Embed Size (px)
Citation preview
AUCTION SALES ENACTMENT F.M.S Cap. 81 (No. 2 of 1929)
AUCTION SALES ENACTMENT F.M.S CAP 91* (No. 2 of 1929)
An Enactment to repeal and re-enact the law regulating Sales by Public Auction. [5th July, 1929.] 1. Short title. This Enactment may be cited as the Auction Sales Enactment. 2. Definition In this Enactment –
“sale by auction” means any sale or offer for sale of any property or any interest in any property, movable or immovable, where any persons become the purchaser of the same bye competition and being the highest bidder, either by being the single bidder or by increasing upon the biddings made by others or decreasing on sums named by the auctioneer or other person at such sale, or by any other mode of sale by competition;
‘licensing officer’ means the licensing officer appointed by the Minister for the purposes of this Enactment in each State and the Federal Territory;
‘Minister’ means the Minister charged with the responsibility for auctions and auctioneers;
“sale by public auction” means a sale by auction at which an invitation, express or implied, is given to the public or any class of the public to become purchasers;
It shall be presumed until the contrary is proved that any sale by auction is sale by public auction;
“auctioneer” means any person duly licensed to conduct sales by public auction under Section 3 sub-section (i) of this Enactment.
3. Licences. (1) The licensing officer may from time to time license fit any proper persons to conduct sales
by public auction, and may form time to time revoke such license. Every such license shall expire on the 31st day of December of the year in which it is issued. The fee for each license shall be ten ringgit.
(2) No person, other than a Government servant selling Government property or authorized in
that behalf under any other law for the time being in force or acting under the order of a competent Court, shall conduct a sale by public auction without being licensed under this Enactment.
4. Notice of sale. (1) Every auctioneer shall before conducting a sale by public auction give public notice thereof,
setting out the particulars of the property to be offered for sale, and stating the time and place at which the auction will be held.
(2) Such notice shall be given not less than seven days before the date fixed for the auction; provided that with the permission in writing of the chief Police Officer the period of such notice may be reduced to two days.
(3) Such notice of sale may expressly state that the sale is subject to a reserve price or that a
right to bid on behalf of the seller is reserved. If a right to bid on behalf of the seller is so reserved the seller or any one person on his behalf may bid at the auction. Otherwise it shall be unlawful for the seller or any person on his behalf to bid at the auction or for the auctioneer knowingly to take any bid from the seller or any such person, and should the auctioneer take any such bid the sale shall be void as against any person, other than the person making such bid, who becomes a purchaser thereat.
5. Full name, etc., of auctioneer to be displayed at sale.
Every auctioneer, before beginning any sale by public auction, shall affix or suspend or cause to be affixed or suspended a ticket or board containing his true and full name and residence painted, printed or written in large letters, publicly visible and legible in some conspicuous part of the house, room or place where the auction is held, so that all persons may easily see the same, and shall also keep such ticket or board so affixed or suspended during the whole time such auction is being held.
6. Place of sales.
All sales by public auction shall be held in places open to the general public and large enough for the accommodation of as many persons as may reasonably be expected to desire to bid thereat.
7. Auctioneer may not buy.
No auctioneer shall buy on his own account property entrusted to him for sale by public auction, but he may purchase such property as the agent of another person who has employed him to do so. Should an auctioneer buy on his own account property so entrusted to him for sale the sale shall be void as against the seller.
8. Bidding agent. In no case shall more than one person bid in the interests of a single would-be purchaser. 9. Every lot deemed subject of a separate contract of sale.
Where property is put up for sale by public auction in lots each lot shall prima facie be deemed to be the subject of a separate contract of sale.
10. Completion of sale.
A sale by public auction shall be complete when the auctioneer announces its completion by the fall of the hammer or other customary manner and until then any bidder may retract his
bid. At the time of announcing such completion the auctioneer shall forthwith audibly declare the name of the actual purchaser.
11. Penalties.
Any person acting in contravention of any of the provisions of this Enactment or of any Rules made hereunder shall be liable on conviction to a fine not exceeding one hundred ringgit and, if such person is an auctioneer, the Court by which he is convicted may cancel his license.
12. Power to make Rules. The Minister may make Rules for the following purposes:
(a) to prescribe the nature and amount of security to be furnished by licensed auctioneers; (b) to prescribe the particulars which must be set forth in every notice of sale with such
modifications or limitations in particular circumstances as he may think fit; (c) to provide for the delivery of every notice of sale, and the time and manner of such
delivery, to such Government authority as the nominates; (d) generally to give effect to the provisions of this Enactment.
13. Sales under order of Court.
The Judges appointed under the Courts Enactment, or any two of them, of whom the Chief Justice shall be one, may from time to time make Rules regulating the taxation of auctioner’s commission and expenses on sales of property by public auction under order of Court and under Section 515, sub-section (1) of the Civil Procedure Code.
AUCTION SALES (EXTENSION TO TRENGGANU ORDINANCE, 1955
(F.M. No. 58 of 1955)
AUCTION SALES (EXTENSION TO TRENGGANU) ORDINANCE, 1955 (F.M. No 58 of 1955)
Their Heighnesses the Rulers of the I asset Malay States assent hereto Rulers’ Public Seal Seal of the Federation Witnesses to the affixing of the Rulers’ Seal: T. ABDUL RAHMAN, D.C MACGILLIVRAY Yang di-Pertuan Besar High Commissioner Of Negeri Sembilan 21st December, 1955 T. ALAM SHAH, (IN JAWI) Sultan of Selangor 21st December 1955 An Ordinance to extend the Auction Sales Enactment of the Federated Malay States to the State of Terengganu. [1st January, 1956] IT IS HEREBY ENACTED by the high Commissioner of the Federation of Malaya and Their Highnesses the Rulers of the Malay States, with the advice and consent of the Legislative Council as follows: 1. Short title and commencement. This Ordinance may be cited as the Auction Sales (Extension to Trengganu) ordinance, 1955, and shall come into force on the 1st day of January, 1956.
2. Application of the Auction Sales Enactment (F.M.S. Cap. 81) to Terengganu. (1) The Auction Sales Enactment of the Federated Malay States as amended from time to time
shall apply and have effect in the State of Trengganu with the modifications mentioned in sub-section (2) of this section.
