ARRANGEMENT OF SECTIONS
1. Short title.
3. Provisions relating to staff.
4. Excise seal and flag.
5. Officer to have powers of police officer.
6. Hours of attendance.
7. Offences by, or in relation to, officers.
MANUFACTURE OF EXCISABLE GOODS
8. Licence required to manufacture excisable goods.
9. Licensing Authority.
10. Application for and grant of licence.
11. Transfer of licence.
12. Power to revoke licence.
13. Effect of revocation of licence.
14. Provisions of facilities for excise control.
15. Licensee to keep books.
DENATURING OF SPIRITS
16. Licence required to denature spirits.
17. Application of Part III and sections 18 and 19 to the denaturing of spirits.
CONTROL OF MANUFACTURE
Entry of Premises and Plant
19. Rooms and plant to be marked.
Provisions relating to Manufacture of Beer
20. Provisions relating to brewing book.
21. Notice of brewing may be required.
22. Provisions relating to brewing.
23. False declaration of original gravity of beer.
Provisions relating to the Manufacture of Spirits
24. Licensing Authority may direct Act and Regulations not to apply.
25. Distiller's and rectifier's warehouse.
26. Restriction on delivery of immature spirits for home use.
27. Restriction on other trades by distiller, rectifier or denaturer.
28. Keeping or using of still otherwise than by distiller or rectifier prohibited.
29. Deposit of rectified or compounded spirits in bonded warehouse.
Provisions relating to Manufacture of Excisable Goods other than Beer and Spirits
