The Maharashtra Narcotic Drags and Psychotropic Substances Rules, 1985

 

Published vide Notification G. N., H. D., No. NOP. 1085/1370/108/PRO-1, dated 14th November, 1985 (M. G. G., Part 4A, pp. 1161-1278)

In exercise of the powers conferred by section 78 read with section 10 and sub-section (2) of section 71 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules namely :-

Rule 1.

 

(1)     These rules may be called the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

(2)     They shall extend to the whole of the State of Maharashtra.

Rule 2.

 

In these rules, unless there is anything repugnant in the subject or context,-

 

(a)      "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

 

(b)      "Authorised Officer" means an officer duly authorised by the Government for the purpose of these rules;

 

(c)      "Chemical Analyser" means the Director, Forensic Science Laboratory and Chemical Analyser to the Government of Maharashtra or the Director, Haffkine Institute, Bombay or the Assistant Director, Drugs Control Laboratory of Food and Drug Administration, Grih Nirman Bhavan, Kalanagar, Bandra, Bombay and includes any officer authorised respectively by them in this behalf;

 

(d)      "Collector" means the chief officer in the charge of the Revenue Administration of a district for the time being appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of the Collector under these Rules;

[(e)? "Controlling Authority" means the Officer appointed as the Controlling Authority under the provisions of rule 50 of the Drugs and Cosmetics Rules, 1945 framed by the Government of India under the Drugs and Cosmetics Act, 1940 (23 of 1940);]

(f) ?? "Commissioner of Prohibition and Excise" means an officer appointed as such under section 3 of the Bombay Prohibition Act, 1949 (Bombay XXV of 1949);

(g) ? "Form" means a form appended to these Rules;

(h) ? "Government" means the Government of Maharashtra;

(i) ?? "Inspector" means an Inspector appointed under section 21 of the Drugs and Cosmetics Act, 1940;

(j) ?? "Licence" means a licence granted under these rules;

(k) ? "Licensing Authority" means an officer of the Food and Drug Administration, Maharashtra State, not below the rank of an Inspector authorised or designated as such by the These words were [Controlling Authority], Maharashtra State, by an order in the Official Gazette;

(l) ?? "Licensed Chemist" means a person who has obtained a licence under these rules for the possession and sale or dispensing any prescription of manufactured drugs and any preparation containing any manufactured drug;

(m)  "Licensed dealer in manufactured drugs" means a person who has obtained a licence under these rules for the manufacture, possession and sale of any preparation containing any manufactured drug from material which the maker is lawfully entitled to possess;

(n) ? "Medical Board" means a Board constituted under these rules;

(o) ? ["Medical Practitioner or Approved Practitioner"] means a person

(i)       holding a qualification granted by an authority specified or notified under section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916), or specified in the Schedule to the Indian Medical Council Act, 1956 (102 of 1956); or

 

(ii)      registered or eligible for registration in a medical register of a State meant for the registration of persons practising the modern scientific system of medicine; or

 

(iii)     registered in a medical register of a State, who although not falling within sub-clause (i) or sub-clause (ii) is declared by a general or special order made by the State Government in this behalf as a person practising the modern scientific system of medicine for the purposes of this Act; or

 

(iv)    registered or eligible for registration in the register of dentists for a State under the Dentists Act, 1948 (16 of 1948); or

 

(v)      who is engaged in the practice of veterinary medicine and who possesses qualifications approved by the State Government; and

 

(vi)    who immediately before the commencement of these rules, was holding a licence in Form DD2 under the Bombay Dangerous Drugs Rules, 1935.

(p) ? "Pass" means a pass granted under these rules;

(q) ? "Permit" means a permit granted under these rules;

(r) ?? "State of Maharashtra" means the State of Maharashtra as specified in the First Schedule to the Constitution.

CHAPTER I

Poppy Straws

Exemption

Rule 3.

 

Any person may, without a licence, permit or pass, possess, import inter-State or export inter-State poppy straws not exceeding 450 grams at any one time.

Possession

Rule 4.

 

(1)     Any person desiring to possess poppy straws in excess of 450 grams for use for any bonafide scientific, research, educational, medicinal, domestic or such other purpose shall make an application to the authorised officer of a permit in that behalf.

 

(2)     An application for a permit for the possession of poppy straws shall contain the following particulars, that is to say :-

 

(i)       the name and address of the applicant;

 

(ii)      the correct address of the place where poppy straws will be kept or used;

 

(iii)    the quantity of poppy straws required for use during one month;

 

(iv)    the period for which the permit is required;

 

(v)     the details of the use or uses for which the poppy straws are required;

 

(vi)    the quantity of poppy straws required to be possessed at any one time.

 

(3)     On receipt of an application under sub-rule (1), the authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form Poppy-1 on payment of a fee of ten rupees.

 

(4)     A permit under sub-rule (3) shall be granted in respect of such quantity of poppy straws as may be fixed by the authorised officer.

Sale

Rule 5.

 

(1)     Any person desiring to possess and sell poppy straws shall make an application to the authorised officer for a licence in that behalf.

 

(2)     An application for a licence to sell poppy straws shall contain the following particulars, that is to say :-

 

(i)       the name and address of the applicant;

 

(ii)      the correct address of the place where poppy straws will be kept;

 

(iii)    the total quantity of poppy straws to be stocked at a time for sale;

 

(iv)    period for which the licence is required;

 

(v)     whether the applicant is a grocer or a bonafide trader.

 

(3)     On receipt of an application under sub-rule (1), the authorised officer shall make such inquiries as he deems necessary, and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form Poppy-2 on payment of a fee of rupees one hundred per annum.

 

(4)     A licence under sub-rule (3) shall be granted in respect of such quantity of poppy straws to be stocked at a time for sale as may be fixed by the authorised officer.

Rule 6.

 

No licence or permit under the aforesaid rules shall be granted for any period beyond 31st March next following the date of the commencement of the licence or permit, as the case may be.

Import Inter-State and Export Inter-State

Rule 7.

 

(1)     Any person desiring to import inter-State poppy straws in excess of 450 grams shall make an application to the authorised officer for a pass in that behalf.

 

(2)     An application for a pass shall contain the following particulars, that is to say :-

 

(i)       the name and address of the importer;

 

(ii)      the number of the licence for sale, or of the permit for possession, of poppy straws held by the applicant;

 

(iii)     the quantity of poppy straws allowed to be possessed or stocked for sale under the permit or licence, as the case may be;

 

(iv)    the quantity of poppy straws to be imported;

 

(v)      the place from which the poppy straws are to be imported;

 

(vi)    the place where the poppy straws are to be imported;

 

(vii)   the route by which the poppy straws will be imported;

 

(viii)  the name and address of the person from whom poppy straws are to be imported;

 

(ix)    the purpose for which the poppy straws are to be imported;

 

(x)      the period for which the pass is required to be valid.

 

(3)     On receipt of an application under sub-rule (1), the authorised officer shall make such inquiries as he deems necessary, and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form Poppy-3.

Rule 8.

 

(1)     Any person desiring to export inter-State poppy straws in excess of 450 grams shall make an application to the authorised officer for a pass in that behalf, and shall alongwith the application forward an import inter-State pass or a no-objection certificate issued by the Chief Excise Authority of the State to which the poppy straws are to be exported.

 

(2)     An application for a pass shall contain the following particulars, that is to say ?

 

(i)       the name and address of the exporter:

 

(ii)      the number of the licence for sale, or the permit for possession, of poppy straws held by the applicant;

 

(iii)     the quantity of poppy straws to be exported;

 

(iv)    the place for which the poppy straws are to be exported;

 

(v)      the place to which the poppy straws are to be exported;

 

(vi)    the name and address of the person to whom the poppy Straws are to be exported;

 

(vii)   the route by which the poppy straws will be exported;

 

(viii)  the period for which the pass is required to be valid;

 

(ix)    the number and date of the import inter-State pass or no-objection certificate granted by the Chief Excise Authority of the State to which the poppy straws are to be exported.

 

(3)     On receipt of an application under sub-rule (1), the authorised officer shall make such inquiries as he deems necessary, and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form Poppy-4.

Transport

Rule 9.

 

Any person holding a permit in Form Poppy-1 may, without a pass, transport otherwise than by way of consignment poppy straws in quantity not exceeding that which he is permitted to possess under his permit.

Rule 10.

 

(1)     Save as provided in rule 9, any person desiring to transport poppy straws in excess of the quantity mentioned in rule 3 shall make an application to the authorised officer for a pass in that behalf.

 

(2)     An application for a pass shall contain the following particulars, that is to say ?

 

(i)       the name and address of the applicant;

 

(ii)      the number of the licence for sale or the permit for possession, of poppy straws held by the applicant;

 

(iii)     the quantity of poppy straws to be transported;

 

(iv)    the place from which poppy straws are to be transported;

 

(v)      the place to which poppy straws are to be transported:

 

(vi)    the route by which the poppy straws will be transported;

 

(vii)   the name and address of the person from whom poppy straws will be obtained;

 

(viii)  the period for which the pass is required to be valid;

 

(3)     On receipt of an application under sub-rule (1), the authorised officer shall make such inquiries as he deems fit and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form Poppy-5.

Export from India

Rule 11.

 

(1)     The licensee holding a licence in Form "Poppy-8" who wants to export poppy straws from India, shall give 48 hours' notice to the authorised officer for supervising packing of the goods to be exported. After verifying the particulars entered in the application in Form Poppy-8 (in triplicate) the Prohibition and Excise Officer-in-charge of the area or the authorised officer, as the case may be, shall get the following particulars noted on the body of each package, namely :-

 

(a)      Name and address of the consignee;

 

(b)      Description of the goods;

 

(c)      Total quantity of the goods packed;

 

(d)      Gross Weight of the package;

 

and shall then seal each package with his official seal in such manner that the packages cannot be transported without breaking the seal. The said officer shall endorse all the copies of the application in Form "Poppy-8" shall specify the period within which the goods shall be actually exported and return the duplicate to the consignor, who after despatching the goods, shall enter the number and date of the bill of lading in the duplicate copy and shall communicate these particulars to the proper officer or authorised officer for entry in the other copies.

 

(2)     On arrival at the port of export, the goods shall be presented together with the duplicate copy of the application to the Customs Collector or any officer of Customs duly appointed for the purpose. The consignment shall be carefully examined and check-weighed and if the seals are intact and the cases or packages correspond with the description given in the application, and the particulars stated in the duplicate copy of the application and the original received from the officer at the place of despatch agree in all respects, the Customs Collector or any such Officer of Customs shall allow the export and shall then certify on the duplicate copy of application that the goods have been duly exported (citing the shipping bill number and date and other particulars of export) and return it to the exporter.

 

The exporter shall submit the certificate issued by the Customs Officer to the authorised officer within a fortnight from the date of despatch of the goods.

Miscellaneous

Rule 12.

 

No railway administration shall ?

 

(a)      receive or convey poppy straws which are not covered and accompanied by a pass or a permit, at the case may be, granted under these rules, or

 

(b)      convey poppy straws otherwise than according to the route prescribed in such pass or permit.

Rule 13.

 

No package containing poppy straws during its transit in the course of their import inter-State, export inter-State, or transport shall be opened or broken.

Rule 14.

 

Any Revenue Officer, not below the rank of a Tahsildar, or an officer of the Food and Drug Administration, not below the rank of Inspector or any officer of the Prohibition and Excise Department, not below the rank of a Sub-Inspector or any officer of the Police Department, not below the rank of a Head Constable may at any time examine any package or receptacle containing poppy straws or any consignment of poppy straws during its transit.

Accounts and Returns

Rule 15.

 

(1)     The licensee shall keep accounts of poppy straws received, sold and held in stock by him, from time to time, in Form Poppy-6. The accounts shall be plaiinly and correctly written up in books bound, paged and stamped with the seal of the Superintendent of Prohibition and Excise concerned.

 

(2)     The licensee shall also maintain in Form Poppy-7, a register of purchasers of poppy straws wherein he shall enter under his signature, the number and date of licence or permit, if any, held by the purchaser or of the pass for export inter-State or transport held by him, full names and addresses of purchasers, the date of sale, the quantities of poppy straws sold to them and the purpose for which they are sold. He shall, in cases where no permit or pass is required on the part of the purchaser for the possession, export inter-State or transport of the poppy straws purchased by him, obtain in the said register the signature of the purchaser. He shall also enter in the permit of the permit-holder the quantity of poppy straws sold to him. The register shall be duly paged and sealed with the seal of the Superintendent of Prohibition and Excise concerned.

 

(3)     The licensee shall preserve the said accounts, the register of purchasers and passes for not less than one year from the date of the last entry in the account book or the register of purchasers and shall produce them, together with the licence and any poppy straws that may be in his possession at the time, for inspection on demand by the Collector or a Prohibition and Excise Officer, not below the rank of a Sub-Inspector or any other officer deputed by the Collector or authorised officer to inspect the same.

 

(4)     The licensee shall, if so required by the Collector or the authorised officer furnish him such information as may be required in connection with the poppy straws received, sold and held in stock by him.

CHAPTER II

Opium Possession

Rule 16.

 

(1)     Any registered medical practitioner desiring to possess opium for use as an ingredient in any medicine and to sell medicines containing opium on prescription shall make an application to the Collector or authorised officer for a licence in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form O. P. I on payment of a fee of rupees ten.

Rule 17.

 

(1)     Any person on behalf of an institution or any manufacturer of medicines desiring to possess opium, for use as an ingredient in the preparation of any medicine and to sell medicines containing opium shall make an application to the Collector or authorised officer for a licence in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that (here is no objection to grant the licence applied for, he may, subject to the orders of the State Government or the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form O. P. II on payment of a fee of rupees fifty.

Rule 18.

 

(1)     Any person desiring to possess and sell medicines containing opium shall make an application to the Collector or authorised officer for a licence in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form O. P. II-A on payment of a fee of rupees fifty.

Rule 19.

 

Every person holding a licence in Form O. P. II-A shall keep in Form G daily accounts of the quantities of medicines containing opium purchased and sold by him.

Rule 20.

 

(1)     Any person desiring to possess opium for the purposes of personal consumption shall make an application for a permit to the Collector or authorised officer.

 

(2)     Subject to the provisions of sub-rule (3), on receipt of an application under sub-rule (1), the Collector or the authorised officer, as the case may be, shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form O. P. Ill on payment of a fee of rupees ten :

 

Provided that, no such permit shall be granted or renewed ?

 

(i)       except on the recommendation of the Medical Board or the Medical Officer, as the case may be, appointed in that behalf;

 

(ii)      to a person under the age of twenty-one years: or

 

(iii)     to a person holding a permit in Form B-III appended to these rules.

 

(3)     The Collector or the authorised officer shall direct in writing, every applicant applying for a permit under this rule on grounds of addiction, to undergo medical treatment at the nearest hospital having facilities for the curative treatment of opium addicts in order to get rid of the addiction. He may, on the advice of the Medical Officer-in charge of such hospital grant or renew the permit to such applicant for the period recommended by such Medical Officer. Where the applicant fails to comply with the direction, the Collector or the authorised officer may refuse to grant or renew the permit, unless ?

 

(a)      the applicant is over 60 years of age and his health does not permit undergoing hospitalization; or

 

(b)      the Collector or the authorised officer is satisfied that such person is receiving such curative medical treatment from any Registered Medical Practitioner and such person produces a certificate from such Registered Medical Practitioner countersigned by the Civil Surgeon of the district in which the person resides, to the effect that the consumption of opium by the applicant is a medical necessity during such period of the curative treatment as may be specified in the certificate; or

 

(c)      the addiction of such person is certified by the Medical Officer-in-charge of the hospital to be incurable even after undergoing the curative treatment at the hospital; or

 

(d)      such person is the only earning member in his family and his hospitalization will, in the opinion of the Collector or the authorised officer, cause hardship to other members of his family so far as their maintenance is concerned.

Rule 21.

 

(1)     An owner of cattle or any domestic animals desiring to possess opium for administering its to his cattle, or domestic animals on medical grounds may make an application for a permit to the Collector or the authorised officer.

 

(2)     On receipt of an application under sub-rule (1), the Collector or the authorised officer, as the case may be, shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form O. P. IV on payment of a fee of rupees ten :

 

Provided that, no such permit shall be granted unless the administration of opium has been recommended for the cattle or domestic animals by the Veterinary Surgeon or Assistant Veterinary Surgeon appointed by Government in that behalf.

Rule 22.

 

(1)     A licence in Form O. P. I or O. P. II shall be granted in respect of such quantity of opium as may be fixed by the Collector or authorised officer in this behalf.

 

(2)     A permit in Form O. P. III shall be granted in respect of such quantity of opium as may be fixed by the Collector or the authorised officer, as the case may be. in accordance with the orders and directions issued by the State Government or the Commissioner of Prohibition and Excise, from time to time ;

 

Provided that, the aggregate quantity that can be bought in a month shall not exceed 50 grams of opium and the quantity that can be possessed at any one time shall not exceed 5 grams of opium :

 

Provided further that, the aggregate quantity that can be purchased in a month shall at every quarter of an year, except for special and adequate reasons, be subject to a reduction, the maximum being 12 ? percent, and the minimum being 1 ? grams as the Collector or the authorised officer may fix.

