State of Bihar - Act
The Bihar Narcotic Drugs and Psychotropic Substances Rules, 1985
BIHAR
India
India
The Bihar Narcotic Drugs and Psychotropic Substances Rules, 1985
Rule THE-BIHAR-NARCOTIC-DRUGS-AND-PSYCHOTROPIC-SUBSTANCES-RULES-1985 of 1985
- Published on 2 November 1985
- Commenced on 2 November 1985
- [This is the version of this document from 2 November 1985.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These Rules may be called the Bihar Narcotic Drugs and Psychotropic Substances Rules, 1985.2. Extent and commencement.
- They shall extend to whole of the State of Bihar and shall come into force from the [14th November, 1985.] [Substituted by S.O. 430 dated 31st March, 1986.]3. Definitions.
4. Manufacture.
- A licensed dealer or chemist may, subject to the conditions of his licence manufacture narcotic drugs which he may lawfully possess under these Rules subject to Section 9 of the Act and Rules made thereunder.5. Possession.
- Any person may possess such quantity of narcotic drugs as has been at one time dispensed and sold to him for his own use in accordance with the provisions of Rule 21 or of corresponding Rules for the time being in force in any part of India outside Bihar subject of the Rules framed under Section 9 of the Act.6.
An approved practitioner may possess narcotic drugs for use in his practice but not for sale:Provided that-7.
An approved practitioner incharge of a hospital or dispensary authorised in this behalf by the Collector by an order made under Rule 23 may possess narcotic drugs for use in the hospital or dispensary such in manner as may be specified in such order.8.
A licensed dealer or licensed chemist may possess in his licensed premises such quantity of narcotic drugs as may be specified in his licence.9.
A person to whom a pass has been granted under these Rules for the transmission of narcotic drugs may possess such quantity of such drugs as may be specified in the pass.10. Transmission.
- Any person may transport or import inter-State narcotic drugs which he may lawfully possess under Rule 5.11.
An approved practitioner not incharge of a hospital or dispensary may, subject to Rules 6, 17 and 18 import inter-State any narcotic drugs under a pass obtained from the Collector or the Superintendent of excise.12.
An approved practitioner incharge of a hospital or dispensary authorised in this behalf by the Collector by an order under Rule 25 may, subject to Rules 17 and 18, import inter State or transport within Bihar narcotic drugs for use in the hospital or dispensary on an indent countersigned.13.
A licensed chemist or licensed dealer may subject to Rules 17 and 18 transmit narcotic drugs for bona fide medical purposes under a pass obtained from the Collector:Provided that such a pass shall not be granted for the transmission of any such drug in a quantity exceeding the quantity of such drug which such chemist or dealer may possess in his licensed premises in accordance with his licence.14.
Nothing in these Rules shall be deemed to permit the import of inter State of any narcotic drug unless the Rules, for the time being inforce relating to the export inter-State of such drugs in the State or Union Territory from which the drugs are brought and the Rules regulating transmission in any other State or Union Territory through which the drugs pass have been complied with.15.
A pass for export inter State can be issued only on production of a permit from the officer authorised by the Rules in force in the place of destination to issue permit for the import inter-State of narcotic drugs.16.
A person may convey or cause to be conveyed narcotic drugs through Bihar in transit between any two parts of India other than Bihar provided that-17.
A person may transmit or cause to be transmitted narcotic drugs by post provided that-18.
19. Sale.
- The Collector may grant to any person a licence for the sale of-20.
21.
22. Approval,authorisation of licences and passes.
23.
The Collector may with the sanction of the Commissioner of Excise by general or special order in Form ND 5 authorize any approved practitioner in charge of a hospital or dispensary to possess, import inter-State into Bihar and transport within Bihar narcotic drugs in such manner as may be specified in such order.24.
25.