30. Storage of excisable goods after manufacture.
31. Stock book and returns.
32. Deficiency or excess in stock of licensee.
33. Manufacture of tobacco.
34. Fortification and mixing of wine.
PROVISIONS RELATING TO SECURITIES
35. Commissioner-General may require security.
36. General provisions relating to giving of security.
37. Provisions relating to sureties.
38. Enforcement of bond.
Liability to Duty
39. Rates of duties specified in Partner States legislation.
40. Different rates of excise duty on transfer of goods.
41. Excisable goods liable to duty on re-importation.
42. Excisable goods granted remission liable to duty on disposal.
43. Liability of beer to excise duty.
44. Transfer of beer in bulk.
Computation of Duty on Beer
45. Basis for computing duty on beer.
46. Provision for case of excess gravity in worts.
47. Time for determining rate of duty and payment.
Computation of Duty on Spirits
48. Time of delivery determines rate of duty.
49. Duty on spirits - attenuation charge.
50. Ascertainment of strength, weight and volume of spirits.
51. Penalty for excess or deficiency in stocks of spirits.
52. Duty on compounded spirits in bonded warehouse.
Computation of Duty on Excisable Goods other than Beer and Spirits
53. Time of delivery determines rate of duty.
54. Allowance in determining weight of cigarettes.
55. Ascertainment of duty where wine fortified or mixed.
Payment of Duty
56. Recovery of duty.
57. Recovery of duty by distress.
58. Short levy or erroneous refund.
59. Duties to apply proportionately.
Remission, Rebate and Refund
63. Remission or refund of duty on spirits delivered for denaturing.
64. Remission of duty in accordance with laws of Partner States.
65. Special provisions relating to spoilt beer.
67. Authority of agent.
68. Liability of duly authorised agent.
69. Liability of licensee for acts of duly authorised agent.
PREVENTION OF EVASION
Powers of Officers
70. Power to patrol freely and moor vessels.
71. Power to enter and examine factory.
72. Power to seal buildings.
73. Power to stop vehicles.
74. Power to search person.
75. Power of arrest.
76. Power to search premises.
77. Search warrants.
78. Power to require production of books.
79. Power to call for assistance.
80. Offences with violence.
81. Offences in connection with spirits.
82. Inducing another to commit offence.
83. Offence to warn offender.
84. Offence to assume character of officer.
85. Offence to make or use false documents.
86. Offence to use false measures.
87. Offence to refuse to produce documents.
88. Offence to interfere with Excise property.
89. Goods offered on pretence of being duty free.
90. Aiders and abettors.
PENALTIES, FORFEITURES AND SEIZURES
91. General penalty.
92. Vessels liable to forfeiture.
93. Power to seize goods liable to forfeiture.
94. Procedure on seizure.
95. Effect of conviction on things liable to forfeiture.
96. Procedure after notice of claim.
97. Provisions relating to condemnation.
98. Restoration of seizures.
99. Proceedings triable in court of resident magistrate.
100. Actions by or against the Commissioner-General.
101. Limitation of proceedings.
102. Provisions relating to proof in proceedings.
103. Penalties for offences.
104. Place of trial.
105. Protection of witnesses.
106. Reasonable grounds a defence in any action against officer.
107. Power of officer to prosecute.
SETTLEMENT OF CASES BY THE COMMISSIONER-GENERAL
108. Power of Commissioner-General to compound offence by agreement.
109. Power of Commissioner-General to compound offence without agreement.
110. Provisions relating to prescribed forms.
111. Provisions relating to all documents.
112. Production of documents.
113. Provisions relating to declarations and signatures.
114. Service of notices.
115. Provisions relating to removal of goods.
116. Proper officer may take samples.
117. Licensee to furnish annual audit certificate.
119. Auctioneers legislation not to apply to sales.
120. Licensing of vehicles conveying excisable goods to stock room.
121. Power of Commissioner-General in special cases.
124. Imposition of excise duty.
125. Persons liable to pay excise duty.
126. Payment of duty.
127. Payment of duty may be deferred.
128. Where person liable is absent from United Republic.
130. Double payment of duty.
131. Customs control of scheduled article.
132. Importation of scheduled articles.
133. Entry of scheduled articles and warehousing.
134. Duty of an importer.
135. Exemption from duty on scheduled articles remaining on board.
136. Exemption from duty on articles entered for exportation, etc.
137. Information and documents.
138. Manufacturer to keep records.
139. Rate of duty.
140. Computation of tax.
141. Determination of taxable value.
142. Ascertainment of taxable value by Commissioner.
143. Duty computed on maximum weight of a category.
144. Effect of alteration in excise duties.
145. Remission, rebate and refund.
146. Remission of duty.
147. Registration of dealers.
148. Application for registration.
149. Application of certain provisions of the Sales Tax Act.
THE EXCISE (MANAGEMENT AND TARIFF) ACT
An Act to make provision for the control of the manufacture of excisable goods, the denaturing of spirits, for the collection of excise duties and for related and connected matters.
[1st November, 1954]
13 of 1952
5 of 1959
1 of 1961
15 of 1961
3 of 1963
12 of 1963
1 of 1965
12 of 1969
14 of 1969
4 of 1970
12 of 1970
(E.A.C.) Acts Nos.
19 of 1977
8 of 1998
12 of 1999
14 of 2001
18 of 2002
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Excise (Management and Tariff) Act.
(1) In this Act, except where the context otherwise requires–
"aircraft" includes every description of craft used in aerial navigation;
"appropriate Partner State legislation" means any legislation of any of the Partner States imposing any rate of excise duty on the manufacture in that Partner State of any excisable goods;
"approved" means approved by the Commissioner-General;
"beer" includes ale, porter, and any other description of beer and any liquor which is made or sold as a description of, or substitute for, beer and which contains more than two per centum of proof spirit but does not include–
(a) in the case of Kenya, African intoxicating liquor as defined in the African Liquor Act * of Kenya; or
(b) in the case of Tanzania, local liquor as defined in the Intoxicating Liquors Act *; or
(c) in the case of Uganda, native liquor as defined in the Liquor Act * of Uganda; or
(d) any kind of beer which the Authority may by order exclude from the provisions of this Act;
"bonded warehouse" means any warehouse licensed by the Commissioner-General under the East African Customs and Transfer Tax Management Act * for the deposit of dutiable goods on which duty has not been paid and which have been entered to be warehoused;
"brewer" means the holder of a valid licence to brew beer;
