Notification, 2017

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 54] NEW DELHI, FRIDAY, JANUARY 20, 2017/PAUSA 30, 1938

1. ᳰकसान का नाम......................................................................................................

2. िपता का नाम....................................................................................

3. गांव............................तहसील...........................................िजला........................................ ह?ै..................................................................................................... इ᭜याᳰद........................................................................................................... थी.................................................................................... कारण........................................

फसल वषᭅ ............................................................................ लाइसᱶस ᭃेᮢ.......................................................................... फसल वषᭅ ............................................................................ लाइसᱶस ᭃेᮢ.......................................................................... औसत उपज ....................................................

MINISTRY OF FINANCE

(Department of Revenue)

NOTIFICATION

New Delhi, the 20th January, 2017

G.S.R. 61(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 (First Amendment) Rules, 2017.

(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 6, for the words “twenty-five”, the words “one hundred” shall be substituted.

3. In the said rules, for rule 7 and rule 8, the following rules shall be substituted, namely:- “7. Application for issue of licence for cultivation of opium poppy.- (1) An application for issue of licence for cultivation of opium poppy for the production of opium extracting juice by lancing the opium poppy or poppy straw from opium poppy from which no juice is extracted through lancing shall be made in Form No.1 to the District Opium Officer.

8. Issue of licence for cultivation of opium poppy.- (1) On receipt of an application under rule 7 for cultivation of opium poppy for the production of opium extracting juice by lancing the opium poppy, subject to the general conditions relating to grant of licence notified by the Central Government, the District Opium Officer may issue a licence in Form No. 2.

(2) On receipt of an application under rule 7 for cultivation of opium poppy for the production of poppy straw from opium poppy from which no juice has been extracted through lancing, subject to the general conditions relating to grant of licence notified by the Central Government, the District Opium Officer may issue a licence in Form No. 2A: Provided that a licence under sub-rule (2) shall not be issued if the applicant does not produce a letter of consent from a person who has been issued a licence under rule 36A to purchase his entire produce of poppy straw from opium poppy from which no juice has been extracted through lancing:

Provided further that a sum of rupees one thousand per hectare of area licensed for cultivation or part thereof shall be paid to the Central Government by the person who is issued a licence under sub-rule (2) within 30 days from issue of such licence failing which the licence is deemed to be revoked.”.

4. In the said rules, in rule 10, for the words “opium poppy cultivation is permitted”, the words “licence has been issued for cultivation of opium poppy for the production of opium extracting juice by lancing the opium poppy” shall be substituted.

5. In the said rules, after Chapter III, the following Chapter shall be inserted, namely:- “CHAPTER IIIA POSSESSION, TRANSPORT, IMPORT INTER-STATE, EXPORT INTER-STATE, WAREHOUSING, SALE, PURCHASE, CONSUMPTION AND USE OF POPPY STRAW PRODUCED FROM OPIUM POPPY FROM WHICH

NO JUICE HAS BEEN EXTRACTED THROUGH LANCING

For the purpose of this chapter,--

(i) “Licensee” shall mean the person licensed under rule 36A of these rules;

(ii) “Poppy straw” shall mean opium poppy straw from which no juice has been extracted through lancing. 30A. (a) Delivery of opium straw produced.- The cultivators licensed in Form No. 2A shall deliver and/or sell opium poppy straw only to the licensee and the licensee shall cause weighment of poppy straw so delivered and draw two representative samples of such poppy straw in presence of cultivator and official of Central Bureau of Narcotics and both the samples will be sealed by the Central Bureau of Narcotics with signatures of cultivator concerned and authorised representative of the licensee and the second representative sample shall be stored by the licensee on behalf of Central Bureau of Narcotics for a period of one year unless so directed by Narcotics Commissioner in any specific case and shall be produced to the officer designated by the Narcotics Commissioner, if so desired.

(b) The safety and security of the poppy straw after the weighment as mentioned in sub-clause (a) shall be the responsibility of the licensee and the signature of authorised representative in Form 2A certifying the weight of the poppy straw tendered/sold shall be the conclusive proof of date and quantity of poppy straw which has been tendered/sold by the cultivators to the licensee.

30B. Testing of samples of poppy straw.- One sample drawn under rule 30B shall be tested by the licensee and test result shall be shared both with Central Bureau of Narcotics and cultivator concerned and the Narcotics Commissioner, shall get second sample tested independently in accordance with guidelines framed by the Department of Revenue. 30C. Provision for dealing with adulterated or inferior poppy straw.- In case of testing by licensee, if any sample of poppy straw is found to be adulterated or inferior, then second sample shall be tested by designated laboratory as may be specified by the Narcotics Commissioner, with due notice to the cultivator concerned and the test results of second sample shall be considered as final.

