211
Farmi
Farmer
Contract by Farmers.
Security.
Dispositions
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5. The exclusive rights granted under this Proclamation as re- gards any District shall be called "the Opium Farm" of that District herein referred to as "the Farm" and the person or persons in whom the said exclusive rights may for the time being he vested shall be called the "Opium Farmer" of that District herein referred to as “the Farmer."
6. (1)–No person in whom such exclusive rights may be vested shall be entitled to use such rights until he has entered into a contract in writing with the Government in the form 4. No. 1 in the Second Schedule hereto with such variations and additions (if any) as may be agreed on or the circumstances may require.
(2)-The Farmer shall give such security as may seem to the Governor to be sufficient for the due fulfilment of his contract by mort- guge of moveable or immoveable property or otherwise and any such mortgage may be in the form 4 No. 2 in the said Second Schedule hereto or to the like effect with such variations and additions (if any) as the circumstances may require.
(3) The Governor may at any time take sell dispose of and realise of securities and transfer by conveyance to be executed by the Finance Com- missioner all property so mortgaged as aforesaid or pledged or deposited as security under this section without action suit or other legal pro- ceeding and apply the same or the proceeds of sale thereof or so much thereof as may be required to liquidate any arrears of rent or any fines penalties forfeitures damages or losses which may arise or exist against the Farmer during at or after the end of his term whether the same shall be dne to Government or to the incoming Farmer.
Proviso.
Sums due
Provided that no such fines penalties forfeitures damages or losses shall be chargeable against the Farmer till the same shall have been sanctioned in writing by the Governor.
7. All rents and other payments due by the Farmer or other by Farmer to person under any contract made under the last preceding section shall be deemed to be debts of record due to the Government and shall be recoverablo at the suit of the Finance Commissioner.
be recover-
able.
Conditions of import and export of
Opium and chandu by
land and sea.
Prohibition of export.
Import of opium.
Removal of opium for export.
8. (1)—Opium aud chandn shall not be imported or exported by sea except into or from such of the ports defined under "The Port and Harbour Proclamation 1890," as shall from time to time be notified in the Gazette.
(2)-Opium and chandu shall not be imported or exported by land nor exported in any junk or other son-going Chinese vessel except under and in accordance with such regulations prescribing the quantity the route by which it is to travel the security to be given and generally as may be issued by the Governor.
(3)-The Governor may from time to time prohibit the export of opium to any place either absolutely or conditionally or subject to such restrictions as the Governor may direct.
(4)-Except as hereinafter provided chandu shall not be imported by any person except the Farmer nor shall the Farmer import chandu except under such conditions and restrictions as the Governor may from time to time direct
9. (1)-Every person importing opium by sea shall before laud- ing the same or any part thereof deliver to the Import and Export Officer of the District a requisition in form B in the Second Schedule hereto giving the particulars therein required; whereupon the said Officer shall graut a pornit in form C in the same Schedule authorising the landing and storing of such opium.
(2)-Every person moving opium for exportation shall before mov- ing the same deliver to the Import and Export Officer of the District a requisition in form D in the Second Schedule hereto giving the purti- culars therein required; whereupon the said Officer shall grant a permit in form E in the same Schedule authorising the said opium to be moved and exported.
3
any
Settlement.
(3)-Every person moving opium from one place to another in Removal of District shall before moving the same deliver to the Import and Export spiam in the Officer of the District and to the Farmer a requisition in form F in the Second Schedule hereto giving the particulars therein required; where- upon the Farmer shall grant a permit in the form in the same Sche- dule authorising the said opium to be moved.
under certain
(4)-Every such requisition as is required by sub-sectious (1) and Permit may (2) shall contain the full name and address of the person making such be withheld requisition. If the person making such requisition be unknown to the circumstances Import and Export Officer the Import and Export Officer may withhold the permit and shall forthwith give notice of the requisition to the
Farmer.
If the Import and Export Officer shall not be satisfied that the person making such requisition is a bout fide dealer in opiun he may require security in a sum not exceeding the value of the opium referred to in the requisition that the opium will be landed and stored or export- ed or moved in accordance with the terms of the requisition to be given to him.
steamers out
(5)-In the event of the arrival at or departure from any of the Arrival or Districts of any steam vessel carrying opium at any time when the departure of Office of Imports and Exports is closed or may be closed before appli- of office hours. cation for a permit can conveniently be made at such Office it shall be lawful for the Agent of the said steam vessel to land or ship any opin without a permit and to deliver any opium so landed to the owners or Permit sub- consignees thereof or to keep the same in his own custody; but so soon sequently. thereafter as the Office of Imports and Exports is opened for business the said Agent shall apply for the necessary perinit by requisition showing the particulars above required.
in less quan- tity than one
10. (1)-The master of every ship which arrives at any District Ships arriving having on board any opium in less quantity than one chest or in par- with opium cels of less than one chost shall forthwith on the arrival of the ship deliver a requisition in form B in the Second Schedule hereto giving the chest on particulars therein required at the Office of Imports and Exports or if board. the said Office be not at the time open for business then at the Chief Police Station of the District.
(2)-Forthwith on the receipt of such uotice the Import and Ex- port Officer or the Chief Police Officer at the said Station as the case may be shall grant a permit in form in the Second Schedule hereto addressed to a Police Officer authorising and requiring him to proceed forthwith on board the ship and take possession of the said opinm and bring the same to the said Office or Station as the case may be there to be kept until exported or sold to the Farmer and such order shall be carried out accordingly.
(3)-If and when it is desired to export the said opinta the owner or his agent shall deliver to the Import and Export Officer a requisition in form D in the Second Schedule hereto giving the particulars there- in required whereupon the said Officer shall grant his permnt in form E in the same Schedule authorising the export.
as sea-stores
11. (1)-If a ship arrives at a port in any District having on Ships arriving board chandu for the use of the crew or passengers on the passage of with chandu such ship as sea-stores or as part of her cargo carried for importation of cargo in at some other port the master or the person in whose possession custody transit. or control such chaudu may be shall forthwith on the arrival of such ship deliver a requisition in the form B in the Second Schedule hereto giving the particulars therein required at the Office of Imports and Ex- ports or at the Chief Police Station if the said Office be not then opeu for business and the Import and Export Officer or the Chief Police Officer at the said Station as the cuse may be shall at once grant a perait in form C in the said Schedule addressed to a Police Officer authorising and requiring him to proceed forthwith on board the ship and take possession of the said chandu and bring the same to the said Office or Station as the case may be there to be kept until exported or
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