Tobacco Duty (Town of Bombay) Act, 1857 [Repealed]
(Received the, assent of the Governor General on the 9th of February 1857.)
An Act to amend the law relating to the duties payable on Tobacco, and the retail sale and Warehousing thereof in the Town of Bombay.
PREAMBLE
Whereas it is expedient to amend the Law relating to the duties payable on Tobacco and the retail sale and warehousing of that article in the Town of Bombay: It is hereby enacted as follows:
Section 1. Laws repealed
Chapters V, VI, VII, and VIII of Regulation XXI. 1827 of the Bombay Code, and Act XXIV of 185 of are hereby repealed, but not so as to revive any other Regulation or Act thereby repealed.
Section 2. Municipal Duty on Tobacco intended for consumption in Bombay
All Tobacco (except such small quantities as are hereinafter mentioned) imported from any place into the Town of Bombay and intended for consumption therein shall be liable to a duty of seven Rupees and eight annas per maund of forty seers of eighty tolas to the seer, which duty is hereinafter called the Municipal Duty; and such duty shall be leviable in addition to any Customs Duty prescribed by Law.
Section 3. Municipal Duty when payable
The said Municipal Duty may be paid at the option of the importer, either on the importation of the Tobacco, or after it has been warehoused as hereinafter provided.
Section 4. Duty if not paid on importation to be paid on removal from warehouse for consumption and Remission of Municipal Duty on re-exportation
If the said Municipal Duty is not paid on importation, the Tobacco shall be warehoused in a public or licensed ware house within the meaning of Act XXV of 1836; and importer shall pay such duty on the said Tobacco on its removal from the warehouse for consumption in the said Town. When Tobacco so warehoused is re-exported to any place beyond the limits of the Said Town the whole of the said Municipal Duty shall be remitted.
Section 5. Bombay a warehousing Port for Tobacco
The Port of Bombay shall, after the passing of this Act, be held to be a warehousing port within the meaning of Act XXV of 1836, so far as regards the warehousing of Tobacco; and the provisions of the said Act, so far as the same are applicable, shall he applied to the warehousing of Tobacco in the said Town. The Import Duty in the said Act mentioned shall, as to Tobacco, include the Municipal Duty leviable under this Act.
Section 6. Powers of collection and enforcing payment of the Municipal Duty
The Commissioner of Customs, Salt, and Opium, and Officers of Customs, shall have all the same powers and authorities for collecting and enforcing payment of the said Municipal Duty in addition to the powers and authorities specified in this Act, as they now have or shall have in respect of duties of Customs.
Section 7. Tobacco not to be imported otherwise than by Sea and Landing places to be prescribed
7. Tobacco not to be imported otherwise than by Sea and Landing places to be prescribed If shall not he lawful, without the permission of the Commissioner of Customs, Salt, and Opium, or other Officer empowered by Government to grant such permission, to bring any Tobacco or any preparation thereof into Bombay otherwise than by sea, nor to land the same at any other landing places than such as may from time to time he prescribed by the Government of Bombay.
Section 8. Exemption from Duty
The foregoing provisions of this Act shall not be applicable to such small quantities of Tobacco (not exceeding in weight four seers of eighty tolas to the seer) as are intended for the private consumption of the importer.
Section 9. Permit necessary for removal of Tobacco and Proviso
It shall not be lawful to remove any Tobacco from one place to another within the said Town, nor to carry or convey the same on any thoroughfare in the said Town, nor to carry the same in any vessel or boat of less than forty candies burthen in any of the creeks or waters adjacent to the said Town, without a Permit from the Commissionerof Salt, and Opium, which, Permit shall be in the form of Schedule A to this Act annexed, or to the like effect: any such Permit shall he in force only between sunrise and sunset of the day for which it is granted. Provided always, that it shall be lawful to convey without a Permit any Tobacco so far as may be necessary for the lawful importation thereof according to the provisions of this Act, and also small quantities of Tobacco, not exceeding in weight four seers of eighty tolas to the seers for personal or domestic use.
Section 10. No Permit for removal from warehouse of less than a bale and Proviso
No Permit shall be granted for the removal from warehouse of any quantity of Tobacco less than an entire bale or package. Provided that, when Tobacco is to be removed for con sumption in the said I own, the Commissioner of Customs, Salt, and Opium may give permission to open any bale or package previous to removal, and to set aside such portion thereof as may be refuse or waste; and the said refuse or waste may be re-exported, under the rules for the re-export of Tobacco, at any time within one month from the date of such permission, or, if it be not so re-exported, may be destroyed by order of the Commissioner.
Section 11. License for retail sale of Tobacco
It shall not be lawful for any person to sell or offer for sale by retail any Tobacco in the said Town without a license from the Commissioner of Customs, Salt, and Opium, or other Officer duly empowered by Government in that behalf, which license shall be in force for a period of twelve Calendar months from the date thereof, unless the person to whom the license is granted shall be deprived thereof under the provisions of this Act. A Fee of one Rupee shall be paid for every such license.
Section 12. What to be deemed a retail Bale
Any sale of Tobacco not exceeding in weight fourteen seers of eighty tolas to the seer shall be deemed to he a retail sale within the meaning of this Act.