26. Disposal of Drugs and confiscated articles.
- The Collector shall cause all narcotic drugs made over to him on cancellation or suspension of licence or order, to be examined by the Chemical Examiner or by such other officer as the Commissioner may direct. If any such drugs are certified by such officer to be fit for use the Collector may sell them to any dealer or chemist licensed under these Rules or under any corresponding Rules for the time being in force in any other part of India or to any person authorised by an order under Rule or any corresponding Rules in force as aforesaid. The sale proceeds of such drugs shall be paid to the person whose licence has been cancelled or suspended. The Collector may require any licenced dealer or chemist to purchase at such price as the Collector may direct any quantity of such drugs not exceeding such quantity as the Collector may determine to be ordinarily saleable by him in two months. If any such drugs are certified by the Officer aforesaid to be unfit for use the Collector shall cause them to be destroyed.Note. - All Narcotic drugs and all other articles confiscated under the Act in connection with any offence relating to these Rules shall be disposed of in accordance with the Rules framed by the Central Government.27. Issue of subsidiary orders.
- Subject to the provision of the Act and of these Rules, the Commissioner of Excise may from time to time give such directions as it may think fit for the purpose of carrying out the provisions of these Rules.28. Appeal and Revision.
29. Possession and Oral Consumption of Opium.
- No person shall possess opium for oral consumption except on a permit granted by an approved medical authority under Rule 30.30.
31. Warehouse.
32.
If any permit holder violates any of the conditions of the permit, the Superintendent of Excise of the area concerned may after obtaining written report from the Medical Authority which granted the permit and such further enquiry as may be necessary submit a report to the Civil Surgeon and Senior Executive Medical Officer of the district recommending cancellation, suspension or withdrawal of the permit. The Civil Surgeon and Senior Executive Medical Officer after due consideration of the facts reported and after such further enquiry, as may be necessary, may cancel the permit or suspend or withdraw it fora specific period. Any such order of cancellation, suspension or withdrawal shall be communicated to the Superintendent of Excise as well as the Warehouse Officer and also to the permit-holder either personally or by registered post and the permit holder shall, on receipt of such communication, surrender the permit forthwith to the Superintendent of Excise or the Sub-Inspector of Excise having jurisdiction over the area.33. Acquisition of opium for oral consumption or narcotic drugs and psychotropic substances.
34. De-addiction.
35. Rewards.
- The Board of Revenue in consultation with the Finance Department Bihar, may fix and prescribe, from time to time, by notification in the Official Gazette, the scales of rewards admissible and the manner of their payment to the various categories of Officers, informers and other persons in connection with offences against these Rules, out of the proceeds of fine and confiscations under the Act subject to the Rules framed by the Central Government in this regard.36. Miscellaneous.
- The Board of Revenue may issue subsidiary instructions for the appointment, training, powers and duties of persons employed in the centre and for the supply of opium for oral consumption, narcotic drugs and psychotropic substances from the centres.37. Repeal and Saving.
1. Permit holder's name.....
2. Father's/Husband's name........
3. Religion or Caste......
4. Apparent age.......
5. Address in full....
6. Occupation.........
7. Name and address of the approved Medical Practitioner issuing the permit.
8. Quantity recommended.
9. Personal identification marks of the permit-holder as verified by the Approved Medical Practitioner.
10. Name of agent, if in the opinion of the approval Medical Authority issuing this permit, the holder is an invalid or infirm person.
This permit is granted under and subject to the provisions of the Bihar Narcotic Drugs and Psychotropic Substances Rules, 1985 and others made thereunder and also subject to the conditions printed hereinafter.Signature of Approved Medical Hospital/Authority Dispensary.Registered No.District......Conditions1. This permit shall remain in Force from to (Both days inclusive).
2. The permit-holder shall not possess at any one time more than five grams of opium.
3. No opium other than opium obtained under this permit shall be transported, possessed or consumed by the permit-holder.