(2) In applying the said Enactment within the State of Trengganu the word “Government”
wherever therein appearing shall be deemed to include the Government of the State of Terengganu.
3. Repeal of Trengganu Enactment No. 34 of 1356 relating to auctioneers. The Auctioneers and Appraisers Enactment of the State of Trengganu in so far as it relates to
Auctioneers is hereby repealed.
AUCTION SALES ENACTMENT – JOHORE* (Enactment No. 117)
To declare the law relating to sales by public auction. 1. Short title. This Enactment may be cited as the Auction Sales Enactment. 2. Interpretation.
“sale by auction” means any sale or offer for sale of any property or any interest in property, movable or immovable, where any persons becomes the purchaser of the same by competition and being the highest bidder, either by being the single bidder or by increasing upon the biddings made by others or decreasing on sums named by the auctioneer or other person at such sale, or by any other mode of sale by competition.
“Sale by public auction” means a sale by auction at which an invitation, express or implied, is given to the public or any class of the public to become purchasers. It shall be presumed until the contrary is proved that any sale by auction is a sale by public auction.
“Auctioneer” means any person duly licensed to conduct sales by public auction under sub-section (i) of section 3 of this Enactment.
“licensing officer” means the licensing officer appointed by the Minister for the purposes of this Enactment.
“Minister” means the Minister charged with the responsibility for auctions and auctioneers. 3. Licenses. (i) The license officer may from time to time, upon the giving of suitable security and the
payment of a fee, license fit and proper persons to conduct sales by public auction in the State, and may from time to time revoke any license so granted. Every license issued under this Enactment shall expire on the 31st day of December of the year in which it is issued.
(ii) No person, other than Government servant selling Government property or authorised in
that behalf under any law for the time being in force or acting under the order of a competent Court, shall conduct a sale by public auction without being licensed under this Enactment.
4. Notices of sale. (i) Every auctioneer shall before conducting a sale by public auction give public notice
thereof in English and Malay, and - where the circumstances of the case justify it – in Chinese or Tamil or both such languages.
(ii) Such notice or, when an auctioneer issues in addition to a notice of sale a statement of
particulars and conditions of sale, such statement shall state the time and place of sale and shall specify as fairly and accurately as possible.
(a) the property to be sold; (b) the revenue assessed upon the estate or part of the estate, where the property to be
sold is an interest in an estate or a part of an estate paying revenue to the Government;
(c) any incumbrance to which the property is liable; (d) every other thing which it may be considered material for a purchaser to know in
order to judge of the nature and value of the property. (iii) Where the sale is conducted in pursuance of an order of Court, such notice shall be given
in such manner and such time or times as the Court may direct. In all other cases the notice shall be given by advertisement or otherwise, as the circumstances may require, not less than seven days before the date fixed for the auction, provided that with the permission in writing of a Chief Police Officer the period of such notice may be reduced to two days.
(iv) Such notice of sale or such statement of particulars and conditions of may expressly state
that the sale is subject to a reserve price or that a right to bid on behalf of the seller is reserved. If a right to bid on behalf of the seller is so reserved, the seller or any one person on his behalf may bid at the auction. Otherwise it shall be unlawful for the seller or any person on his behalf to bid at the auction or for the auctioneer knowingly to take any bid from the seller or any such person, and, should the auctioneer take any such bid, the sale shall be void as against any person other than the person making such bid, who becomes a purchaser thereat.
5. Name and address of auctioneer to be displayed at sale.
(i) Every auctioneer, before beginning any sale by public auction, shall affix or suspend or cause to be affixed or suspended a ticket or board containing his true and full name and residence painted, printed or written in large letters, publicly visible and legible in some conspicuous part of the house, room or place where the auction is held, so that all persons may easily see the same, and shall also keep such ticket or board so affixed or suspended during the whole time such auction is being held.
Productions of license on demand. (ii) Every Auctioneer at the time of conducting any sale by auction shall, upon demand, produce and show to a Government servant duly authorised to make such demand the license issued to him under this Enactment. 6. Places of sales. All sales by public auction shall be held in places open to the general public and large enough for the accommodation of as many persons as may reasonably be expected to desire to bid thereat. 7. Auctioneer may not buy. No auctioneer shall buy on his own account property entrusted to him for sale by public auction, but he may purchase such property as the agent of another person who has employed him to do so. Should an auctioneer buy on his own account property so entrusted to him for sale, the sale shall be void as against the vendor.
8. Bidding agent. In no case shall more than one person bid in the interests of a single would-be purchaser. 9. Every lot deemed subject of a separate contract of sale.
Where property is put up for sale by public auction in lots, each lot shall prima facie be deemed to be the subject of a separate contract of sale.
10. Auctioneer may withdraw property from sale
It shall be lawful for any auctioneer during a sale by auction to withdraw any property from sale upon the occurrence of any improper or fraudulent act which seems to him likely to prevent the property from realizing its fair value.
11. Completion of sale.
A sale by public auction shall be complete when the auctioneer announces its completion by the fall of the hammer or other customary manner, and, until then, any bidder may retract his bid. At the time of announcing such completion the auctioneer shall forthwith audibly declare the name of the actual purchaser.
12. Power to make rules. The Minister may make rules
(a) to prescribe the fees payable and the nature and amount of security to be given under this Enactment;
(b) to prescribe, the commission, fees and charges chargeable by auctioneers in respect of sales;
(c) to nominate certain Government servants as having authority to demand the production of an auctioneer’s license;
(d) generally to give effect to the provisions of this Enactment.
AUCTION SALES ENACTMENT
- KELANTAN (En. No. 28 OF 1930)
AUCTION SALES ENACTMENT 1930 – KELANTAN* [Enactment 28/1930]
A.S. HAYNES, Seal of Acting British Adviser H.H. the Sultan. His Highness the Sultan in Council has been pleased to enact as follows:- 1. Short title and commencement.
This Enactment may be cited as “The Auction Sales Enactment, 1930” and shall come into force on the 1st day of January 1931.