Section 13. Retail sale to be only at the place mentioned in the license and Name of licensed dealer to be affixed to shop
It shall not be lawful for any licensed, retail dealer in Tobacco to carry on the retail sale of the same, or to keep any store of the same, except at such shop or other premises as may be specified in his license; and the name of every retail dealer in Tobacco, together with the number of his license, shall be written or painted in English, Quzerati, and Maharatti, in plain and legible characters of not less than one inch in height, on a board to be affixed in a conspicuous manner in the front of the shop or premises where such retail sale is carried on.
Section 14. Monthly returns of stock to be made by retail Dealers
14. Monthly returns of stock to be made by retail Dealers Every retail dealer in Tobacco shall, on or before the tenth day of each month, make to the Commissioner of Customs, Salt, and Opium, or other Officer as aforesaid, a separate return for each shop or place of sale for which he holds a license, showing the quantity of Tobacco on hand therein at the beginning of the preceding month, the quantity received during such month, and the persons from whom, and the dates on which, he received it, and the stock remaining at the close of such month; and any retail dealer who refuses or neglects to make such return, or makes a false return, shall be liable to be deprived of his license by the said Commissioner or other Officer as aforesaid, and to pay a fine not exceeding two hundred Rupees.
Section 15. Retail dealer to make entry in a book, of weight, &c., of all Tobacco received and inspection of book
Every retail dealer in Tobacco shall, on the same day on which he shall receive any Tobacco into any such shop or place of sale enter in a book to be kept for that purpose the weight of such Tobacco, the day on which he receives the same, and the name of the person from whom, and the place from which, he receives it; and such book shall be open to the inspection of the Commissioner of Customs, Salt, and Opium, or other Officer as aforesaid, or of any person authorized by the Commissioner or such Officer to inspect the same; and the Commissioner or other Officer or person as aforesaid inspecting the said book may make any minute therein, or any extract therefrom, which he shall think fit; and any retail dealer who neglects or refuses to comply with the provisions of this Section, shall for every offence be liable to be deprived of his license by the said Commissioner or other Officer as aforesaid, and to pay a fine not exceeding two hundred Rupees.
Section 16. Search Warrant
The Commissioner of Customs, Salt, and Opium, or other Officer as aforesaid, may issue a warrant under his hand and seal to any public Officer, commanding him to enter and search between sunrise and sunset any building or place to be specified in the warrant in which Tobacco may be deposited under the provisions of this Act, or in which the Commissioner or other Officer as aforesaid has been credibly informed which information shalt be taken down in wilting Tobacco is deposited contrary to the provisions of this Act, and to seize and take away from thence any Tobacco or other articles subject to confiscation under this Act.
Section 17. Power to arrest and detain and to search vehicles &c
The Commissioner of Customs, Salt, and Opium, or other Officer as aforesaid, or any public Officer authorized by the Commissioner or such Officer, may arrest and detain any person carrying or having charge of any Tobacco liable to confiscation under, this Act, and may detain and search any vessel or package, and any boat or vehicle, containing or conveying, or supposed to contain or convey, any such Tobacco.
Section 18. Confiscation of Tobacco illegally imported, removed, &c. and Mitigation of penalty.
18. Confiscation of Tobacco illegally imported, removed, &c. and Mitigation of penalty. All Tobacco imported into the said Town or removed from one place to another or kept within the said Town, or found in the possession of any person in the said Town, selling or offering any portion thereof for sale, contrary to the provisions of this Act, and every vessel in which such Tobacco is contained, and every vehicle, boat, or animal employed with the consent and knowledge of the owner or his servant in conveying the same shall to liable to confiscation. Provided always, that it shall be lawful for the adjudicating Officer to mitigate the penalty of confiscation herein provided, by commuting the same to the payment of any fine not exceeding the value of the goods liable to confiscation; and every such fine may be enforced, if necessary, by the sale of the goods liable to confiscation.
Section 19. Penalty for illegal importation, removal, sale, or possession and Revocation or license
Any person, who shall illegally import, remove, or sell in the said Town, any Tobacco, or who shall knowingly have in his possession any Tobacco subject to confiscation under this Act, shall be liable to a fine not exceeding ten times the value of such Tobacco; and if the offender is a licensed retail dealer, he shall be liable to be deprived of his license by the Commissioner of Customs, Salt, and Opium, or other Officer as aforesaid.
Section 20. Levy of fines and adjudication and sale confiscations
All confiscations and fines under this Act may be adjudicated and levied by any Magistrate of Police for the Town of Bombay. Goods adjudged liable to confiscation shall be of sold under warrant of the Magistrate.
Section 21. Interpretation
The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be some thing in the context repugnant to Inch construction:
The words Town of Bombay shall include all places within the Islands of Bombay and Colaba.
Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number. Words importing the masculine gender shall include females.
SCHEDULE A
No.
A.B. has been permitted to remove from (Custom House or licensed warehouse or shop no situated in Kabadavie street to warehouse or shop no in Bazar street) the under-mentioned quantity of Tobacco between sunrise and sunset on the day of in the year.
(Signed)