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Contents

Part I

17. Powers of Authorized Officer

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where any Authorized Officer has reasonable grounds to believe that there has been a violation of any provision of this Act or of any regulation made thereunder, he may—

(a)

at any reasonable time enter any place where he believes any tobacco product or alcohol product is manufactured, prepared, preserved, packaged, exposed for sale or stored and examine any such tobacco product or alcohol product and take samples thereof and also examine anything that he believes is used for the manufacture, preparation, preservation, packaging or storing of that tobacco product or alcohol product ;

(b)

for the purpose of carrying out effective search operation, stop or detain any vehicle in which he believes that any tobacco product or alcohol product is being conveyed, search that vehicle and examine any tobacco product or alcohol product which is being so conveyed and take samples thereof ;

(c)

open and examine any receptacle or package that he believes contains any tobacco product or alcohol product ;

(d)

seize and detain for such time as may be necessary any tobacco product or alcohol product by means of, or in relation to which he believes any provision of this Act or regulation made thereunder has been contravened, in furtherance of the powers, duties or functions conferred on or assigned to him under the Act.

(2)

An Authorized Officer acting under this section may, if so required, produce his authority.

(3)

The owner or person in charge of a place which by an

Authorized Officer enters in pursuance of subsection (1) and every person found therein shall give the Authorized Officer all reasonable assistance in his power and furnish him with such information and such samples as he may require.

(4)

Information obtained by an Authorized Officer under subsection (3) shall not be disclosed except to a Government

Department or to a Court unless other is required for the purposes of administration or enforcement of this Act.

(5)

No person shall obstruct any Authorized Officer acting in the exercise of his powers under this Act or any regulations made thereunder.

(6)

No person shall knowingly make any false or misleading statements either orally or in writing to any

Authorized Officer, engaged in the exercise of his powers under this Act or any regulations made thereunder.

(7)

Every vendor of a tobacco product or alcohol product shall if so required by an Authorized Officer, disclose to the

Authorized Officer the name, address and other particulars as may be required of the person from whom that vendor purchased that tobacco product or alcohol product.

(8)

Any tobacco product or alcohol product seized under this Act may, at the option of an Authorized Officer, be kept or stored in the building or place where it was seized or may at his discretion be removed to any other place.

(9)

It shall be the duty of every Authorized Officer to forthwith inform the Authority of any seizure made under this Act.