CHAPTER 384
TRADITIONAL LIQUOR (CONTROL OF DISTILLATION) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
MANUFACTURE AND SALE OF TRADITIONAL LIQUOR

   3.   Traditional liquor to be manufactured under licence.

   4.   Minister's power to control manufacture of traditional liquor.

   5.   Licensing Authority.

   6.   Disqualification for obtaining licence .

   7.   Refusal to grant licence to be final.

   8.   Duration of licence.

   9.   Contents of a licence.

   10.   Conditions to be observed by licensees.

   11.   Effect of breach of condition.

   12.   Restriction on access to premises of manufacture or storage.

   13.   Revocation of licence by licensing Authority.

   14.   Revocation of licence by Minister.

   15.   Buying posts.

   16.   Supervisors.

   17.   Procedure at sale of traditional liquor.

   18.   No compensation payable for confiscated traditional liquor.

PART III
DISTILLATION OF TRADITIONAL LIQUOR

   19.   Licence to distil traditional liquor.

   20.   Conditions of distiller's licence.

   21.   Effects of breach of condition.

   22.   Duration of licence.

   23.   Revocation of distiller's licence.

PART IV
TAX PROVISIONS

   24.   Tax on spirits.

   25.   Rate of tax.

   26.   Tax to be debt due to the Republic.

   27.   Exemptions.

   28.   Regulations relating to tax.

PART V
GENERAL PROVISIONS

   29.   Unlawful sale of traditional liquor.

   30.   Unlawful possession of traditional liquor.

   31.   Unlawful consumption of traditional liquor.

   32.   Power to enter and inspect licensed premises.

   33.   Search warrant for detection of traditional liquor sold or kept contrary to law.

   34.   General penalty.

   35.   Forfeiture.

   36.   Burden of proof.

   37.   Regulations.

   38.   Exemption from the East African Excise Management Act, 1952.

   39.   [Amendment of R.L. Cap. 77.]

   40.   [Revocation of R.L. Cap. 77.]

   41.   [Amendment of R.L. Cap. 332.]

CHAPTER 384
THE TRADITIONAL LIQUOR
(CONTROL OF DISTILLATION) ACT

An Act to make provision for the licensing of the manufacture of traditional liquor and to regulate the sale and distillation of traditional liquor.

[1st January, 1969]
[G.N. No. 451 of 1968]

Acts Nos.
62 of 1966
11 of 1970
22 of 1981

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Traditional Liquor (Control of Distillation) Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "buying post" means a buying post established by the Minister under section 15;

   "distil" includes redistill;

   "distiller" means a person holding a valid licence to manufacture spirits under this Act by distillation of traditional liquor; and "distillery" means his factory;

   "licence" means any person who has been granted a licence under this Act to manufacture traditional liquor;

   "licensing authority" means a local authority having the power to grant licences to manufacture traditional liquor;

   "local authority" means where the area is a city the city council; where the area is a municipality the municipal council; where the area is a township the town council and where the area is that of a district council the district council;

   "Minister" in Parts I, II, III and V means the Minister for the time being responsible for industries and in Part IV means the Minister for the time being responsible for finance;

   "spirits" means any intoxicating Liquor in the nature of an abscessor abstract from any substance, obtained by distillation, and includes any liquor mixed with spirits;

   "supervisor" means a person appointed as a supervisor under section 16;

   "tax" means the tax on spirits payable in accordance with the provisions of Part IV;

   "traditional liquor" means any spirits, notwithstanding the names by which they are known, which are distilled otherwise than in accordance with the term of a licence issued under section 19 of this Act, and includes spirits commonly known as moshi, machozi ya simba, gongo and umeme;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.