is in the possession of any licensed dealer or is thereafter offered to or shown to any licensed dealer, he shall without unnecessary delay give information to that effect at the nearest police station or to any police officer, with the name and address of the person from whom he acquired or who offered or showed him the same.

Any licensed dealer failing to give information as required by subsection (2) shall, on conviction, be liable, for a first offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term which may extend to six months, or to both, and, for a second or subsequent offence, to imprisonment for a term which may extend to two years, and, where the stolen property consists, in whole or in part, of motor vehicle parts, the licensed dealer shall, on conviction, be liable, whether for a first or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term which may extend to five years, or to both.

Second-Hand Dealers 11

The licensed dealer in such case may also detain the person offering or showing such property until the arrival of the police.

Reports of purchases or sales of motor vehicle parts

Any licensed dealer who, without reasonable excuse, fails to comply with such order, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand ringgit or to both.

Police officers may enter and search licensed dealers’ shops, etc.

If any property is produced which the police officer has reason to suspect to be stolen property, he may take or cause to be taken the person and property to the nearest police station, there to be dealt with according to law.

If any person so required to produce such property refuses to be searched, the police officer may take him or cause him to be taken before a Magistrate, who, if he sees fit, may search or order to be searched such person and, if any such property is found, may detain him with the property so found to be dealt with according to law.

Delivery to owner

The court may also adjourn the proceedings for the attendance of the licensed dealer and may summon the licensed dealer to attend at the adjourned hearing.

If, after hearing the licensed dealer, the court is of the opinion that the licensed dealer has not exercised due care in purchasing any stolen property, it may order the licensed dealer to pay a fine not exceeding two thousand ringgit or to undergo imprisonment for a term which may extend to three months, or to suffer both such penalties and, if the property consists, in whole or in part, of motor vehicle parts, the court may order the licensed dealer to pay a fine not exceeding twenty thousand ringgit or to undergo imprisonment for a term which may extend to three years, or to suffer both such penalties.

Second-Hand Dealers 13

Liability of dealer and servant for acts of servant

Every agent or servant employed by a licensed dealer in the course of his business as such who does or omits to do anything which would, under this Act, be an offence if done or omitted to be done by the licensed dealer, shall be deemed to be guilty of the offence and shall be liable to the punishment prescribed therefor.

Jurisdiction

to prescribe the fees for licences and exemptions and transfers of licences under this Act;

to prescribe the form of the exemptions under this Act;

to prescribe the conditions to be endorsed on licences issued under this Act;

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to prescribe the books to be kept by licensed dealers and the particulars to be entered therein; and

generally to carry out the purpose of this Act.

Power to vary Second Schedule

Gunny bags, sail cloth, canvas.

Bottles.

Old iron and metals other than brass, copper, lead, zinc and block tin.

Wooden and tin-lined boxes and cases.

Kerosene tins, old drums, and other similar empty receptacles.

THIRD SCHEDULE

[Section 6]

Federal Territory/State of …………

Permission is hereby granted to …………………………………………....…of

…………………………………… to deal in second-hand goods of the description thereunder mentioned.

Gunny bags, sail cloth, canvas.

Bottles.

Old iron and metals other than brass, copper, lead, zinc and block tin.

Wooden and tin-lined boxes and cases.

Kerosene tins, old drums, and other similar empty receptacles.

....................…………

Chief Police Officer

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FOURTH SCHEDULE

[Section 22]

The Second-hand Dealers Enactment of the Federated Malay States (Chapter 86).

The Second-hand Dealers Ordinance of the Straits Settlements (Chapter 215).

The Second-hand Dealers Enactment (No. 50) of the State of Johore.

The Second-hand Dealers Enactment of the State of Trengganu (Enactment No. 35

of 1356).

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Act 189

LIST OF AMENDMENTS

Amending law

Short title

In force from

M.U. Ord. 31/1946

Second-hand Dealers (Amendment)

Ordinance 1946

01-01-1947

F.M. Ord. 1/1948

Transfer of Powers Ordinance 1948

06-03-1948

L.N 332/1958

Federal Constitution (Modification of

Laws) (Ordinances and

Proclamations) Order 1958

13-11-1958

Act 29/1961

Second-hand Dealers (Amendment)

Act 1961 21-09-1961

18

Act 189

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Ord. 31/1946 01-01-1947

Act 29/1961 21-09-1961

3

5

11

12

Ord. 31/1946 01-01-1947

14

Ord. 31/1946 01-01-1947

Act 29/1961 21-09-1961

First Schedule

Third Schedule

Fourth Schedule

Ord. 31/1946 01-01-1947