Occasional Trading Act, 1979

Restriction on occasional trading.

3.—(1) A person shall not engage in occasional trading unless he is, or is the servant or agent acting as such of, a person who holds an occasional trading permit for the time being in force and the occasional trading is in accordance with the permit.

(2) This section does not apply to occasional trading engaged in by a person within one month after the commencement of this Act at a premises or place of which the person has been in continuous occupation for a period of less than three months ending at the time of such trading.

(3) (a) This section does not apply to occasional trading engaged in by a person at a premises or place of which he has been in occupation for a continuous period of less than three months ending on the date of such trading if—

(i) he intends to occupy the premises or place for a continuous period of three months or more that includes the time of the trading aforesaid,

(ii) before he commences such trading, he makes, and gives to the Minister, a statutory declaration stating that intention, and

(iii) he occupies the premises or place for a continuous period of three months or more that includes the time of the trading aforesaid.

(b) A person who makes a statutory declaration for the purposes of this subsection without having reasonable grounds for the statement therein that he intends to occupy the premises or place referred to in the declaration for a continuous period of three months or more that includes the time of the trading referred to in the declaration shall be guilty of an offence; and if he does not occupy the said premises or place for the continuous period aforesaid it shall be presumed until the contrary is shown that the person did not have reasonable grounds for the statement aforesaid.

(4) A person who contravenes this section shall be guilty of an offence.