Short title
1.
This Act may be cited as the Profession, Trade and Business Registration Act.
Interpretation
2.
For the purposes of this Act,
“annual registration fee” means the fee specified in the third column of the Fourth Schedule that is payable annually with respect to any profession, trade, business or calling mentioned in the First, Second or Third Schedule;
“business” means any activity engaged in which is an occupation, and includes a profession and trade;
“calling” includes any occupation not specified in the First, Second or Third Schedule;
“certificate of registration” means a certificate issued by the Registrar or Chief Labour Officer in accordance with this Act;
“first registration fee” means the fee specified in the second column of the Fourth Schedule which is payable on first registration with respect to any profession, trade, business or calling mentioned in the First, Second or Third Schedule;
“Minister” means the Minister responsible for Finance;
“person” means a person who is self-employed, and includes a company where the context so specifies;
“Registrar” means the Registrar of the Supreme Court;
“temporary registration fee” means the fee payable pursuant to an enactment specified in Part III of the First Schedule and set out in the Fifth Schedule; [1990-4; 2008-15]
“trade” includes a business, and every manufacture, adventure or concern in the nature of a trade or business.
Persons engaging in any profession, trade, business or calling to register
3.(1)
Subject to
section 5, every person who
(a)
is entitled to engage in any profession, trade, business or calling by virtue of any enactment referred to in Part II of the
First Schedule;
(b)
engages in or intends to engage in any profession, trade, business or calling specified in the
Second or
Third Schedule; or
shall register in accordance with subsection (2).
(2)
A person registering under this Act shall,
(a)
in the case of a person to whom paragraph (a) of subsection (1) applies, register with the Registrar in accordance with the provisions of the relevant enactment mentioned in Part II of the First Schedule;
(b)
in the case of a person mentioned in Part I of the Second Schedule, register with the Registrar;
(c)
in the case of any other person, register with the Chief Labour Officer,
and at the time of registration pay to the Registrar or the Chief Labour Officer, as the case may be, the first registration fee specified in the second column of the Fourth Schedule; but, where the registration of a person specified in Part I of the First Schedule takes place for the first time after the month of June in any year, that fee shall be reduced by one-twelfth for each month that has elapsed for that year. [2008-15]
(3)
A person who engages or intends to engage in more than one profession, trade, business or calling, whether or not mentioned in the First, Second or Third Schedule, shall register in respect of each such profession, trade, business or calling in accordance with subsection (1) and section 4.
(4)
The Registrar or the Chief Labour Officer, as the case may be, shall, in respect of each person registered in accordance with subsection (1) or (2) and section 4, issue him with a certificate of registration in such form as the Minister approves or a practising certificate as may be required by any enactment mentioned in Part II of the First Schedule. [2008-15]
Annual Registration
4.(1)
Subject to
section 5, every person registered in accordance with
section 3 or any enactment mentioned in Part II of the
First Schedule, shall, if he desires to be registered for any subsequent year, pay to the Registrar or Chief Labour Officer, as the case may be, the annual registration fee specified in the third column of the
Fourth Schedule.
[1982-42; 2008-15]
(2)
The annual registration fee is payable in the month of January in each year.
(3)
A person who is required to pay the annual registration fee under this section and who fails to pay that fee within the time specified in subsection (2) shall, in respect of his registration for that year, pay to the Registrar or Chief Labour Officer, as the case may be, in addition to that fee, a sum equal thereto.
Exemption of whole-time public officers from payment of registration fee
5.(1)
Subject to subsection (2), no fee is payable in respect of registration under this Act by any person to whom the proviso to section 72 of the
Constitution applies or who holds or is acting in the office of a Judge or who is employed on a whole-time basis in the public service.
(2)
Notwithstanding subsection (1), a person who is employed on a whole-time basis in the public service but who, in addition to such service, is authorised to engage in his profession, trade, business or calling shall register in accordance with section 3.
Temporary registration
5A.(1)
Any person who is entitled to be temporarily registered in accordance with an enactment specified in Part III of the
First Schedule shall pay to the Registrar at the time of registration, the fee determined in accordance with subsection (2) and set out in the
Fifth Schedule.
[1990-4; 2008-15]
(2)
The fee referred to in subsection (1) in respect of a person specified in Column 1 of the Fifth Schedule shall be that set out in the Third Column thereof opposite the person so specified and in respect of the relevant period.
Fees to be paid into Consolidated Fund
6.
All fees collected by the Registrar and the Chief Labour Officer in accordance with this Act shall be paid into the Consolidated Fund.
Registrar and Chief Labour Officer to keep Registers
7.
Notwithstanding anything contained in any enactment mentioned in Part II of the
First Schedule regarding the keeping of registers, the Registrar and the Chief Labour Officer shall keep registers in which they shall enter particulars with respect to any person required to be registered in accordance with
section 3 as follows
(a)
his full name and address;
(b)
his profession, trade, business or calling;
(c)
in the case of a profession, his qualifications and the dates of those qualifications; and
(d)
the dates of his first and subsequent registrations.
Registrar and chief Labour Officer to be informed of address etc., and penalty for failure to comply
8.(1)
Where a person is registered in accordance with
section 3 and there is a change in the particulars required under
paragraph (a) or
(b) of section 7, he shall inform the Registrar or Chief Labour Officer, as the case may be, of that change within one month thereof.
(2)
A person who fails, neglects or refuses to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine of $250.
Penalty for failure to register
9.(1)
Any person who fails, neglects or refuses to register in accordance with
section 3 or
4 and engages in any profession, trade, business or calling in contravention of this Act is guilty of an offence and liable on summary conviction to a fine of $500.
(2)
Where a person is convicted of an offence under subsection (1) and the offence continues after that conviction, he is guilty of another offence and liable to a further fine of $50 for every day or part thereof on which the offence continues.
Onus of proof
10.
In any proceedings under this Act, the burden of proving that the provision thereof has been complied with lies on the person against whom the proceedings were initiated.
Effect of failure or refusal to register
11.
Any person who, being a person required by
section 3 or
4 to register and pay a fee and who fails, neglects or refuses to pay that fee within the time referred to in
section 4 (2), shall be treated as being unregistered for the purposes of this Act.
Recovery of unpaid registration fees
12.
Without prejudice to
sections 9 and
11, any fee or penalty payable under this Act which remains unpaid after one month from the date on which that fee becomes payable may be recovered as a debt due to the Crown in civil proceedings before a magistrate of District “A” notwithstanding that the amount thereof exceeds the normal monetary limit on the jurisdiction of a magistrate’s court.
Minister may vary Schedule
13.
The Minister may by order
(a)
vary the Schedules to this Act; and
(b)
grant exemptions from registration under this Act.
Registers to be published
14.(1)
The Registrar shall publish or cause to be published in the Official Gazette, not later than 31st March in each year, separate lists in alphabetical order of persons who have at the 31st day of January in that year registered their names in respect of any profession.
(2)
The Chief Labour Officer shall publish in the month of April in each year, in such form as the Minister approves, the particulars required under section 7 regarding persons registered in respect of any profession, trade, business or calling specified in Part II of the Second Schedule and in the Third Schedule. [1982-42]
(3)
Where persons are registered after the publication referred to in subsection (1) or (2), the Registrar or the Chief Labour Officer shall publish the particulars as soon as practicable after such registrations.
Regulations
15.
The Minister may make regulations generally for the purpose of giving effect to the provisions of this Act.