30D. Possession of poppy straw.- (1) No person shall possess poppy straw produced from opium poppy without a licence under rule 8 or rule 36A.

30E. Storage of poppy straw.- (1) The licensee shall communicate in writing to the Narcotics Commissioner the details of the warehouse where poppy straw shall be stored and the security measures put in place for safe storage of such poppy straw.

(2) The Narcotics Commissioner or any other officer authorised by him may inspect the warehouse and may make such suggestions as are considered necessary for safe storage of poppy straw. 30F. Inter-State import and Inter-State export of poppy straw.- (1) A person who is permitted under these rules to possess poppy straw may inter-State import or inter-State export such poppy straw with at least five working days prior intimation to the office designated by the Narcotics Commissioner. 30G. Transport of poppy straw.- (1) No consignment of poppy straw shall be transported, imported inter-State or exported inter-State unless such consignment is accompanied by a consignment note in Form No. 2B and in the manner provided in this rule.

(2) The consignment note shall be prepared in triplicate and the original and duplicate copies of the consignment note shall be sent along with the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars of quantity received by him.

(3) In case of non-receipt of duplicate copy by the consignor, duly endorsed by the consignee acknowledging the receipt of the consignment referred to in sub-rule (1), the consignor shall report loss or disappearance of the consignment to the Narcotics Commissioner within ten days from the date of dispatch of the consignment.

(4) The consignment note shall be preserved for a minimum period of two years by the consignor and the consignee.

(5) No transporter shall carry any consignment referred to in sub-rule (1) without a consignment note.

(6) The transporter shall produce the consignment note when required by an officer empowered under section 42 of the Act.

(7) (a) Whenever poppy straw is transported by motorised tankers or container or otherwise by packages, all the inlets and outlets of such tankers or container or packages, as the case may be, shall be sealed with tamper-proof seals each of which shall have identifiable description and such seal shall be affixed at the premises of the consignor and removed at the premises of the consignee and the Narcotics Commissioner, if so desires, may also put tamper-proof seals on containers, carriages or packages as deemed necessary.

(b) The description of tamper-proof seal affixed on such tankers or container or packages shall be entered on the consignment note of each consignment.

(c) No person shall use or possess any tamper-proof seal which has identifiable description on it identical to another tamper-proof seal.

30H. Consumption and use of poppy straw.- Consumption and use of poppy straw is prohibited save in accordance with a licence issued under rule 36A.

30 I. Disposal of poppy straw.- The stocks of poppy straw as may be in the possession of a person who has been issued a licence under rule 8 or rule 36A, on the expiry or cancellation or surrender of such licence, shall be disposed of in such manner as may be specified by the Narcotics Commissioner.

30J. Destruction of poppy straw.- (1) A person who has been issued a licence under rule 8 or rule 36A intending to destroy such stocks of poppy straw as may be in his possession shall apply to the Narcotics Commissioner in such form and manner as may be specified by him in this regard.

(2) The Narcotics Commissioner shall, within a period of thirty days from the date of receipt of an application under sub- rule (1), appoint a committee comprising two Gazetted Officer in the office of the Narcotics Commissioner, and an authorised representative of the applicant for supervising the destruction of the poppy straw and such destruction shall be carried out within a period of thirty days from the appointment of the committee.

(3) The destruction of the poppy straw shall be carried out in accordance with the provision of the relevant laws for the time being in force.”.

6. In the said rules, for Form No. 1 and Form No. 2, the following forms shall be substituted, namely:- “FORM NO. 1 (See rule 7)

APPLICATION FOR GRANT OF LICENCE FOR CULTIVATION OF

OPIUM POPPY FOR PRODUCTION OF OPIUM OR POPPY STRAW

Crop year………………………

1. Name of the Cultivator………………………………………………………………

2. Father’s name …………………………………………………………………………

4. Khasra No. of the plot of land in which poppy is to be cultivated……………………

5. Whether the plot is in the name of the applicant as per revenue records. Yes / No If not, in whose name?...................................................................................................

6. Whether the plot specified in column 4 has irrigation facilities (kind of irrigation facilities available, i.e., well, tube well, etc, ………………………………………

7. Area required for opium poppy cultivation……………………………………………

8. Whether the applicant cultivated opium poppy in the past? Yes / No If so, the latest year in which he cultivated opium poppy ………………………………

9. Whether the applicant was ever proscribed from opium poppy cultivation or was de-licensed for tendering adulterated opium, excess cultivation, violations of Departmental instructions. If so, the year and the reasons for

10. If the application is for cultivation of opium poppy for the production of poppy straw from opium poppy from which no juice has been extracted through lancing, whether the letter of consent from a person who has been issued a licence under rule 36A to purchase entire produce of poppy straw is attached? Yes / No

11. I wish that in the event of my death during the current crop year, the licence may be transferred in the name of the following family members/blood relatives (in the order of preference):- S. No. Name Relation with cultivator Village Tehsil District Explanation.- Family members/blood relatives means- spouse, son, daughter, brother, sister, mother, father, step-son and step-daughter.

