/akn/my/act/act/1947/200
HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947
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- Type
- Act
- Status
- In force
- Enacted
- 1947
- Sections
- 9
- Languages
- EN · MS
Quick answer
About this act
HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 is Malaysia Act, cited as Act 200 1947, currently marked in force and first recorded in 1947.
Opening note
Preamble
- An Act to regulate house to house and street collections. [19 May 1947] Short title and application
Section 2
(b)
in any other case, the Minister;
“the licensing officer” means in relation to a collection to be made—
(a)
in any particular area within Peninsular Malaysia the
Chief Police Officer in charge of the police in that area;
and
(b)
throughout Peninsular Malaysia or in any area of which the police in one part thereof are in the charge of a Chief
Police Officer in charge of the police in any other part of such area, the Inspector-General;
*“Peninsular Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Acts 1948 and 1967 [Act 388] and includes the Federal Territory.
(2)
For the purposes of this Act, a collection shall be deemed to be made for a particular purpose where the appeal is made in association with a representation that the money or other property appealed for, or part thereof, will be applied for that purpose.
House to house and street collections to be licensed
Section 3
(2)
If any person promotes a collection, and a collection is made in any locality pursuant to his promotion, then, unless there is in force, throughout the period during which the collection is made in that locality, a licence authorizing him, or authorizing another under whose authority he acts, to promote that collection in that locality, he shall be guilty of an offence and liable to a fine not exceeding five thousand ringgit or to imprisonment for a term which may extend to two years or to both such fine and imprisonment.
(3)
If any person acts as a collector in any locality for the purposes of a collection, then, unless there is in force at all times when he so acts, a licence authorizing a promoter under whose authority he acts, or authorizing the collector himself, to promote that collection in that locality, he shall be guilty of an offence.
Licences
Section 4
House to House and Street Collections 7
(2)
Save in any case in which it appears to the licensing officer that the application should be refused on any of the grounds specified in subsection (4) the licensing officer shall submit the application to the authority who will signify to the licensing officer whether or not the application is to be refused on the grounds of public policy or because the collection is contrary to the public interest.
(3)
Subject to the following provisions of this section the licensing officer shall grant to the applicant a licence authorizing him to promote a collection but subject to such conditions as the licensing officer may think fit to impose.
(4)
The licensing officer may in his absolute discretion refuse to grant a licence or may at any time revoke a licence granted if it appears to him—
(a)
that the total amount likely to be applied for the purpose of the collection from the proceeds thereof (including any amount already so applied) is inadequate in proportion to the value of the proceeds likely to be received (including any proceeds already received);
ACT 200 8
(b)
that remuneration which is excessive in relation to the total amount aforesaid is likely to be, or has been, re-tained or received out of the proceeds of the collection by any person;
(c)
that the grant of a licence would be likely to facilitate the commission of an offence under any written law, or that any such offence has been committed in connection with the collection, and in particular, that any force, threat or compulsion is likely to be, or has been, used in order to obtain any contribution for the purpose of the collection;
(d)
that the applicant for or the holder of a licence is not a fit and proper person to hold a licence by reason of the fact that he has been convicted, whether in the Federation or elsewhere, of any offence conviction for which necessarily involved or implied a finding that he had acted fraudulently or dishonestly, or of any offence of a kind the commission of which would be likely to be facilitated by the grant of a licence;
(e)
that the applicant for or the holder of a licence, in promoting a collection in respect of which a licence has been granted to him, has failed to exercise due diligence to secure that persons authorized by him to act as collectors for the purposes of the collection were fit and proper persons, to secure compliance, on the part of persons so authorized, with the provisions of this Act or of any regulations made thereunder, or to prevent prescribed badges or prescribed certificates of authority being obtained by persons not so authorized;
(f)
that the collection is in aid of, or that the promoter or any of the collectors are members of an illegal society, or that the purpose of the collection is illegal or fictitious;
(g)
that the applicant for or the holder of a licence has furnished false information to the licensing authority, or has refused or neglected to furnish to the licensing authority such information as he may reasonably require for the purpose of informing himself as to any of the matters specified in the foregoing paragraphs.
(5)
Where under subsection (2) the authority has signified to the licensing officer that the collection is objectionable on the grounds of public policy, or that the refusal of a licence is otherwise desirable in the public interest, the licensing officer shall refuse the licence.
House to House and Street Collections 9
(6)
If at any time it appears to the authority that the revocation of a licence previously granted is desirable in the public interest the authority may direct the licensing officer to revoke such li-cence and the licensing officer shall forthwith revoke the same accordingly.
(7)
Subject to the provisions of this section, a licence granted under the provisions of this section shall remain in force for such period as is expressed therein not exceeding one month, and may be renewed from time to time.
(8)
Every application for a licence shall specify an address within the Federation for service on the applicant of any notice or other communication required to be served on him.
(9)
Where the licensing officer refuses to grant a licence or revokes a licence which has been granted he shall forthwith give written notice to the applicant or the holder of the licence stating upon which one or more of the grounds set out in subsection (4)
or (5) or (6) the licence has been refused or revoked and informing him of the right of appeal given by this section, and the applicant or the holder of the licence may thereupon appeal to the authority against the refusal or revocation, as the case may be, and the decision of the authority shall be final:
Provided that where the grant of a licence is refused or a licence is revoked in accordance with subsection (5) or (6) such appeal shall be to the Ruler in Council or the Yang di-Pertua Negeri in
Council, as the case may be, of the State where the authority is the Chief Minister and to the Yang di-Pertuan Agong where the authority is the Minister.