2. Licensing.
The Minister charged with the responsibility for auctions and auctioneers (hereinafter in this Enactment referred to as “the Minister”) may from time to time cause licenses to be issued to fit persons on payment of the prescribed fee to conduct sales by public auction within the State of Kelantan and may from time to time revoke any such license. No such license shall remain in force after the 31st day of December in the year in which it is issued.
3. Notice and place of Sale.
Every licensed auctioneer shall give not less than seven days’ public notice before conducting any sale by public auction, setting out the particulars of the goods to be offered for sale and starting the time and place at which the auction will be held. All sales by public auction shall be held in places open to the general public.
4. Highest possible price to be obtained.
Every licensed auctioneer shall obtain at public auction the highest possible price for the property entrusted to him for sale, and shall not disposed of any such property by private contract except with the consent of the owner first had and obtained.
5. Auctioneer may not buy.
No licensed auctioneer shall buy on his account property entrusted to him for sale, but he may purchase such property as the agent of another person who has employed him so to do.
6. Bidding agent. In no case shall more than one person bid in the interests of a single would-be purchaser. 7. Name of purchaser to be declared.
Whenever any article is sold at public auction the auctioneer shall forth-with audibly declare the name of the actual purchaser.
8. Auctioneers’ fees.
The fees and commissions chargeable by licensed auctioneers in respect of sales conducted by them shall not exceed those set out in the Schedule hereto.
9. Penalty for conducting sale without license.
Any person, not being a Government servant selling Government property or autorised in that behalf under any other law for the time being in force or acting under the order of a competent Court, who conducts a sale by public auction without being licensed under this Enactment shall be liable on conviction to a fine not exceeding $500/- or in default to imprisonment of either description which may extend to six months.
10. General penalties.
Any licensed auctioneer acting in contravention of any of the provisions of this Enactment or of any rules made hereunder shall be liable on conviction to a fine not exceeding $500/- or in default to imprisonment of either description which may extend to six months and shall also be liable to have his license cancelled by the convicting Court.
11. Penalty for illegal bidding.
Any person acting in contravention of Section 6 of this Enactment shall be liable on conviction to a fine not exceeding two hundred and fifty dollars or in default to imprisonment of either description which may extend to six months.
12. Power to make rules. The Minister may make rules for the following purposes:
(a) to prescribe the nature and amount of security to be furnished by licensed auctioneers; (b) to prescribe the particulars to be set forth in every notice of sale, with such modifications
in particular circumstances as he may deem fit; (c) to provide for the delivery of every notice of sale, and the time and manner of such
delivery to such Government authority as he nominates; (d) to prescribe the fees payable under this Enactment; (e) generally to give effect to the provisions of this Enactment.
THE SCHEDULE
TABLE OF AUCTIONEERS’ FEES Commissioner (a) when property sold shall have realised not more than $500/- 5% of the amount realised.
(b) when the amount realised exceeds $500/- 5% for the first 500/- and 1% for each succeeding $100/-
Notice of demand … … … … … $ c.
Notice of sale (original) … … … … 50
Notice of sale (each copy) … … … … 100
Placarding, each notice (towns) … … … … 20
(country, exclusive of boat or hire of vehicle) … … 50
Watchman, per diem … … … … 100
Attendance in the event of postponement of sale
(towns) … … … … 200
Attendance in the event of postponement of sale
(country) … … … … 300
Bell and Crier 9towns) … … … … 200
(country, exclusive of traveling expenses) … … 300
AUCTION SALES ENACTMENT - PERLIS (En. No. 7 of 1337)
AUCTION SALES ENACTMENT, 1337 – PERLIS* [Enactment 7/1337]
On the 23rd day of Jemadal-awal in the year A.H. 1337, in the reign of his Highness Tuan Syed Alwi bin Tuan Syed Safi, Raja of Perlis, the Auction Sales Enactment 1337, was passed by the State Council of Perlis, with effect from the 23rd day of Jemadal-awal 1337. 1. His Enactment may be cited as the Auction Sales Enactment 1337. 2. The State council may at any time license fit persons to conduct sales by public auction and may
at any time revoke such license. Every such license shall expire on the last day of Zulhijjah in each year. The fee to be paid for such license for any year or part of a year shall be $10.
3. Every licensed auctioneer shall before conducting any sale by public auction give not less than
seven days’ public notice thereof, setting out the particulars of the goods to be offered for sale, and stating the time and place at which the auction will be held, which shall not be more than three miles from the nearest police station.
4. Every licensed auctioneer shall during the whole time an auction is being held by him exhibit in a
conspicuous palce in the room or place in which the auction is being held a board or ticket containing his true and full name and residence in large and legible letters.
5. Every licensed auctioneer shall obtain at public auction the highest possible price for the property
entrusted to him for sale, and shall not dispose of any property by private contract except with the consent in writing of the owner thereof.
6. No licensed auctioneer shall buy on his own account property entrusted to him for sale, but he
may purchase such property as the agent of another person who has employed him to do so. 7. (i) Where no reserve price has been fixed or where the reserve price has been exceeded then the
highest bidder is entitled to be declared the purchaser. (ii) Whenever any property is sold at auction the auctioneer shall forthwith audibly declare
the name of the purchaser and the amount at which the property has been knocked down. If any dispute arises as to who is entitled to be declared the purchaser the property shall be put up to auction again forthwith.
8. Any person not being a Government servant selling Government property or authorised in that behalf under any other law for the time being in force, or acting under the order of a competent Court, who conducts a sale by public auction without being licensed under this Enactment shall be liable on conviction to a fine not exceeding $100. 9. Any licensed auctioneer commiting a breach of any of the provisions of this Enactment shall be liable on conviction to a fine not exceeding $250, and his license may be cancelled by the court before which he was convicted. 10. It shall not be necessary for any person to take out license as an Auctioneer in order to enable him to sell fish by auction on the sea shore where the same shall have been first landed. 11. The fees and commission chargeable by licensed auctioneers in respect of sales conducted by them shall not exceed those set out in the Schedule hereto.
