Salt Ordinance

CHAPTER 343 SALT (2) The licence to be granted to any person for the possession of salt shall define the purposes for which the salt is required, the quantity allowed to be possessed, the Government store from which the salt has been or is to be purchased, and the period during which it is to be in force : Provided that such period shall in no case exceed one year from the date of such licence. 5. (1) The Commissioner may from Commissioner time to time grant licences authorizing, the ~ay grant possession or-sale by retail, in any district I1cence~ forpossession or mentioned in the Schedule, Of salt retail of salt. purchased from a Government store in that district. THE MANUFACTURE, COLLECTION, REMOVAL, AND PROTECT THE REVENUE DERIVED TIIEREFROM. [14th May, 1890.1 ORDINANCE TO REGULATE SALE OF SALT AND TO (u) any person by name or by office, to be, or to act as Salt Commissioner ; (b) such other officers and servants as may be necessary for the purposes of this Ordinance. 2. (1) There may be appointed 1. This Ordinance may be cited as the Salt Ordinance. (2) Any power conferred by this Ordinance on the Commissioner may be exercised by any officer authorized in writing for the purpose by the Commissioner. Short title. Appointment of officers. Ordinances AN Nos. 6 of 1890, 4 of 1941, 25 of 1943, Acts Nos.22 of 1955, 31 of 1964. Collection and manufacture of salt. 3. It shall not be lawful for any person to collect or attempt to collect salt naturally formed, or to manufacture or attempt to manufacture salt by any process whatsoever, except on account of Government and under the authority of a licence granted by the Commissioner. 6. Persons licensed to sell salt by retail Retailers may may grant licences in their respective grant licences. districts for the possession of salt purchased from themselves in quantities not exceeding fifty-six pounds, and for a period not exceeding fourteen days. Possession of salt in districts enumerated in Schedule. Restrictions as to quality. 4. It shall not be lawful for any person, unless duly authorized by licence as hereinafter provided, to possess salt in any greater quantity than three quarts in the districts enumerated in the Schedule : Provided that the possession of any salt whatever in the said districts enumerated in the Schedule, of a description different from that issued from the Government stores for sale within the limits of the village, district, or province in which such salt shall be found, shall be unlawful, unless the person possessing the same shall duly account for the difference. 7. It shall not be lawful for any person Concealment to bury or conceal in any quantity whatever of salt. any salt illegally collected, manufactured or possessed, or which shall not be satisfactorily accounted for ; and the occupier of any house or premises in which shall be found any salt, or any earth or sand or water impregnated with salt, which he is unable satisfactorily to account for, shall be guilty of an offence, and be liable to such punishment as is provided for by section 17. 8. If any person shall be found in the Persons found immediate vicinity of any salt pan or salt in the vicinity liwdya under suspicious circumstances, it of a salt pan. XIII! 39 Cap. 343] SALT Protection of salterns, &c. shall be lawful for any person to bring him before the Magistrate's Court, which shall thereupon investigate the matter of suspicion alleged against him, and if he shall fail to give a satisfactory account of himself, and there shall, in the opinion of the court, be reasonable ground to believe that he was in the immediate vicinity of such salt pan or Iewaya with intent to collect or remove salt there formed, collected, or deposited, the court shall require him to give such security for his good conduct as it shall deem fit, and in default of such security shall sentence him to imprisonment, simple or rigorous, for a period not exceeding six months. 9. (I) The Minister may make such regulations as may appear to him to be necessary for the purpose of protecting any saltern or salt Iewaya or any bund or channel maintained in connexion with any saltern or salt Iewaya. (2) Without prejudice to the generality of the powers conferred by subsection (I), any regulation made thereunder may (u) define any area immediately adjoining any saltern or salt liwaya and declare that area to be a protected area for the purposes of this Ordinance ; (b) prohibit or regulate the entry of persons into any saltern, salt Iiwilya or area so protected ; and (c) provide that any person who does any act in contravention of any provision of any such regulation or fails to comply with any provision of any such regulation shall be guilty of an offence and liable on conviction to a fine not exceeding fifty rupees. 