"by authority" means by the authority of the Commissioner-General or of any officer doing his duty in the matter in relation to which the expression is used;
"cigar" means a cigar, cheroot or cigarillo, prepared from tobacco;
"cigarette" means a cigarette prepared from tobacco and includes any form of tip, and the paper of the cigarette;
"Commissioner-General" means the person for the time being having charge of the East African Customs and Excise Department and includes a Commissioner of Customs;
"compounded spirits" means spirits which have been distinctly altered in character by redistillation with, or by the addition of, flavouring matter or other material or ingredient; and "to compound" means to prepare compounded spirits;
"days" does not include Saturdays, Sundays or public holidays;
"denaturer" means a person holding a valid licence to denature spirits under this Act; and "to denature" means to render unfit for human consumption;
"dissolving" means dissolving of materials for making any priming or colouring solution;
"distiller" means a person holding a valid licence to manufacture spirits under this Act by distillation of a fermented liquor or enguli or by any other process; and "distillery" means the distiller's factory;
"distiller's warehouse" means a place of security provided by a distiller and approved by the Commissioner-General under section 25;
"duty" includes any imposition, tax or surtax, imposed by any excise law;
"enguli" means any spirituous liquor of the type known as enguli, including any drink containing such liquor, which is conveyed into a receiver in a distillery entered under this Act as an enguli receiver;
"excisable goods" means any goods manufactured in any of the Partner States and on the manufacture of which an excise duty is imposed in that Partner State;
"Excise" or "the Excise" means the East African Customs and Excise Department;
"excise duty" means any duty of excise imposed under section 124 of this Act;
"excise laws" includes this Act and any enactment relating to the Excise or to the manufacture of any excisable goods, and any subsidiary legislation made under the authority of this Act or any such enactment;
"excise revenue" means any amounts collectible by the Excise in accordance with the provisions of the excise laws;
"export" means to take or cause to be taken out of the Partner States;
"factory" means any premises on which a person is licensed to–
(a) manufacture and store excisable goods;
(b) use excisable goods in any other manufactures of other goods;
"feints" means spirits conveyed into a receiver in a distillery entered under this Act as a feints receiver;
"licence" means a valid licence issued under this Act;
"low wines" means spirits of the first extraction conveyed into a receiver in a distillery entered under this Act as a low wines receiver;
(a) the production of excisable goods;
(b) any intermediate or uncompleted process in the production of excisable goods;
(c) the rectifying or denaturing of spirits; or
"manufactured tobacco" means tobacco made up–
(a) ready for smoking in a pipe; or
(b) ready for use in the making of cigarettes or cigars; or
(c) in the form of cake, plug, roll, or stick;
(d) in the form of snuff;
"materials" means any goods from which excisable goods are capable of being manufactured and any residue from any process of manufacture;
"master" includes any person for the time being having or taking charge or command of any aircraft or vessel;
"methylated spirits" means spirits denatured in accordance with a formula prescribed by regulations made under this Act for methylated spirits;
"night" means the period between six o'clock in the afternoon of any day and six o'clock in the forenoon of the following day;
"officer" includes any person other than a labourer employed in the service of the Excise or for the time being performing duties in relation to the Excise;
"owner" in respect of any excisable goods, materials, aircraft, vessel, vehicle, plant or other thing, includes any person, other than an officer acting in his official capacity being or holding himself out to be the owner, manufacturer, agent, or the person in possession of or beneficially interested in or having control of or having power of disposition over, such goods, materials, aircraft, vessel, vehicle, plant or other thing;
"plant" includes utensils, presses, machinery, mills, implements, appliances and fittings;
"premises" includes any building, house, room or place;
"proper officer" means any officer whose right or duty is to require the performance of or to perform, the act referred to;
"rectifier" means a person holding a valid licence to rectify spirits under this Act and "to rectify" means to redistill spirits removed from a spirits receiver for the purpose of purifying or adding flavour but does not include the redistilation of enguli;
"rectifier's warehouse" means a place of security provided by a rectifier and approved by the Commissioner-General under section 25;
"regulations" means any regulations made under this Act;
"specially denatured spirits" means spirits denatured in accordance with a formula prescribed by regulations relating to specially denatured spirits;
"spirits" means spirits of any description and includes all liquor mixed with spirits and all mixtures and compounds or preparations made with spirits, but does not include denatured spirits or enguli and in the case of Tanzania, local liquor as defined in the Intoxicating Liquor Act * ;
"still" includes any part of a still;
(a) any saccharine substance, extract or syrup;
(c) flaked maize and any other description of corn which in the opinion of the Commissioner-General is prepared in a manner similar to flaked maize;
(d) any other material capable of being used in brewing except malt, corn, hops, hop concentrate or hop oil;
"tons register" means the tons of a ship's net tonnage as ascertained and registered according to the tonnage regulations of the Merchant Shipping Act * or in the case of a ship which is not registered under that Act, ascertained in like manner as if it were to be so registered;
"utensil" includes any container, tank, storage bin, receptacle or vat;
"vehicle" includes every description of conveyance for the transport by land of human beings, animals or property;
"wash" means the fermented liquor from which spirits are produced by distillation;
"wine" means liquor of a strength not exceeding 50 degrees of proof which is made from fruit and sugar or from fruit or sugar mixed with any other material and which has undergone a process of fermentation in the manufacture thereof and includes mead;
"worts" means the liquid obtained by dissolving sugar or molasses in water or by extracting the soluble portion of malt or corn in the process of brewing and any priming or colouring solution.
