Section 29: Offences

29. Offences (1) Any person who— (a) makes an addition, alteration or repair to any jewellery bearing— (i) the mark of the Assay Office of another country which has been duly notified to the Director under section 13 (5); (ii) the Assay mark; (iii) a sponsor's mark; (iv) the Common Control mark; or (v) a fineness mark, without the consent of the Director; (b) removes, alters or defaces any mark borne on a jewellery, without the written consent of the Director; (c) has in his possession, or under his control, a mark, or jewellery which bears a mark, which he knows or should have known to be a counterfeit mark; (d) makes use of a false or counterfeit mark or sells, or offers for sale, or displays jewellery which bears a false or counterfeit mark; (e) sells, offers for sale, or displays jewellery with a mark which is not registered; (f) makes use of the State mark without authorisation; (g) applies a sponsor’s mark or an importer’s mark to any jewellery without authorisation; (h) applies any mark in such a way that it is not legible; (i) produces a statement, record or document which is incorrect, false or misleading in any material particular; [Issue 7] J3 – 12 Revised Laws of Mauritius (j) obstructs or hinders the Director in the exercise of his powers or duties under this Act; (k) issues a receipt which is incorrect, false or misleading in any material particular; (l) strikes any imported jewellery with a sponsor’s mark; (m) sells, offers for sale or displays any fake precious or semiprecious stone, shall commit an offence. (2) Any person who contravenes any other provision of this Act shall commit an offence. (3) Any person who commits an offence— (a) under subsection (1) shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2 years; (b) under subsection (2) shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year. (4) The Court may, in addition to imposing any penalty provided for under subsection (3), order the forfeiture of any mark, jewellery or instrument used in the commission of the offence. (5) It shall be no defence to a prosecution for an offence under this Act that the person charged did not know, or did not have reasonable cause to believe, that the fineness mark on a jewellery was not indicative of its true standard of fineness.