 

(3)     A permit in Form O. P. IV shall be in respect of such quantity of opium as is necessary in each case having due regard to the number of cattle or domestic animals as the case may be, the dosage prescribed and the recommendation of the Veterinary Surgeon or the Assistant Veterinary Surgeon appointed by Government in that behalf.

Rule 23.

 

No licence or permit under the aforesaid provisions shall be granted for any period beyond 31st March next following the date of the commencement of the licence or permit, as the case may be :

 

Provided that, a licence in Form O. P. 1 may be granted or renewed for a period not exceeding three years at a time but not beyond 31st March of the third year from the date of the commencement of the licence, if the licensee gives an undertaking to the effect that he shall abide by the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules, regulations and orders made thereunder and also by all the conditions of the licence which may be imposed by the State Government at the time of granting the licence or at any time during the currency of the licence.

Sale

Rule 24.

 

Depots for the sale of opium shall be established at such places as the State Government may from time to time direct.

Rule 25.

 

Opium required for sale at a depot may be obtained from Gazipur in the Uttar Pradesh. Opium may also be obtained from such other place as the State Government may direct.

Rule 26.

 

Opium shall not be sold at any place except at a depot established under rule 24 :

 

Provided that, a person holding licence in Form O. P. I or O. P. II or O. P. II-A may sell medicines containing opium to the extent and subject to the conditions laid down in his licence.

Import Inter-State

Rule 27.

 

Subject to the provisions of rule 25, no opium for the purposes of sale at a depot established under rule 24 shall be imported by railway or by Insured Postal Parcel :

 

Provided that, a person holding licence in Form O. P. I or O. P. II or O. P. II-A may, under a pass granted under rule 28, import inter-State medicines containing opium from any other State in India.

Rule 28.

 

(1)     Any person holding a licence in Form O. P. I or O. P. II or O. P. II-A desiring to import inter-State medicines containing opium from any other State in India shall make an application to the Collector or authorised officer in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass applied for, he may, grant the applicant a pass in Form A.

Export Inter-State

Rule 29.

 

(1)     Any person desiring to export inter-State medicine containing opium shall make an application for a pass to the Collector or authorised officer in that behalf, and shall alongwith the application forward an import pass or a no-objection certificate from the Chief Excise Authority of the place to which such medicine is to be exported.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form B.

 

(3)     The Collector or authorised officer shall cause to be sealed each package of medicines containing opium which is to be exported with his official seal.

Transport

Rule 30.

 

(1)     Any person desiring to transport opium or medicine containing opium shall make an application for a pass in that behalf as provided in sub-rule (2) :

 

Provided that, no such pass shall be necessary where transport of opium or medicine containing opium is permitted under the licence or permit granted under these rules.

 

(2)     Save as provided in sub-rule (1), a person holding a licence in Form O. P. I or O. P. II or O. P. II-A shall make an application to the Collector or authorised officer who granted him such licence. A person holding a permit in Form O. P. Ill shall make such application to the Collector or authorised officer who granted him such permit, and any other person shall make an application to the Collector or authorised officer of the place from which opium or medicine containing opium is to be transported and shall in the case of a transport from one district to another district forward a no-objection certificate of the Collector or authorised officer of such other district to which opium or medicine containing opium to be transported.

 

(3)     On receipt of an application under sub-rule (2), the Collector or authorised officer, as the case may be, shall make such inquiries as he deems fit and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form C.

Rule 31.

 

No packet containing opium or medicine containing opium shall be opened during its transport :

 

Provided that, nothing contained in this rule shall apply to persons holding a permit in Form O. P. III.

Rule 32.

 

(1)     Where opium or medicine containing opium is transported from one district to another, the transporter not being railway administration shall, on arrival of the packages of opium or medicine containing opium at their destination, present them together with the pass covering such transport for examination to the Collector or authorised officer.

 

(2)     If after examination of the packages, the Collector or the authorised officer under sub-rule (1) is satisfied that the packages have not been tampered with in transit, and that the number of packages and their weight correspond with the number of packages and their weight specified in the pass, the packages together with the pass will be handed over to the transporter. If the Collector or authorised officer is not so satisfied, the packages shall be detained and dealt with according to the orders of the Commissioner of Prohibition and Excise.

Miscellaneous

Rule 33.

 

No railway administration shall ?

 

(a)      receive or convey opium or medicine containing opium which is not covered and accompanied by transport pass from an officer duly empowered in this behalf, or

 

(b)      convey opium or medicine containing opium otherwise than ?

 

(i)       direct and in custody of a railway official up to the station at which the opium or medicine containing opium should leave the railway, and

 

(ii)      according to the route prescribed in such pass.

Rule 34.

 

(1)     The bulk of consignment of opium or medicine containing opium in transit in the course of importation or exportation shall not be broken, and any Revenue Officer, not below the rank of Tahsildar, or an officer of the Food and Drug Administration, not below the rank of Inspector, or any Inspector or Sub-Inspector of Prohibition and Excise or any Head Constable in the Police Force may at any time examine such consignment.

 

(2)     If, after such examination, the officer is satisfied that the packages have not been opened or tampered with in transit, and that the number of packages and their weight correspond with the number of packages and their weight specified in the pass, the consignment shall be allowed to proceed. If the said officer is not so satisfied the consignment shall be detained and dealt with according to the orders of the Commissioner of Prohibition and Excise.

Rule 35.

 

In the case of preparations and admixtures containing opium (which are not manufactured drugs under the Act), the bottles, phials, packages or other containers of such preparations and admixtures or the labels affixed to them shall plainly, exhibit -

(a)      the actual quantity of opium present in each such bottle, phial, package or container, or

 

(b)      sufficient particulars thereof to admit of the ready calculation of such quantity.

Rule 36.

 

Notwithstanding anything contained in these rules, it shall be lawful for any person to buy, possess, transport, consume or use any medicine containing opium in such quantity as may at one time be dispensed or sold to him in accordance with the prescription of a registered medical practitioner.

Rule 37.

 

Any person may, without any permit or licence, purchase, possess and transport opium or medicine containing opium on behalf of a pardanashin lady or on behalf of an infirm or invalid person who is physically not fit to purchase, possess and transport opium or medicine containing opium provided that,-

 

(i)       the pardanashin lady or the infirm or invalid person holds a permit in Form O. P. III or a prescription from a registered medical practitioner for obtaining medicine containing opium;

 

(ii)      the person purchasing, possessing and transporting opium on behalf of the pardanashin lady or the infirm or invalid person otherwise than on a prescription has got a written authority in Form D from the pardanashin lady or the infirm or invalid person to do so on his behalf; and

 

(iii)     the Collector or the authorised officer authorised to grant permits in Form O. P. III has given his previous approval to such authority.

Rule 38.

 

Notwithstanding anything contained in the foregoing rules, no licence, permit or pass shall be necessary for the purchase, possession, transport, import, export and sale of opium by or on behalf of Government depots established under rule 24.

Rule 39.

 

(1)     Every person holding a licence in Form O. P. I shall maintain in form E monthly accounts of the quantities of opium purchased and used and of the balance held in stock by him.

 

(2)     Every person holding a licence in Form O. P. II shall maintain in Form F daily accounts of quantities of opium purchased and used by him.

CHAPTER III

Ganja Possession

Rule 40.

 

(1)     Any registered medical practitioner desiring to possess ganja for use as an ingredient in any medicine and to sell medicines containing ganja on prescription shall make an application to the Collector or authorised officer in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or an authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form B-I, on payment of a fee of rupees ten.

Rule 41.

 

(1)     Any person on behalf of an institution or any manufacturer of medicines desiring to possess ganja for use as an ingredient in the preparation of any medicine and to sell medicines containing ganja shall make an application to the Collector or authorised officer for a licence in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government or the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form B-II, on payment of a fee of rupees fifty.

Rule 42.

 

(1)     Any person desiring to possess and sell medicines containing ganja shall make an application to the Collector or authorised officer for a licence in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a licence in Form B-IIA, on payment of a fee of rupees fifty.

Rule 43.

 

Every person holding a licence in Form B-IIA shall keep in Form N daily accounts of the quantities of medicines containing ganja purchased and sold by him.

Rule 44.

 

(1)     Any person desiring to possess ganja for the purposes of personal consumption shall make an application for a permit to the Collector or authorised officer in this behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer, as the case may be, shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the provisions of sub-rule (3) and the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form B -III on payment of a fee of rupees ten :

 

Provided that, no such permit shall be granted or renewed ?

 

(i)       except on the recommendation of the Medical Board or the Medical Officer, as the case may be, appointed in that behalf;

 

(ii)      to a person under the age of twenty-one years;

 

(iii)     to a person holding a permit in Form O. P. III appended to these rules.

 

(3)     The Collector or authorised officer shall direct, in writing, every applicant applying for a permit under this rule on grounds of addiction, to undergo medical treatment at the nearest hospital having facilities for the curative treatment of ganja addicts in order to get rid of the addiction. He may, on the advice of the Medical Officer-in-charge of such hospital, grant or renew the permit to such applicant for the period recommended by such Medical Officer. Where the applicant fails to comply with the direction, the Collector or authorised officer may refuse to grant or renew the permit, unless ?

 

(a)      the applicant is over 60 years of age and his health does not permit undergoing hospitalisation; or

 

(b)      the Collector or authorised officer is satisfied that such person receiving such curative medical treatment from any Registered-Medical Practitioner and such person produces a certificate from such Registered Medical Practitioner countersigned by the Civil Surgeon of the District in which the person resides to the effect that the consumption of ganja by the applicant is a medical necessity during such period of the curative treatment as may be specified in the certificate: or

 

(c)      the addiction of such person is certified by the Medical Officer-in-charge of the hospital to be incurable even after undergoing the curative treatment at the hospital; or

 

(d)      such person is the only earning member in his family and his hospitalisation will, in the opinion of the Collector or authorised officer, cause hardship to other members of his family so far as their maintenance is concerned.

Rule 45.

 

(1)     An owner of cattle or any domestic animals desiring to possess ganja for administering it to his cattle or domestic animals on medical grounds may make an application for a permit to the Collector or authorised officer in this behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer, as the case may be, shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, subject to the orders of the State Government and the Commissioner of Prohibition and Excise, if any, grant the applicant a permit in Form B-IV, on payment of a fee of rupees ten :

 

Provided that, no such permit shall be granted unless the administration of ganja has been recommended for the cattle or domestic animals by the Veterinary Surgeon or Assistant Veterinary Surgeon appointed by Government in that behalf.

Rule 46.

 

(1)     A licence in Form B-I or B-II shall be granted in respect of such quantity of ganja as may be fixed by the Collector or authorised officer in this behalf.

 

(2)     A permit in Form B-III shall be granted in respect of such quantity of ganja as may be fixed by the Collector or authorised officer, as the case may be, in accordance with the orders and directions issued by the State Government or the Commissioner of Prohibition and Excise, from time to time :

 

Provided that, the aggregate quantity that can be bought in a month shall not exceed 80 grams of ganja and the quantity that can be possessed at any one time shall not exceed 20 grams of ganja :

 

Provided further that, the aggregate quantity that can be purchased in month shall at every quarter of an year, except for special and adequate reasons, be subject to a reduction of the maximum being 10 grams and the minimum being 5 grams as the Collector or authorised officer may fix.

 

(3)     A permit in Form B-IV shall be in respect of such quantity of ganja as is necessary in such case having due regard to the number of cattle or domestic animals, the dosage prescribed and the recommendation of the Veterinary Surgeon or the Assistant Veterinary Surgeon.

Rule 47.

 

(1)     No licence or permit under the aforesaid provisions shall be granted beyond 31st March next following the date of the commencement of the licence or permit as the case may be :

 

Provided that, a licence in Form B-I may be granted or renewed for a period not exceeding three years at a time but not beyond 31st March of the third year from the date of the commencement of the licence; if the licensee gives an undertaking to the effect that he shall abide by the provisions of the Act and the rules, regulations and orders made thereunder and also by all the conditions of the licence which may be imposed by the State Government at the time of granting the licence or at any time during the currency of the licence.

 

(2)     No licence or permit shall be granted to a person under the age of twenty-one years.

Rule 48.

 

Depots for the sale of ganja shall be established at such places as the State Government may from time to time direct.

Rule 49.

 

Ganja required for sale at a depot may be obtained from a warehouse established by the State Government for this purpose. Ganja may also be obtained from such other place as the Commissioner of Prohibition and Excise may direct

Rule 50.

 

Ganja shall not be sold at any place except at a depot established under rule 48 :

 

Provided that, a person holding a licence in Form B-I or B-II or B-IIA may sell medicines containing ganja to the extent and subject to the conditions laid down in his licence.

Import Inter-State

Rule 51.

 

A person holding a licence in Form B-I or B-II or B-IIA may, under a pass granted under rule 52(2), import inter-State medicines containing ganja from any other State in India.

Rule 52.

 

(1)     Any person, holding a licence in Form B-I or B-II or B-IIA desiring to import inter-State medicines containing ganja from any other State in India, shall make an application to the Collector or authorised officer in that behalf.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that-there is no object to grant the pass applied for, he may grant the applicant a pass in Form I.

Export Inter-State

Rule 53.

 

(1)     Any person desiring to export inter-State medicines containing ganja shall make an application to the Collector or authorised officer in that behalf and shall along with the application forward an import pass or a no-objection certificate from the Chief Excise Authority of the place to which such medicines are to be exported.

 

(2)     On receipt of an application under sub-rule (1), the Collector or authorised officer shall make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass applied for, he may grant applicant a pass in Form J.

Transport

Rule 54.

 

(1)     Any person desiring to transport ganja or medicine containing ganja shall make an application for a pass in that behalf as provided in sub rule (2) :

 

Provided that, no such pass shall be necessary when transport of ganja or medicine containing ganja is permitted under the licence or permit granted under these rules.

 

(2)     Save as provided in sub-rule (1), a person holding a licence in Form B-I or B-II or B-IIA shall make an application to the Collector or authorised officer, who granted him such licence. A person holding a permit in Form B-III shall make such application to the Collector or authorised officer who granted him such permit and any other person shall make an application to the Collector or authorised officer of the place from which ganja or medicine containing ganja is to be transported and shall in the case of transport from one district to another district forward a no-objection certificate of the Collector or authorised officer of such other district to which ganja or medicine containing ganja is to be transported.

 

(3)     On receipt of an application under sub-rule (2), the Collector or authorised officer, as the case may be, shall make such inquiries as he deems fit and if he is satisfied that there is no objection to grant the pass applied for, he may grant the applicant a pass in Form H.

Rule 55.

 

No packet containing ganja or medicine containing ganja, as the case may be, shall be opened during its transport :

 

Provided that, nothing contained in this rule shall apply to persons holding a permit in Form B-III.

Rule 56.

 

(1)     Where ganja or medicine containing ganja is transported from one district to another, the transporter not being railway administration shall, on arrival of the packages of ganja or medicine containing ganja at their destination, present them together with the pass covering such transport for examination to the Collector or any officer duly authorised in that behalf.

 

(2)     If after examination of the packages, the Collector or authorised officer under sub-rule (1), is satisfied that the packages have not been tampered within transit, and that the number of packages and their weight correspond with the number of packages and their weight specified in the pass, the packages together with the pass will be handed over to the transporter. If the Collector or authorised officer is not satisfied, the packages shall be detained and dealt with according to the orders of the Commissioner of Prohibition and Excise.

Miscellaneous

Rule 57.

 

No railway administration shall ?

 

(a)      receive or convey ganja or medicine containing ganja which is not covered and accompanied by transport pass from an officer duly empowered in this behalf, or

 

(b)      convey ganja or medicine containing ganja otherwise than ?

 

(i)       direct and in custody of a railway official up to the station at which ganja or medicine containing ganja should leave the railway, and

 

(ii)      according to the route prescribed in such pass.

Rule 58.

 

(1)     The bulk of consignment of ganja or medicine containing ganja in transit in the course of importation or exportation shall not be broken and any Revenue Officer, not below the rank of a Tahasildar or an officer of the Food and Drug Administration not below the rank of Inspector or any Inspector or Sub-Inspector of Prohibition and Excise or any Head Constable in the Police Force may at any time examine such consignment.

 

(2)     If, after such examination, the officer is satisfied that the packages have been opened or tampered with in transit, and that the number of packages and their weight correspond with the number of packages and their weight specified in the pass, the consignment shall be allowed to proceed. If the said officer is not so satisfied, the consignment shall be detained and dealt with according to the orders of the Commissioner of Prohibition and Excise.

Rule 59.

 

In the case of preparations and admixtures containing ganja (which are not manufactured drugs under the Act), the bottles, phials, packages or other containers of such preparations and admixtures or the labels affixed to them shall plainly exhibit ?

 

(a)      the actual quantity of ganja present in each such bottle, phial, package or container, or

 

(b)      sufficient particulars thereof to admit of the ready calculation of such quantity.

Rule 60.

 

Notwithstanding anything contained in these rules, it shall be lawful for any person to buy, possess, transport, consume or use any medicine containing ganja in such quantity as may at one time be dispensed or sold to him in accordance with the prescription of a registered medical practitioner.

Rule 61.

 

Any person may without any permit or licence purchase, possess and transport ganja or medicine containing ganja on behalf of any pardanashin lady or on behalf of any infirm or invalid person who is physically not fit to purchase, possess and transport ganja or medicine containing ganja as the case may be, provided that ?