(2) For the purposes of this Act–
(a) [Repealed by section 7(c) of Act No. 19 of 1977];
(b) every act matter or thing required or authorised by this Act to be done or performed by, with, to or before, the Commissioner-General, if done or performed by, with, to or before, any officer appointed by the Commissioner-General for such purpose, shall be deemed to be done or performed by, with, to or before, the Commissioner-General;
(c) every person employed on any duty or service relating to the Excise by order or with the concurrence of, the Commissioner-General, shall be deemed to be the proper officer for that duty or service and, every act required by law at any time to be done by, with, to or before, any particular officer nominated for such purpose, if done by, with, to or before any person appointed by the Commissioner-General to act for such particular officer, shall be deemed to be done by, with, to or before, such particular officer.
ADMINISTRATION (ss 3-7)
(1) [Repealed by Act No. 19 of 1977 s. 7(d).]
(2) Every officer shall, for the purposes of the Penal Code * of any of the Partner States, be deemed to be a person employed in the public service of that Partner State.
(3) The Commissioner-General may authorise any officer to exercise any of the powers conferred by this Act upon the Commissioner-General subject to such limitations as the Commissioner-General may think fit.
(4) Every officer shall be liable to serve in any place in the Partner States an shall perform such duties as may be required of him by the Commissioner-General.
(5) Every officer who is appointed to any permanent office or employment in the Excise shall upon appointment, make and subscribe before a magistrate or commissioner for oaths, a declaration in the form set out in the First Schedule.
(1) There shall be a seal of the Excise which shall be officially and judicially noticed.
(2) There shall be a flag of the Excise which shall distinguish vessels employed in the service of the Excise from other vessels.
For the purpose of carrying out the provisions of this Act, every officer shall, in the performance of his duty, have all the powers, rights, privileges and protection, of a police officer of the Partner State in which such officer so performs his duty.
(1) The working days and hours of general attendance of officers shall be such as may be prescribed.
(2) Where any person desires the attendance of any officer at a time outside the hours of general attendance, such person shall make request on the prescribed form to the proper officer at the place where such attendance is desired; and, subject to any regulations and to the payment of the prescribed fees, the grant of such request shall not be unreasonably refused by the proper officer 1.
(1) Any officer who–
(a) directly or indirectly asks for or takes, in connection with any of his duties, any payment or other reward whether pecuniary or otherwise or any promise or security for any such payment or reward, not being a payment or reward which he is lawfully entitled to claim or receive; or
(b) enters into or acquiesces in any agreement to do, abstain from doing, permit, conceal or connive at, any act or thing whereby the excise revenue is or may be defrauded, or which is contrary to the provisions of the excise laws or the proper execution of his duty; or
(c) discloses, except for the purposes of this Act or when required to do so as a witness in any court or with the approval of the Authority, any information acquired by him in the performance of his duties relating to any person, firm or business of any kind,
shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand shillings, or to imprisonment for a term not exceeding three years, or to both.
