Madhya Pradesh Bhang Rules, 1960

 

Substituted by Notification No. B-1-52-89-CT-V, dated 25-3-1991.

Introductory

Rule 1.

 

In these rules, unless the contrary appears from the context :-

(a)      "Majum" and "Manohar Gutka" are sweet confections made from bhang.

(b)      "Storehouse" means the ganja and bhang storehouse belonging to the State of Khandwa, Sanawad and [1][Indore], and [2]["Officer"] means the officer in charge of that storehouse.

(c)      "Warehouse" means a place established or licensed as a warehouse by the Excise Commissioner under clause (d) of Section 14 of the Act.

(d)      "Approved medical practitioner" means-

(a)      a person registered under any law for the time being in force in a register meant for the registration of persons practising allopathic, homeopathic, biochemic, ayurvedic, or unani system of medicine or dentistry or surgery; or

(b)      a person who holds a diploma or certificate of such Veterinary College or Institute as may be recognised in this behalf by a general or special order of the State Government; or

(c)      any other person engaged in medical or veterinary practice and approved by the Excise Commissioner.

Possession

Rule 2. Permit for possession and transport in excess of legal limit.

 

Intoxicating [3][drug] in excess of the limits prescribed under sub-section (1) of Section 16 of the Act, may be possessed and transported under a written permit in Form H.D. I granted by the Excise Commissioner, on payment of a prescribed fee.

Cultivation and Manufacture

Rule 3. to 7.

 

[4][* * *]

Rule 8. Sale by cultivator only to the State Government.

 

(a)      The licensed cultivators shall sell [5][Bhang] only to the State Government at a rate by the Excise Commissioner and calculated on the cleaned outturn.

(b)      [6][On receipt of uncleaned Bhang consignment/consignments from the cultivators, Bhang officer shall weigh it then its price of forty per cent of the uncleaned Bhang weighment shall be paid immediately to the cultivator or cultivators. Cleaning shall be completed and final payment be made subject to adjustment of Forty per cent payment already paid ]

Rule 9. to 11.

 

[7][x x x]

Rule 12. Person entering storehouse liable to be searched.

 

Any person entering the storehouse is liable to be searched on his departure unless he holds a pass from the [8][Officer] exempting him from such search. Such exemption may at any time be withdrawn.

Rule 13.

 

[9][x x x].

Issues from The Storehouse

Rule 14. Transit losses.

 

If in transit between the storehouse and warehouse any loss should occur it will be written off under the orders of the District Excise Officer when not exceeding [10][thirty five grams] per individual bag, and under the orders of the Collector when exceeding [11][thirty five grams] but not [12][Sixty grams] per individual bag and under the orders of the Excise Commissioner or any officer authorised by him, exceeding [13][Sixty grams] :

Provided that not more than [14][x x x] five [15][Kilograms] of bhang and [16][* * *] ten [17][kilograms] of bhang in one consignment shall be written off by the District Excise Officer and the Collector, respectively.

Issues from The Warehouse

Rule 15. Issue to retail vendors.

 

Issues from warehouses shall be made either in one [18][kilogram] or half [19][kilogram] bags to retail vendors on pre-payment of duty [20][x x x] into the treasury at the rates prescribed by the State Government.

[21][Rule 16.

 

Bhang may be issued from the warehouses in one kilogram or half kilogram bags to bona fide manufacturers of medicines and toilet preparation holding a permit in Form H.D. 1 on pre-payment of duty at the current rate into the treasury.]

Rule 16A.

 

Ganja and bhang required by institutions, working under the control of, or under the management of the State Government, may be issued on payment of [22][duty] into the treasury at the current rates, which may be fixed by the State Government from time to time, subject to such conditions as they may impose.

Rule 17. Disposal of unfit intoxicating drug.

 

When any intoxicating drug, [23][x x x] two years or more than two years old belonging to the State is found unfit for consumption it shall be destroyed in the manner specified by the Excise Commissioner.