1O. It shall not be lawful for any person in any district other than those enumerated in the Schedule to possess, sell, dispose of, or remove any salt whatever, unless such salt be of the same kind and description as the salt manufactured or collected in some part or parts of Sri Lanka on account of Government. 11. (l) It shall not be lawful for any person to remove salt in any quantity exceeding seven pounds at anyone time from any district mentioned in the Schedule except under the authority of a permit issued by the Commissioner or by a licensed retail dealer. (2) Every such permit shall specify the name of the person to whom it is issued, the quantity of salt authorized to be removed thereunder, and the place from which, the destination to which, the manner in which, and the date before which, such salt is to be removed. The date specified in any such permit shall not, in the case of a permit issued by the Commissioner, be later than three months, or, in the case of a permit issued by a licensed retailer, be later than fourteen days, after the date on which the permit is issued. 12 . It shall not be lawful for any person to import any salt into Sri Lanka or to export any salt from Sri Lanka except under the authority of a permit issued by the Commissioner, and except in accordance with such conditions as may be set out in such permit : Provided, however, that in the case of any salt which is shipped as stores on board any vessel or aircraft, the permit required by the preceding provisions of this section may be issued by any Collector of Customs. Possession, removal, or sale of salt other than salt collected or manufactured by Government illegal. Removal of salt. Importation and exportation of salt. (3) No regulation made under subsection (I) shall have effect until it has been approved by Parliament, nor until notification of such approval has been published in the Gazette. (4) Every regulation made under subsection (I) shall, upon the publication of a notification of the approval of that regulation as provided for in subsection (3), be as valid and effectual as if it were herein enacted. 13. It shall be unlawful for any person Sale. to sell salt within the districts enumerated in the Schedule in any quantity whatsoever, except on account or by licence of the Commissioner. 14. Every licensed retail dealer shall Retailer to affix in front of his shop, stall, or place of affix notice to '1 I b d havi . d I ibl place of sale.retai sa e a oar avmg pnnte or egt y written thereon the name of the licensed retail dealer and the words " licensed to sell XlIIj40 SALT [Cap. 343 Sale of adulterated salt illegal. Salt to be sold by weight. [§2,3Iof 1964.1 salt", together with the price fixed under section 16, in the Sinhala, Tamil and English languages, and shall not sell any salt by retail without having such board affixed, or in any place other than that at which he is licensed to sell. 15. (1) Save as otherwise provided in subsection (2), it shall be unlawful for any storekeeper or other person selling salt on behalf of Government, or any licensed retail dealer of salt, to possess or sell adulterated salt. (2) Nothing in subsection (1) shall be deemed to prohibit the possession or sale of denatured salt by any storekeeper or other person selling salt on behalf of the Government. In this subsection, " denatured salt " means salt which has been deliberately rendered unfit for human consumption by admixture with petroleum or kerosene, and with soot, charcoal powder or any other conspicuous unpalatable substance. 16. (1) Every storekeeper or other person selling salt on behalf of Govemment, and every licensed retailer of salt, shall be bound to sell and deliver salt at such price as may be fixed from time to time by the Minister with the concurrence of the Minister in charge of the subject of Finance. (2) It shall not be lawful for any person to sell any salt otherwise than by weight. contravention of the provisions of section 12 ; and any person who shall abet any other person in the commission of any of the aforesaid acts, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one hundred rupees, and in default of payment to imprisonment, rigorous or simple, for any period not exceeding twelve months. 18. And all salt in respect of which any Confiscation of offence shall be committed, and all vessels property. containing the same, or in which such salt shall be unlawfully collected, manufactured, possessed, removed, sold, or conveyed, together with any horse, bullock, or any other beast employed in the carriage or conveyance of such salt, and any machinery employed in the unlawful manufacture of salt, shall be confiscated. 