(2) Any person who–
(a) directly or indirectly offers or gives to any officer any payment or reward, whether pecuniary or otherwise, or any promise or security for any such payment or reward; or
(b) proposes or enters into any agreement with any officer,
in order to induce that officer to do, abstain from doing, permit, conceal or connive at, any act or thing whereby the excise revenue is or may be defrauded or which is contrary to the provisions of the excise laws or the proper execution of the duty of such officer, shall be guilty of an offence and shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three years, or to both such.
MANUFACTURE OF EXCISABLE GOODS (ss 8-15)
(1) No person shall manufacture any excisable goods unless he is licensed by the Licensing Authority in accordance with this Act.
(2) Any person who contravenes this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings or to both and any plant, excisable goods and materials, in respect of which such offence has been committed, shall be liable to forfeiture.
For the purposes of this Act the Licensing Authority in respect of each Partner State shall be such authority as may be designated for this purpose by resolution of the National Assembly of that Partner State:
Provided that until any such authority is so designated, that authority shall be deemed to be the President of the Partner State.
(1) Subject to this Act, the Licensing Authority may, upon application, grant a licence to any person to manufacture any excisable goods; and the Licensing Authority may, without assigning any reason, refuse to grant any such licence.
(2) A separate application shall be required in respect of–
(a) each factory in which excisable goods are to be manufactured;
(b) each class of excisable goods to be manufactured.
(3) Every application for a licence shall be made to the Commissioner-General in the prescribed form and the Commissioner-General shall forward such application to the Licensing Authority with his recommendations.
(4) Where the Licensing Authority has granted any licence, then the Commissioner-General, acting on behalf of the Licensing Authority, shall, on payment of the prescribed fee, issue the licence in the prescribed form and such licence shall expire on the 31st December in each year; and the Commissioner-General shall, unless otherwise directed by the Licensing Authority, on application and on payment of the prescribed fee, issue a renewal of such licence for the next ensuing year to the licensee.
(5) Every licence shall be issued to a particular person and shall be in respect of the factory and class of excisable goods specified in the licence and–
(a) a factory in respect of which a licence has been issued under this Act shall not be used–
(i) except for the manufacture of the excisable goods specified in the licence;
(ii) for the manufacture of more than one class of excisable goods:
Provided that for the purposes of this paragraph cigarettes, cigars and manufactured tobacco, shall be regarded as one class of excisable goods; and
(b) no person other than the licensee shall manufacture any goods, whether excisable or not, in such factory.
(6) Any person who contravenes subsection (5) shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings or to both; and any plant, excisable goods, and materials in respect of which such offence has been committed shall be liable to forfeiture.
(1) Any licensee may apply to the Licensing Authority–
(a) to transfer his licence to any other person and in any such case such other person shall be joined in such application;
(b) to transfer his factory to any other place; and
(c) to manufacture another class of excisable goods in his factory upon ceasing to manufacture in such factory the class of excisable goods specified in the licence,
and the Licensing Authority may, without assigning any reason, refuse to grant any such application.
(2) Every application under this section shall be made to the Commissioner-General on the prescribed form and the Commissioner-General shall forward such application to the Licensing Authority with his recommendations.
(3) Where the Licensing Authority has granted any application under this section, then the Commissioner-General shall, upon surrender of the existing licence and on payment of the prescribed fee, if any, make the necessary endorsement on the licence or issue a fresh licence, as the Commissioner-General may think most convenient.
(1) The Licensing Authority may revoke or suspend or direct the Commissioner-General not to renew, any licence where it is satisfied that–
(a) the licensee has been guilty of any offence under this Act;
(b) the licensee has been convicted of any offence involving dishonesty or fraud;
(c) the licensee has become a bankrupt or has entered into any arrangement or composition with or for the benefit of his creditors;
(d) the factory or the plant in the factory is of such a nature or so is maintained that, the excisable goods manufactured are likely to be adversely affected; and
(e) the factory is so designed, equipped or sited, as to render difficult the supervision of the factory for excise purposes.
(2) Where the Licensing Authority revoked or suspends, or directs the Commissioner-General not to renew, any licence under this section, then notice of that fact shall immediately be given to the licensee by the Commissioner-General.
