DIAMOND CUTTING: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(section 34)
(14th November, 1980)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Application for licence
3. Licence
4. Annual charge
5. Notes
6. Packing and sealing of diamonds for export
7. Diamonds to be sent by registered post
8. Application for permit to export, etc.
9. Issue of permit
10. Record to be kept by licensee
11. Daily record
12. Recognizance
13. Manner of printing name, style, etc. of licensee
Schedule – Forms
S.I. 128, 1980,
S.I. 12, 2008.
These Regulations may be cited as the Diamond Cutting Regulations.
An application for a licence, in terms of section 6 of the Act, shall be in Form 1 set out in the Schedule.
A licence issued in terms of section 4 of the Act shall be in Form 2 set out in the Schedule.
The annual charge for a licence, under section 5 of the Act, shall be as follows—
diamond cutter’s licence …………………… P100.
diamond research licence ………………… P100.
diamond toolmaker’s licence …………….. P100.
(1) A note of sale and purchase or of delivery and receipt, under section 17 of the Act, shall be in Form 3 set out in the Schedule, which note shall be retained by the licensee for a period of at least five years.
(2) Any person who falsely completes any note required under subregulation (1) shall be guilty of an offence and liable on conviction thereof to a fine not exceeding P300 or to a term of imprisonment not exceeding six months.
6. Packing and sealing of diamonds for export
(1) The packing and sealing of diamonds for export in accordance with sections 20 and 21 of the Act shall be in the following manner—
(a) the diamonds shall be placed in a box, which box shall be wrapped in two coverings of linen-lined paper;
(b) in the presence of the Mining Commissioner or his designated representative, the inner cover shall be sealed with the seal of the exporter at two or more places and the address of the consignee shall be inscribed thereon; and
(c) the outer cover shall be tied over the box with tape and sealed in four places with the seal of the exporter, the end of the tape to bear the seal or other identification of the Mining Commissioner, and shall bear thereon the address of the consignee, the signature of the Mining Commissioner or his designated representative and the date of the sealing.
(2) For the purposes of this regulation “diamonds” means a cut or an unpolished diamond.
7. Diamonds to be sent by registered post
Where diamonds are to be sent by mail, such diamonds shall be packed and sealed in the manner prescribed for consignment by registered post in accordance with the provisions of the Post Office Act (Cap. 72:01).
8. Application for permit to export, etc.
An application for a permit to export or sell or deliver or dispose of any unpolished diamond, in terms of section 20 of the Act, shall, with the written approval of the Director of Mineral Affairs or his or her representative, be made to the Minister, in Form 4 set out in the Schedule.
A permit issued under regulation 8 shall be in Form 5 set out in the Schedule.
10. Record to be kept by licensee
(1) The record to be kept by a licensee in terms of section 22 of the Act shall be in Form 6 set out in the Schedule.
(2) In recording the particulars prescribed by this regulation a diamond of a value of P2000 or more or of a weight of 10 carats or more shall be recorded separately.
A daily record, in terms of section 24 of the Act, shall be in Form 7 set out in the Schedule.
A recognizance, in terms of section 11, shall be in Form 8 set out in the Schedule.
13. Manner of printing name, style, etc., of licensee
The particulars required to be affixed by a licensee or a body whose nominee is licensed under the Act, in terms of section 15(4) of the Act, shall be printed in capital letters at least five centimetres in height and be plainly visible and legible.
