CO882-(8-9) — Page 656

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PUBLIC RECORD OFFICE

Reference :--

immim LICO. 882

9

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

51

The Select Committee recommends that the following words in lines 2. 3. and 4 of Section 4~ be deleted, as they appear to be unnecessary provisions in any enactment repealed by this Ordinance.'

52 The Select Committee recommends the following

Se.tion 49

--

The deletion of the words "or section

་

+

or under similar

amendments to

in the first line of clause (17) after the numerals of sph section (1), and the insertion of "or 47

44 in the same line;

(ii) By the deletion of the words

or Section 47

in the first line of

after the

clause (b) of the same sub section; (iii) By the insertion of the words the Excise Commissioner

weard of in the second line of clause (b); and

(iv) By the substitution of the words "either of them" for the word ̈ him

in the third line of clause (b).

53. The Select Committee recommends that Section 50 be broken up into clauses and re drafted to read as follows

20 In prosecutions under Section 43 it shall be presumed, until the contrary is proved, that the accused person has committed an offence under that section in respect of

(4) Any excisable article; or

(4) Any still, utensil, implement, or apparatus whatsoever for the

manufacture of any excisable article other than toddy; or

(e) Any such materials as are ordinarily used in the manufacture of

any excisable article

-

for the possession of which, or for his conduct in connection with which, he is unable to account satisfactorily, &c.

the remainder of the section reading as originally drafted.

54. The Select Committee recommends the amendment of Section 53 by the deletion of the words “clauses (4) and (b) of Section 27," and the substitution in Section 26.' This amendment is necessitated by an their stead of the words. obvious clerical error.

+

55 With reference to Section 54, the Honourable the Ceylonese Member and the Honourable the Senior Tamil Member desire to record their opinion that the principle of permitting Police Magistrates to exercise powers under the Ordinance in excess of those conferred upon them under the Criminal Procedure Code is undesirable.

The majority of the Select Committee, however, hold the opinion that it is expedient that offences under this Ordinance should be dealt with summarily; and they consider that the liberties of the subject are adequately secured against mis- carriage of justice by the right to appeal from the decisions of Police Magistrates which exists under the Criminal Procedure Code.

56 The Select Committee recommends the addition of the following words at the end of Section 55: " and the provisions of this Ordinance shall thereupon apply to any article so prohibited."

57. With reference to Section 56, the Select Committee desires to draw the attention of Government to the fact that steps should be taken under this section to release sweet toddy from taxation.

58.

In Section 58, line 5, the word "prosecutions" should be substituted for the word "precautions.`

59. The schedule to the Ordinance has becen duly considered by the Select Committee. No amendments are called for.

60. A copy of the Ordinance, showing the amendments recommended by the Select Committee, forms an appendix to this Report.

Legislative Council Chamber,

Colombo, May 23, 1912.

12

b. Die!

epent of

B: tinents

t. rire.

LUPITE

010

Venue.

cise officer.

cine Com.

Luxioner.

ddy.

THE

AN ORDINANCE TO PROVIDE FOR THE INTRODUCTION OF AN EXCISE SYSTEM.

Whereas it is expedient to consolidate and amend the law relating to the import, export, transport, manufacture, sale, and possession of intoxicating liquor and of intoxicating drugs: Be it therefore enacted by the Governor of Ceylon, by and with the advice of the Legislative Council thereof, as follows:

I. --Preliminary and Definitions.

1

The Excise This Ordinance may be cited as Ordinance, No. of 1912," and it shall come into operation on such date as the Governor shall appoint by Proclamation in the "Government Gazette.'

be cited as The Excise

1. (1) This Ordinance may Ordinance, No. of 1912.

(2) It shall not come into operation until His Majesty's Principal Secretary of State for the Colonies hus notified that it is not the intention of His Majesty to exercise his prerogatire of disallowance in respect thereof, and thereafter shall come into operation within such areas and upon such dates as the Governor, by Proclamation in the "Government Gazette," shall| appoint.

or

Omit

Provided that nothing in the said repeal shall affect Insert any exclusive privilege, licence, permit, or pass granted issued before the coming into operation of this Ordinance under or with reference to any Ordinance hereby repealed; but with respect to all matters arising out of any such privilege, licence, permit, or pass, and the rights, obligations, and liabilities of the grantee or holder thereof, in so far as any Ordinance hereby repealed applies thereto, such repealed Ordinance shall continue to apply as though the same were still in force. 2. From the date on which this Ordinance comes into force A the Ordinances specified in the schedule Insert within any local hereto annexed shall be repealed to the extent speci- fied in the third column of the said schedule.

A

3. In this Ordinance, unless there be something repugnant in the subject or context-

(1) Excise revenue

means revenue derived or derivable from any duty, fee, tax, fine (other than a fine imposed by a court of law), or confiscation imposed or ordered under the provisions of this Ordinance or of any other law for the time being in force relating to liquor or intoxicating drugs.

A

(2) "Excise officer means a Government Agent, or any officer or other person appointed or invested with powers under Section 7. (3)" Excise Commissioner means the officer appointed by the Governor under Section 7(a).

#

(4) "Toddy" means fermented or unfermented juice drawn from any coconut, palmyra, kitul, or other kind of palm tree.

(5) "Spirit" means any liquor containing alcohol obtained by distillation, whether it is denatured or not.

38487

area

Insert within such area

Insert Assistant Govern-

ment Agent.