I hereby certify that the particulars shown above are correct and the land in which opium poppy is to be cultivated is free from litigation.

Signature/Thumb-impression of the applicant Attestation (To be made by Lambardar if application is for cultivation of opium poppy for the production of opium extracting juice by lancing the opium poppy) (To be completed by the Sub-Inspector In-charge) A. For opium poppy juice Performance of the cultivator during the preceding crop year. Average yield at 70o C………………………………………………………… B. For unlanced poppy straw Performance of the cultivator during the preceding crop year. Crop year………………………………………….

Area licensed………………………………………………… Average yield ………………………………………………………… C. Whether the cultivator has ever been proscribed on account of excess cultivation, violation of Departmental instructions, tendering inferior/adulterated opium or unlanced poppy straw etc.? if so the particulars thereof. Signature (Sub-Inspector In-charge) The particulars above recorded by the Sub-Inspector haven been verified by me. The cultivator is eligible / ineligible for grant of a licence.

Signature (Inspector In-charge) Area allotted by the District Opium Officer for cultivation of opium poppy……………... Signature (District Opium Officer)

FORM NO. 2

[See rule 8(1)]

GOVERNMENT OF INDIA

(CENTRAL BUREAU OF NARCOTICS) LICENCE TO CULTIVATE OPIUM POPPY FOR PRODUCTION OF OPIUM EXTRACTING JUICE BY LANCING

THE OPIUM POPPY

DIVISION:_________________ VALID FOR THE PERIOD: _________ TO ______ Name and parentage of the licensee Village Pargana / District/ Tehsil Licence number Area licensed Plot No. (s) as per revenue records Nominee declared in Form No. 1 S. No. Name Relation with cultivator Village Tehsil District Date of issue:____________ Signature and seal of District Opium Officer Area measured Signature of Sub-Inspector Area Test-measured Signature of Inspector / District Opium Officer Area harvested Signature of Sub-Inspector (Entries to be made at the time of weighments) Class of opium as assigned Weight of opium (in kg.) Assumed weight in kg at 70°C Price payable on the basis of assumed weight at 70°C Amount withheld pending final examination of opium at factor Amount paid at weighments (Entries to be made at the time of final payment) Total weight in Kg.

of opium at 70°C on the basis of factory’s report Average yield of the cultivator in Kg.

Total amount payable on the basis of factory report Amount already paid at the time of weighments Amount paid / received at the time of final payments Signature and seal of District Opium Officer Conditions of licence

1. This licence shall not be transferable.

2. The licensee shall cultivate opium poppy only for production of opium extracting juice by lancing the opium poppy over the area of land and the plot(s) specified in the licence.

3. The land in which opium poppy will be cultivated by the licensee shall be free from litigation.

4. The licensee shall get his daily collections of opium obtained from the crop weighed by the Lambardar and affix his signature / thumb-impression against each entry made by the Lambardar in token of correctness of such entry made by the Lambardar and shall submit to preliminary weighments carried out by the staff of the Central Bureau of Narcotics in the village during which he shall produce the entire quantity collected by him.

5. The licensee shall bring to, and deliver at the place fixed and notified for weighments all opium collected by him from the crop and shall accept for opium so brought by him the price fixed by the Central Government for that crop year.

6. The licensee shall deliver the opium either himself or through any person authorised by him at the time of its weighment and his opium shall be weighed under the supervision of the District Opium Officer or any other officer authorised in this behalf by the Narcotics Commissioner in accordance with rule 14 of the Narcotic Drugs and Psychotropic Substances Rules, 1985.

7. If the licensee does not surrender his entire produce of opium to government or retains, embezzles or otherwise illegally disposes of any part of the same he shall be liable to be prosecuted as per the provisions of the Narcotics Drugs and Psychotropic Substances Act 1985.

8. The licensee shall extract as much opium as is reasonably possible from all implements, pots and cloth used by him in collecting opium and impregnated with opium in consequence of such use.

9. The final payment for opium delivered by the licensee shall be made to him at appropriate time fixed by the District Opium Officer or any other officer authorised in this behalf.

10. If on the final adjustment of accounts any sum is found due from the licensee, he shall pay it to the District Opium Officer or any other officer authorised in this behalf in the manner specified. If the licensee fails to pay the sum due from him it may be recovered from him in the manner prescribed by section 72 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

11. The licence may be withheld or cancelled at any time if any fact is revealed against the licensee which makes him ineligible for grant of the licence.