 

(i)       the pardanashin lady or the infirm or invalid person holds a permit in Form B-III or a prescription from a registered medical practitioner for obtaining medicine containing gainja;

 

(ii)      the person purchasing, possessing and transporting ganja on behalf of the pardanashin lady or infirm or invalid person otherwise than on a prescription has got a written authority in Form K from the pardanashin lady or the Infirm or invalid person to do so on his behalf; and

 

(iii)     the Collector or authorised officer to grant permit in Form B-III has given his previous approval to such authority.

Rule 62.

 

Notwithstanding anything contained in the foregoing rules, no licence, permit or pass shall be necessary for the purchase, possession, transport and sale of ganja by or on behalf of Government depots, established under rule 48.

Rule 63.

 

(1)     Every person holding a licence in Form B-I shall maintain in Form L monthly accounts of the quantities of ganja purchased and used and of the balance in stock held by him.

 

(2)     Every person holding a licence in Form B-II shall maintain in Form M daily accounts of the quantities of ganja purchased and used by him.

CHAPTER IV

Medical Opium Manufacture

Rule 64.

 

The manufacture of medical opium is prohibited save under and in accordance with the conditions of a licence in Form P annexed hereto granted by the Commissioner of Prohibition and Excise, Maharashtra State, Bombay.

CHAPTER V

Manufactured Drugs Manufacture

Rule 65.

 

No licensed dealer in manufactured drugs shall except in accordance with the conditions of his licence and except on the premises licensed for the purpose under these rules manufacture any preparation containing any manufactured drugs from materials which he is lawfully entitled to possess.

Rule 66.

 

No licensed chemist shall dispense manufacture drugs except on prescription and in accordance with the conditions of his licence.

Possession

Rule 67.

 

No person shall possess any manufactured drugs except in such quantity as has been at one time dispensed or sold for his use in accordance with the provisions of rule 60 or 88 of these rules or of corresponding rules for the time being in force in any part of India, the import inter-State or export inter-State of manufactured drugs save as has been permitted under the rules.

Rule 68.

 

(1)     No approved practitioner shall, for the purpose of sale, possess any quantity of manufactured drugs or any preparation containing any manufactured drugs ;

 

Provided that, such practitioner may, for use in his practice, possess-

 

(a)      opium derivatives containing in the aggregate not more than 8 grams of either morphine or discetyl morphine or both;

 

(b)      medicinal hemp not exceeding 30 grams of extract or 110 grams of tincture or both: and

 

(c)      1 - methyl-4-Phenyl-piperidine-4-carboxilie acide ethyl ester (in the form of hydrochloride, known under the names of Dolantin Demorol, Pethidine, Isonipacaine, etc.) and its salts not exceeding 12 grams:

 

Provided further that, the Licensing Authority may, by special order, authorise any such practitioner to possess as aforesaid any larger quantity of the said drugs.

 

(2)     No approved practitioner shall, for the purpose of sale, possess any quantity of coca derivaties :

 

Provided that, such practitioner may under a special permit granted in this behalf by the Licensing Authority in Form NDPS-3 hereto annexed, possess for use in his practice coca derivatives containing not more than 4 grams of cocaine in the aggregate ;

 

Provided further that, the Licensing Authority may authorise any such practitioner to possess as aforesaid a larger quantity of coca derivatives containing not more than 8 grams of cocaine.

 

(3)     The expression "use in his practice" in sub-rules (1) and (2) means only the actual direct administration of the drug in injections, surgical operations or other emergent cases by or in the presence of an approved practitioner. All other issues of the drug by an approved practitioner, shall be deemed to be sales, except in the case of issue free of charge from specially recognised charitable medical institutions.

Rule 69.

 

(1)     A Government Medical Officer-in-charge of Government and Government grant-in-aid Medical Institutions may possess manufactured drugs for use in such institutions.

 

(2)     An approved practitioner in charge of Zilla Parishad or Municipal dispensaries or in charge of hospitals and dispensaries belonging to missions and other corporate bodies may possess manufactured drugs required for use in such dispensaries and hospitals.

 

(3)     A Government Medical Officer in charge of hospitals and dispensaries belonging to Railways may possess manufactured drugs for use in such hospitals and dispensaries.

Rule 70.

 

A Medical Officer or an approved practitioner possessing manufactured drugs [under rule 68 or rule 69], shall ?

 

(1)     keep accounts of manufactured drugs received, used and held in stock by him from time to time, in the form prescribed by the Licensing Authority. The accounts shall be plainly and correctly written up daily in books bound, paged and sealed with the seal of the Licensing Authority and shall show in each case of purchase, the date of purchase and the name and address of the person or firm from whom the purchase was made;

 

(2)     preserve the said accounts for not less than two years from the date of the last entry in the account book and shall produce them, together with any manufactured drugs that may be in his possession at the time, for inspection on demand by the Licensing Authority or any other officer duly authorised by him in this behalf;

 

(3)     furnish to the Licensing Authority or any other officer duly authorised by him in this behalf, within a week after the end of each calendar year information regarding the purchase and consumption of manufactured drugs during the preceding year and the stocks of manufactured drugs held by him on the last day of the year, in the form prescribed by the Licensing Authority for the purpose.

Rule 71.

 

(1)     No person, unless he is authorised in this behalf by the Licensing Authority by an order made under sub-rule (1) of rule 91, shall possess opium derivatives and medicinal hemp not exceeding such quantities and otherwise than in such manner as may be specified in such order.

 

(2)     No person, unless he is authorised in this behalf by the Licensing Authority by an order made under sub-rules (3) and (4) of rule 91, shall possess and use manufactured drugs for educational or scientific purposes or for use in an emergency and not exceeding such quantity and otherwise than in such manner as may be specified in such order.

Rule 72.

 

No licensed dealer in manufactured drugs or licensed chemist shall possess manufactured drugs except in such quantity and in such manner as may be specified in his licence.

Rule 73.

 

No person shall, without an authorisation granted to him under these rules for the import inter-State, export inter-State or transport of manufactured drugs, possess such drugs exceeding such quantity and otherwise than in such manner as may be specified in such authorisation.

Import Inter-State, Export Inter-State and Transport

Rule 74.

 

No person shall import inter-State, export inter-State or transport manufactured drugs except in such quantities as he may lawfully possess under rule 67.

Rule 75.

 

(1)     No approved practitioner shall import inter-State, export interstate or transport opium derivatives, medicinal hemp and 1-methyl-i-phenyl-piperidine-4-carboxilic acid ethyl ester (in the form of the hydrochloride, known under the name of Donlatin, Demerol, Pethidine, Isonizecain, etc.) and its salts except in such quantities as he may lawfully possess under sub-rule (1) of rule 68.

 

(2)     No practitioner shall, without a licence in Form NDPS-2 hereto annexed or a special permit in Form NDPS-3 hereto annexed, import interstate, export inter-State or transport coca derivatives containing not more than 1,300 milligrammes of cocaine for use in his practice, provided that no such export inter-State or transport shall be made for sale.

Rule 76.

 

(1)     A Medical Officer in charge of hospitals and dispensaries belonging to the Railways may transport manufactured drugs required for use in such hospitals and dispensaries.

 

(2)     A Medical Officer in charge of Government or Government grant-in-aid medical institution may transport manufactured drugs required for use in such institutions.

Rule 77.

 

(1)     No person unless he is authorised in this behalf by the Licensing Authority by an order made under sub-rule (1) of rule 91 shall import inter-State or transport opium derivatives or medicinal hemp and not exceeding such quantity and otherwise than in such manner as may be specified in such order, on an indent countersigned by the Chief Medical Officer. Civil Surgeon or the Superintendent of the Government Veterinary Institute.

 

(2)     No person, unless he is authorised in this behalf by the Licensing Authority by an order made under sub-rule (2) of rule 91, shall transport manufactured drugs for educational or scientific purposes and not exceeding such quantities and otherwise than in such manner as may be specified in such order.

Rule 78.

 

No person shall, without an authorisation granted to him under these rules for the import inter-State of any manufactured drugs import that drug exceeding such quantity and otherwise than in such manner as may be specified in such authorisation.

Rule 79.

 

No licensed dealer in manufactured drugs shall, unless permitted by the Licensing Authority, import inter-State medicinal opium from the Ghazipur Factory (hereinafter referred to as "the factory"). Such import inter-State shall be permitted subject to the following conditions :-

 

(1)     Every application by the licensed dealer for the supply of medicinal opium shall be sent to the Licensing Authority.

 

(2)     The stock in hand on the date of application shall be stated and the quantity of opium applied for shall not be more than sufficient for six month's manufacture, subject however, to the minimum of 2.5 kilograms prescribed in condition (9) for individual indents.

 

(3)     The purposes for which the medicinal opium is required shall be specified in the application.

 

(4)     An intimation of the despatch of each consignment shall be sent by the Superintendent of the Factory to the Licensing Authority who shall make arrangements for its examination on arrival by a responsible officer not below the rank of an Inspector of Food and Drug Administration.

 

(5)     A complete record of the quantity of medicinal opium received and used for each preparation, with the amount of each product manufactured and its morphine contents shall be maintained in such manner as the Licensing Authority may prescribe. Such record shall be periodically examined by the Inspector and shall also be open to inspection by any officer not below the rank of an Inspector of Food and Drug Administration.

 

(6)     Every consignment on arrival shall be examined by the officer referred to in condition (4) and immediately brought to account in the form prescribed in condition (5), No part of the medicinal opium shall be medicated except in the presence of such officer, who shall witness ?

 

(a)      in the case of liquid extracts or tinctures the beginning of the panning in the evaporators or the addition of the solvent in the percolators;

 

(b)      in the case of mixtures the thorough admixture of the medicinal opium with other drugs.

Two clear days notice shall be given to such officer of any medication of medicinal opium.

(7)     No medicinal opium shall under any circumstances be sold or shall be allowed to be removed from the premises of the person to whom it has been issued, otherwise than as a part of a manufactured medicinal preparation, and no medicinal opium shall be used for purposes other than those specified in the application.

 

(8)     It shall be competent for the State Government to supply medicinal opium to such persons as it deems fit.

 

(9)     The limit of the amount of medicinal opium to be supplied to any person in any calendar year shall be 200 kgs. and individual indents shall not be for less than 2.5 kgs. or more than 50 kgs. at a time except in case of special urgency.

Rule 80.

 

(1)     No licensed dealer in manufactured drugs shall, except under an authorisation granted under rule 95 and subject to the conditions of his licence, export inter-State manufactured drugs to any part of India.

 

(2)     An indent for opium derivative or medicinal hemp, countersigned by the Chief Medical Officer, Civil Surgeon or the Superintendent of the Government Veterinary Institute shall for the purpose of this rule, be deemed to be an authorization.

Rule 81.

 

No person, unless he is authorised in this behalf by the [Controlling Authority] by special order made under rule 92 shall export inter-State opium derivatives or medicinal hemp exceeding such quantity and otherwise than in such manner as may be specified in such order.

Rule 82.

 

No person shall, without an authorisation granted to him under these rules for the transport of manufactured drugs, transport such drug exceeding such quantity and otherwise than in such manner as may be specified in such authorisation :

 

Provided that, an approved practitioner holding a licence in Form NDPS-2 may, without such authorization, transport otherwise than by rail or post manufactured drugs in quantities not exceeding those specified in condition 1 of his licence.

Rule 83.

 

Every person importing inter-State, exporting inter-State or transporting manufactured drugs shall comply with such general or special directions as may, from time to time, be issued by the [Controlling Authority].

Rule 84.

 

Except as provided in rule 85, no person shall import inter-State or export inter-State or transport manufactured drugs whether or not the same is in the possession of Government, by rail or post into, out of or within the State of Maharashtra.

Rule 85.

 

Import inter-State export inter-State, or transport of manufactured drugs shall be allowed by rail or post subject to the following conditions, namely :-

 

(a)      the parcel of the manufactured drug when sent by post shall be sent by registered post;

 

(b)      the parcel of such drugs whether sent by rail or by post shall be insured;

 

(c)      the parcel shall be covered by a permit issued in this behalf by the competent authority at the place to which the parcel is addressed;

 

(d)      the parcel shall, be accompanied by a declaration showing the names of the consignor and the consignee, the contents of the parcel in detail, the number and date of the permit covering the import inter State, export inter-State, or transport, as the case may be, and the number of the licence, if any, held by the consignor or the consignee;

 

(e)      the consignor and the consignee, if they are licensees, shall show distinctly in their account books, the names of the consignee and the consignor respectively, and the quantities of the drugs imported inter-State, exported inter-State or transported by and to them, as the case may be, from time to time, by post.

Rule 86.

 

Nothing in these rules shall be deemed to permit the import interstate of manufactured drugs from any parts of India outside the State of Maharashtra unless the rules for the time being in force in such parts of India relating to the export inter-State have been complied with.

Sale

Rule 87.

 

(1)     A licensed dealer in manufactured drugs may sell, otherwise than on prescription, manufactured drugs subject to the conditions of his licence.

 

(2)     Such dealer shall maintain a written record of every sale made under the licence in the manner laid down (herein and in such manner as the [Controlling Authority] may from time to time direct, and shall preserve such record for not less than two years from the date of the last entry therein.

Rule 88.

 

No licensed chemist shall sell manufactured drugs otherwise than on prescription and subject to the conditions of his licence.

Rule 89.

 

Notwithstanding anything contained in these rules, the holder of a licence in Form NDPS-1 shall, whenever required to do so, sell any manufactured drug to any Government Officer who is duly authorised by the State Government in this behalf to possess such drug on behalf of Government under the first proviso to clause (a) of sub-section (1] of section 10 of the Act, provided that a receipt is obtained by the holder of the licence from such officer for the same and kept on his record.

Rule 90.

 

A prescription for the supply of manufactured drugs shall comply with the following conditions :-

 

(1)     The prescription shall be in writing and shall be dated and signed by an approved practitioner with his full name, qualifications and address. The prescription shall also specify the name and address of the person to whom such prescription is given and the total quantity of the drug to be supplied thereon. If the drug to be supplied is coca derivatives, the quantity shall not contain more than 389 milligrammes of cocaine; provided that the Licensing Authority may by a special order authorise the supply of a larger quantity in the circumstances of any particular case.

 

(2)     The prescription shall not be given for the use of the prescriber himself.

 

(3)     A prescription given by a registered dentist shall be only for the purpose of dental treatment and shall be marked "For local dental treatment only".

 

(4)     A prescription given by an approved Veterinary Surgeon shall be only for the purpose of treatment of animals and shall be marked "For animal treatment only".

 

(5)     No practitioner shall give any prescription for the supply of any of the manufactured drugs otherwise than in accordance with the foregoing conditions.

Authorisation, Licenses and Passes

Rule 91.

 

The [Controlling Authority], may by a general or special order, authorise ?

 

(1)     any person in charge of an educational institution or engaged in scientific research to possess and use, for educational and/or scientific purposes only, manufactured drugs in such quantity and in such manner as may be specified in the said order;

 

(2)     a pilot of an aircraft to possess and use on the aircraft in an emergency preparations containing morphine in such quantity and in such manner as may be specified in such order;

 

(3)     a person in charge of an ambulance or a first aid station or a first aid box to possess and use in an emergency manufactured drugs in such quantity and in such manner as may be specified in such order.

Rule 92.

 

The [Controlling Authority] may by a special order authorise any person to export inter-State opium derivatives or medicinal hemp, subject to such conditions as may be specified in such order.

Rule 93.

 

(1)     The Licensing Authority or any other officer empowered in this behalf by the [Controlling Authority] may grant a dealer's licence in Form NDPS-1. or a chemist's licence in Form NDPS-2, to any person who in the opinion of the Licensing Authority or such officer, as the case may be, is not likely to abuse such grant, and may fix the quantity of the drugs to be possessed under such licenses.

 

(2)     A fee as shown below shall be charged in advance to the holders of a licence in Form NDPS-1 and NDPS-2,-

NDPS-1 ... Fees of rupees 20 per annum.

NDPS-2 ... Fees of rupees 20 per annum :

Provided that, for the purpose of charging the fees the fraction of a year shall be reckoned as one complete year.

 

(3)     No licence under sub-rule (1) shall be granted for a period extending beyond 31st December next following the date of the commencement of the licence :

 

Provided that, a licence in Form NDPS-2, may be granted or renewed to an approved practitioner for a period not exceeding three years at a time but in no case shall the period extend beyond 31st December of the third year from the date of the commencement of licence :

 

Provided further that, the holder of a licence shall have to abide by the provisions of the Act and the rules made thereunder and the conditions of the licence and also by such other conditions of the licence as may be prescribed by the State Government during the currency of the licence and shall give an undertaking to that effect.

Rule 94.

 

The Licensing Authority or such other officer, as the Licensing Authority may empower in this behalf may grant to any licensed dealer in manufactured drugs, ora licensed chemist an authorization in Form NDPS-4, for the import inter-State of manufactured drugs not exceeding the quantity which such dealer or chemist may lawfully possess.

Rule 95.

