CO882-(8-9) — Page 655

PUBLIC RECORD OFFICE

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THINC.O. 882

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9 PUBLIC RECORD OFFICE, LONDON

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35. On the other hand, the Chairman drew attention to the following passage in his speech in the Legislative Council on April 15, 1912, when moving the second reading of this Ordinance :-

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When Government assumes full responsibility for the distillation of all arrack in this Colony, it will extend the same meausre of protection to the contract supplier that it has in the past extended to the renter; that is to say, we shall always deal with local suppliers as long as they are reason- We shall not go elsewhere merely because the base of distillation is slightly cheaper. We shall be prepared to give a fair and reasonable price based on the average of local prices in past years; but any attempt at extor- tion will be very promptly and resolutely dealt with. The matter, in other words, lies in the hands of the owners of coconut trees.'

able.

That, the Chairman declared definitely, was and would continue to be the policy of the Government of Ceylon in this matter.

36. Still in connection with Section 31, the Honourable the Burgher Member asked for information with regard to the total number of toddy taverns about to be sanctioned, and asked whether it would not be possible to reconsider the decision to separate toddy from arrack, with a view to making the number of places where intoxicating liquors are offered for sale as few as possible.

37. With reference to the first part of the question, the Honourable Member was informed that exact figures were not at present available, but that the number of toddy taverns would probably amount for the whole Colony to about 1,600; that the information in the possession of Government showed that the number of places where fermented toddy is at the present time obtainable, without any supervision or restriction whatsoever, enormously exceeds that figure; that, as stated by the "the regulation of intoxicants in the Colony Chairman in his speech above quoted, must, in the first instance, reveal an enormous consumption, which hitherto has been comfortably ignored"; that "improved methods of supervision will reveal, for the first time, the real extent of the evil, and the actual, not the estimated, con- sumption," and that "this, for the first time made manifest, will by the superficial possibly be regarded, not as what it really is an exposure of a state of things hitherto hidden-but as actually a positive increase in consumption "; that no toddy taverns are being established in any localities where there is not a considerable proved consumption already in existence; and that the number of taverns, disturbing as it may seem to the public mind, is regulated by existing consumption alone.

38. With reference to the second part of the Honourable Member's inquiry, it was pointed out to him that the separation of toddy from arrack was the first initial and essential step in the direction of reform; that until the separation is effected arrack would always be pushed by the tavern-keeper in preference to toddy, as being more profitable; and that arrack having the strength of a distilled spirit, whereas fermented toddy has ordinarily the strength of lager beer, or in its most advanced stages of fermentation the strength of London porter, it is obviously undesirable, in the interests of public sobriety, that the consumption of the former should be encouraged at the expense of the latter, just as the consumption of beer is preferable to the consumption of gín. The Chairman added that the combined revenue from arrack and toddy rents for 1912-13 would probably fall short of the revenue derived from the same sources during 1911-12 by between Rs. 300,000 and Rs. 400,000.

39. Still with reference to Section 31, the Select Committee desires to direct the attention of Government to the probable necessity which will arise for the proper regulation of the vinegar industry. Acetic acid, it was pointed out by the European Rural Member, is now largely used in Ceylon for the coagulation of rubber, and there seems to be no reason, on the face of it, why this should not in the future be manufactured in the Colony from locally prepared vinegar, instead of being imported from Europe. As, however, local vinegar is manufactured from toddy, the regula- tion of this industry will have to be dealt with under this Ordinance.

40. The consumption, mainly by estate labourers, of eau-de-cologne as an intoxicating beverage was also brought to the notice of the Select Committee by the Honourable the Ceylonese Member; and after discussion it was decided that the most effectual way of dealing with this evil will be to increase the import duty on cheap brands of eau-de-cologne, with a view to rendering the price prohibitive. The attention of Government is invited to this matter, which, in the opinion of the Select Committee, should be dealt with on the lines indicated without delay.

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This

41. The Select Committee recommends the addition of the following words to Section 33:-" An inquiry under this section shall be held at or in the neigh- bourhood of the place in which the offence is alleged to have been committed." amendment, which the Select Committee has made at the instance of the Honour- able the Ceylonese Member, is designed to obviate the hardship which otherwise might be caused to villagers and others through their being summoned to attend at an inquiry held at a distance from their homes.

42. The Select Committee recommends the following amendment to Section 35: The insertion of the words "or any paper or document relating thereto " after the word "committed" in line 7.

43. With reference to Section 36, the Select Committee desires to place on record its opinion that the powers conferred under this section should not be exer- cised by any officer of the Excise Department below the rank of an Assistant Super- intendent.

44. The Select Committee recommends the amendment of Section 39 by the insertion of the words " and every peace officer" after the word "Departments" in line 2. The effect of this amendment will be to impose the duty prescribed by the section upon native headmen.

45. With reference to Section 48, the Select Committee recommends the inser- tion of the words "or coca plant " after the words "indica" in clause (c).

46. The Select Committee also desires, in connection with clauses (d) and (e) of Section 43, to draw attention to the statement of its opinions contained in para- graph 17 of this report.

47. With reference to the concluding paragraph of Section 43, the Select Committee recommends the following amendments :-

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(i.) The insertion of the words after conviction" after the word "con-

tinued " in line 5;

is" and (ii) The insertion of the word " "between the words "

80 tinued" in line 6; and (iii.) The deletion of the three concluding words of the paragraph.

"

con-

48. The Select Committee recommends that the concluding paragraph of Section 45 be amended as follows:-

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(i.) By the deletion of the words a continuing offence" in line 4, and the substitution in their place of the words " an offence continued after conviction"; and

(ii.) By the deletion of the words "of continuance of the offence" at the end

of the paragraph, and the insertion in their stead of the words which the offence is so continued.”

on

49. The Select Committee recommends that Section 46 be re-numbered 46 (1),

and that the following addition be made to the section :-

(2) Any excise officer who shall—

(a) Wilfully fail in his duty to report. any offence against this

Ordinance or any rule or order made thereunder; or

(b) Connive at the commission of any offence against this

Ordinance

shall be liable on conviction to imprisonment of either description which may extend to six months, or to fine which may extend to one year's pay, or to both.

The marginal note to this new sub-section should read as follows:-" Offences by

exoise officers."

50. The Select Committee recommends the amendment of Section 47 as follows:-

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(i.) By the substitution of the word "one" for the word "two" in line 5; (ii.) By the deletion of the words "a continuing offence" in line 6, and the insertion in their stead of the words "an offence continued after con- viction"; and

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(iii.) By the deletion of the five concluding words of the section and the insertion in their stead of the words on which the offence is sO continued."

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