19. (1) Any offence against this Magistrate's Ordinance may be inquired into, tried, and ~ou.rt .to.have determined by the Magistrate's Court of the Jurisdiction. division in which the offence was committed wholly or in part, and such court shall have jurisdiction to award the maximum punishment prescribed therefor, and to declare and adjudge any salt, vessel, machinery, or thing liable to be confiscated under section 18 of this Ordinance, forfeited, and to condemn the same, whatever may be the amount or value thereof, anything in the Code of Criminal Procedure Act to the contrary notwithstanding. (2) The Magistrate's Court imposing a Informer's fine under this Ordinance may award to an share. informer any portion, not exceeding a moiety, thereof which may be actually recovered. Penalty for breaches of Ordinance . 17. Any person who shall collect or manufacture, or attempt to collect or manufacture, or possess, or sell, or dispose of, or remove, or land, or ship salt in any way contrary to the provisions of this Ordinance, or otherwise than in accordance with the licence or permit on that behalf granted under this Ordinance, or who shall possess or sell adulterated salt, or bury or conceal any salt illegally collected, manufactured, or possessed ; and the occupier of any house or premises in which shall be found any salt, or any earth or sand or water impregnated with salt which he is unable satisfactorily to account for ; and any master or person in charge of any vessel or aircraft who shall land or ship salt from or on board the vessel or aircraft in 20. It shall be lawful for any police officer or grama seva niladhari or for any officer of the Salt Department of a rank not below that of Sub-Inspector or any excise officer of a rank not below that of Inspector to arrest any person whom he finds committing or attempting to commit any offence under this Ordinance, and to seize any salt or other thing declared by this Ordinance to be liable to be confiscated, and to produce the same forthwith before the Magistrate's Court. Arrest and seizure . XIII/41 Cap. 343] SALT "vessel " means anything employed to contain salt or for the carriage or conveyance of salt, whether by land or water. 23. Nothing in this Ordinance contained Ordinance not shall apply to any salt which is imported t~ apply to into Sri Lanka, and on which customs duty Imported salt shall have been duly paid. 24. In this Ordinance, unless the context Interpretation. otherwise requires .. abet " has the same meaning as in the Penal Code ; means the Salt appointed under " Commissioner " Commissioner, section 2 ; " adulterated" means mixed, whether mechanically or otherwise, with any substance not forming part of the composition of the salt when issued from the Government store ; 22. It shall be lawful for the Minister Minister from time to time, by Order to be published empowered to in the Gazette , to exempt any part or parts p:sm~f sriY of Sri Lanka from all or any of the Lankafrom restrictions to which the same are subject the restrictions d hi 0 di . d of theun er t IS r mance m regar to the sale, Ordinance possession, removal, or manufacture of salt, and any such Order to amend, alter, suspend, or revoke by any subsequent Order to be issued and published in like manner. Provided always that such search or seizure, if in a dwelling house, shall be made or commenced between sunrise and sunset only, and that in such and all other cases of search or seizure the police officer, grama seva niladhari or other officer shall report his proceedings and the result of his search or seizure to the nearest Magistrate without unnecessary delay, and any police officer, grama seva niladhari or other officer failing to make such report shall be guilty of an offence, and liable on conviction to a fine not exceeding fifty rupees ; and if any police officer, grama seva niladhari or other officer shall have wantonly, maliciously, or corruptly exercised any power or authority hereby vested in him, he shall, besides his liability in damages to the party injured, suffer such punishment as the court shall on conviction award. 21. In all cases requmng any search or seizure to be made without the delay which would be incurred by an application to the Magistrate's Court, any police officer or grama seva ni1adhari or any officer of the Salt Department of a rank not below that of Sub-Inspector or any excise officer of a rank not below that of Inspector may, on information laid before him showing just grounds of suspicion, and that the object of search would probably be defeated by the delay of applying to the Magistrate, make such search or seizure without warrant : Search or seizure without warrant [Sections 4, 10 and 13.] SCHEDULE The judicial district of Chilaw north of the Deduru-o ya. The judicial district of Puttalam. The judicial district of Mannar. The judicial district of Jaffna. The judicial district of Vavuniya, exclusive of Karunavalpattu south and Melpattu north. The judicial district of Trincomalee. The judicial district of Batticaloa. The judicial district of TangaIla, exclusive of Waiasmulla upper and lower, Wewagampalata, Paranagampalata and all such parts of that judicial district as are not within the administrative district of Hambantota. XIIII 42