 

When any manufactured drug is to be exported to any other part of India the person intending to export the same shall first obtain a no-objection certificate or permit from an officer authorised in this behalf under the corresponding rules in force in such other part of India and present such certificate or permit alongwith the indent, to the Licensing Authority or such other officer as may be authorised in this behalf at the place of export, who shall then, if he sees no objection, issue an export authorisation in Form NDPS-5 :

 

Provided that, in the case of export inter-State of drugs required for use in Government Medical Institutions no such no-objection certificate or permit shall be necessary if the Controlling Medical Officer, not below the rank of a Civil Surgeon, or the Superintendent of the Government Veterinary Institute in the district to which the drug is to be exported, certifies by endorsement on the requisition or indent that the drug is required for bonafide Government purposes and intimates the facts to the [Controlling Authority] and the concerned authority of the place from and to which the drug is to be exported.

Rule 96.

 

When any manufactured drug is to be transported, the person intending to transport the same shall first obtain a transport authorization in Form NDPS-6, from the Licensing Authority or such other officer as may be authorised by the [Controlling Authority] in this behalf at the place to which the drug is to be transported and present it to the Licensing Authority or such other officer as may be authorised by the [Controlling Authority] in this behalf at the place from which the drug is to be transported, who shall complete the authorisation and allow the removal of the drug, provided that the quantity of the drug does not exceed the quantity which such person may lawfully possess :

 

[Provided that, in the case of transport of manufactured drugs within the State, required for use in Government or Semi Government Medical Institution, no such transport authorisation in Form NDPS-6 shall be necessary if the Controlling Medical Officer in-charge of such Medical Institution, not below the rank of Class-11 Gazetted Officer certifies by endorsement on the requisition or indent that the drug is required for bona fide purposes and intimates the facts to the Licensing Authority of the place to which such drug is to be transported.]

Rule 97.

 

(1)     The Licensing Authority may grant a special authorisation in Form NDPS-3 hereto annexed to an approved practitioner for the possession for use in the exercise of his practice, but not for sale of coca derivatives containing not more than 4 grams of cocaine :

(2)      

Provided that, the Licensing Authority may allow a larger quantity of the drug containing not more than 8 grams of cocaine in such cases as he may, having regard to the requirements of the permit holder, consider advisable.

 

(3)     The special authorization in Form NDPS-3 may be granted or renewed for a period not exceeding three years at a time but in no case shall extend beyond the 31st December of the third year from the date of commencement of the authorisation.

Rule 98.

 

In the case of preparations and admixtures containing manufactured drugs, the limit wherever specified shall be with reference to the manufactured drug contents, respectively, and not with reference to the quantity or bulk of the preparation and (he bottles, phials, packages or other containers of these preparations and label affixed to them shall plainly exhibit the actual quantity of the manufactured drugs present in such container or sufficient particulars to admit of the ready calculation of such quantity.

Rule 99.

 

All preparations containing more than 0.2 per cent, morphine or 0.1 per cent, of cocaine and any preparations which the Central Government may by notification in the Gazette of India made in pursuance of a finding under Article 8 of the Geneva Convention declare not to be a manufactured drug, may be imported, exported, transported possessed or sold without any restriction,

Rule 100.

 

Notwithstanding anything contained in these rules the State Government may, by notification in the Official Gazette, direct that no licence, permit, pass or authorisation shall be necessary for the import, export, transport, possession or sale, in quantity not exceeding 500 grams of such manufactured drugs as may be specified in the notification.

CHAPTER VI

Miscellaneous

Rule 101.

 

(1)     The fee payable in respect of the transfer of a licence from one site to another shall be the same as payable for grant of a licence.

 

(2)     The fee payable in respect of the transfer of a licence from one name to another shall be the same as payable for grant of a licence.

 

(3)     The fee payable for supply to a licensee of a duplicate copy of a licence, an authorization, permit or pass shall be rupees five.

 

(4)     The fee payable for each amendment to be made in a licence, authorization, permit or pass shall be rupees five.

Rule 102.

 

(1)     The authority granting any licence, permit or pass under these rules may, for the reasons to be recorded in writing, cancel or Suspend it:-

 

(a)      if the purpose for which the licence, permit or pass was granted ceases to exist;

 

(b)      in the event of any breach by the holder of such licence, permit or pass or by his servant or by any one acting with his express or implied permission on his behalf of any of the terms and conditions of such licence, permit or pass or of any licence, permit,or pass previously held by the holder.

Rule 103.

Whenever the authority granting a licence, permit or pass considers that it should be cancelled or suspended for any cause other than those specified in rule 102 above may cancel or suspend it by recording the reasons in writing for doing so.

 

Rule 104. Appeals. ?

 

(1)     All orders passed by an authorised officer or the Collector under these rules shall be appealable to the Commissioner of Prohibition and Excise.

 

(2)     All orders passed by the licensing authority shall be appealable to the Commissioner of Food and Drug Administration.

 

(3)     Any orders passed by the Commissioner of Prohibition and Excise or the Commissioner of Food and Drug Administration shall be appealable to the State Government.

 

(4)     Every appeal under these rules shall be filed within thirty days from the date of the order complained for and shall be accompanied by a copy of the order appealed against.

 

Rule 105. Revision. ?

 

The State Government may call for and examine the record of any order passed by any officer or authority subordinate to it for the purpose of satisfying itself as to the legality or propriety of such orders and may modify, annul or reverse such order and pass such order as it deems fit.

 

Rule 106. Power to issue supplementary instructions. ?

 

(i)       The Commissioner of Prohibition and Excise may issue written instructions providing for any supplementary matters arising out of Chapter I to IV of these rules.

 

(ii)      The [Controlling Authority] may issue written instructions providing for any supplementary matters arising out of Chapter V of these rules.

Rule 107. Supersession and Savings. ?

 

(1)     (a) The Maharashtra Poppy Capsule Rules, 1961;

(b) ? The Bombay Opium Rules, 1953;

(c) ? The Bombay Ganja and Bhang Rules, 1953; and

(d) ? The Bombay Dangerous Drugs Rules, 1935 are hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the rules repealed by sub-rule (1) shall, in so far as it is not inconsistent with the provisions of these rules be deemed to have been done or taken under the corresponding provisions of these rules.

 

Form " Poppy-1"

(See rule 4)

 

Permit for possession of poppy straws

 

Permit No. ........

Permit is hereby granted under the subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder to.................. residing at............ (hereinafter called "the permit-holder") authorising him to possess poppy straws at his premises situated at ............ in the district of ............ on payment of fee of

.......... subject to the following conditions, namely :-

 

Conditions

 

1.        The permit-holder shall not possess poppy straws in excess of.......... at any one time and he shall not use more than of poppy straws during any calendar month.

 

2.        The permit-holder shall not obtain poppy straws except from a person holding licence in Form 'Popp. - 2' or from any place outside the State of Maharashtra on the strength of an import inter-State pass.

 

3.        The permit-holder shall not use poppy straws at any place other than the premises specified above.

 

4.        (1) The permit-holder shall not use poppy straws held under this permit except for the purposes specified below :-

 

(a)      .....

 

(b)      .....

 

(c)      .....

 

(2) ? The permit-holder shall not sell any poppy straws to any person.

5.        The permit-holder shall comply with all orders and directions which may be issued to him by the Collector or the authorised officer relating to the subject matter of this permit.

 

6.        The permit-holder shall get entered in his permit, the quantity of poppy straws obtained by him from ?

 

(i)       by the licensee if they are obtained from a licensee and

 

(ii)      by the local Prohibition and Excise Officer if they are obtained from a place outside the State of Maharashtra under an import interstate Pass.

 

7.        This permit shall be non-transferable and may be suspended or cancelled in accordance with the provisions of these rules.

 

8.        In case the permit is surrendered, suspended or cancelled during its currency or is not renewed on its expiry, the permit-holder shall forthwith surrender the whole of the unused stock of poppy straws to the Collector.

 

9.        This permit shall remain in force from to....................(both days inclusive).

Granted this ........ days of ..19 .

Seal

Signature and designation of
the officer granting the permit.

Place :

 

(Reverse of the permit in Form 'Poppy-1')

Details of receipts of poppy straws by the permit-holder

 

 

Form "Poppy-2"

(See rule 5)

 

Licence for the possession and sale of poppy straws

 

Licence No............

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act. 1985, and the rules made thereunder to ............ residing at in the district of ......(hereinafter called 'the licence') authorising him to possess and sell poppy straws at his shop and/or warehouse situated at in the district of.......... (hereinafter referred to as 'the shop') during the period from.......... to............ (both days inclusive) on payment of fee of Rs......subject to the following conditions, namely :-

 

Conditions

 

1.        (1) The licensee shall not sell or keep for sale poppy straws at any place other than the shop or a warehouse approved by the authorised officer.

(2) ? The licensee shall not keep in stock at a time more than ............ kilograms of poppy straws.

2.        The licensee shall not sell poppy straws to any person in excess of the quantity which such person is permitted to possess under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, or to transport or export under a pass held by such person.

 

3.        The licensee shall carry on the business of selling poppy straws at the shop either personally or by an agent or servant duly authorised by him in this behalf in writing.

 

4.        (1) The licensee shall keep accounts of poppy straws received, sold and held in stock by him, from time to time, in Form 'Poppy-6'. The accounts shall be plainly and correctly written up in a book bound, paged and sealed with the seal of the Superintendent of Prohibition and Excise concerned.

(2) ? The licensee shall also maintain in Form 'Poppy-7' a register of purchasers of poppy straws wherein he shall enter under his signature, the number and date of licence or permit if any held by the purchaser or of the pass for export inter-State or transport held by him, full name and addresses of purchasers, the date of sale, the quantities of poppy straws sold to them and the purpose for which they are sold. He shall, in cases where no permit or pass is required on the part of the purchaser for the possession, export or transport of the poppy straws purchased by him. obtain in the said register the signature of the purchaser. He shall also enter in the permit of the permit-holder the quantity of poppy straws sold to him. The register shall be duly paged and sealed with the seal of the Superintendent of Prohibition and Excise concerned.

5.        The licensee shall preserve the said accounts, the register of purchasers and passes for not less than one year from the date of the last entry in the account book or the register of purchasers and shall produce them, together with this licence and any poppy straws that may be in his possession at the time, for inspection on demand by the Collector, a Prohibition and Excise Officer not below the rank of a Sub-Inspector or any other officer deputed by the Collector or authorised officer to inspect the same.

 

6.        The licensee shall, if so required by the authorised officer, furnish to the authorised officer such information in connection with the poppy straws received, sold and held in stock by him.

 

7.        The licensee shall, when called upon by any officer authorised to inspect the accounts and stocks of poppy straws under condition 5, give an explanation in writing regarding any irregularities detected at the shop. He shall also allow him to take samples of the poppy straws in the shop for analysis, free of cost.

 

8.        The licensee shall maintain at the shop a visit book, duly paged and stamped with the seal of the Superintendent of Prohibition and Excise in which visiting officers may record their remarks.

 

9.        The licensee, his heirs, legal representatives or assignees shall have no claim, whatsoever, to (he continuance or renewal of the licence after the expiry of the period for which it is granted. It is entirely within the discretion of the Collector or the authorised officer whether to permit or not the assignee or the licensee in case of sale or transfer, or the heir or legal representative of the licensee in case of death, to have the benefit of the licence for the unexpired portion of the term for which it is granted.

 

10.     This licence may be suspended or cancelled in accordance with the provisions of these rules.

 

11.     In case this licence is surrendered, suspended or cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unsold stock of poppy straws to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes, registers and visit books, in original, which he is required to keep and preserve under this licence.

Granted this ...... day of....... 19 .

Place :

Collector /Authorised Officer

 

Form "Poppy-3"

(See rule 7)

 

Pass for Import Inter-State of Poppy Straws (Counterfoil)

(For office use)

 

Serial No...........

Date : .................................... 19....................

 

[1]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to import inter-State poppy straws as stated below:-

(a)      Quantity to be imported.

 

(b)      Place where to be imported.

 

(c)      Place from where to be imported.

 

(d)      Name and address of the person from whom to be imported.

 

(e)      Purpose for which to be imported.

 

(f)       Route by which to be imported.

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. and subject to the following conditions :-

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.................day of.......... 19 .

 

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-3"

(See rule 7)

 

Pass of Import Inter-State of Poppy Straws (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise in-charge of the place of import)

 

Serial No...........

Date : .................................... 19....................

[2]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to import inter-State poppy straws as stated below:-

(a)      Quantity to be imported.

 

(b)      Place where to be imported.

 

(c)      Place from where to be imported.

 

(d)      Name and address of the person from whom to be imported.

 

(e)      Purpose for which to be imported.

 

(f)       Route by which to be imported.

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, and subject to the following conditions :-

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...............day of ........ 19 .

 

Signature and designation of the
officer issuing the pass.

 

Form "Poppy-3"

(See rule 7)

 

Pass of Import Inter-State of Poppy Straws (Triplicate)

(To be forwarded to the Excise Authority of the place of export)

 

Serial No...........

Date : .................................... 19....................

[3]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to import inter-State poppy straws as stated below:-

(a)      Quantity to be imported.

 

(b)      Place where to be imported.

 

(c)      Place from where to be imported.

 

(d)      Name and address of the person from whom to be imported.

 

(e)      Purpose for which to be imported.

 

(f)       Route by which to be imported.

 

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 and subject to the following conditions :-

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including................day of......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy 3"

(See rule 7)

 

Pass for Import Inter-State of Poppy Straws (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No...........

Date : .................................... 19....................

[4]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to import inter-State poppy straws as stated below:-

 

(a)      Quantity to be imported.

 

(b)      Place where to be imported.

 

(c)      Place from where to be imported.

 

(d)      Name and address of the person from whom to be imported.

 

(e)      Purpose for which to be imported.

 

(f)       Route by which to be imported.

 

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, and subject to the following conditions :-

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...............day of......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-4"

(See rule 8)

 

Pass for Export Inter-State of Poppy Straws (Counterfoil)

(for office use)

 

Serial No.............

Date : .................................... 19....................

[5]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to export inter-State poppy straws as stated below:-

 

(a)      (i) Number of packages.

 

(ii) ? Quantity to be exported.

 

(b)      Place from which to be exported.

 

(c)      Place to which to be exported.

 

(d)      Name and address of the persons to whom to be exported.

 

(e)      Route by which to be exported.

 

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules. 1985, and subject to the following conditions

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...............day of ....... 19 .

 

 

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-4"

(See rule 8)

 

Pass for Export Inter-State of Poppy Straws (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place from which poppy straws are to be exported)

 

Serial No.............

Date : .................................... 19....................

[6]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to export inter-State poppy straws as stated below:-

 

(a)      (i) Number of packages.

 

(ii) ? Quantity to be exported.

 

(b)      Place from which to be exported.

 

(c)      Place to which to be exported.

 

(d)      Name and address of the persons to whom to be exported.

 

(e)      Route by which to be exported.

 

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 and subject to the following conditions :-

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.................day of.......... 19 .

 

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-4"

(See rule 8)

 

Pass for Export Inter-State of Poppy Straws (Triplicate)

(To be forwarded to the Excise Authority of the place to which poppy straws are to be exported)

 

Serial No.............

Date : .................................... 19....................

[7]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to export inter-State poppy straws as stated below>

(a)      (i) Number of packages.

 

(ii) ? Quantity to be exported.

 

(b)      Place from which to be exported.

 

(c)      Place to which to be exported.

 

(d)      Name and address of the persons to whom to be exported.

 

(e)      Route by which to be exported.

 

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, and subject to the following conditions :-

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including................day of.......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-4"

 

(See rule 8)

Pass for Export Inter-State of Poppy Straws (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

Serial No.............

 

Date : .................................... 19....................

[8]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to export inter-State poppy straws as stated below: -

 

(a)      (i) Number of packages.

 

(ii) ? Quantity to be exported.

 

(b)      Place from which to be exported.

 

(c)      Place to which to be exported.

 

(d)      Name and address of the persons to whom to be exported.

 

(e)      Route by which to be exported.

 

[9]Name and full address of the exporter.

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, and subject to the following conditions

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...............day of......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-5"

(See rule 10)

 

Pass for Transport of Poppy Straws (Counterfoil)

(For office use)

 

Serial No.............

Date : .................................... 19....................

[10]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to transport by rail/road/post to [..........] from [..............] kilograms grams of poppy straws in packages, by the following route, that is to say,-

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules. 1985. and subject to the following conditions

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including..................day of......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy 5"

(See rule 10)

 

Pass for Transport of Poppy Straws (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise in-charge of the place from which the transport begins)

 

Serial No.............

Date : .................................... 19....................

 

[11]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to transport by rail/road/post [..........] from [..............] kilograms grams of poppy straws in ........packages, by the following route, that is to say,-

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, and subject to the following conditions

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including................day of........... 19 .

Signature and designation of
the officer issuing the pass.

 

 

Form "Poppy 5"

(See rule 10)

 

Pass for Transport of Poppy Straws (Triplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place of destination)

 

Serial No.............

Date : .................................... 19....................

 

[12]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to transport by rail/road/post to[..........] from [..............]kilograms grams of poppy straws in ........ packages, by the following route, that is to say,-

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. and subject to the following conditions :-

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.................day of........... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-5"

(See rule 10)

 

Pass for Transport of Poppy Straws (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No.............

Date : .................................... 19....................

 

[13]Shri Messrs.

.............................. of............................................

 

is/are hereby authorised to transport by rail/road/post to[..........] from [..............]kilograms grams of poppy straws in ........ packages, by the following route, that is to say,-

This pass is granted under and subject to the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. and subject to the following conditions

 

(1)      The packages or consignment of poppy straws shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...............day of.......... 19 .