THE SCHEDULE Commission on proceeds of sale:- When total amount realised does not exceed $500 10% on the amount realised. When total amount realised does not exceed $1,000 10% first $500, 5% on the excess above $500. When total amount realised exceeds $1,000 10% first $500, 5% from $500 to $1,000 and 1% on excess above $1,000. Notice of sale … … … … … $2.00 Notice of sale property is valued at $1,000 or over … 5.00 Placarding notice of sale – each copy – within Sanitary Board limits … … … … … 0.10 Placarding notice of sale – each copy – beyond Sanitary Board limits … … … … … 0.15 Watchman – per diem … … … … … 0.50 Attendance in event of postponement of sale – within Sanitary Board limits … … … … … 1.00 Attendance in event of postponement of sale – beyond Sanitary Board limits … … … … … 2.00 Bell and Crier – per diem … … … … 1.00
AUCTION SALES ENACTMENT - KEDAH (En. No. 8)
AUCTIONEERS ENACTMENT – KEDAH* [Enactment No. 8]
1. Title. This Enactment may be cited as Enactment No. 8 (Auctioneers). 2. Definition. In this Enactment –
“licensing officer” means the licensing officer appointed by the Minister for the purposes of this Enactment;
“Minister” means the Minister charged with the responsibility for auctions and auctioneers; “person” includes any company or association or body of persons whether incorporated or not. 3. Auctioneers etc. to be licensed.
No person shall act as an auctioneer or appraiser or house agent in the State unless licensed under this Enactment.
4. Licenses.
(1) all license under this Enactment shall be issued by the licensing officer and every license shall unless previously cancelled expire on the last day of December.
(2) Every application for renewals of licenses shall be notified in the Gazette. 5. Refusal and cancellation of licenses.
The licensing officer may refuse any application for a license or to renew any license, and may cancel the license of any person who has been convicted under this Enactment or who has failed to account for or pay over any money or property which has come into his possession or control as such licensed person or who being an auctioneer has parted with any property entrusted to him for sale without obtaining payment for the same and has failed to make good to his employer the value thereof or has otherwise mis-conducted himself as an auctioneer.
6. Evidence of misconduct.
The judgment of any Court of competent jurisdiction whether civil or criminal to the effect that any licensed person –
(a) is liable or responsible for any money or property that has come into his possession or
control as such licensed person in circumstances amounting to a breach of trust or duty; (b) has committed any offence as an auctioneer or agent; (c) has contravened any statutory provision as to the conduct of sales by auction; or (d) has paid or agreed to pay to his employer any part of his charges or expenses by way of
return commission when such employer is a person accountable to any other person for the proceeds of the sale;
shall be ground for the cancellation of his license. 7. Penalty.
Any person who acts as an auctioneer, appraiser or house agent except under and in accordance with a license issued under this Enactment shall be liable on conviction by the Court of a First Class Magistrate to a fine not exceeding one thousand dollars.
8. Exemption of officers of Courts and certain public servants. The provisions of this Enactment and of any Rules made thereunder shall not apply to –
(a) any officer of a Court of Justice, acting under the authority of such Court and appraising any property whatever, or selling any property under any writ of attachment, seizure and sale, or other writ of attachment or order to levy any sum of money;
(b) any public servant in any department of the Government service conducting an auction sale under the provisions of any written law or departmental regulations for the time being in force.
9. Exemptions. This Enactment shall not extend to require –
(a) any agent employed in the management of landed estates to take out a license under this Enactment of such purpose;
(b) any auctioneer holding an auctioneer’s license issued under this Enactment to take out in addition thereto an appraiser’s license;
(c) any appraiser holding an appraiser’s license issued under this Enactment to take out in addition thereto a house agent’s license.
10. Power to make rules. (1) The Minister may make rules - (a) to regulate sales by public auctions; (b) to prescribe form of license to be issued under this Enactment; (c) to prescribe the length of notice to be given and the manner of advertising sales by
public auctions; (d) to prescribe commissions chargeable by licensed auctioneers, appraisers and house
agents; (e) to prescribe the duties of licensed auctioneers and of bidders at public auctions; (f) generally to carry out the provisions of this Enactment; (2) The breach of any rule made under this section shall render the licensee liable on
conviction by the Court of a First Class Magistrate to a fine not exceeding one thousand dollars or to cancellation of his license or to both fine and cancellation of license.
AUCTIONEERS ORDINANCE
- SABAH (Cap. 9)
AUCTIONEERS ORDINANCE - SABAH (Cap. 9)
To regulate the law in regard to auctioneers. [2nd January, 1914] 1. Short title. This ordinance may be cited as the Auctioneers Ordinance. 2. Auctioneers to be licensed. (1) Any person acting as auctioneer and not being provided with license in the form set forth in
the First Schedule and not having paid the fees prescribed in the Second Schedule shall commit an offence and shall be liable to the penalty hereinafter prescribed:
Provided that nothing in this section shall apply to property of the Government of the Federation or of Sabah or of any deceased government official sold under special authority.
Licensing Officers and licenses. (2) Such license shall be issued by the residents or District Officers for places within their
jurisdiction, who may in their discretion refuse the same. (3) Such license shall be renewed annually and application therefore shall be made not less than
one month before the expiration of the current license. 3. Auctioneer responsibilities. (1) Every licensed auctioneer shall obtain by public competition the highest possible price for the
property to be sold and shall take all reasonable measures by the issue of notices or otherwise to ensure publicity to the sale.
(2) No auctioneer shall buy on his own account property which he is employed to sell provided
that he may purchase such property as the agent of any person employing him in such behalf.
(3) No auctioneer without having first obtained the consent in writing of the owner shall dispose
of any property entrusted to him by private contract. (4) No auctioneer shall depute another person to in his behalf without special sanction in writing
given to such person. (5) The commission and fees chargeable by auctioneers in respect of sales shall not exceed those
set out in the third Schedule. (6) Nothing herein contained shall prevent any person in districts where no licensed auctioneer
exist from making application for and, on satisfying the proper licensing authority that he is a
fit person, from obtaining an Occasional License on payment of the fees prescribed in the Second Schedule.
4. Owner’s bids. (1) Any owner of property may employ an agent to bid or may himself bit at ordinary sales
provided that he shall not to do so in any case where the sale is held “without reserve.” (2) No sale shall be binding when more than one person shall have been employed by the owner
to bid for the same property. 5. Rules and penalties.