Rule 18.

 

[24][x x x]

Import

Rule 19. Import in excess of legal limit of possession.

 

The import of [25][bhang] unless in the personal possession of the importer and in [26][quantity] not exceeding [27][that] which may be possessed without a licence, is prohibited except on behalf of the State Government.

Rule 20. Import of bhang and charas.

 

Bhang may be imported to the Khandwa, Sanawad and [28][Indore], storehouses under the orders of the Excise Commissioner. The import of charas by any person is absolutely prohibited.

Export

[29][Rule 21. Export.

 

The export of intoxicating drug specified in sub-clauses (i) and (iii) of clause (12) of Section 2 of the Act is prohibited except on behalf of the Government. The export shall be covered under a pass in Form H.D. 6.]

Rule 22. Transmission by post.

 

No person other than a servant of the State Government acting in the bona fide execution of his duty shall transmit [30][x x x] bhang by post into, within or out of Madhya Pradesh.

Rule 23.

 

Transmission of intoxicating drugs by inland post is prohibited except on behalf of the State Government.

Retail Sale

Rule 24. Limit of retail sale.

–

 

(1)     A licence for the retail sale of an intoxicating drug may be granted by the Collector in Form H.D. 7. It will empower the holder to purchase such drug from the warehouse to which the shop is attached or, with the Collector's permission, from any other warehouse in the State. The transport of an intoxicating drug to the retail vendor's shop shall be covered by an entry in his pass-book under the signature of the warehouse officer. The Collector may prescribe the period within which the drug must arrive at the retail vendor's premises.

(2)     Licenses for the preparation and retail sale of Majum and Monohar Gutka in Form H.D. 8 or any other form prescribed for this purpose may be granted by the Collector at a fee of [31][three] rupee per diem. Such licence shall be granted only to the person holding the licence for the retail sale of bhang for the locality.

(3)     [32][Separate licences will be granted in Form H.D. 8 for the rate of Ghooty Bhang (Bhang Ghota) or sweets prepared from Bhang. The licensee may purchase bhang required for the above purpose from the shop or warehouse situated in the locality or town, as the case may be.]

Rule 25. Duty rates.

 

The duty leviable on ganja and bhang before issue from a warehouse for sale in this State will be as notified by Government from time to time.

Rule 26.

 

[33][x x x]

 

Form H.D. 1

 

Special permit to possess or transport [34][Bhang] in excess of the limit prescribed, for the purpose of manufacturing bona fide medicinal [35][and toilet] preparations.

 

Under Rule II of the Ganja and Bhang Rules, special permit is granted to.......son of..........caste........resident of for the possession of [36][bhang] for the purpose of manufacturing bona fide medicinal [37][and toilet] preparations.

This permit is current for days and is subject to following conditions :-

Conditions

1.        The privilege extends to the manufacture of only the following preparations (hereinafter called the said preparations) :-

2.        [39][The permit holder may purchase the drug from the warehouse and transport it to the licensed premises under a permit granted by the warehouse officer. The aggregate quantity that can be purchased during each quarter commencing from the date of the grant of this permit shall not exceed.............No quantity exceeding.............of Bhang shall be possessed at any time.]

3.        The permit-holder shall not keep [40][bhang] or manufacture any of the said preparations therefrom except in the licensed premises.

4.        The sale of [41][bhang] or use thereof for purpose other than the manufacture of the said preparations is absolutely prohibited.

5.        The permit-holder shall indicate on the bottle or other receptacle containing the preparations manufactured by him the proportion of [42][bhang] both mixed in the preparation.

6.        The said preparations shall not be sold except on prescription duly signed by an approved medical practitioner or if the permit holder is himself an approved medical practitioner, duly signed by him.

