Notification, 2015

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 397] NEW DELHI, WEDNESDAY, JUNE 17, 2015/JYAISTHA 27, 1937

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 17th June, 2015

G.S.R. 500(E).—In exercise 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 hereby makes the following rules further to amend the Narcotic Drugs and Psychotropic Substances Rules, 1985, namely:—

1. (1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Fourth Amendment) Rules,

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Narcotic Drugs and Psychotropic Substances Rules, 1985 (hereinafter referred to as the said rules), in rule 43, after sub-rule (1), the following proviso shall be inserted, namely:— “Provided that the notice referred to in this sub-rule shall not apply in case the cessation of manufacture is on account of unforeseen circumstances beyond the control of the licencee.”.

3. In the said rules, in rule 52A, for sub-rule (8), the following sub-rule shall be substituted, namely:— “(8) A manufacturer may possess essential narcotic drug in such quantity as may be specified in the licence issued under rule 36, rule 36A, or rule 37 of these rules or the licence issued for manufacturing the preparations of essential narcotic drugs under the rules made by the State Government under section 10 of the Act: Provided that there shall be no limit to the possession of essential narcotic drug by the Government Opium Factories. ”.

4. In the said rules, in rule 52F, for sub-rule (1), the following sub-rule shall be substituted, namely:— “(1) A manufacturer or licenced dealer shall sell essential narcotic drugs otherwise than on prescription to–

(a) a manufacturer who has been issued a licence under rule 37 of these rules or a manufacture of preparations of essential narcotic drugs who has been issued a licence under the rules made by the State Government under section 10 of the Act;

(b) a licenced dealer;

(c) a licenced chemist;

(d) a registered medical practitioner;

(e) a person who has been authorised by the Controller of Drugs under these rules; or

(f) a recognized medical institution. ”.

SATYA NARAYANA DASH, Under Secy.

Note.-The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number

G.S.R.837(E), dated the 14th November, 1985 and subsequently amended vide notifications numbers

S.O. 786 (E), dated the 26th October, 1992,

S.O. 599(E), dated the 10th August, 1993,

G.S.R. 748(E), dated the 14th December, 1993, G.S.R. 543, dated the 24th October, 1994, G.S.R. 82, dated the 14th February, 1995,

G.S.R. 556(E), dated the 14th dated the 25th June, 1997,

G.S.R. 214(E), dated the 19th March, 2002,

G.S.R. 763(E), dated 14th November, 2002,

G.S.R. 115(E), dated the 21st February, 2003,

G.S.R. 129 (E), dated the 26th February, 2003,

G.S.R. 217(E), dated the 736 (E), dated the 22nd December, 2005,

G.S.R. 639(E), dated the 13th October, 2006,

G.S.R. 2 (E), dated the 1st January, 2008,

S.O. 1661(E), dated the 13th July, 2010,

S.O. 739(E), dated the 11th April, 2011,

G.S.R. 470(E), dated Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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