The Minister may make rules for more effectually carrying out the provisions of this Ordinance and any person offencing against such provisions shall be liable to a fine of one hundred dollars and shall in addition be liable to the cancellation of his license.
FIRST SCHEDULE
FORM OF LICENSE [Section 2(1) and 3(6)]
(name) of (place) Is hereby authorised to act as auctioneer for the period of (here state dates, from and to which, if for one year: if for one or more days states dates as case may be) Fee paid Date Signature of Resident or District Officer.
SECOND SCHEDULE (Section 2)
CHARGES FOR AUCTIONEER’S LICENSES
(a) License to act as an Auctioneer $ (b) Occasional Auctioneer’s License for one day 20.00 (c) Occasional Auctioneer’s License for each succeeding day 5.00
THIRD SCHEDULE [Section 3 (5)]
COMMISSION AND FEES
1. (a) Moveable Property – Per lot : 10% on the first $1,000. 2% on the remainder of the sale price. (b) Immoveable Property - Per lot : 2% on the first $100,000. 1 ½ % on the next $100,000. 1% on the remainder of the sale price. 2. Actual costs incurred on necessary traveling, accommodation and subsistence away from the
base, and on notice displays and equipment, printing, advertisements, hire of auctions premises, postage, handling, and service of notices, and other reasonable costs related to the auction, shall be payable.
3. The above commission and fees shall be subject to a minimum charge of $200 for each auction
meeting held or postponed within twenty-four hours of the time set for auction.
AUCTIONEERS LICENCES - ORDINANCE (S.S. Cap. 198)
AUCTIONEERS LICENSES ORDINANCE (S.S. Cap. 198)
ARRANGEMENT OF SECTIONS
Sections 1. Short title. 2. Definition of auctioneers. 3. Auctioneers to be licensed. 4. Definition of appraiser. 5. Appraisers to be licensed. 6. Definition of house agent. 7. House agents to be licensed. 8. Contents of license. 9. Expiry and renewal of licenses. 10. Exemption of officers of Court in levies not exceeding $100. 11. Full name of auctioneer to be displayed at every auction sale. 12. No exemption to auctioneers from taking out special licenses. 13. Exceptions. 14. Refusal and cancellation of licenses. 15. Evidence of misconduct. 16. Offences triable by District Court. 17. Gazetting licenses. 18. Powers to make rules.
AUCTIONEERS LICENSES ORDINANCE* (S.S. Cap. 198)
To provide for the Licensing of Auctioneers, Appraisers and House Agents [1st July, 1996] 1. Short title. This Ordinance may be cited as the auctioneers’ Licenses Ordinance. 1A. In this Ordinance unless the context otherwise requires –
“licensing officer” means the licensing officer for the State appointed for the purposes of this Ordinance by the Minister;
“Minister” means the Minister charged with the responsibility for auctions and auctioneers. 2. Definition of auctioneer.
Every person who exercises or carries on the trade or business of an auctioneer, or who acts in such capacity at any sale, and every person who sells or offers for sale any goods or chattels, lands, tenements or hereditaments or any interest therein at any sale where any person becomes the purchaser of the same by competition and being the highest bidder, either by being the single bidder or by increasing upon the biddings made by others by decreasing on sums named by the auctioneer or person acting as auctioneer or other person at such sale, or by any other mode of sale by competition, shall be deemed to carry on the trade or business of an auctioneer and shall be an auctioneer within the meaning of this Ordinance.
3. Auctioneers to be licensed. (1) Every auctioneer shall, before conducting any sale by auction, take out a license as required
by this Ordinance. (2) Every auctioneer shall be granted under the hand of the licensing officer and the duty
thereon shall be denoted by a stamp impressed on the license. (3) Licenses shall be of two kinds - (a) to conduct sales anywhere within the State of penang, hereinafter called a town license;
and (b) to conduct sales in the State of Penang outside the municipal limits of the town of George
Town in Penang, or anywhere in the State of Malacca, hereinafter called a country license.
Revenue duty. (4) On every town license the sum of twenty-five dollars shall be paid, and on every country
license the sum of ten dollars.
4. Definition of appraiser.
Every person who values or appraises any estate of property, lands, tenements or hereditaments, or any interest in possession or reversion remainder or contingency in any estate or property moveable or immoveable, or any goods, merchandise or effects of whatsoever kind or description for or on expection of any hire, gain, fee or reward or valuable consideration to be therefore paid him, shall be deemed to carry on the business of an appraiser, and shall be an appraiser within the meaning of this Ordinance.
5. Appraisers to be licemsed.
(1) Every appraiser shall take out a license. License and duty.
(2) Every appraiser’s license shall be granted and the duty paid in the manner provided by section 3 (2) in the case of auctioneers’ licenses.
Revenue duty.
(3) On every appraiser’s license the sum of ten dollars shall be paid. 6. Definition of house agent. Every person, firm or company who –
(a) as an agent for any other person, for or in expection of any fee, gain or reward of any kind, advertises for sale or letting any furnished house or part of any furnished house;
(b) by any public notice or advertisement or by any inscription in or upon any house, shop or place used or occupied by him, or by any other ways or menas, holds himself out to the public as an agent for selling or letting furnished houses; or
(c) lets or sells or makes or offers or receives any proposal or in any way negotiates for the selling or letting of any furnished house or part of any furnished house;
shall be deemed to be a person using and exercising the business, occupation and calling of a house agent, and shall be a house agent within the meaning of this Ordinance.
7. House agents to be licensed. (1) Every person, firm or company carrying on the business of house agent shall take out a
license. Licenses and duty. (2) Every House agent’s license shall be granted and the duty paid in the manner provided by
section 3 92) in the case of auctioneers’ lisence. Revenue duty.
(3) on every house agent’s license the sum of ten dollars shall be paid. 8. Contents of license.