Explanation. - "Approved medical practitioner" means-

(a)      a person registered under any law for the time being in force in a register meant for the registration of persons practising Allopathic, Homeopathic, Biochemic, Ayurvedic or Unani system of medicine or Dentistry or Surgery; or

(b)      a person who holds a diploma or certificate of such Veterinary College or Institute as may be recognised in this behalf by a general or special order of the State Government; or

(c)      any other person engaged in medical or veterinary practice and approved by the Excise Commissioner.

7.        The permit-holder shall maintain true accounts of the transactions under the permit in the form below. Permits from the tahsil or warehouse shall be carefully filed in support of the accounts. The accounts and permits shall be preserved for a period of two years.

8.        All stock of [43][bhang] and accounts and all records of transactions shall be open to inspection by any Excise or Police Officer of rank not below that of a Sub-Inspector.

9.        The permit-holder shall on the requisition of the Excise Commissioner or any officer duly authorised by him deliver up his permit for amendment and for issue of a fresh permit.

 

10.     A fee of Rs. 5 shall be paid for each permit.

 

11.     On breach of any of the above conditions, or of the Madhya Pradesh Excise Act, 1915 (II of 1915), or of the rules made there under, or of any other instructions issued from time to time the permit will be liable to be cancelled. The Excise Commissioner may also revoke the permit at his discretion without assigning any reason at any time.

 

Excise Commissioner

 

Madhya Pradesh.

 

Dated........20.......

 

Form of Account to be maintained by the permit-holder manufacturing medicinal [44][and toilet] preparations containing [45][Bhang]

 

 

Forms H.D. 2, 3, 4 and 5 [Deleted by (Notification No. B-1-52-89-CT-VSR, dated 25-3-1991.]

 

Form H.D. 6

 

In Triplicate-Original, duplicate & triplicate copy

 

No.................

 

Export Pass for Ganja/Bhang exported in bond/on payment of duty from the storehouse/warehouse to any other State in India

 

To be retained at the Storehouse/Warehouse

............s/o..............caste............resident in...........having due authority to import...............maunds of Ganja/Bhang into..............in bond/on payment of duty, is hereby licensed to remove that quantity from the Storehouse/Warehouse at.............under the conditions stated below.

The pass is current for..............days only. The consignment shall be carried by the following route:-

 

Dated..........20.....

 

Collector.

 

Conditions

 

1.        The [47][Bhang] shall be securely packed at the expense of the licensee and the packages shall, prior to removal, be inspected and sealed by the [48][Bhang]/Warehouse Officer or other person duly authorised by the Collector.

2.        Bulk shall not be broken till the consignment reaches its destination.

3.        The consignment shall be liable to examination by any Excise Officer not below the rank of Sub-Inspector in any district of Madhya Pradesh through which it may pass.

4.        The triplicate pass must be returned by the exporter to the Collector with the certificate on it signed by the Collector of..............

Reverse of Form H.D. 6

 

 

Certified that I have examined the consignment received under this pass and find that it agrees in all respects with the description in the duplicate No....................dated...................

 

Collector

 

...........District

 

Form H.D. 7

 

Licence for the Retail Sale of [49][Bhang]

 

Under rule XXIV(1) of the Bhang Rules, and in consideration of a fee of Rs............licence is hereby granted to you.............son of.............caste............resident of............to sell Bhang by retail in the shop at...............located as described in the Schedule below from the...................day of..........20...........to 31st March, 20........subject to the following conditions :-

 

Conditions

 

1.        The licensee shall sell no bhang but such as he may purchase from the warehouse at.....................in Madhya Pradesh and he shall not receive or have in his possession any stock obtained otherwise. All stock so purchased shall, after entry under signature of the warehouse officer in the shop pass book of the quantity purchased and of the time allowed for transport to the shop, be taken to the shop for which the pass is granted (and not to any other shop or place) within the time prescribed.

2.        Before [50][Bhang] is issued, the licensee shall pay for it at such [51][duty] rate as is fixed from time to time by the State Government.

3.        Sales shall only be made at the shop named above.............and consumption of the drug on the premises shall not be permitted.