Signature and designation of
the officer issuing the pass.

 

Form "Poppy-6"

(See rule 15)

 

Account of poppy straws received, sold and held in stock by the licensee

 

Name and address of the licence :-

Name and address of the shop/warehouse :-

No. of the licence

 

 

 

 

Form "Poppy-7"

(See rule 15)

 

Register of purchasers of Poppy Straws

 

Name and address of the licensee :-

Name and address of the shop/warehouse :

Number of the licence :-

 

 

 

Form "Poppy-8"

(See rule 11)

 

Application for removal of poppy straws for export from India by sea

 

To

The Authorised Officer.........................................................

I/We.. ..............of........ propose to export from India the undermentioned consignment of poppy straws to ................ (Port, City, Town and Country of destination) by sea.

 

Description of goods

 

 

2. I/We hereby declare that the above particulars are true and correctly stated.

 

Signature(s) of applicant(s) or
his/their authorised agent(s).

 

1.        Certified that I have examined the consignment described overleaf that the particulars stated in the description are correct, and that after examination I have sealed the packages with my official seal.

Signature of the P. & E. Officer

Place : .....

Date : ......

(Authorised Officer )

 

(On original and duplicate)

Export by sea from India

 

2.        Certified that the seals on the packages were found intact and that I have satisfied myself that the particulars of the consignment are as specified overleaf except for the shortage mentioned below.

 

3.        Certified that the consignment was shipped under my supervision under shipping bill No.........................dated.....................by S. S which left for on the .................. day of...... 19

Signature of Preventive Officer.

Place : .......

Date :.........

Countersigned

Signature of Custom Collector.

 

(On duplicate only)

 

4.        Certified that the goods described overleaf have not been re-landed and are not to be re-landed at any port in India.

Place : .........

Date : .........

Signature of Exporter ..............

 

Form O. P. I

(See rule 16(2)]

 

Licence No.........

 

Licence for the possession of opium for use as an ingredient of any medicine and for the sale of medicine containing opium on prescription

 

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules, regulations and orders made thereunder to Mr..................... of..........(hereinafter called "the licensee") on payment of a licence fee of Rs.........authorising him to buy, transport and possess opium and to use it as an ingredient of any medicine and to sell medicines containing opium in his dispensary situated at ......... in the tahsil of......... in the district/in Greater Bombay, subject to the following conditions, namely

 

Conditions

 

1.        This licence shall remain in force from to (both days inclusive).

 

2.        The licensee shall not obtain opium except from a depot established under rule 24 of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that, the licensee may, in any special case, be permitted to obtain opium from any other place with (he previous approval of the Commissioner of Prohibition and Excise :

 

Provided further that, the licensee may obtain his requirements of medicines containing opium from any licensee who is permitted to sell such medicines under Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or may import the same from any other State in India subject to the provisions of the said rules.

 

3.        ?(1) The licensee shall not purchase, during any quarter commencing from the 1st day of the April, opium exceeding grams and shall not possess at any time in excess of double this quantity :

 

Provided that, where the licensee fails to purchase any quantity of Opium which he is authorised to purchase during a quarter, he shall not be entitled to purchase the same at any time thereafter during the licence period except during the quarter next following.

 

(2) ? The licensee shall get the details of the purchase entered in the Schedule hereto annexed by the Officer-in-charge of the depot before he removes from the depot the opium purchased by him.

4.        The licensee shall not use or sell opium except as an ingredient of any medicine prescribed and dispensed by him for his patients. He shall not dispense any medicine containing opium except under a prescription issued by him and the manner laid down in such prescription.

 

5.        The licensee shall not keep opium and medicines containing opium except at his dispensary.

 

6.        No opium other than (he opium obtained under this licence shall be transported, possessed or used by the licensee.

 

7.        The privileges of purchase, possession and transport of opium granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.

 

8.        ?(1) The licensee shall keep monthly accounts of the quantities of opium purchased and used and of the balance held in stock by him in the form prescribed by rule 39 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Superintendent of Prohibition and Excise. Similar accounts in respect of medicines containing opium prepared, purchased or imported by the licensee shall also be maintained from day to day in such form as may' be prescribed by the State Government.

(2) ? The licensee shall file and preserve for one year the said accounts, passes and the prescriptions, in original in which he has prescribed opium as one of the ingredients of any medicine and shall produce them for inspection, along with the opium held by him in balance, at any time when the Collector or authorised officer calls upon him to do so.

9.        The licence may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case this licence is cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole or the unused stock of opium and of medicine containing opium to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescription in original, which he is required to keep and preserve under this licence.

 

Granted this .......... day of.................. 19..

(Seal)

Collector or Authorised Officer

Place

Schedule

Licence No...........Name of the depot...........................................................

Name of the licensee ......................................................................................

Address:............................. ,........................................

Aggregate quantity of opium allowed to be purchased during each quarter

 

 

Form O. P. II

[See rule 17(2)]

 

Licence No.........

Licence for the possession of opium required on behalf of any institution, or by a manufacturer of medicines, for use as an ingredient of any medicine and for the sale of medicines containing opium

 

Licence is hereby granted under and subject to the provision of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules, regulations and order made thereunder to ................ of........ (hereinafter called "the licensee") in respect of [14].............................. (hereinafter called "the said institution/manufactory/Chemist'j on payment of a licence fee of Rs..........authorising him to buy, transport and possess opium and to use it as an ingredient of any medicine and to sell medicines containing opium at the premises of the said institution/manufactory/Chemist situated at in tahsil of.............. in the district/in Greater Bombay, subject to the following conditions, namely :-

[15]Here specify name of institution or manufactory or Chemist in respect of which opium is required.

 

Conditions

1.        This licence shall remain in force from ........to......(both days inclusive).

 

2.        The licensee shall not obtain opium except from a depot established under rule 24 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that, the licensee may, in any special case, be permitted to obtain opium from any other place with the previous approval of the Commissioner of Prohibition and Excise :

 

Provided further that, the licensee may obtain his requirements of medicines containing opium from any licensee who is permitted to sell such medicines under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or may import the same from any other State in India subject to the provisions of the said rules.

 

3.        (1) The licensee shall not purchase, during any quarter commencing from the 1st day of April, opium exceeding grams and shall not possess it at any time in excess of double this quantity :

 

Provided that, where the licensee fails to purchase any quantity of opium which he is authorised to purchase during any quarter, he shall not be entitled to purchase the same at any time hereafter during the licence period except during the quarter next following.

 

(2) ? The licensee get the details of the purchase entered in the Schedule hereto appended by the Officer-in-charge of the depot, before he removes from the depot, the opium purchased by him.

4.        The licensee shall not use or sell opium except as an ingredient of any medicine. He shall not sell medicine containing opium to any person other than a person holding (i) a licence to sell medicines containing opium or (ii) a prescription issued by a Registered Medical Practitioner in that respect; nor shall he sell such medicines containing opium in a manner different from that laid down in such licence or prescription.

 

5.        The licensee shall not keep opium and medicines containing opium except at the premises of the said institution/manufactory/Chemist.

 

6.        No opium other than the opium obtained under this licence shall be transported, possessed or used by the licensee.

 

7.        The privileges of purchase, possession and transport of opium granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.

 

8.        (1) The licensee shall keep daily accounts of the quantities of opium purchased and used by him in the form prescribed by rule 39 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Superintendent of Prohibition and Excise. Similar accounts in respect of the medicines containing opium prepared, purchased or imported by the licensee shall also be maintained from day to day in such form as may be prescribed by the State Government .

 

(2) ? The licensee shall file and preserve for one year the said accounts, passes and copies of the prescriptions against which he sold the opium as one of the ingredients of any medicine and shall produce them for inspection along with the opium and the medicines containing opium held by him in balance, at any time when the Collector or authorised officer calls upon him to do so.

9.        Except with the permission of the Collector or authorised officer the licensee shall not sell, transfer or sublet the privileges conferred upon him by this licence nor shall he admit any person as his partner in the business or his manufactory.

 

10.     The licence may be suspended or cancelled in accordance with the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

11.     In case this licence is cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee forthwith hand over the whole of the unused stock of opium and of the medicines containing opium to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescriptions in original, which he is required to keep and preserve under this licence.

Granted this ......... day of..... 19

Seal

Collector or Authorised Officer.

Place :

 

Schedule

Licence No..................................................................

Name of the licensee: ......................................................

Address :.............................................................................

Aggregate quantity of opium allowed to be purchased during each quarter.

 

 

Form O. P. IIA

[See rule 18(2)]

 

Licence No .........

 

Licence for possession and sale of medicines containing opium by a dealer

 

Licence is hereby granted under and subject to the provision of the Narcotic Drugs and Psychotropic Substances Act, 1985 and rules, regulations and orders made thereunder to ................. of......... (hereinafter called "the licensee") on payment of licence fee of Rs............. authorising him to buy, transport, possess and sell medicines containing opium at his premises situated at ............ in the tahsil of ........ in the ...........district/in Greater Bombay subject to the following conditions, namely

 

Conditions

 

1.        This licence shall remain in force from to .:............. (both days inclusive).

 

2.        The licensee shall not obtain medicines containing opium except as permitted under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

3.        The licensee shall not sell medicines containing opium to any person other than a person holding (i) a licence in Form O. P. I or O. P. II or O. P. IIA or (ii) a prescription issued by a registered medical practitioner in that respect; nor shall he sell such medicines in a manner different from that laid down in such licence or prescription.

 

4.        The licensee shall not keep medicines containing opium except at the abovesaid premises.

 

5.        No medicines containing opium other than those obtained under this licence shall be transported, possessed or sold by the licensee.

 

6.        The licensee shall keep daily accounts of the quantities of medicines containing opium purchased and sold by him in Form G. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Superintendent of Prohibition and Excise.

 

7.        The licensee shall file and preserve for one year the said accounts, passes and copies of the prescriptions against which he sold medicines containing opium and shall produce them for inspection along with the stock of medicines containing opium held by him in balance at any time when the Collector or authorised officer or any other officer duly empowered in this behalf calls upon him to do so.

 

8.        Except with the permission of the Collector or authorised officer the licensee shall not sell, transfer or sublet the privileges conferred upon him by this licence nor shall he admit any person as his partner in the business of his licence.

 

9.        The licence may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case this licence is cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of medicines containing opium to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescriptions in original which he is required to keep and preserve under this licence.

 

Granted this ............ day of.........19 ..

Seal

Collector or Authorised Officer.

 

Form O. P. III

[See rule 20(2)]

 

Permit No.............

Permit for the possession of opium for personal consumption in the State of Maharashtra

 

(A)
(1) Permit-holder's name......
(2) Father's/Husband name .........
(3) Religion or caste .......
(4) Apparent age ......
(5) Address in full .....
(6) Occupation
(B) Purpose for which the permit is granted.
	For eating opium,
(C) Reference to medical certificate -
(1) Name and address of the Medical Board which granted the certificates.
(2) Date of certificate,
(3) Drug recommended.
(4) Quantity recommended per month.
(5) Personal identification marks of the permit holder as verified by the Medical Board.	1 2 3

 

This permit is granted under and subject to the provisions of Narcotic Drugs and Psychotropic Substances Act. 1985 and the rules, regulations and orders made thereunder to of (hereinafter referred to as 'the permit-holder') on payment of a fee of Rs.......authorising him to buy, possess, transport and consume opium subject to the following conditions:-

 

Conditions

 

1.        This permit shall remain in force from..........to.......(both days inclusive).

 

2.        The permit-holder shall as soon as possible present this permit before the local Inspector or Sub-Inspector of Prohibition and Excise for his countersignature and in any case not later than one month from the receipt of this permit.

 

3.        (1) The permit-holder shall not purchase during any one month opium exceeding 5 grams :

 

Provided that, this quantity may be reduced during the currency of the permit in accordance with the provision in Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

(2) ? The permit holder shall not possess at any one time more than 5 grams of opium.

4.        ?(1) The permit holder shall not obtain his supplies of opium from any place except from a depot established under rule 24 of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

(2) ? The permit holder shall get the details of the purchase entered on the reverse of the permit by the Officer-in-charge of the depot, before he removes from the depot the opium purchased by him.

(3) ? No opium other than opium obtained under this permit shall be transported, possessed or consumed by the permit holder.

5.        The opium purchased under this permit shall neither be used by any person other than the permit holder nor shall it be used for any purpose other than the purpose for which this permit is granted.

 

6.        The privileges of purchase, transport, and possession of opium granted under this permit shall extend only so far as they are incidental to its consumption in accordance with this permit.

 

7.        The permit shall be non-transferable and may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

8.        In case the permit is cancelled during its currency or is not renewed on its expiry, the whole of the unconsumed stock of opium shall forthwith be surrendered to the Collector or authorised officer*

 

Granted this ......... day of..... 19 .

Seal

Collector or Authorised Officer

Signature or left hand thumb
impression of the permit holder.

Countersigned.
Inspector/Sub-Inspector of
Prohibition and Excise.
Dated                                

 

(Reverse of the Permit)

Details of purchase of opium made by the permit-holder from to ......

 

 

Form O. P. IV

[See rule 21(2)]

 

Permit No......

Permit for the possession of opium to be used for administering it to cattle or domestic animals on medical grounds

 

Permit is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules, regulations and orders made thereunder, to..............of (hereinafter referred to as "the permit holder") on payment of a fee of Rs.................authorising him to buy. transport, possess and use opium for its administration to his cattle/domestic animals specified in the Schedule hereto annexed on medical grounds at his place situated at in the tahsil of in the district of............../Greater Bombay, subject to the following conditions, namely :-

 

Conditions

 

1.        This "permit will remain in force from .......... to ....... (both days inclusive).

 

2.        The privileges of purchase, transport and possession of opium granted under this permit shall extend only so far as they are incidental to its use in accordance with the conditions of the permit.

 

3.        The permit holder shall not possess opium in excess of.................grams at any one time. He shall not keep opium at any place other than the one specified above. The opium shall be kept in a box securely locked, the keys of which shall be kept in his custody.

 

4.        The permit holder shall not during the currency of this permit purchase opium exceeding......... grams :

 

Provided that, this quantity may be reduced during the currency of the permit as the Collector or the authorised officer deems it necessary.

 

5.        ?(1) The permit holder shall not obtain his supplies of opium from any place except from a depot established under rule 24 of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that, the permit holder may, in any special case, be permitted to obtain opium from any other place with the previous approval of the Commissioner of Prohibition and Excise.

(2) ? The permit holder shall get the details of the purchase entered on the reverse of the permit by the Officer-in-charge of the depot, before he removes from the depot the opium purchased by him.

(3) ? No opium other than opium obtained under this permit shall be transported, possessed or consumed by the permit holder.

6.        The opium purchased under this permit shall be used by the permit holder solely for administering it to the cat tie/domestic animals of the permit holder in accordance with the recommendation of the Veterinary Surgeon or Assistant Veterinary Surgeon.

 

7.        The permit holder shall immediately intimate to the Collector or the authorised officer the reduction, if any, in the number of his cattle/ domestic animals requiring administration of opium and get quota of opium in his permit reduced accordingly.

 

8.        The permit holder shall surrender the permit and the unused stock of opium to the Officer-in-charge of the depot specified on the reverse of this permit, in case the cattle/domestic animals requiring the administration of opium no longer require it or cease to exists, as the case may be.

 

9.        The permit shall be non-transferable and may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case the permit is suspended or cancelled during its currency is not renewed on its expiry, the whole of the unused stock of opium shall be forthwith surrendered to the Officer-in-charge of the depot from which the opium purchased under clause (1) of condition 5.

 

Granted this .......... day of........... 19 .

Seal

Collector/Authorised Officer.

 

Schedule

(Here specify cattle/domestic animals)

 

(Reverse of the Permit in Form O. P. IV)

 

Details of purchases of opium made by the permit-holder from..............to ........ from the depot at......................

 

 

Form A

[See rule 28(2)]

 

Pass for Import Inter-State of Medicine (s) containing Opium (Counterfoil)

(For office use)

 

Serial No.................

Date : 19

Mr./Messrs. [16]............................... Is/are hereby authorised to import inter-State the undermentioned medicine (s) containing opium from Mr./Messrs. [................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.............. 19..........

Signature and designation of the
officer issuing the pass.

 

Form A

[See rule 28(1)]

 

Pass for Import Inter-State of Medicine (s) containing Opium (Duplicate)

To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise in-charge of the place of import

 

Serial No............

Date : ..................................... 19

Mr./Messrs.[17].............................. is/are hereby authorised to import inter-State the undermentioned medicine (s) containing opium from Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including......... 19.....

Signature and designation of the
officer issuing the pass.

 

Form A

[See rule 28(2)]

 

Pass for Import Inter-State of Medicine (s) containing Opium (Triplicate)

(To be forwarded to the Excise Authority of the place of export)

 

Serial No.

Date : 19 .

Mr./Messrs.[18] .............................. is/are hereby authorised to import inter-State the undermentioned medicine (s) containing opium from Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19 ...

Signature and designation of
the officer issuing the pass.

 

Form A

[See rule 28(2)]

 

Pass for Import Inter-State of Medicine (s) containing Opium(Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No........................................