Every license to be taken out under the authority of this Ordinance shall contain and set forth – (a) the purpose, trade or business for which such licensed is granted; (b) the true name and place of abode of the person taking out the same;
(c) the true date or time of granting such license; and (d) the principal place of business at which the trade or business for which such license is
granted shall be carried on. 9. Expiry and renewal of licenses (1) Every license shall expire on the thirty-first day of December and shall be renewed annually
ten days at least before the expiration thereof. Penalties. (2) any person who having had such license continuous to carry on the trade or business for
which such license is granted in the year next ensuing the expiration thereof and omits to renew the same as aforesaid, and any person who carries on a trade or business required by this Ordinance to be licensed without taking out such license shall, except as in this Ordinance provided, be liable to a fine not exceeding one thousand dollars.
10. Exemption of officers of Courts in levies not exceeding $100. It shall not be necessary for –
(a) any sheriff, bailiff or other officer of a Court of justice, acting under the authority of such Court and appraising any goods or chattels, whatever may be the value, or selling any goods or chattels, whether under writ of seizure and sale, distress or other writ or order to levy a sum not exceeding one hundred dollars, exclusive of expenses, or where the property to be sold is not expected to exceed such sum, to take out a license as a appraiser or auctioneer under this Ordinance;
(b) any police officer, land office bailiff or other public servant in any department of the Government service to take out such license as an auctioneer for the purpose of conducting a sale by auction held under the provisions of any written law or departmental regulation;
(c) any person to take out a license as an auctioneer in order to enable him to sell fish by auction on the seashore where the same has been sale of fish on seashore first landed.
11. Full name of auctioneer to be displayed at every auction sale. (1) Every auctioneer before beginning any auction shall affix or suspend or cause to be affixed or
suspended a ticket or board containing his true and full name and residence, painted, printed or written in large letters, publicly visible and legible in some conspicuous part of the house, room or place where the auction is held, so that all persons may easily see the same, and shall also keep such ticket or board so affixed or suspended during the whole time such auction is being held.
(2) any auctioneer, who begins any auction or acts as an auctioneer at any auction in any house,
room or place where his name and residence is not so painted or written on a ticket or board so affixed or suspended as aforesaid, shall be liable to a fine not exceeding two hundred and fifty dollars.
12. No exemption to auctioneers from taking out special licenses.
Nothing in this Ordinance shall exempt any auctioneer from taking out in addition to the license granted to him as auctioneer such further license as is required by law to deal in or retail or vend, trade in or sell any goods or commodities for which a special license is required before he is permitted or authorised to sell such goods or commodities any auction.
13. Exceptions. This Ordinance shall not extend to require –
(a) any agent employed in the management of landed estates to take out a license under this Ordinance for such purpose;
(b) any advocate and solicitor who as such has taken out his annual certificate, or any auctioneer having in force a license as such under this Ordinance, to take out in addition thereto a license as a house agent;
(c) any auctioneer having in force a license as such under this Ordinance to take out in addition thereto a license as an appraiser;
(d) any appraiser having a license in force under this ordinance to take out in addition thereto a license as a house agent; or
(e) any person licensed under section 17 (4) of the Pawnbrokers Ordinance (Chapter 216) for selling unredeemed pledges to take out in addition thereto a license under this Ordinance for the purpose of conducting such sales only.
14. Refusal and cancellation of licenses.
The officer empowered to grant licenses may refuse any application for a license or to renew any license, and may cancel the license of any person who has been convicted of any offence under this Ordinance or who has failed to account for or pay over any moneys or property which have come into his possession or control as such licensed person, or if an auctioneer has parted with any property entrusted to him for sale without obtaining payment for the same and has failed to make good to his employer the value thereof or has otherwise misconducted himself as an auctioneer.
15. Evidence of misconduct.
The judgment of any Court of competent jurisdiction, whether civil or criminal, having the effect of finding that any licensed person - (a) is liable or responsible for any money or property come into his possession or control as such
licensed person under circumstances amounting to a breach of trust or duty; or (b) has committed any offence as an auctioneer or agent; or (c) has contravened any statutory provision as to the conduct of sales by auction; or (d) has paid or agreed to pay to his employer any part of his charges or expenses by way of
return commission when such employer is a person accountable to any other person for the proceeds of the sale;
shall be ground for the cancellation of his license. 16. Offences triable by District Court.
Any offence punishable under this Ordinance may be tried by a District Court. 17. Gazetting licenses. The issue of all licenses shall be notified in the Gazette. 18. Power to make rules. (1) The Minister may make rules and regulations to regulate sales by public auction and to check
collusive or fraudulent sales, and such rules and regulations may provide amongst other things for.
(a) the length of notice to be given and the manner of advertising sales on the instructions of mortgagees acting under powers of sale or of any persons in a position of trust with respect to or liable to account for the proceeds of sale;
(b) prohibiting the sale outside the municipal limits of the George Town in Penang and the Town and Fort of Malacca of immoveable property on the instructions of mortgagees acting under powers of sale or of any persons in a position of trust with respect to or liable to account for the proceeds of sale except in specified townships or villages or at the principal or nearest police station in the district or other specified places.
(2) The breach of any rule or regulation under this section shall render the auctioneer liable to
cancellation of his license. (3) All rules shall be laid before the Legislative Council, and shall not come into force until
approved by a resolution of that Council.
AUCTION SALES RULES (SELANGOR NEGERI SEMBILAN
AND PAHANG)
AUCTION SALES RULES (SELANGOR, NEGRI SEMBILAN AND PAHANG)
RULES (SECTION 12). [Sel. Gaz. Not. No. 4370/26] [N.S. gaz. Not.no. 3564/26] [Phg.Gaz. Not. No. 3565/26] THE Residents have made the following rules: 1. Every person to whom a license under the Enactment is issued shall give such security either by
entering into a bond, in the form schedule A hereto, or otherwise, as the Resident may require. 2. In every notice of sale by public auction there shall be inserted a clear and unambiguous
description of the time and place of sale and of the property offered and in the case of public auction of land this description shall include -
(a) The district and mukim in which the land is situate; (b) Title number; (c) Lot number; (d) Special conditions in title and encumbrances (if any); (e) Nature and state of cultivation; (f) Position of land and nature of access thereto. 3. All conditions of sale shall be set out in full detail in the notice of sale. 4. Every notice of sale shall be handed to the officer in charge of the Police district where the
property or any of it is situated at least five clear days before the time appointed for the sale. 5. Every payment for and delivery of property sold by public auction shall be in strict accordance
with the published conditions of sale and every variation as to such payment or delivery shall be evidenced by a memorandum signed by the auctioneer and the owner of the property to be auctioned or his authorised representative at the time such variation is made. Nothing in this rule contained shall affect the provisions of the Law of Contract or the Law of Evidence in force for the time being in the State.