[52][3-A. Sales shall be made from 10 a.m. to 10 p.m.]

3-B. The licensee shall not allow dancing or signing or similar other frolics and gambling within the shop premises.

3-C. The licensee shall not sell or supply [53][Bhang] to persons below the age of 18 years or to insane persons.

3-D. The licensee shall keep at his shop the prescribed scale and weights of [54][100, 50, 20, 10, 5 grams and 1 gram].

3-E. The licensee shall keep the shop passbook, inspection book, licence, receipted challans showing the payments of licence fee, etc. and produce these before the inspecting officers.

[55][3-F. If [Bhang] issued to the licensed shop is found to have been misused, the Collector shall be competent to fix a quota for such shop].

4.        Each licensee shall report to the warehouse officer after 31st December (a) the total quantity of ganja/bhang sold by him during the first three quarters of the excise year, and (b) the balance in hand on 1st January. The further issue of the article to such licensee shall be limited in each month of the last quarter to a quantity not exceeding the average sales of the first nine months plus 25 per cent from which will then be deducted one-third of the balance in hand on 1st January. For example, if the total sales at a shop in the first nine months are 85 [56][kilograms] and the balance in hand on 1st January is 4 [57][kilograms] the limit of issue for each month of the last quarter will be-

85 + 21¼  9

=

106¼ 9

-

12 9

=

94¼ 9

=

10

4¼ 9

or say 10 [58][kilograms]

If supplies are made to the shop in quantities of one [kilograms] a fraction of a kilogram when less than [59][500 grams] shall be neglected and when [60][500 grams] or more shall be taken as a whole [61][kilograms]. If supplies are made in quantities of half a [62][kilograms], a fraction of a [63][kilogram] when [64][230 grams] or less shall be neglected ; when more than [65][230 grams] and less than [66][750 grams], the fraction shall be taken as one-half ; and when [67][750 grams] or more shall be taken as a whole [68][kilogram]. The Collector may relax this rule in special cases at his discretion.

5.        The licensee shall keep in ink a true daily account in the annexed form showing the receipt and sales of hemp drugs each day and the balance in stock. In column (6) he shall show the name, father's name, caste and residence of each purchaser of [69][x x x] [70][10 grams] and upwards in the case of bhang, the entries to be made immediately after each transaction.

6.        The licensee shall also be bound by the General Licence Conditions and by such subsidiary orders and instructions as are consistent with these conditions and as may be issued by the Excise Commissioner for carrying them out.

7.        On breach of any of the above conditions or any of the provisions of the Madhya Pradesh Excise Act, 1915 (II of 1915) or of the rules made thereunder, this licence may be cancelled by the Collector.

Schedule

 

Dated........20.......

Collector

 

.................District

 

Form H.D. 8

 

Licence for Retail Sale of Majum/Manohar Gukta Ghuti-bhang, Bhang-sweets

 

Under rule XXIV (2)(3) of the Bhang Rules, and in consideration of a fee of Rs...................licence for retail sale of Majum/Manohar Gutka Ghuti-bhang, Bhang-sweets, is hereby granted to...........holder of licence No..........of 20...., for the retail sale of bhang in the district of...........at a fee Rs............on the conditions hereto annexed :-

Conditions

1.        This licence is current from the...........20.......to the...........20........

2.        [71][x x x]

3.        The licensee shall not mix the seeds of nux-vomica or any other poisonous or intoxicating substance in the preparation.

4.        The licensee shall be bound by the General Licence Conditions and by such subsidiary orders and instructions as arc consistent with these conditions and as may be issued by the Excise Commissioner for carrying them out.

5.        On breach of any of the conditions of this licence, or of the provisions of the Madhya Pradesh Excise Act, II of 1915, or of the rules made thereunder, the licence may be cancelled by the Collector.

6.        [72][Sales only be conducted on the licensed premises detailed in the Schedule below from 10 a.m. to 10 p.m.].

Collector

...................District

Dated............20........

Schedule