Notification, 1997

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

,, ,..,. *w'' *a 260 ] No. 260 1 m, ? V , 27, 1 9 9 7 / q 6 , 1919

NEW DELHI, FIUDAY, JUNE 27,19971ASADHA 6,1919

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MLNZSTRY OF FINANCE

(Department of Revenue)

NARCOTICS CON-OL BUREAU

New Delhi, the 25th June, 1997 G.S.R. 350@).-In cxacise of the powers conferred by section 9 read with section 76, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) the Central Government hcreby makes the following rulcs further to amend the Narcotic Drugs and Psychotropic Substances Rules. 1985. namely :

1. Short title anC commencement. ( 1 1 These rules may be called the Narcotic Drugs and Psychotropic Substances (Amendment] Rules, 1997.

123 They shall come into force from the date of their publication in the Official Gazette.

2. In rule 35 of the Narcotio Drum and Psychotropic Subntanoea Rulea, 1985 [hereinafter referred to as the principal rules) the following proviso shall be inserted, namely :

"Provided that nothing contained in this rule shall apply in case the drugs are manufactured by Government opium factory or by ahemical ataif employed under the Central Board of Excise and Cuatoma or any person authorised by the Narcotics Commissioner by a special liaence for purposes mentioned in Chapter VIIA :

Provided further that the Narcotics Commissioner shall consult the Drugs Controller General of India before issuing a licence under thia Chapter." ,.

3. In rule 38 of the principal rules after the word an8 fimres "rule 37". the words and figures "or under the proviso to rule 35" nhall be inserted.

6 THE GAZETTE OF INDIA : EXTRAORDNARY [PART 11-SEC. 3(i)]

4. In rule 39 of the principal rulea after the word8 and figures "rule 37", the wordn and figurns "or under the provieo to rule 35" shall be inaerteci.

5. In rule 53 of the principal rules the following proviso shall be inserted, namely : - "Provided that nothing in this rule aha11 apply in case the drug substance is imported into or exported out of India subject to an import certificate or export authorisation issued under the provision- of this Chapter and for the purposen mentioned in Chapter VIIA."

6. In rule 65 of the principal rules the following proviso shall be inserted, namely : - "Provided that nothing contained in this rule shall apply in aage the psychotropic substances specified in Schedule-I are exported inter-state, sold, purchased, consumed or usad subject to other provisions of this Chapter which applies to psychotropic substances which are not inclyded in Schedule-I and for the purposes mentioned in Chapter VIIA.

Prc~vided further that the authority incharge of the drug control in a State referred to in sub-rule (2) of rule 65 shall consult the Narcotics Commissioner beforc issuing a licence under rule 65 in respect of paychot,ropic substances included In

7. After chapter VII o f the principal rules, the following Chapter shall be inserted, namely : - "CHAPTER VIIA Special Proviaions regarding mmufacture.

posseasion, transport, import-axport, purchase and consumption of narcotic drugs and p~ychotropic substances for modi'cal and aalentific purposes 67A. Notwithatanding anything contained in the foregoing provisions of these rules - ( a ) a narcotic drug4 and psychotropic substance may be uaed for - ( I ) flciantifiu requirements inaluding analytical requirernenta of ' any Government laboratory or any research inetitution in Indin or abroad;

(11) very limited medical requirements of a. foreignor by a duly authoriaed person of a ho~pital or any other establishment of the Government espeolally approved by that Government;

L* (iiil the purpose of do-addicttion of drug addicts by Government or local body or by an approved charity or voluntary organisation or by s~r>h ~ t h e x institution as may be approved by the Central Government;

(b) persons performing medical or aciantific functions shall keep recorda concerning the acquisition of the substance and the detail6 of their uaa in Form 7 of these rules and such reaorda are to be preserved for atleast two years after their THE GAZETTE OF INDIA : EXTRAORDNARY supplied or dispensed for use to a foreign: rr pursuant t o medical res so rip ti on only from the authoriscd l i censed pharmacists o r other authorined retail distributors designated by authorities responsible for public health." 8 , In the pr incipal rules a f t e r Farm No. 6 I the f o l I ~ w i n a For111 shall be Inserted, nmlely : -

1. Name of the laboratory/r6search dispensary 2 . Address 3 . Name of the Lrug 4 . From whom the drug was obtained/purchaasd 5 . Quantlty ( in grams )crbtained/]?urck~rrsed 6 . Date 'on whiuh ottaiLsd/pu,rrhased Details of Use ; - of the user Note; 11 This form shall be kept f > r 2 years from the l av t date of uonsumption.

2: This shall be produced for verification Gy any af the of f ice r s empowered under sec t i ,ons 4 1 o r 42 af any off icer- in-ckiarge of s po1icts ~ t a t i u r ~ . " Printed by the Mnnngar, Clovt of Indin Prm, Ring Road Mnyapuri, Ncw Dolhi-110064 and Published by the Controller of Publicat~one, Dclhi-110054-- 1997

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Narcotic Drugs and Psychotropic Substances Act, 1985