LICENSED AUCTIONEER’S BOND Know all men by these presents that we…………………………………….. of …………………………….. of ………………….…., and ………….…………… of ……………….. …….,are held and firmly bound to the Resident in the sum of …………………… dollars to be paid to the Resident, for which payment, to be well and truly made, we bind ourselves, and each of us, our and each of our heirs, executors and administrators, jointly and severally, by these presents. SEALED WITH OUR SEALS. DATED THIS ………… DAY OF ……………………………………., 19…….
Whereas the said ………………….. hath been licensed to act as an AUCTIONEER in the State of ………………..
Now the condition of the above- written bond or obligation is such that if the said ………… shall, so long as he shall perform the duties of an Auctioneer under such license as aforesaid, RENDER JUST AND TRUE ACCOUNTS of all matters or things, moneys, property or documents which shall come into his hands by virtue of any such employment as Auctioneer, and shall WELL AND TRULY PAY OVER AND DELIVER UP the same and all of them and every part thereof duly and regularly, and in accordance with the provisions of the Auction Sales Enactment, and shall in every other respect faithfully perform and discharge the duties and obligations which do or shall devolve on him in the exercise of his office as Auctioneer: Then the above written bond or obligation shall be void, otherwise the same shall remain in full force and virtue. Signed, sealed and delivered By the said ………………….. in the presence of …….. Signed, sealed and delivered by the said ………………….. in the presence of ……...
Auctioneers’ commission and expenses. [Gaz. Not No. 8733/32]
Under Section 13 THE following rules have been made by the Judges, with the approval of the Chief Secretary, for regulating auctioneers’ commission and expenses on sales property by public auction under order of court and under section 515, subsection (1), of the Civil Procedure Code: 1. Scale of commission. When any property, movable or immovable, is sold by order of Court or under section 515, subsection (1), of the Civil Procedure Code by public auction through a licensed auctioneer such auctioneer shall be entitled to charge and be allowed a commission to be taxed by the Registrar or Assistant Registrar of the Court or Magistrate, as the case may be, according to the following scale, provided that the Court ordering sale may in its discretion approve any special rate of remuneration either higher or lower than that provided in the scale:
SALES OF MOVABLE PROPERTY Gross amount realised by sale for calculating Percentage Percentage commission commission On the first $500 … … … … … … … 7 per centum On the excess over $500 up to $1,000 … … … … … 5 “ “ “ $1,000 up to $5,000 … … … … … 3 “ “ “ $5,000 “ $10,00 … … … … … 2 “ “ “ $10,000 … … … … … … 1 “
SALES OF IMMOVABLE PROPERTY
Gross amount realised by sale for calculating Percentage Percentage commission commission
On the first $1,000 … … … … … … … 2 per centum On the excess over $1,000 up to $10,000 … … … … … 1 “ “ “ $10,000 up to $20,000 … … … … … ½ “ “ “ $20,000 “ $60,00 … … … … … ¼ “ “ “ $60,000 … … … … … … 1/8 “
Provided that the maximum commission shall not exceed $1,000. 2. Commission how calculated. In calculating the commission due under rule 1,
(a) all property belonging to one person sold by an auctioneer under any one order of Court shall be deemed to be the subject of one sale; provided that where in such case the property consist partly of movable and partly of immovable property the movable and immovable property respectively shall be deemed to be the subject of two separate sales.
(b) Where property is sold subject to a charge the remuneration payable to the auctioneer shall be calculated on the actual purchase price realised by the auction, provided that in no case shall the fee be less than $25.
3. Remuneration where no sale takes place. (1) The remuneration of the auctioneer shall not be assessed under rule 1 above, but shall be at
the discretion of the taxing officer in the following cases - (a) where the order for sale by public auction is cancelled or the sale is postponed by order
of Court before the conclusion of the auction; and (b) where at any auction the reserve price is not reached and in consequence no sale takes
place : provided that in either of the foregoing cases:
(c) the remuneration above referred to shall not include the out-of-pocket expenses chargeable under rule 4 below,
(d) the remuneration allowed by the taxing officer shall not usually exceed $50, except that if in the opinion of the taxing officer this maximum is inadequate having regard to the work done he may allow extra remuneration so that the total remuneration shall in no case exceed the sum of $100. And further provided that where at one sale, the reserve price on some lots is reached and the reserve price on the other lots is not reached, the remuneration payable to the auctioneer in the former case shall be ascertained under rule 1 above, and in the latter under this rule.
(2) If at any time before the conclusion of an auction a sale by private treaty of the property is negotiated by the auctioneer and approved by the Court, the auctioneer shall receive a commission on the gross amount realised by such private sale as thought it had been a sale by public auction.
4. Out-of-pocket expenses. The scales of commission allowed under rule 1 shall cover all remuneration or charges of the auctioneer other than actual out-of-pocket expenses reasonably and properly incurred by him, which shall be taxed by the proper officer of the Court and allowed in his discretion.
MISCELLANEOUS LICENCES (AUCTIONEERS AND VALUERS)
REGULATIONS, 1957 – SARAWAK
MISCELLANEOUS LICENCES (AUCTIONEERS AND VALUERS) REGULATIONS, 1957 – SARAWAK
ARRANGEMENT OF REGULATIONS Regulation
1. Short title and commencement. 2. Interpretation. 3. Auctioneers and valuers to be licensed. 4. Valuer’s license. 5. Auctioneer’s license. 6. General provisions regarding licenses. 7. Saving. 8. Schedule. 9. Notice to be given of an auction sale. 10. Notice to be displayed at an auction sale. 11. Place of auction sales. 12. Conduct of auction sales. 13. Bidding. 14. Purchase by auctioneer on his own account forbidden. 15. Penalties.
SCHEDULE.