Date 19

Mr./Messrs.[19].................. is/are hereby authorised to import inter-State the undermentioned medicine (s) containing opium from Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      This consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including........ 19......

Signature and designation of
the officer issuing the pass.

 

 

Form B

[See rule 29(2)]

 

Pass for Export Inter-State of Medicine (s) containing Opium (Counterfoil)

(For office use)

 

Serial No. ...............

Date : 19

Mr./Messrs.[20]................. is/are hereby authorised to export inter-State the undermentioned medicine (s) containing opium from Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including............ 19...

(Seal)

Signature and designation of
the officer issuing the pass.

 

Form B

[See rule 29(2)]

 

Pass for Export Inter-State of Medicine (s) containing Opium (Duplicate)

 

Serial No

Date : 19

Mr./Messrs.[21]................ is/are hereby authorised to 'export inter-State the undermentioned medicine (s) containing opium to Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including...........19

 

(Seal)

Signature and designation of
the officer issuing the pass.

 

Form B

[See rule 29(2)]

 

Pass for Export Inter-State of Medicine (s) containing Opium (Triplicate)

(To be forwarded to the Excise Authority of the place of import)

Serial No............

Date : ........................................ 19

Mr./Messrs.[22] ............................ is/are hereby authorised to export inter-State the undermentioned medicine (s) containing opium to Mr. /Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act. 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.............19.......

Signature and designation of the
officer issuing the pass.

(Seal)

 

Form B

[See rule 29(2)]

 

Pass for Export Inter-State of Medicine (s) containing Opium (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No.........................................

Date : 19

Mr./Messrs.[23] ............................ is/are hereby authorised to export inter-State the undermentioned medicine (s) containing opium to Mr./Messrs.[................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including........... 19

(Seal)

Signature and designation of the
officer issuing the pass.

 

Form C

[See rule 30(3)]

 

Pass for Transport of Opium/Medicine (s) containing Opium (Counterfoil)

(For office use)

 

Serial No.............................................

Date : 19

Mr./Messrs.[24].............................is/are hereby authorised to transport to [..............] from [...........] the undermentioned drugs:-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.......... 19.....

Seal ......

Signature and designation of the
officer issuing the pass.

Form C

[See rule 30(3)]

 

Pass for Transport of Opium/Medicine (s) containing Opium (Duplicate)

 

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place of transport)

Serial No.............................

Date:.19.

Mr./Messrs.[26]............................... is/are hereby authorised to transport to[..............] from [...........]the undermentioned drugs :-

This pass is granted under and subject to the provisions of the Narcotic

 

 

Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19

 

Signature and designation of
the Officer issuing the pass.

(Seal)

 

Form C

[See rule 30(3)]

 

Pass for Transport of Opium/Medicine (s) containing Opium (Triplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place of destination)

 

Serial No............

Date : ....................................... 19

Mr./Messrs.[28]..............................is/are hereby authorised to transport to[..............] from [...........]the undermentioned drugs :-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19.............

 

 

Signature and designation of
the Officer issuing the pass.

 

Form C

[See rule 30(3)]

 

Pass for Transport of Opium/Medicine (s) containing Opium (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No........................................

Date : ......... 19

Mr./Messrs.[30]............................. is/are hereby authorised to transport to [..............] from [..........] the undermentioned drugs :-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19 .............

(Seal)

Signature and designation of the
Officer issuing the pass.

 

 

Form D

[See rule 37(ii)]

 

Form of Authority

 

I hereby appoint......... to buy. possess and transport opium on my behalf on my permit No...........

 

Identification marks of the agent

 

1...............

2..............

Signature or thumb-impression of the agent

Signature or thumb-impression of
the person giving the authority

Signature or thumb-impression of
the agent taken in the presence of
the Collector or the authorised
officer to grant the permit.

Approved.                                        
Signature of the Collector or the
officer authorised to grant the permit

                Seal

Place : ....

Date : .....

 

Form E

(See rule 39)

 

 

Register of accounts of opium possessed and used during the month of 19

 

 

 

Form F

(See rule 39)

 

 

Register of accounts of opium possessed and used during the month of 19

 

 

 

Form G

(See rule 19)

 

 

Register of daily accounts of medicines containing opium purchased and sold during the month of................... 19

 

 

 

Form B-I

[See rule 40(2)]

Licence No........

 

Licence for the possession of ganja by a registered medical practitioner for use as an ingredient of any medicine and for the sale of medicines containing ganja on prescription

 

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the rules, regulations and orders made thereunder Shri/Shrimati/Kumari................. (hereinafter called the "licensee") on payment of licence fee of Rs........... authorising him to buy, transport and possess ganja and to use it as an ingredient of any medicine, and to sell medicines containing ganja in his dispensary situated at................in the tahsil of.............. in the District/Greater Bombay subject to the following conditions, namely

 

Conditions

 

1.        This licence shall remain in force from.........to (both days inclusive).

 

2.        The licensee shall not obtain ganja except from a depot established under rule 48 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that, the licensee may, in any special case, be permitted to obtain ganja from any other place with the previous approval of the Commissioner of Prohibition and Excise :

 

Provided further that, the licensee may obtain his requirements of medicines containing ganja from any licensee who is permitted to sell such medicines under Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or may import the same from any other State in India in accordance with the rules made in that behalf.

 

3.        ?(1) The licensee shall not purchase, during any quarter commencing from the 1st day of April, ganja exceeding grams and shall not possess it at any time in excess of double the quantity of such drug permitted to be purchased during a quarter :

 

Provided that, where the licensee fails to purchase any quantity of ganja which he is authorised to purchase during a quarter he shall not be entitled to purchase the same at any time thereafter during the licence period except during the quarter next following.

(2) ? The licensee shall get the details of the purchase entered in the Schedule hereto appended by the Officer-in-charge of the Depot before he removes from the Depot ganja purchased by him.

4.        The licensee shall not use or sell ganja except as an ingredient of any medicine prescribed and dispensed by him for his patients. He shall not dispense any medicine containing ganja except under a prescription issued by him and in the manner laid down in such prescription.

 

5.        The licensee shall not keep ganja and medicines containing ganja except at his dispensary.

 

6.        No ganja other than the ganja obtained under this licence shall be transported, possessed or used by the licensee.

 

7.        The privileges of purchase, possession and transport of ganja granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.

 

8.        (i) The licensee shall keep monthly accounts of the quantities of ganja purchased and used and of the balance held in stock by him in the form prescribed by rule 63 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. The accounts shall be plainly and correctly written up in a bound book paged and stamped with the seal of the Superintendent of Prohibition and Excise. Similar accounts in respect of medicines containing ganja prepared, purchased or imported by the licensee shall be maintained from day to day in such form as may be prescribed by the State Government.

(ii) ? The licensee shall file and preserve for one year the said accounts, passes and the prescriptions in original in which he has prescribed ganja as an ingredient of any medicine and shall produce them for inspection, along with the ganja held by him in balance, at any time when the Collector or any other authorised officer duly empowered in this behalf calls upon him to do so.

9.        The licence may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case this licence is surrendered, suspended or cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over all the unused stock of ganja and of medicines containing ganja or bhang or both to the Collector or authorised officer and the licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescriptions in original which he is required to keep and preserve under this licence.

 

Granted this .............. day of......... 19

Place. : .......

(Signed) .............
Collector/Authorised Officer.

 

Schedule

 

Licence No...............                    Name of the depot...........

Name of licensee .........

Address ...........

Aggregate quantity of the drug allowed to be purchased during each quarter -

Ganja........................................Grams

 

 

Form B-II

[See rule 41 (2)]

 

Licence No..........

 

Licence for the possession of ganja required by a person on behalf of any institution or by a manufacturer of medicines for use as an ingredient of any medicines and for the sale of medicines containing ganja

 

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the rules, regulations and orders made thereunder to ........................ of..............(hereinafter called "the licensee") on payment of licence fee of Rs..........authorising him to buy, transport and possess ganja and to use it as an ingredient of any medicine and to sell medicines containing ganja in the premises situated at .................. in the tahsil of ........... in the............District/in Greater Bombay, subject to the following conditions, namely :-

 

Conditions

 

1.        This licence shall remain in force from..........to.......(both days inclusive).

 

2.        The licensee shall not obtain ganja except from a depot established under rule 48 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that, the licensee may, in any special case, be permitted to obtain ganja from any other place with the previous approval of the Commissioner of Prohibition and Excise :

 

Provided further that, the licensee may obtain his requirements of medicines containing ganja from any licensee who is permitted to sell such medicines under Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, or may import the same from any other State in India in accordance with the rules made in that behalf.

 

3.        (1) The licensee shall not purchase, during any quarter commencing from the 1st day of April, ganja exceeding grams and shall not possess it at any time in excess of double the quantity of such drug permitted to be purchased during a quarter :

 

Provided that, where the licensee fails to purchase any quantity of ganja which he is authorised to purchase during the quarter, he shall not be entitled to purchase the same at any time thereafter during the licence period except during the quarter next following.

(2) ? The licensee shall get the details of the purchase entered in the Schedule hereto appended, by the Officer-in-charge of the depot, before he removes from the depot the ganja purchased by him.

4.        The licensee shall not use or sell ganja except as an ingredient of any medicine. He shall not sell medicines containing ganja to any person other than a person holding; (i) a licence to sell medicines containing ganja; (ii) a prescription issued by registered medical practitioner in that respect nor shall he sell such medicines containing ganja in a manner different from that laid down in such licence or prescription.

 

5.        The licensee shall not keep ganja and medicines containing ganja except at the licence premises.

 

6.        No ganja other than the ganja obtained under this licence shall be transported, possessed or used by the licensee.

 

7.        The privileges of purchase, of possession and transport of ganja granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.

 

8.        (1) The licensee shall keep daily accounts of the quantities of ganja purchased and used by him in the form prescribed by rule 63 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Superintendent of Prohibition and Excise. Similar accounts in respect of medicines containing ganja prepared, purchased or imported by the licensee shall be maintained from day to day in such form as may be prescribed by the State Government.

(2) ? The licensee shall file and preserve for one year the said accounts, passes and copies of the prescriptions against which he sold the ganja as an ingredient of any medicine and shall produce them for inspection, along with them the ganja and the medicine containing ganja held by him in the balance, at any time when the Collector or any other officer duly empowered in this behalf calls upon him to do so.

9.        Except with the permission of the Collector or authorised officer the licensee shall not sell, transfer or subject the privileges conferred upon him by this licence nor shall he admit any person as the partner in the business of his manufactory.

 

10.     This licence may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

11.     In case, this licence is surrendered, suspended or cancelled during the currency of period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of ganja and of the medicines containing ganja or bhang or both to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescriptions in original which he is required to keep and preserve under this licence.

 

 

Granted this............... day of ....... 19 .

Seal

Place : .........

(Signed) ......................
Collector/Authorised Officer.

 

Schedule

 

Licence No...............                    Name of the depot...........

Name of Licensee .........

Address ............

Aggregate quantity of the drug allowed to be purchased during each quarter -

Ganja ..................... Grams

 

TABLE END

 

Form B-IIA

[See rule 42(2)]

 

Licence No...........

 

Licence for the possession and sale of medicines containing ganja by a dealer

 

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the rules, regulations and orders made thereunder to ........................... of................(hereinafter called "the licensee") on payment of licence fee of Rs.............authorising him to buy, transport, possess and sell medicines containing ganja or bhang or both at his premises situated at ...................... in the tahsil of............in the..............District/in Greater Bombay, subject to the following conditions, namely

 

Conditions

 

1.        This licence shall remain in force from.............to........ (both days inclusive).

 

2.        The licensee shall not obtain medicines containing ganja or bhang or both except as permitted under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

3.        The licensee shall not sell medicines containing ganja to any person other than a person holding (i) a licence in Form B-I or B-II or B-IIA or (ii) a prescription issued by a registered medical practitioner in that respect, nor shall he sell such medicines in a manner different from that laid down in such licence or prescription.

 

4.        The licensee shall not keep medicines containing ganja except at the abovesaid premises.

 

5.        No medicines containing ganja other than those obtained under this licence shall be transported, possessed or sold by the licensee.

 

6.        The licensee shall keep daily accounts of the quantities of medicines containing ganja purchased and sold by him in Form N. The accounts shall be plainly and correctly written up in a bound book paged and stamped with the seal of the Superintendent of Prohibition and Excise.

 

7.        The licensee shall file and preserve for one year the said accounts, passes and copies of the prescriptions against which he sold medicines containing ganja and shall produce them for inspection along with the stock of medicines containing ganja held by him in the balance at any time when the Collector or any other officer duly empowered in this behalf calls upon him to do so.

 

8.        Except with the permission of the Collector or authorised officer the licensee shall not sell, transfer or sublet the privileges conferred upon him by this licence nor shall he admit any person as his partner in the business of his licence.

 

9.        This licence may be suspended or cancelled in accordance with the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case this licence is cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of the medicines containing ganja to the Collector or authorised officer. The licensee shall also hand over to the Collector or authorised officer all accounts, passes and prescriptions in original which he is required to keep and preserve under this licence.

 

Granted this .............. day of.......... 19 .

Seal

Collector/Authorised Officer.

 

Form B-III

[See rule 44(2)]

 

Permit No........

 

Permit for possession of ganja for personal consumption in the State of Maharashtra

 

(A)
(1) Permit-holder's name......
(2) Father's/Husband name .........
(3) Religion or caste .......
(4) Apparent age ......
(5) Address in full .....
(6) Occupation
(B) Reference to medical certificate -
(1) Name and address of the Medical Board which granted the certificates.
(2) Date of certificate,
(3) Drug recommended.
(4) Quantity recommended per month.
(5) Personal identification marks of the permit holder as verified by the Medical Board.	1 2 3

 

This permit is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules, regulations and orders made thereunder to ...............of...............(hereinafter referred to as 'the permit-holder'). on payment of a fee of Rs..................authorising him to possess, transport and consume opium subject to the following conditions

 

Conditions

 

1.        This permit shall remain in force from..........to....... (both days inclusive).

 

2.        The permit-holder shall as soon as possible present this permit before the local Inspector or Sub-Inspector of Prohibition and Excise for his counter-signature and in any case not later than one month from the receipt of this permit.

 

3.        (1) The permit-holder shall not purchase during any one month ganja exceeding grams provided that this quantity may be reduced during the currency of the permit in accordance with the provisions of these rules.

(2) ? The permit-holder shall not possess at any one time more than 20 grams of ganja.

4.        (1) The permit-holder shall not obtain his supplies of ganja from any place except from a depot established under rule 48 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

(2) ? The permit-holder shall get the details of the purchase entered on the reverse of the permit by the Officer-in-charge of the depot, before he removes from the depot the ganja purchased by him.

(3) ? No ganja other than ganja obtained under this permit shall be transported, possessed or consumed by the permit-holder.

5.        The ganja purchased under this permit shall be used solely for the personal consumption of the permit-holder.

 

6.        The privileges of purchase, transport and possession of ganja granted under this permit shall extend only so far as they are incidental to its consumption in accordance with his permit.

 

7.        The permit shall be non-transferable and may be suspended or cancelled in accordance with the provisions of Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

8.        In case the permit is cancelled during its currency or is not renewed on its expiry, the whole of the unconsumed stock of ganja/bhang shall forthwith be surrendered to the Collector or authorised officer.

 

Granted this ........ day of 19 .

Signature or left hand thumb
impression of the permit holder.

Signature and designation of
authority granting the permit.

Countersigned.

Seal

Inspector/Sub-Inspector of
Prohibition and Excise.

Dated

 

(Reverse of the Permit)

Details of purchases of ganja made by the permit-holder from..... to ...........

 

 

Form B-IV

[See rule 45(2)]

 

Permit No..........

 

Permit for the possession of ganja to be used for administering it to the cattle or domestic animals on medical grounds

 

Permit is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the rules, regulations and orders made thereunder to .......................... of.............. (hereinafter referred to as "the permit-holder") on payment of a fee of Rs...........authorising him to buy, transport, possess and use ganja for its administration to his cattle/domestic animals specified in the Schedule hereto annexed on medical grounds at his place situated in the tahsil of.............in the district of ..... /in Greater Bombay, subject to the following conditions :-

 

Conditions

 

1.        This permit will remain in force from............ to.......... (both days inclusive).

 

2.        The privileges of purchase, transport and possession of ganja granted under this permit shall extend only so far as they are incidental to its use in accordance with the conditions of this permit.

 

3.        The permit-holder shall not possess ganja in excess of.... grams, at any one time. He shall not keep ganja at any place other than the one specified above. The ganja shall be kept in a box securely locked, the key of which shall be kept in his custody.

 

4.        The permit-holder shall not during the currency of this permit purchase ganja exceeding ...............grams provided that this quantity may be reduced during the currency of the permit if the Collector or the authorised officer deems it necessary.

 

5.        (1) The permit-holder shall not obtain his supplies of ganja from any place except from a depot established under rule 48 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 :

 

Provided that/the permit-holder may in any special case, be permitted to obtain ganja from any other place with the previous approval of the Commissioner of Prohibition and Excise.

(2) ? The permit-holder shall get the details of the purchase entered on the reverse of the permit by the Officer-in-charge of the Depot, before he removes from the Depot ganja purchased by him.

(3) ? No ganja other than the ganja obtained under this permit shall be transported, possessed or used by the permit-holder.

