CO882-(8-9) — Page 626

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

9PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Power to

bter and

uspect places

ture, bottling and sale.

(hy Prescribing the procedure to be followed and the matters to be ascer-

tained before any licence for such sale is granted for any locality.

to Prescribing in the case of any excisable article the way in which the duty

on such arti, le shall be levied

(j: Prescribing the scale of fees, or the manner of fixing the fees, payable in respect of any privilege, licence, permit, or pass, or of the storing

of any excisalde article

(k) Regulating the time, place, and manner of payment of any duty or fee.

Prescribing the restrictions under and the conditions on which any

licence, permit, or pass may be granted, including

(m)

tia The prohibition of the admixture with any excisable article

of any substance deemed to be noxious or objectionable, (ii) The fixing of the strength, price, or quantity in excess of or below which any excisable article shall not be sold or supplied, and the quantity in excess of which denatured spirit shall not be possessed, and the prescription of a standard of quality for any excisable article,

(iii.) The prohibition of the employment by the licence holder of any person or class of persons to assist him in his business in any capacity whatsoever;

(iv.) The prescription of the persons to whom any excisable

article may or may not be sold;

(v.) The prohibition of sale except for cash;

(vi) The prevention of drunkenness, gambling, or disorderly conduct in or near any licensed premises, and the meeting of or remaining of persons of bad character in such preinises:

(vii) The prescriptions of the days and hours during which any

and licensed premises may or may not be kept open. pro- vision for the closure of such premises on special occasions; (viii) The prescription of the nature of the premises in which any excisable article may be sold, and the notices to be exposed at such premises; and

(ix) The prescription of the accounts to be maintained and the

returns to be submitted by licence holders.

(1) Declaring the process by which spirit manufactured in

Ceylon shall be denatured.

(ii) For causing such spirit to be denatured through the agency

or under the supervision of Government officers.

(iii) For ascertaining whether such spirit has been denatured.

(n) Providing for the destruction or other disposal of any excisable article

deemed to be unfit for use.

(6) Regulating the disposal of confiscated articles.

(p) Prescribing the instruments to be used in the testing of liquors, and the

tables of corrections according to temperature to be used therewith.

VIII. - Powers and Duties of Officers, &c.

32. The Excise Commissioner or a Government Agent or any excise officer not below such rank as the Governor may prescribe or any police officer duly

of nutne empowered in that behalf may enter and inspect at any time by day or by night any place in which any licensed manufacturer carries on the manufacture of or stores any excisable article; and may enter and inspect at any time during which the same may be open any place in which any excisable article is bottled or kept for sale by any licensed person; and may examine, test, measure, or weigh any materials, still, utensil, implement, apparatus, or excisable article found in such place of manufacture, bottling, or sale.

Power of

in matters of arrest and

squiry.

33. Within such specified area as the Governor by notification may direct, any excise office excise officer not below such rank as the Governor may prescribe shall, within the limits of the area to which he is appointed, and as regards all offences under this Ordinance, exercise the powers that may be exercised in respect of cognizable offences by an inquirer, or by an officer in charge of a police station, under the provisions of Chapter XII. of The Criminal Procedure Code, 1898." An inquiry under this section shall be held at or in the neighbourhood of the place in which the offence is alleged to have been committed.

Il

which

si contra-

34. Any officer of the Excise, Police, Customs, or Revenue Departments, not en below such rank and subject to such restrictions as the Governor may prescribe, offenders may and any other person duly empowered, may arrest without warrant any person found he arrested, committing, in any place other than a dwelling house, an offence punishable under band liquor Section 43 or Section 44. and may seize and detain any excisable or other article and articles which he has reason to believe to be liable to confiscation under this Ordinance or out warrant. other law for the time being in force relating to excise revenue; and may search any person upon whom, and any vessel, vehicle, animal, package, receptacle,.or envering in or upon which, he may have reasonable cause to suspect any such article

to be.

seized with-

Agent or

35. If a Government Agent or a Magistrate, upon information obt. ned and Government after such inquiry as he thinks necessary, has reason to believe that an offence under Magistrate Section 43 or Section 44 has been or is likely to be committed, he may issue a m ⚫earch warrant for the search for any exeisable article, materials, still, utensil, implement, warrant. or apparatus in respect of which the alleged offence has been or is likely to be com- mitted, or any paper or document relating thereto; and for the taking into custody and carrying before such an officer as is referred to in Section 33 of this Ordinance any person who appears to have been privy to the commission of the offence.

excise officers

WATHADL

36. Whenever a Government Agent or any excise officer not below such rank Power of as the Governor may prescribe has reason to believe that an offence under Section 43 to search or Section 44 has been, is being, or likely to be, committed, and that a search without a warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, after recording the grounds of his belief, at any time by day or night, enter and search any place and may seize any- thing found therein which he has reason to believe to be liable to confiscation under this Ordinance; and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence as aforesaid.

37. The provisions of The Criminal Procedure Code. 1898," relating to Arrests, arrests, searches, search warrants, the production of persons arrested, and the investi- how to be gation of offences shall be held to be applicable to all action taken in these respects made. under this Ordinance.

T

searches. *c.,

38. All offences under this Ordinance shall be bailable within the meaning of Offences to be The Criminal Procedure Code, 1898," and the provisions of that Code in respect bailable.

of bail shall be applicable thereto.

departments

39. Every officer of the Police, Customs, and Revenue Departments, and every Offers of peace officer, shall be bound to give immediate information to an excise officer of certain all breaches of any of the provisions of this Ordinance which may come to his bound to re- knowledge, and to aid any excise officer in carrying out the provisions of this Ordinance upon request made by such officer.

port offences

and to mist.

40. --(a) All proprietors, tenants, under-tenants, and cultivators who own or Landowners hold land on which, and

(b) All village headmen in whose village

there shall be any manufacture of any excisable article not licensed under this Ordinance, or the unlawful cultivation or collection of any plants from which an intoxicating drug can be produced, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an officer of the Excise, Police, or Revenue Departments immediately the same shall have come to their knowledge.

and others to give infor. mation.

charge of

41. All officers in charge of police stations shall take charge of and keep in Folios to take safe custody, pending the orders of a Magistrate or of the Government Agent, all articles articles seized under this Ordinance which may be delivered to them; and shall seised. allow any excise officer who may accompany such articles to the police station, or may be deputed for the purpose by his superior officer, to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.

sake of pub-

42. The Government Agent or any Magistrate by notice in writing to the Closing of licensee may require that any shop in which any excisable article is sold shall be shop for the closed at such times or for such period as he may think necessary for the pre- lio peace. servation of the public peace. If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, the Government Agent or any Magistrate or chief headman or any police officer above the rank of constable who is present may require such shop to be kept closed for such period as he may think necessary.

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