and Magazine of the Ceylon Agricultural Society, 



509 



LICENSES TO SELL RUBBER. 



In the first number of the F.M.S. Government 

 Gazette is published the draft of 'An Enactment 

 to provide for the Control of Dealings in Culti- 

 vated Rubber,' which will be submitted to the 

 first meeting of the new Federal Council. After 

 stating that the words 'cultivated rubber' include 

 any product from a plant or tree on alienated 

 land yieldingrubberorguttapercha, and that the 

 Licensing Officer is the District Officer, or such 

 person as the Resident may have appointed to 

 take his place, the draft Enactment goes on to 

 say that, unless duly licensed, no one shall pur- 

 chase any cultivated rubber ; nor shall anyone 

 keep any factory for the purpose of treating 

 rubber, or keep a house for storing rubber not 

 grown on land in his occupation. It is laid down 

 that a license to purchase rubber will include 

 the right to keep a place for its purchase and 

 storage, while a license to treat rubber will in- 

 clude the rights conveyed by a license to pur- 

 chase. The cost of a license will be $25, but no 

 license wili be issued till the applicant has made 

 a deposit of $200. The deposit will be returned 

 at the expiration of one month from the date on 

 which the license expires or is ortherwise deter- 

 mined, but no return will be made while legal 

 proceedings under the Enactment aro pending 

 against the licensee, and the moneys deposited 

 shall be liable to be applied in satisfaction or 

 part satisfaction of fines inflicted under the 

 Enactment. The interest on a deposit shall be 

 payable to the depositor. The licenses will ex- 

 pire on Dec. 31st on the year of issue and are not 

 transferable. 



Powers of the Licensing Officer. 



The Licensing Officer will have power to 

 refuse to grant or refuse to renew a license, but 

 if required by the applicant or licensee, he 

 must state, in writing, his reasons for his 

 refusal. He may also, with the approval of the 

 Resident-General, refuse a license to any person 

 " who is the agent of or is under any obligation 

 or agreement to act for any individual, corpora- 

 tion or combination which he is satisfied is 

 attempting, or about to attempt, to secure 

 control of the output of, or the market for, any 

 cultivated rubber." 



The Licensing Officer will also be empowered 

 to cancel a license, if the licensee applies for the 

 return of his deposit or upon the licensee's 

 conviction for any offence under the Enactment 

 or on any charge involving f radulent dealing. 



It is also laid down that the Licensing officer 

 shall, upon the receipt of an order from the 

 Resident General, cancel the license of any 

 licensee who in the opinion of the Resident- 

 General is acting with a view to control the 

 output or the market of rubber, either on his 

 own behalf, or on behalf of some other person 

 or corporation. Such a cancellation, however, 

 will be subject to the approval of the High 

 Commissioner. 



DCTIES OF THE LICENSEE. 



The draft Enactment provides that the licensee 

 must always keep his license posted in a cons- 

 picuous place, and he must at all times allow his 

 premises to be inspected by the proper autho- 



rities. He will also be required not to purchase 

 rubber except on the place where his license is 

 posted. Further he must keep books and enter 

 in them, from day to day, particulars concerning 

 his dealings in cultivated rubber. These parti- 

 culars comprise : the date of the transaction, 

 the name and address of the person dealt with, 

 the weight and description of the rubber, the 

 price for which it was bought or sold, and the 

 number and description of the title of the land 

 on which it was grown. The books must be pro- 

 duced when required, and must be preserved 

 for a year following the date of last entry. 



A licensee may purchase, and a forwarding 

 agent may receive, no rubber except upon the 

 delivery to him of a written authority from the 

 vendor or consignor for the sale or despatch of 

 the rubber, and this authority must bear the 

 signature or "chop" of the person in occupation 

 of the land on which the rubber was grown, or 

 of his agent. 



Penalties. 



Any person committing an offence against, 

 or failing to comply with, the provisions of the 

 Enactment will be liable on conviction to a tine 

 not exceeding $1,000. A further provision lays 

 down that the Resident may, with the approval 

 of the Resident-General, make rulos under the 

 Enactment, and anyone infringing these rules 

 will be liable to a fine of not more than $500, 

 and, if he continues to commit a broach of the 

 rules, ho will be liable to a fine of $50 a day as 

 long as the breach continues. A Magistrate's 

 Court of the first class will have power to try 

 all offences under the Enactment, and the Court 

 may direct that a sum of money, not exceeding 

 the fine levied; be paid to anyone upon whose 

 information a conviction is obtained. Appeals 

 from the decision of the Magistrate's Court 

 must be made to the Resident within 30 days, 

 and the decision of the Resident will be final! 

 When the refusal or cancellation of a license 

 has been made by the District Officer upon in- 

 structions from, or under the advice of the 

 Resident, the rule regarding appeals will not 

 apply. The rules under which an action can be 

 brought to recover damages for anything done 

 by Government offices under the Enactment are 

 the same as those usual in such cases — Malay 

 Mail, Nov. 23. 



(To the Editor, "Malay Mail.") 

 Sir, — In connection with your review of the 

 draft Enactment " to provide for the control of 

 dealings in cultivated rubber," there is one 

 point which I think should be cleared up in the 

 interests of the numerous Malay holders of 

 small plots of land which in the aggregate already 

 produce a considerable amount of rubber. 



Clause 3 renders it unlawful for any person 

 unless duly licensed in that behalf : — 



i. To purchase any cultivated rubber, ii, To 

 keep any factory or placo for the purpose of 

 treating cultivated rubber, iii. To keep any 

 house, store, shop, or place for the purpose of 

 purchasing or storing therein any cultivated 

 rubber other than such as has been grown or 

 produced on land in his own occupation. 