SCHEDULE
Form 1
APPLICATION FOR A LICENCE
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 6 and regulation 2) |
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1. (a) Full name …………………………………………………………………………………………….. |
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(b) Date of birth …………………………………………………………………………………………… |
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(c) Nationality (state name of country)………………………………………………………………. |
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2. Residential address …………………………………………………………………………………………. |
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3. Occupation ……………………………………………………………………………………………………. |
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4. If not a citizen of Botswana: |
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(a) state date of arrival in Botswana |
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(b) give particulars of employment or occupation prior to entry into Botswana: |
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Period of employment or occupation |
Capacity |
Place |
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5. (a) State capacity in which application is made (personal/director of company/partner) …………………………………………… |
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(b) If in partnership, state: |
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(i) name(s) of other partners …………………………………………………………………… |
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……………………………………………………………………………………………………. |
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(ii) date(s) of birth ………………………………………………………………………………… |
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(iii) nationalities (state name of country) …………………………………………………….. |
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(iv) occupation(s) …………………………………………………………………………………. |
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6. State class of licence applied for: …………………………………………………………………….. diamond cutter’s/diamond research/diamond toolmaker’s |
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7. Give particulars of plant you propose to erect at commencement of operations: |
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No. |
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(a) cutting machines |
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(b) mills |
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(c) sawing machines |
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(d) other (specify) |
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8. Give number to be employed of the following: |
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No. |
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(a) cleavers |
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(b) cutters |
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(c) polishers |
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(d) sawyers |
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(e) other (specify) |
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9. State financial position: |
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(a) value of property |
P ……………………………………. |
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(b) cash on hand |
P ……………………………………. |
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(c) other assets |
P ……………………………………. |
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(d) capital you intend to invest |
P ……………………………………. |
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(e) will you receive financial support? If yes, state: |
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(ii) amount of financial support P ……………………………………. (iii) conditions on which such support will be given ………………………………..
……………………………………………………………………………………………………………
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(This information to be supported by such documentary evidence as the Minister may require.) …………………………………………………………………………………………………………….
10. (a) Have you ever been declared insolvent? ………………………………………………………..
(b) If “Yes”, state whether and when rehabilitated …………………………………………………
11. (a) Have you ever been convicted of an offence within or outside Botswana? ………………
(b) If “Yes”, state:
(i) nature of offence ………………………………………………………………………………
(ii) penalty imposed ………………………………………………………………………………
(iii) where convicted ……………………………………………………………………………….
I, the undersigned, am aware that any statement I have made in this application which is false or incomplete will automatically render me ineligible to be issued with the licence applied for and liable to prosecution. I swear that the above information is true and complete.
Date .………………………………………………….
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Signature of Applicant
SWORN before me at …………………… this ……………….. day of ………………………. 20………..
………………………………………………………….
Commissioner of Oaths
Form 2
LICENCE
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 4 and regulation 3) |
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No. …………………. |
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…………………………………………………………………………………………………………… is hereby |
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licensed under section 4 of the Diamond Cutting Act, to: |
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(a) carry on the business or trade of diamond cutting; |
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(b) conduct research into the physical properties of diamonds, the uses to which diamonds can be put and cognate matters; or |
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(c) set rough or uncut diamonds, not suitable for polishing, in tools or implements, or to crush or alter such diamonds for that purpose or for purposes of trade, |
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in premises situated at ………………………………………………………………………………………….. |
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for ……………………………………………….. year(s) subject to the following conditions: |
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………………………………………………………………………………………………………………………… |
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………………………………………………………………………………………………………………………… |
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…………………………………………………………. |
* Delete where inapplicable.
Form 3
NOTE OF SALE AND PURCHASE OR DELIVERY AND RECEIPT
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 17 and regulation 5) |
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Name …………………………………………………… Licence No. …………………………………………. |
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Address …………………………………………………………………………………………………………….. |
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Sold to …………………………………………………………………………………………………………….. |
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Purchased from …………………………………………………………………………………………………. |
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Delivered to ………………………………………………………………………………………………………. |
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Received from ……………………………………………………………………………………………………. |
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Details of parcel (any stone valued at P2000 or over or of 10 carats or over to be specified separately): |
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Carats |
Price |
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Certified correct |
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Certified correct |
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Date ………………………………………………….. |
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* Delete where inapplicable.
Form 4
APPLICATION FOR PERMIT
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 20 and regulation 8) |
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I, ……………………………………………………………………………………………………………………… |
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of …………………………………………………………………………………………………………………….. |
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hereby apply for a permit to export/sell/deliver/dispose of ………………………………… carats of |
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(state class of diamonds) ………………………………………………………………………………………. |
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to the value of P…………. |
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to …………………………………………………………………………………………………………………….. |
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of …………………………………………………………………………………………………………………….. |
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Date …………………………………………………………………………………………………………………. |
* Delete where inapplicable.