(1) Where any licence has been revoked or suspended or has expired, then the licensee shall–
(a) immediately cease to manufacture the excisable goods referred to in the licence;
(b) immediately pay duty on the excisable goods manufactured under such licence;
(c) not dispose of any materials in the factory to which such licence relates, except in accordance with such conditions as the Commissioner-General may impose.
(2) Any person who contravenes this section or any conditions imposed by the Commissioner-General under this section, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings or to both and any plant, excisable goods and materials, in respect of which such offence has been committed shall be liable to forfeiture.
(1) The Commissioner-General may, for the purpose of ensuring proper excise control, require a licensee to provide and maintain, to the satisfaction of the Commissioner-General and at a rental to be approved by the Commissioner-General suitable housing accommodation for the officer assigned to the duty of excise control of a factory.
(2) The Commissioner-General may, for the purpose of ensuring proper excise control, require a licensee to provide and maintain, to the satisfaction of the Commissioner-General, suitable office accommodation and equipment in a factory for the officer assigned to the duty of excise control of such factory.
(3) Every licensee shall provide and maintain at his factory all such just scales and weights, lights, ladders, and other equipment, as may be necessary in order to enable the proper officer to take account of, or check by weight, gauge or measure, all excisable goods or materials in such factory.
(4) Where any licensee fails to comply to the satisfaction of the Commissioner-General with any requirement made by the Commissioner-General under subsections (1) or (2), then the Licensing Authority may revoke or suspend or direct the Commissioner-General not to renew, the licence of such licensee.
(1) Every licensee shall keep at his factory and in the prescribed manner, all such records as may be required under the provisions of the excise laws and, shall make in the records, the prescribed entries relating to the manufacture, storage and delivery, of excisable goods and materials and every such entry shall be made legibly in ink and, subject to section 20, shall not be altered in any manner other than by cancellation, by drawing a single line in ink through the incorrect entry so as to allow the original entry to remain legible or by amendment, by drawing a single line through the incorrect entry and making a correcting entry above the entry cancelled.
(2) Every licensee shall render, in the prescribed manner and at the prescribed times, such returns as may be required in accordance with the provisions of the excise laws.
(3) All records required to be kept under the provisions of the excise laws shall at all times be available for inspection by the proper officer and such officer may take copies of any entry in such records.
(4) Any licensee who contravenes subsection (1) shall be guilty of an offence.
DENATURING OF SPIRITS (ss 16-17)
(1) No person shall denature spirits for sale as denatured spirits unless he is licensed by the Licensing Authority in accordance with this Act.
(2) No spirits shall be denatured for sale as denatured spirits except in accordance with a formula prescribed by regulations made under this Act for either methylated spirits or specially denatured spirits.
(3) Any person who contravenes this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand shillings or to both; and any plant, spirits and materials in respect of which such offence has been committed shall be liable to forfeiture.
Part III and sections 18 and 19 of this Act shall apply to the denaturing of spirits as they do to the manufacture of excisable goods:
Provided that nothing in subsection (5) of section 10 shall preclude a distiller licensed to denature spirits, from denaturing distillery spirits manufactured by him.
CONTROL OF MANUFACTURE (ss 18-34)
Entry of Premises and Plant (ss 18-19)
(1) Every licensee shall, before commencing manufacture, make entry in the prescribed form and in the prescribed manner of each building, room, place and item of plant, in the factory which he proposes to use in the manufacture, preparation for sale or storage, of materials or excisable goods and, in each such entry, he shall specify the purpose for which each such building, room, place or item of plant, is to be used and, unless the Commissioner-General otherwise allows, the mark by which it is to be distinguished.
(2) Where a licensee is a body corporate, then such entry shall be made under the seal of the body corporate and the signature of any principal officer authorised by the constitution of such body corporate to authenticate such seal or, by any agent duly authorised under such seal and signature.
(3) The Commissioner-General may, at any time by notice in writing to the licensee, require new entry to be made by the licensee within one month of the date of such notice and, as from the expiration of such period, the existing entry shall be deemed to be void and of no effect.
(4) A licensee shall not, in the course of the manufacture, preparation for sale or storage, of any materials or excisable goods–
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