6.        The ganja purchased under this permit shall be used by the permit-holder solely for administering it to his cattle/domestic animals in accordance with the recommendation of the Veterinary Surgeon or Assistant Veterinary Surgeon.

 

7.        The permit-holder shall immediately intimate to the Collector or authorised officer the reduction, if any, in the number of his cattle/ domestic animals requiring administration of ganja and get the quota of ganja in his permit reduced accordingly.

 

8.        The permit-holder shall surrender the permit and the unused stock of ganja to the Officer-in-charge of the depot specified on the reverse of this permit in case the cattle/domestic animals requiring the administration of ganja no longer require it or cease to exist, as the case may be.

 

9.        The permit will be non-transferable and may be suspended or cancelled in accordance with the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985.

 

10.     In case the permit is suspended or cancelled during its currency or is not renewed on its expiry, the whole of the unused stock of ganja shall forthwith be surrendered to the Officer-in-charge of the Depot specified on the reverse of this permit.

 

Granted this .......... day of..... 19 .

Seal

Signature and designation of
authority granting the permit.

 

Schedule

(Here specify cattle/domestic animals)

(Reverse of the permit in Form B-IV)

 

Details of purchase of ganja made by the permit-holder from..........to........... from the depot at ................

 

 

Form H

[See rule 54(3)]

 

Pass for the Transport of Ganja/Medicine (s) containing Ganja (Counterfoil)

(For office use)

 

Serial No....................................

Date : 19

Mr./Messrs.[32] is/are hereby authorised to transport ............................... to ,[.........................] from Mr./Messrs. [...................] the undermentioned drugs

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including ........... 19

 

 

Seal

Signature and designation of
the Officer issuing the pass.

 

Form H

[See rule 54(3)]

 

Pass for Transport of Ganja/Medicine (s) containing Ganja (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise in-charge of the place of transport)

 

Serial No

Date : 19

Mr./Messrs.[33]........................... is/are hereby authorised to transport ......... to,[.........................] from Mr./Messrs. [...................] the undermentioned drugs :-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass remain in force upto and including.............. 19..............

Seal

Signature and designation of
the officer issuing the pass.

 

Form H

[See rule 54(3)]

 

Pass for Transport of Ganja/Medicine (s) containing Ganja (Triplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise at place of destination)

 

Serial No............

Date : 19

Mr./Messrs.[34]............................is/are hereby authorised to transport ......... to,[.........................] from Mr./Messrs. [...................] the undermentioned drugs :-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19 ..........

Seal

Signature and designation of
the Officer issuing the pass.

 

Form H

[See rule 54(3)]

 

Pass for Transport of Ganja/Medicine (s) containing Ganja (guadruplicate)

 

(To be handed over to the applicant to accompany the consignment))

Serial No...............................................

Date: 19

Mr./Messrs.[35] ........is/are hereby authorised to transport ......... to,[.........................] from Mr./Messrs. [...................]the undermentioned drugs

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass remain in force upto and including............... 19..........

Seal

Signature and designation of
the Officer issuing the pass.

 

Form I

[See rule 52(2)]

 

Pass for Import Inter-State of Medicine (s) containing Ganja (Counterfoil)

(For office use)

 

Serial No. .............................................

Date:..............19

Mr./Messrs.[36]............................................. is/are hereby authorised to import the undermentioned medicine (s) containing ganja from Mr./Messrs.[ ...................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including............. 19

Seal

Signature and designation of
the Officer issuing the pass.

 

Form I

[See rule 52(2)]

 

Pass for Import Inter-State of Medicine (s) containing Ganja (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place of export)

 

Serial No

Date : .19

Mr./Messrs.[37] ........................................... is/are hereby authorised to import the undermentioned medicine (s) containing ganja from Mr./Messrs.[....................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19..............

Seal

Signature and designation of
the Officer issuing the pass.

 

 

Form I

[See rule 52(2)]

 

Pass for Import Inter-State of Medicine (s) containing Ganja (Triplicate)

(To be forwarded to the Excise Authority at the place of export)

 

Serial No............

Date : .... 19..

Mr./Messrs [38]................................is/are hereby authorised to import the undermentioned medicine (s) containing Ganja from Mr./ Messrs. [..................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      This consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including 19 ....

Seal

Signature and designation of
the Officer issuing the pass.

 

Form I

[See rule 52(2)]

 

Pass for Import Inter-State of Medicine (s) containing Ganja (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No

Date : 19

Mr./Messrs.[39].............................is/are hereby authorised to import the undermentioned medicine (s) containing Ganja from Mr./ Messrs.[.................................................................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.............................................................. 19..

Seal

Signature and designation of
the Officer issuing the pass.

 

Form J

[See rule 53(2)]

 

Pass for Export Inter-State of Medicine (s) containing Ganja (Counterfoil)

(For office use)

 

Serial No..........................

Date : 19

Mr./Messrs.[40].............................................. is/are hereby authorised to export the undermentioned medicine (s) containing Ganja to Mr./Messrs.[.................................................................] :-

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including........ 19.....

Seal

Signature and designation of the
Officer issuing the pass.

 

Form J

[See rule 53(2)]

 

Pass for Export Inter-State of Medicine (s) containing Ganja (Duplicate)

(To be forwarded to the Inspector or Sub-Inspector of Prohibition and Excise of the place of export)

 

Serial No................

Date : 19

Mr./Messrs.[41]............................. is/are hereby authorised to export the undermentioned medicine (s) containing Ganja to Mr./Messrs.[.................................................................] :-

 

 

This pass is granted under and subject to the provisions of Narcotic

Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including........19......

Seal

Signature and designation of
the Officer issuing the pass.

 

Form J

[See rule 53(2)]

 

Pass for Export Inter-State of Medicine (s) containing Ganja s(Triplicate)

(To be forwarded to the Excise Authority at the place of import)

 

Serial No................................................

Date : ...19

Mr./Messrs.[42]................................. is/are hereby authorised to export the undermentioned medicine (s) coniaining Ganja to Mr./Messrs.[.................................................................]

 

 

Psychotropic Substances Act. 19S5 and the rules made thereunder and subject to the following conditions

 

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including.........19........

 

Seal

Signature and designation of
the Officer issuing the pass.

 

Form J

[See rule 53(2)]

 

Pass for Export Inter-State of Medicine (s) containing Ganja (Quadruplicate)

(To be handed over to the applicant to accompany the consignment)

 

Serial No........................................

Date : ..;....19

Mr./'Messrs.[43]....................is/are hereby authorised to export the undermentioned medicine (s) containing Ganja to Mr./Messrs.[.................................................................]

 

 

This pass is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder and subject to the following conditions :-

(1)      The consignment shall not be broken in transit.

 

(2)      This pass shall remain in force upto and including .......... 19 ....

Seal

Signature and designation of
the Officer issuing the pass.

 

Form K

[See rule 61(ii)]

 

Form of Authority

 

I hereby appoint to buy, possess and transport ganja on my behalf on my permit No.........

Identification marks of the agent

Signature or thumb-impression of the agent

Signature or thumb-impression of
the person giving the authority

Signature or thumb-impression of
the agent taken in the presence of the Collector
or the officer authorised to grant the permit.

Approved.                                     

Signature of the Collector or
Authorised Officer

Seal
Place
Date :

 

Form L

[See rule 63(1)]

 

Name of licensee ..............

Licence No. ............

 

Register of Account of Ganja possessed and used during the month of ........... 19

 

 

 

Form M

[See rule 63(2)]

 

Name of licensee..........

Licence No. .......

 

Register of Accounts of Ganja possessed and used during the month of ............ 19 .

 

 

 

Form N

(See rule 43)

 

Name of the Licensee .........

Licence No.........

 

Register of Daily Accounts of Medicines containing Ganja purchased and sold during the month of 19........

 

 

 

Form P

(See rule 64)

Form of Licence

Licence for the manufacture of Medicinal Opium

 

District :

Number of licence :

Name and description of the licensee :

His residence :

His place of business with boundaries :

The person described above, and hereinafter called the licensee is hereby authorised by the Commissioner of Prohibition and Excise, Maharashtra State, Bombay to manufacture medicinal opium, from.............. to .....subject to the following conditions

 

Conditions

 

(1)     The licence is granted on payment of Rs. one thousand to the licensee personally and is not transferable.

 

(2)     The licensee shall comply with all the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and rules framed thereunder.

 

(3)     The licensee shall intimate to the Commissioner of Prohibition and Excise, Maharashtra State, Bombay particulars of the employment or change of his agent (servants, etc.) and pay a fee of rupees ten per annum per person. The licensee shall be responsible for the acts and omission of every person employed by him in carrying on his business and of all his servants, as if the said acts and ommissions were his own.

 

(4)     The licensee shall not manufacture Medicinal Opium save from materials which he is lawfully entitled to possess.

 

(5)     The licensee shall not manufacture Medicinal Opium or keep the materials used for the manufacture of Medicinal Opium at any place except his place of manufacture approved for the purpose.

 

(6)     The licensee shall not possess or sell the Medicinal Opium otherwise than in accordance with the rules made by the State Government under the Narcotic Drugs and Psychotropic Substances Act, 1985.

 

(7)     The licensee shall not consume or permit any person under his control or authority to consume the Medicinal Opium at the place of manufacture.

 

(8)     The licensee shall maintain true accounts of all transactions in the annexed forms, bound in books, paged and sealed with the seal of the Commissioner of Prohibition and Excise, Maharashtra State, Bombay. Entries in the accounts shall be made on I he day on which transactions take place. The accounts shall be preserved for not less than two years from the date of the last entry in the accounts. The licensee shall furnish such information as the Commissioner of Prohibition and Excise, Maharashtra State, Bombay, may require from time to time. In case of suspension or cancellation of the licence, the accounts shall be handed over to the Commissioner of Prohibition and Excise or to the Prohibition and Excise Officer of the place.

 

Forms

I. Accounts of the opium used for the manufacture of Medicinal Opium

 

 

II. Account of the Medicinal Opium manufactured

 

 

 

(9)     The licensee shall when required by the Commissioner of Prohibition and Excise or any other officer duly authorised by him, deliver up his licence for amendment or for the issue of a fresh licence.

 

(10)   Stocks of the Medicinal Opium or the materials used for its manufacture and all accounts and records of transactions under this licence shall be open to inspection by an officer specially or generally authorised by the Commissioner of Prohibition and Excise.

 

(11)   An inspection note book, with pages sealed and numbered consecutively. shall be maintained for the use of the Inspecting Officers and preserved in good condition. It shall be handed over to a Prohibition and Excise Officer on demand on a receipt being given therefor, or to the Commissioner of Prohibition and Excise at the end of the period for which the licence is in force.

 

(12)   In case of breach of any of the conditions of this licence, the Commissioner of Prohibition and Excise, may cancel or suspend the licence or in lieu thereof impose a penalty not exceeding ten thousand rupees.

 

(13)   The imposition of a penalty or the cancellation or suspension of this licence under the foregoing condition shall not operate as a bar to prosecution for any offence which may have been committed under the Narcotic Drugs and Psychotropic Substances Act, 1985.

 

(14)   If the licensee has in his possession on the expiry, cancellation, or suspension of this licence, any stock of the drug he shall deliver it up to the Commissioner of Prohibition and Excise.

 

(15)   The licensee shall not manufacture Medicinal Opium in a quantity larger than his requirements for two months.

 

(16)   All the transactions under the licence shall be carried on under supervision of Prohibition and Excise staff as may be approved by the Commissioner of Prohibition and Excise. The cost of such staff will have to be paid by the licensee in advance.

 

Dated.............. the day of..........19

Seal.
Bombay

Commissioner of Prohibition and Excise,
Maharashtra State, Bombay.

 

Form N.D.P.S. ? 1

 

Licence for the manufacture, possession and sale, otherwise than on prescription of manufactured drugs by dealers

 

No.

Licence is hereby granted to...................of......................................following the profession of at .................... (hereinafter called "the licensee") authorising him under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder:-

(a)      to possess and sell, otherwise than on prescription, manufactured drugs (other than prepared opium and coca leaf); and

 

(b)      to manufacture manufactured drugs or any preparation containing manufacture from materials which he is lawfully entitled to possess at his shop situated at...............in the district of during the period commencing on and ending on............ on payment of fee of Rs.............. (in words rupees ..........) and subject to the conditions hereinafter mentioned, viz.:-

 

1.        The licensee shall purchase all manufactured drugs to be sold under his licence from a dealer in manufactured drugs licenced under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, or under the corresponding rules for the time being in force in any part of India or in accordance with condition 8 or import in the State such drugs from abroad in accordance with the rules issued under section 8 of Narcotic Drugs and Psychotropic Substances Act, 1985 by the Central Government. He shall not receive or have in his possession manufactured drugs, obtained otherwise than as permitted under this condition nor shall be receive or have in his possession any quantity of ?

 

(a)      coca derivatives containing in the aggregate more than [44].................................. of cocaine,

 

(b)      opium derivatives containing in the aggregate more than [45]............... of either morphine, diacetylmorphine or both,

 

(c)      medicinal hemp exceeding[46] in the case of extract and[47]......... in the case of tinctures,

 

(d)      [48].............

 

(e)      [49]........

 

(f)       [50]........

 

(g)      [51]........

 

(h)     [52]........

 

(i)       [53]........

 

(j)       to (z)[54].......

 

In the case of preparations which are admixtures of coca derivatives and opium derivatives, the limit shall be fixed with reference to the cocaine and morphine contents respectively, and not with reference to the quantity or bulk of the preparations, and the bottles, phials, packages or other containers of the preparations or labels affixed to them shall plainly exhibit the actual quantity of the manufactured drugs present in each container or sufficient particulars to admit of the ready calculation of such quantity.

2.        The licensee shall not keep, store or sell manufactured drugs in any place except in his shop described above. If he wishes to remove any manufactured drugs from one place to another he shall first obtain a transport authorization from the Licensing Authority for the purpose.

 

3.        The licensee shall be responsible for the acts and omissions of every person appointed to officiate for him in carrying on the business of the said shop and of all his servants as if the said acts and omissions were his own.

 

4.        The licensee shall not sell any manufactured drug except ?

 

(a)      to a dealer in manufactured drugs or a chemist or an approved practitioner licensed under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or under the corresponding rules for the time being in force in any part of India outside the State of Maharashtra;

 

(b)      to an approved practitioner to the extent he is permitted to possess it for use in his practice in accordance with the provisions of rule 68 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985;

 

(c)      to a person specially authorised by the Licensing Authority to possess and use it under rule 91 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985;

 

(d)      to a person holding an export authorisation granted under rule 92 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or under rules made by the Central Government under section 9 of the Narcotic Drugs and Psychotropic Substances Act, 1985:

 

(e)      to a Government Medical Officer in-charge of a Government grant-in-aid medical institution, or to an approved practitioner in-charge of a Zilla Parishad or municipal dispensary in-charge of hospital or dispensary belonging to a Mission or any other corporate body or to a Medical Officer in-charge of a hospital or dispensary belonging to a railway;

 

(f)       to a Government Officer who is duly authorised to possess it under rule 89 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985, provided that receipt is obtained by the licensee from such officer and kept on his record :

 

Provided that ?

 

(i)       the quantity of the drug sold shall not exceed the quantity which such dealer, chemist, practitioner, person or officer, as the case may be, may lawfully possess;

 

(ii)      the drug shall not be delivered to any person not licensed or otherwise authorised to be in possession of the drug, who purports to receive it on behalf of a person so licensed or authorised, unless such person produces an authority in writing signed by the person so licensed or authorised or receive the drugs on his behalf and unless the licensee is satisfied that the authority is genuine; and

 

(iii)     where, for the removal of the drug an authorization is required, the licensee shall, before permitting the removal of the drug from his shop by the purchaser, satisfy himself that the purchaser has obtained the necessary authorisation from the Licensing Authority.

 

5.        The licensee may import, in the Slate, export in the State or transport in manufactured drugs by rail or by post, subject to the following conditions

 

(a)      The parcel of manufactured drug when sent by a post, shall be sent by registered post;

 

(b)      The parcel, whether sent by rail or by post, shall be insured;

 

(c)      The parcel shall be covered by an authorisation issued by the competent authority at the place to which the parcel is addressed;

 

(d)      The parcel shall be accompanied by a declaration showing the names of the consigner and the consignee, the contents of the parcel in detail, the number and date of the permit covering the import in the State, export in the State or transport, as the case may be, and the number of the licence, if any, held by the consigner and by the consignee;

 

(e)      The consigner and the consignee, if they are licensees shall show distinctly in their account books, the names of the consignee and the consigner, respectively, and the quantities of the drugs imported in the State, exported in the State or transported by or to them from time to time by post.

 

6.        (1) The licensee shall keep accounts of the manufactured drugs received, sold and hold in stock by him from time to time, in the form prescribed by the Licensing Authority. The accounts shall be plainly and correctly written up in books bound, paged and sealed with the seal of the Licensing Authority and shall show in each case of purchase or sale the date of the transaction and the name and the address of the person or firm from whom the purchase was made or to whom or on whose behalf the drug was sold, as the case may be.

(2) ? The licensee shall preserve the said accounts and authorizations for not less than two years from the date of the last entry in the account book and shall produce them, together with this licence and any manufactured drugs that may be in his possession at the time, for inspection on demand by the Commissioner or any other officer duly authorised by him in this behalf.