Form 5
PERMIT
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap 66:04) |
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(section 20 and regulation 9) |
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Permission is hereby granted to ………………………………………………………………………….. |
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of …………………………………………………………………………………………………………………….. |
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to export/sell/deliver/dispose of …………………….. carats of (state class of diamonds) |
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to the value of P ………………………………………………………………………………………………….. |
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to …………………………………………………………………………………………………………………….. |
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of …………………………………………………………………………………………………………………….. |
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………………………………………………….. |
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Date ………………………………………………….. |
* Delete where inapplicable.
Form 6
RECORD
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 22 and regulation 10) |
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A copy of this record, detailing the previous month’s transactions, shall be sent to the Mining Commissioner within 14 days of the end of each month. |
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Diamonds purchased or received |
Diamonds sawn or cut |
Diamonds polished |
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Date of purchase or receipt |
Class of Diamonds |
Name and address of consignor, seller or owner |
No. of stones |
Details of parcel (a) |
No. of stones |
carat |
Selling value P |
No. of stones |
carat |
Selling value P ** |
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Diamonds delivered/sold/exported |
Diamonds on hand |
Remarks |
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Date |
Class of diamonds |
Name and address of person to whom delivered/sold/exported |
No. of stones |
Carat |
Selling value P |
Class of diamonds |
No. of stones |
Carat |
Market value P |
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I, ……………………………………, do hereby declare that the above is a true and correct copy of the record. |
* A. Polished; B. partly manufactured; C. rough; D. fragments.
(a) Single stones each valued at P2000 or over or of 10 carats or over to be specified separately.
(b) In the case of receipts other than for purchases, the market value shall be stated.
** In the case of disposal other than sales, the market value shall be stated.
Form 7
DAILY RECORD
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 24 and regulation 11) |
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Date of issue |
Name of employee |
Number |
Weight |
Diamonds returned |
Date returned |
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Number |
Weight |
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Form 8
RECOGNIZANCE
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REPUBLIC OF BOTSWANA |
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DIAMOND CUTTING ACT |
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(Cap. 66:04) |
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(section 11 and regulation 12) |
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WHEREAS on the ………………………………………. day of ……………………………….. 20……….. |
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there appeared before me, …………………………………………………………., the following persons: |
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(a) …………………………………………………………………………………………………………… |
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(b) …………………………………………………………………………………………………………… |
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(c) …………………………………………………………………………………………………………… |
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who in my presence and in the presence of each other acknowledge themselves to owe to the Government of Botswana the sum of P1 000 and, in the event of the said (a) …………………. |
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(insert class of licence) |
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issued to him in terms of section 7 of the Diamond Cutting Act, at any time during the currency of the licence failing or neglecting to comply with the conditions herein contained, to be jointly and severally liable therefor. |
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AND WHEREAS the said (b) ……………………………………………………………………………… |
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and (c) …………………………………………………………………. have, at the same time, expressly renounced the benefits arising out of the exceptions ordinis seu excussionis et divisionis, and have acknowledged themselves to be well acquainted with the meaning and effect of these exceptions. |
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AND WHEREAS the said- (a) ………………………………………………………………………………………………………………. |
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(b) ………………………………………………………………………………………………………… and |
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(c) ……………………………………………………………………………………………………………….. have agreed and declared to bind themselves, their heirs, executors and assigns as sureties and co-principals for the due payment within one month of the said sum of P1000 becoming due and payable under this recognizance: |
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CONDITIONS |
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1. The said (a) ………………………………………………………………………………………………. shall at all times during the currency of the licence issued to him comply strictly with the provisions of the Diamond Cutting Act, any regulations made thereunder and any condition subject to which the licence was granted. |
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2. Notwithstanding anything to the contrary herein contained, in the case of any offence which may be committed by the said (a) ……………………………………………………………… under the Diamond Cutting Act, during the currency of his licence, this recognizance shall remain enforceable for a period of two years following the expiry of the licence. |
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IN WITNESS whereof the said- (a) ………………………………………………………………………………………………………………. |
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(b) …………………………………………………………………………………………………………. and |
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(c) …………………………………………………………………………………………………………. have |
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hereunto set their hands in my presence this ………………. day of ……………….. 20 …………….. |
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Signed (a) …………………………………………… |
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Signed (b) …………………………………………… |
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Signed (c) …………………………………………… |
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