12. The licensee shall comply with the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Rules framed thereunder and any order issued by the competent authorities under the said Act from time to time.

13. The licensee shall be punishable under the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 for any breach of the conditions of the licence.

FORM NO. 2A

[See rule 8(2)]

GOVERNMENT OF INDIA

(CENTRAL BUREAU OF NARCOTICS) LICENCE TO CULTIVATE OPIUM POPPY FOR PRODUCTION OF POPPY STRAW FROM OPIUM POPPY

FROM WHICH NO JUICE HAS BEEN EXTRACTED THROUGH LANCING

DIVISION:_________________VALID FOR THE PERIOD: _________ TO ______ Name and parentage of the licensee Village Pargana / Licence number Area licensed Plot No. (s) as per revenue records Name and address of the person holding a licence under rule 36A, who has given letter of consent to purchase entire produce of poppy straw under this Nominee declared in Form No. 1 S. No. Name Relation with cultivator Village Tehsil District Date of issue:____________ Signature and seal of District Opium Officer (Details of amount paid as per the second proviso to sub-rule (2) of rule 8) Amount due Amount paid Mode of payment Date of payment Signature and name of the officer receiving the payment Area measured Signature of Sub-Inspector Area Test-measured Signature of Inspector / District Opium Officer Area harvested Signature of Inspector/ District Opium Officer Weight of poppy straw from opium poppy from which no juice has been extracted through lancing tendered/sold to the licensee under Rule 36A

(a) Signature of authorised representative of licensee with Date

(b) Signature of sub-Inspector/ District Opium Officer with Date Yield recorded after testing Signature of District Opium Officer Whether achieves Minimum Qualifying Yield (MQY) Signature of District Opium Officer Whether adjudged as having tendered inferior and/or adulterated poppy straw Signature of District Opium Officer Conditions of licence

1. This licence shall not be transferable.

2. The licensee shall cultivate opium poppy only for production of poppy straw from opium poppy from which no juice has been extracted through lancing over the area of land and the plot(s) specified in the licence.

3. The land in which opium poppy will be cultivated by the licensee shall be free from litigation.

4. If the licensee does not sell his entire produce of poppy straw from opium poppy from which no juice has been extracted through lancing opium to the person holding a licence under rule 36A, who had given letter of consent to purchase entire produce of poppy straw under this licence, or retains, embezzles or otherwise illegally disposes of any part of the same he shall be liable to be prosecuted as per the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985.

5. The licence may be withheld or cancelled at any time if any fact is revealed against the licensee which makes him ineligible for grant of the licence.

6. The licensee shall comply with the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the rules framed thereunder and any order issued by the competent authorities under the said Act from time to time.

7. The licensee shall be punishable under the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 for any breach of the conditions of the licence.

Form No. 2B

CONSIGNMENT NOTE

(FOR TRANSPORT OF POPPY STRAW PRODUCED FROM OPIUM POPPY FROM WHICH NO JUICE HAS

BEEN EXTRACTED THROUGH LANCING)

Date and time of dispatch of the consignment:______________________

1. Name and Licence Number of the person who has produced poppy straw from opium poppy from which no juice has been extracted through lancing

2. Name and complete postal address of the consignor transporting the consignment (Not applicable if the consignor is the same person at (1) above)

3. Name and complete postal address of the consignee where the consignment will reach finally

4. If the consignee is a holder of licence under rule 36A, mention Licence Number.

5. Description and quantity of the consignment.

Details of motorised tanker / container / packages containing poppy straw Number of motorised tanker/ container / packages Quantity (in Kilogram) Gross weight Net weight

6. Mode of transport (particulars of the transporter, registration number of the vehicle, L.R./R.R., if the transport is by road/railways etc.)

7. The total number of temper-proof seals affixed on motorised tankers / other packages and each of their description.

Signature / thumb impression of the Consignor with date (Name in capital letters)

7. Date and time of receipt by the consignee :

8. Whether the consignment received in full as per description and quantity mentioned at (5) above : Yes / No (If ‘no’, details to be mentioned below.) Signature / thumb impression of the Consignee with date (Name in capital letters) Note: (1) This consignment note shall be serially numbered on annual basis.

(2) This consignment note shall be retained for a period of two years from the date of transaction.

(3) The records referred to in this note shall be produced to the authorized officers whenever called upon during the course of their inspection / investigation.”.

VIJAY KUMAR BALAYAN, 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 17th June, 2015, and

G.S.R. 685 (E), dated 12th July, 2016.

and Published by the Controller of Publications, Delhi-110054.

SARVESH KUMAR SRIVASTAVA

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