MISCELLANEOUS LICENCES (AUCTIONEERS AND VALUERS) REGULATIONS, 1957 – SARAWAK
1. Short title and commencement.
This regulations may be cited as the Miscellaneous licenses (Auctioneers and Valuers) Regulations, 1957, and shall come into force on the 1st day of January, 1958.
2. Interpretation In this regulation –
“auctioneer” mean any person who exercises carries on the trade or business of and auctioneer or who acts as such at any sale and includes any person who sells by public auction or offers for sale by public auction any kind of property;
“sale by public auction” means a sale by auction at which an invitation, express or implied, is given to the public or any class of the public to become purchasers;
“valuer” includes any person who values any moveable or immoveable property whatsoever or any interest therein for or in expectation of any fee or reward or valuable consideration paid or to be paid to him therefore. 3. Auctioneers and valuers to be licensed.
Save as provided in regulation 7, no person other than a public officer selling Government property or a licensed pawn-broker selling or offering for sale unredeemed pledges of any person authorized in that behalf by any written law or acting under the order of a competent Court shall, except under and in accordance with the terms and conditions of a license granted under these regulations, conduct a sale by public auction or act as a valuer.
4. Valuer’s license.
(1) Valuer’s licenses shall be substantially in the form set out in the Schedule. (2) The fee for a valuer’s license shall be twenty ringgit.
5. Auctioneer’s license. (1) Auctioneer’s licenses shall be substantially in the form set out in the Schedule and shall be of
two kinds :- (a) a first-class license which shall entitle the license to conduct sales by public auction
anywhere in Sarawak; (b) a second-class license which shall entitle the licensee to conduct a sale by public auction
anywhere in Sarawak save within areas under the jurisdiction of the Kuching Municipal Council, the Sibu Urban District Council and the Miri Urban District Council.
(2) The fee for a first-class license shall be one hundred ringgit and the fee for a second-class license shall be fifty ringgit.
6. General provisions regarding licenses.
(1) Licenses under these regulations may be issued by a District Officer. (2) All licenses shall expire upon the 31st day of December of the year in which they were issued
7. Savings.
In places where there is no licensed auctioneer, any person may, with the consent in writing of the District Officer, conduct a sale by public auction of property belonging to himself, his wife or any member of his family.
8. Schedule. The remuneration to be paid to an auctioneer shall not exceed the rate specified in the Schedule. 9. Notice to be given of auction sale. (1) No auctioneer shall conduct a sale by public auction unless, not later than seven days before
the date of the sale, he has adequately published a public notice stating - (a) the date time and place at which the sale is intended to be held; (b) particulars of the property to be offered for sale; (c) if it is the case, that a reserve price has been fixed in respect of any property offered for sale; and (d) if it is the case, that the seller of the property has reserved the right to bid at the sale. (2) A public notice shall be deemed to have been adequately published if it has been published
in a newspaper generally read in the place where the sale is to take place or in such other manner as may be approved in writing by the District Officer.
(3) With the approval in writing of the District Officer, the period of notice provided for in
paragraph (1) may be reduced. 10. Notice to be displayed at an auction sale.
Throughout any sale by public auction conducted by an auctioneer, the auctioneer shall display and keep displayed conspicuously in the public view a notice clearly showing his name and address.
11. Place of auction sales.
Sales by public auction shall be held in places open to the public and large enough to accommodate as many persons as might reasonably be expected to bid thereat.
12. Conduct of auction sales.
(1) a sale by public auction shall be complete when the auctioneer announces its completion verbally or by the fall of the hammer or in some other customary manner and until the completion of the sale any bidder may retract his bid.
(2) At the time of announcing the completion of the sale the auctioneer shall publicly declare the name of the purchaser.
13. Bidding. (1) Where more than one person shall bid on behalf of any person desiring to purchase at a
public auction the auctioneer shall not accept the bids of those persons. (2) an auctioneer shall not accept a bid for property from the seller of that property or from
anyone bidding on his behalf.
14. Purchase by auctioneer on his own account forbidden.
(1) An auctioneer shall not buy on his own account any property entrusted to him for sale by public auction.
(2) Any sale made in contravention of paragraph 91) shall be void as against the seller. 15. Penalties. I shall be an offence for an auctioneer – (a) to conduct a sale by public auction without publishing a public notice in accordance with
paragraph (1) of regulation 9: Penalty, a fine of five hundred ringgit; (b) to contravene regulations 10, 11, paragraph (2) of regulation 12 and regulation 13: Penalty, a
fine of two hundred ringgit; and (c) to buy any property in contravention of paragraph (1) of regulation 14: penalty,
imprisonment for six months and a fine of ane thousand ringgit.
SCHEDULE 1. An auctioneer shall be entitled to reasonable out-of-pocket expenses incurred by him together with a commission not exceeding the following rate -
ON THE SALE OF MOVEABLE PROPERTY
Gross amount realised by the sale … … Commission On the first $1,000 or part thereof … … 7 per centum On the excess over $1,000 up to $2,000 … … 5 per centum On the excess over $2,000 up to $10,000 … … 3 per centum On the excess over $10,000 up to $20,000 … … 2 per centum On the excess over $20,000 … … 1 per centum
ON THE SALE OF IMMOVEABLE PROPERTY Gross amount realised by the sale … … Commission On the first $2,000 or part thereof … … 2 per centum On the excess over $2,000 up to $20,000 … … 1 per centum On the excess over $20,000 up to $40,000 … … ½ per centum On the excess over $40,000 up to $120,000 … … ¼ per centum On the excess over $120,000 … … 1/8 per centum 2. In no case shall the commission charged exceed two thousand ringgit. 3. In calculating the commission due under paragraph 1 - (a) all property belonging to one person sold by an auctioneer shall be deemed to be subject of
one sale: Provided that where in such case the property consists partly of moveable and partly of immoveable property the moveable and immoveable property respectively shall be deemed to be the subject of two separate sales;
(b) where property is sold subject to a charge the remuneration payable to the auctioneer shall be calculated on the actual purchase price realised by the auction:
Provided that in no case shall the fee be less than twenty-five ringgit. Made this 29th day of December, 1957. KHO SOON EWE, Clerk of councils. Council Chamber, Kuching.