(9)
for the licensing officer to state any reasons or to disclose the nature or source of the information on which any refusal or revocation was based.
(11)
The time within which any such appeal may be brought shall be fourteen days from the date on which notice is given under subsection (9).
(12)
In the event of an appeal under subsection (9) being allowed, the licensing officer shall be notified in writing and shall forthwith issue a licence or cancel the revocation, as the case may be.
ACT 200 10
Regulations
Section 5
(2)
Without prejudice to the generality of the powers conferred by the foregoing subsection, regulations made thereunder may provide for all or any of the matters following, that is to say—
(a)
for requiring and regulating the use by collectors of prescribed badges and prescribed certificates of authority, and the issue, custody, production, display and return thereof, and, in particular for requiring collectors on demand by a police officer or by any occupant of a house visited or person solicited to produce their certificates of authority;
(b)
for the authentication of prescribed certificates of authority and for the clear indication in prescribed badges of the purpose of the collection;
(c)
for prohibiting persons below a prescribed age from acting, and others from causing or allowing them to act, as collectors;
(d)
for preventing annoyance to the occupants of houses visited or to any other members of the public;
(e)
for requiring the prescribed information with respect to the purpose, expenses, proceeds and application of the proceeds of collections to be furnished by the licensee to the authority who issued the licence and for requiring such information to be vouched and authenticated in such manner as may be prescribed;
(f)
for prescribing penalties for contravention of, or failure to comply with, any such regulation.
(3)
Any person who contravenes or fails to comply with the provisions of any regulation made under this Act shall be guilty of an offence against this Act.
House to House and Street Collections 11
Unauthorized use of badges, etc.
Section 6
(a)
displays or uses a prescribed badge or a prescribed certificate of authority other than a badge or certificate which he is authorized, under or by virtue of any regulations, made under this Act, so to display or use, or
(b)
displays or uses any badge, device, emblem, certificate or other document intended, calculated or likely to cause any person to believe that the person displaying or using the same is an authorized collector for the purposes of a licensed collection when such is not the case, shall be guilty of an offence.
(2)
Any person who, in furnishing any information for the purposes of this Act or of any regulations made thereunder, knowingly or recklessly makes any statement which is false in any material particular, shall be guilty of an offence.
Collector to give name, etc., to police on demand
Section 7
Any police officer may require any person whom he believes to be acting as a collector for the purposes of a collection to declare to him immediately his name and address and, if any person fails to comply with a requirement duly made to him under this section, he shall be guilty of an offence and liable to a fine not exceeding one hundred ringgit.
Section 8
Penalties
(2)
Where any offence against this Act is committed by any corporation, society, association or body of persons, every person charged with, or concerned or acting in, the control or
ACT 200 12
management of the affairs or activities of such corporation, society, association or body of persons shall be deemed to be guilty of that offence and liable to be punished accordingly unless it is proved by any such person that, through no neglect or omission on his part, he was not aware that the offence was being or was about to be committed or that he took all reasonable steps to prevent its commission.
Jurisdiction
Section 9
(2)
At the conclusion of any trial in a Sessions Court or Court of a Magistrate in respect of an alleged offence against this Act, when such trial results in a conviction, the Court may make an order for the return to its owner, if known, or for the forfeiture or confiscation of any money or other property produced before it or in its custody or the custody of the police or of any public servant which, in the opinion of the Court, was obtained by or in consequence of the commission of an offence against this Act.
House to House and Street Collections 13
Act 200
LIST OF AMENDMENTS
Amending law
Short title
In force from
Ord. 35/1947
House to House and Street 18-09-1947
Collections (Amendment)
Ordinance 1947
Ord. 48/1956
House to House and Street 20-12-1956
Collections (Amendment)
Ordinance 1956
L.N. 332/1958
Federal Constitution 13-11-1958
(Modification of Laws)
(Ordinances and Proclamation)
Order 1958
Act A46
House to House and Street 30-04-1971
Collections (Amendment)
Act 1971
Act A192
House to House and Street 30-03-1973
Collections (Amendment)
Act 1973
Act 160
Malaysian Currency (Ringgit)
29-08-1975
Act 1975
P.U. (A) 209/1980
Revision of Laws (House to 15-02-1978
House and Street Collections
Act 1947) Order 1980
P.U. (A) 426/2002
Revision of Laws (Rectification 25-10-2002
of House to House and Street
Collections Act 1947)
Order 2002
ACT 200 14
Act 200
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 2
Ord. 35/1947 18-09-1947
Act A46 30-04-1971
Act A192 30-03-1973 4
Ord. 48/1956 20-12-1956
KUALA LUMPUR
Common questions
- What is HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947?
- HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 is Malaysia Act, cited as Act 200 1947, currently marked in force and first recorded in 1947.
- Is HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 still in force?
- Yes — HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 is currently in force.
- When did HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 take effect?
- HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 was first recorded in 1947.
- How many sections does HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 have?
- HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 contains 9 sections.
- Where can I read the official version of HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947?
- The official text of HOUSE TO HOUSE AND STREET COLLECTIONS ACT 1947 is published at lom.agc.gov.my.