(3) ? The licensee shall furnish to the Commissioner or any other officer duly authorised by him in this behalf, within a week after the end of each calendar year, the information regarding the purchase, sale and consumption of manufactured drugs during the preceding year and the stocks of manufactured drugs held by him in balance on the last day of the year in the form prescribed by the Licensing Authority for the purpose.

7.        ?(1) This licence may be cancelled or suspended by the Licensing Authority at any time ?

 

(a)      for non-payment of fee payable by the licensee:

 

(b)      for default or violation by himself or by any servant or person acting on his behalf of any of the conditions specified in this licence or of the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985;

 

(c)      if the licensee be convicted of a breach of the peace or of any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 or under the law for the time being in force relating to excise revenue or of any other criminal offence during the currency of the licence;

 

(d)      if the licensee infringes any of the condition imposed on him by the Narcotic Drugs and Psychotropic Substances Act, 1985;

 

(e)      after giving the licensee 15 days' notice, or if the licensee desires to surrender his licence, within 15 days from the receipt of such notice from him.

(2) When such licence is cancelled, suspended or surrendered the licensee shall forthwith make over to the Licensing Authority or to such other officer as he may appoint, his licence together with all manufactured drugs in his possession.

8.        The licensee shall be bound to purchase in such quantity not exceeding that which he is likely to sell in two months, and at such rates as the Licensing Authority may direct, any manufactured drugs that may be delivered to the Licensing Authority by any other licensee whose licence has expired or has been cancelled or suspended.

 

9.        All preparations containing not more than 0.1 per cent, of cocaine or 0.2 per cent, of morphine and any preparation which the Central Government may by notification in the Gazette of India made in pursuance of a finding under article 8 of the Geneva Convention declare not to be a manufactured drug, may be imported, in the State exported, in the State transported, possessed and sold without restriction.

 

Granted this the ............ day of...... 19

Seal

Licensing Authority.

 

Form N.D.P.S. ? 2

 

Licence for the possession and sale on prescription of manufactured drugs by chemists and medical practitioners

 

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

Licence is hereby granted to .............. of............. following the possession of.......... at ........ (hereinafter called "the licensee") authorising him under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder to possess and sell or dispense, on prescription only, manufactured drugs at his shop/dispensary situated at ............ in the district of ........during the period commencing on..................and ending on .....on payment of a fee of Rs................... (in words rupees ............) subject to the conditions hereinafter mentioned viz.

1.        The licensee shall purchase all manufactured drugs to be sold or dispensed under this licence, from a dealer in manufactured drugs licensed under the Maharashtra Narcotic Drugs and Psychotropic Substanses Rules, 1985 or under the corresponding rules for the time being in force in any' part of India, or in accordance with condition.

He shall not receive or have in his possession any manufactured drugs which are not specified in this condition or which have been obtained otherwise than as permitted under this condition nor shall he possess them in quantities exceeding those specified below :-

 

(a)      coca derivatives containing in the aggregate more than [55]............... of cocaine.

 

(b)      opium derivatives containing in the aggregate more than [56]................. of either morphine, diacetyl morphine or both.

 

(c)      medicinal hemp exceeding ...................in the case of extract and[57]......... in the case of tinctures.

 

(d)      [58]..............

 

(e)      [59].........

 

(f)       [60].........

In the case of preparations and admixtures of coca derivatives and opium derivatives, the limit shall be fixed with reference to the cocaine and morphine contents, and not with reference to the quantity or bulk of the preparation and the bottle, phials, packages or other containers of those preparations or labels affixed to them shall plainly exhibit the actual quantity of the manufactured drugs present in each container or sufficient particulars to admit of the ready calculation of such quantity.

2.        (a) The licensee unless he is a registered medical practitioner shall not keep, store, sell or dispense manufactured drugs in any place except in his dispensary described above.

(b) ? If the. licensee, is a registered medical practitioner, he may carry with him, from place to place manufactured drugs in quantities not exceeding those specified in condition 1 above.

3.        The licensee shall be responsible for the acts and omissions of every person, appointed to officiate for him in carrying on the business of the said dispensary, and of all his servants as if the said acts and omissions were his own.

 

4.        The licensee shall not sell or dispense manufactured drugs except on a bona fide prescription given by himself if, he is a registered medical practitioner, or by any other registered medical practitioner nor in larger quantity nor to any other person than may be specified in the prescription, provided the prescription is not given for the use of the prescriber himself.

 

(2) ? A prescription for the supply of manufactured drugs must comply with the following conditions :-

 

(a)      The prescription shall be in writing, and shall be dated and signed by a registered medical practitioner with his full name, qualification and address and shall also specify the name and address of the person to whom it is given and the total quantity of the drug to be supplied thereof. If the drug to be supplied be coca derivatives the quantity should not contain more than 389 milligrammes of cocaine, provided that the Licensing Authority may by special order authorise the supply of a larger quantity considering the circumstances of the particular case.

 

(b)      The prescription shall not be given for the use of the prescriber himself.

 

(c)      A prescription given by a registered dentist shall be only for the purpose of dental treatment and shall be marked "For local dental treatment only"; and

 

(d)      A prescription given by a Veterinary Surgeon shall be only for the purpose of treatment of animals and shall be marked "For animal treatment only".

 

(3) ? When coca derivatives are to be sold or dispensed the licensee shall see that the prescription is marked with the words "not to be repeated" and shall not supply coca derivatives more than once on the same prescription, except in pursuance of fresh directions duly endorsed on the prescription by the approved practitioner by whom it was originally issued and signed with his name in full and dated. Except under a special order made by the Commissioner under rule 91 of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 the quantity so sold or dispensed at one time or to one and the same person in the aggregate on any one day shall not contain more than 389 milligrammes of cocaine.

 

(4) ? Where opium derivatives or medicinal hemp are to be sold or dispensed ?

 

(a)      if the prescription does not bear a superscription by a registered medical practitioner stating that it is to be repeated and at what interval of time is to be repeated and how many times it is to be repeated, the licensee shall sell the drugs once only on such prescription, and shall retain the prescription :

 

Provided that, he shall first warn the person presenting the prescription that, unless it bears such a superscription as aforesaid, it will be retained;

 

(b)      if the prescription bears a superscription as aforesaid, and if it appears that opium derivatives or medicinal hemp have already been sold on the prescription six times, or such number of times as the prescription is required to be repeated, or that the interval specified in the superscription has been elapsed since the prescription was last disposed, he shall not sell the drugs on such prescription, unless it is further superscribed in that behalf by a registered Medical Practitioner.

(5) ? The licensee shall mark on every prescription dispensed by him, his name, the address of the premises at which and the date on which it was dispensed. In the case of every preparation made upon a prescription which contains manufactured drugs, the bottle or other receptacle or the wrapper or other covering in which such preparation is enclosed shall bear clearly marked upon it the amount and percentage of cocaine or morphine or discotylmorphine or medicinal hemp contained in such preparation; provided that if the preparation in the form of uniformity divided dosal units, e.g. pills, powders, tabloids, capsules, etc. it shall be sufficient if the bottle or other receptacle or the wrapper or other covering in which such preparation is enclosed bears clearly marked upon it the amount and percentage of cocaine or morphine contained in each such dosal unit.

(6) ? Where the prescription has to be returned to the person who presents it, the licensee shall, on the first sale thereon, take and keep a copy of it, and on the occasion of each subsequent sale, thereon the date of the sale and also sign and seal it.

5.        The licensee may import, export or transport manufactured drugs by rail or inland post subject to the following conditions :-

 

(a)      the parcel of manufactured drug, when sent by post, shall be sent by registered parcel;

 

(aa) the parcel, whether sent by rail or by post, shall be insured;

 

(b)      the parcel shall be covered by an authorisation issued by competent authority at the place to which the parcel is addressed;

 

(c)      the parcel shall be accompanied by a declaration showing the names of the consigner and the consignee, the contents of the parcel in detail, the number and date of the authorization covering the import, export or transport as the case may be, and the number of licence, if any hold by the consigner and the consignee.

 

6.        The licensee shall file and preserve for one year all prescriptions upon which manufactured drugs have been sold or dispensed by him, and shall produce such prescriptions alongwith this licence and any manufactured drug that may be in his possession for inspection on demand by the Licensing Authority duly authorised by him.

6A. The licensee shall maintain a register in such form as may be approved by the Licensing Authority, wherein he shall from time to time record, in respect of the manufactured drugs dispensed by him, the full names and addresses of the registered medical practitioners prescribing of the drugs and of the persons for whom they are prescribed. The licensee shall similarly record in the said register a true account of the kind and quantity of the manufactured drugs dispensed and the balance held by him in stock. The licensee shall, before the seventh day of each calendar month, furnish to the Commissioner or such other officer as he may appoint in this behalf a copy of the entries made by him in the register during the preceding calendar month.

7.        ?(1) The licence may be cancelled by the Licensing Authority, at any time ?

 

(a)      for non-payment of duty of fee payable by the licensee;

 

(b)      for default or violation by himself or by any servant or person acting on his behalf of any of the conditions specified in the licence or of the provisions of the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985;

 

(c)      if the licensee be convicted of any offence under the Narcotic Drugs and Psychotropic Substances Act. 1985 or under the law for the time being in force relating to excise revenue or of a breach of the peace or of any other criminal offence during the currency of the licence;

 

(d)      if the licensee infringes any of the conditions imposed on him by the Narcotic Drugs and Psychotropic Substances Act, 1985 or by the rules in force thereunder:

 

(e)      after giving the licensee fifteen days' notice, or if the licensee desires to surrender his licence, within fifteen days from the receipt of such notice from him.

(2) ? When such licence is cancelled, suspended or surrendered the licensee shall forthwith make over to the Licensing Authority or such other officer as he may appoint, the licence together with all manufactured drugs in his possession.

8.        The licensee shall be bound to purchase in such quantity not exceeding that which he is likely to sell in two months and at such rates as the Licensing Authority may direct, any manufactured drugs, that may be delivered to the Licensing Authority by any other licensee whose licence has expired or has been cancelled or suspended.

 

9.        All preparations containing not more than 0.1 per cent, of cocaine or 0.2 per cent, of morphine and any preparation which the Central Government may by notification in the Gazette of India made in pursuance of a finding under article 8 of the Geneva Convention declare not to be a manufactured drug, may be imported, exported, transported, possessed and sold without restriction.

 

Granted this the ........... day of 19

Seal

Licensing Authority.

 

Form N.D.P.S. - 3

No.......... of 1985

 

Special Authorization to Registered Medical Practitioners for the possession of coca derivatives for use in the exercise of their profession but not for sale

 

Dr ............................................ is hereby authorized to possess coca derivatives containing not more than ................... grams of cocaine for use in the exercise of his profession in his dispensary situated at ......... taluka of....... in the district of.............. This authorisation which is granted free of charge will hold good up to the evening of the 31st March, 19 .... and is issued subject to the following conditions :-

 

1.        That the authorisation holder shall be bound by the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and any general or special rules prescribed or which may, from time to time, be prescribed thereunder.

 

2.        That the authorisation holder shall purchase the quantity of coca derivatives required by him from a dealer in manufactured drugs licensed under the Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 or under the corresponding rules in force in any other part of India and shall not receive or have in his possession any such drug obtained otherwise. In the case of preparations and admixtures, the limit shall be fixed with reference to l he cocaine contents and not with reference to the quantity or bulk of the preparation and the bottles, phials, packages or other containers of these preparations or lables affixed to them shall plainly exhibit the actual quantity of the manufactured drug present in each container or sufficient particulars to admit of the ready calculation of such quantity

 

3.        That the authorisation holder shall file and preserve all prescriptions for one year.

 

4.        That this authorisation shall be returned to this office on the 1st April, 19... or on the date of the cancellation, whichever is earlier.

 

5.        That this authorisation is liable to be cancelled at any time during the currency for a breach of its conditions or of any provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985.

 

Dated the .............. day of...... 19 .

Seal of Licensing Authority

Licensing Authority.

 

Form N.D.P.S. - 4

Authorization for the Inter-Provincial Import of Manufactured Drugs into the State of Maharashtra

 

Part I

(To remain in the office of issue)

 

Mr./Messrs. [61]................................... is/are..............hereby........authorized to import the undermentioned drugs from Mr./Messrs. [...........]

 

 

[This authorization must be used within six months from the date of its issue].

This authorization shall be delivered on arrival of the drugs at their destination to [........................]

The bulk of the consignment shall not be broken in transit.

Dated the .................. 19

Licensing Authority.

 

Form N.D.P.S. - 4

Authorization for the Inter-Provincial Import of Manufactured Drugs into the State of Maharashtra

 

Part II

(To be forwarded to the authority of the place of export)

 

Mr./Messrs. [62]....................................... is/are................hereby..........authorized to import the undermentioned drugs from Mr./Messrs [.................]

 

 

This authorization must be used within two months from the date of its issue.

The bulk of the consignment shall not be broken in transit.

Dated the ................... 19

Licensing Authority.

 

Form N.D.P.S. - 4

Authorization for the Inter-Provincial Import of Manufactured Drugs into the State of Maharashtra

 

Part III

(To be handed over to the importer to accompany the consignment)

 

Mr./Messrs. [63]............................... is/are hereby authorized to import the'undermentioned drugs from Mr./Messrs. [....................]

 

 

[This authorization must be used within six months from the date of its issue.]

This authorization shall be delivered on arrival of the drugs at their destination to [..........................]

The bulk of the consignment shall not be broken in transit.

Dated the .................. 19

Licensing Authority.

 

Form N.D.P.S. - 5

Authorization for the Inter-Provincial Export of Manufactured Drugs from the State of Maharashtra

 

I

(To remain in the office of issue)

 

Mr./Messrs. [...................................] is/are...............hereby.........authorized to export the undermentioned drugs to Mr./Messrs. [................]

..........by [........................] in [............]

 

 

This authorization will remain in force upto the evening of....... 19 ...

The bulk of the consignment shall not be broken in transit.

Dated the ................ 19

Licensing Authority.

 

Form N.D.P.S. - 5

Authorization for the Inter-Provincial Export of Manufactured Drugs from the State of Maharashtra

 

II

(To be handed over to the consigner to accompany the consignment)

 

Mr./Messrs. [64].. is/are hereby authorized to export the undermentioned drugs to Mr./Messrs. [.............................]

by [............................] in [........................]

 

 

This authorization will remain in force upto the evening of........... 19

The bulk of the consignment shall not be broken in transit.

Dated the ................ 19........

Licensing Authority.

 

Form N.D.P.S. - 5

Authorization for the Inter-Provincial Export of Manufactured Drugs from the State of Maharashtra

 

III

(To be forwarded to the authority at the place of import)

 

Mr./Messrs. [65]................ is/are hereby.authorized to export the undermentioned drugs to Mr./Messrs.[......................]by [............................] in [.....................................]

 

 

This authorization will remain in force upto the evening of.......... 19

The bulk of the consignment shall not be broken in transit.

Dated the ................ 19

Licensing Authority.

 

Form N.D.P.S. - 5

Authorization for the Inter-Provincial Export of Manufactured Drugs from the State of Maharashtra

 

IV

(To be issued in the case of despatch of drugs by parcel post and handed over to the consigner for production at the post office of despatch)

 

Mr./Messrs. [66].................................... is/are......................hereby authorized to export the undermentioned drugs to Mr./Messrs.[.................] by [..............................]in [.................................]

 

 

This authorization will remain in force upto the evening of 19 .

The bulk of the consignment shall not be broken in transit.

Dated the ............... 19

Licensing Authority.

 

Form N.D.P.S. 6

Authorization for the Transport of Manufactured Drugs within the State of

Maharashtra

 

(Counterfoil)

(To remain attached to book)

 

Mr./Messrs. [67]............................. is/are hereby authorised to transport to [.......................] from [..........................] the undermentioned drugs :-

 

 

This authorization must be used within two months from the date of the issue.

Dated ................. 19

Licensing Authority.

 

Form N.D.P.S. - 6

Authorization for the Transport of Manufactured Drugs within the State of Maharashtra

(Duplicate)

 

(To be forwarded to the authority of the place from which the drugs are to be transported)

 

Mr./Messrs. [68]................is/are hereby.authorized to transport to [.........................] from [...................]

the undermentioned drugs :-

 

 

This authorization must be used within two months from the date of its issue.

Dated : ................ 19

Licensing Authority.

This authorization is to remain in force upto the evening of 19 .

The drug covered by it shall be conveyed intact by 3... in 4.....

Dated the ........ 19 .

Licensing Authority.

 

Form N.D.P.S. - 6

Authorisation for the Transport of Manufactured Drugs within the State of Maharashtra

 

(Triplicate)

(To be handed over to the applicant to accompany the consignment)

 

Mr./Messrs [69]...................................is/are.............................hereby authorized to transport to [...................................]from [..........................]the undermentioned

drugs: -

 

This authorization must be used within two months from the date of its issue.

Dated ............. 19 .

Licensing Authority

This authorization is to remain in force upto the evening of 19 .

The drug covered by it shall be conveyed intact by [............] in [.....]

Dated the ........ 19 .

Licensing Authority.

 

Form, of Accounts of coca derivations to be kept by Medical Practitioners who have been granted Special Authorisation for the possession of coca derivatives for use in the exercise of their profession

 

Month .............. 19 .............