Granted this day of.................19Signature or thumb-impression of the permit-holder.Signature & designation of theApproved Medical Authority.N.B.- This permit will be issued in triplicate. One copy will be retained by the Approved Medical Authority issuing the permit, the other by the permit-holder and the third by the W. Officer issuing opium.....Form O.P. II.[See Rule 30 (2)]Permit No.........Date..........Permit for possession of opium for oral consumption in the State of Bihar in case the treatment for De-addiction fails.1. Permit holder's name.......
2. Father's/Husband's name.........
3. Religion or Caste.......
4. Apparent age.........
5. Address in full......
6. Occupation........
7. Name and address of the Approved Medical Practitioner issuing the permit.
8. Quantity recommended per month (Not exceeding twenty five grams in all).....
9. Personal identification marks of the permit-holders as verified by the Approved Medical Practitioner.
10. Name of agent, if in the opinion of Approved Medical Authority, issuing this permit the holder is an invalid or infirm person.
This permit is granted under and subject to the provisions of the Bihar Narcotic Drugs and Psychotropic Substances Rules, 1985 and other made thereunder Subject to the conditions printed hereinafter.Signature of Approved Medical Authority,Hospital/Dispensary.Registered No.Distt...Conditions1. This permit shall remain in force from to (Both days inclusive).
2. The permit-holder shall not possess at any one time more than five grams of opium.
3. No opium other than opium obtained under this permit shall be transported, possessed or consumed by the permit-holder.
4. The permit shall be non-transferable and may be cancelled, suspended or withdrawn by the Approved Medical Authority issuing the permit, if he thinks it necessary.
Granted this day of 19Signature or left hand thumb-impression of the permit holder.Signature & designation of Approved MedicalAuthority issuing the permit.N.B.:-This permit will be issued in triplicate. One copy will be retained by the approved Medical Authority issuing the permit, the other by the permit holder himself and the third by the Warehouse Officer issuing opium.Form O. P. III(See Rule 30 (5)List of permits issued in Form O.P.I. and Form O.P. II to be forwarded by Approved Medical Authority to the District Assistant Commissioner of Excise, Superintendent.(List for the Week ending Saturday).To,The Assistant Commissioner/Supdt. of Excise,Sir,The following permits in forms O.P. I and O.P. II have been issued to opium eaters during the week ending................Yours faithfullyMedical Officer,Hospital/Dispensary.| Sl. No. | Date of Issue | Name of permit | Age | Father's/ Husband's name and full address | From I & II in which permit recommended | (O.P. Monthly quota of opium recommended | Name of agent in case of invalid & infirmperson | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Date | Opening balance | Receipt | Total of column 2 & 3 | Quantity eaters | Sold to closing | Remarks balance |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. Name of permit holders.......
2. Age......
3. Father's or Husband's name........
4. Full address.......
5. Number and date of permit.........
6. In what form (O.P.I. or O.P. II)..
7. Quantity of opium allowed monthly........
8. Name of agent in case of invalid or infirm persons.
9. Name and address of Approved Medical Authority issuing the permit.........
Quantities of opium supplied on different dates.| Date | Quantity Grams | Signature of permit-holder or agent. |
| 1 | 2 | 3 |
| specifications | 1. |
| 2. | |
| 3. (list to be enclosed in case of several items) |
1. The licensee shall be bound by the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Rules made by the Government of India Under Section 9 of the Act & the Rules made by the Government of Bihar under Section 10 of the Act and any additional, general or special Rules which may be made from time to time.
2. This licence extends-
3. The licensee shall not have in his possession at any one time the Narcotic Drugs, as specified, more than the quantity mentioned against each;
He shall obtain his supplies of drugs from a licensed dealer in the State of Bihar or from a dealer licensed under the corresponding rules for the time being in force in any other part of India or by manufacture from drugs which he is lawfully entitled to possess subject to the provisions of Condition 2 of this license. The licensee shall not receive or have in his possession of drugs otherwise obtained. In the case of imports Inter-State of Narcotic drugs from any part of India outside the State of Bihar, the licensee shall first apply to the Collector stating the name and address of the firm from which he wishes to purchase the drugs, the description of the drugs with their bulk weight and drug contents and obtain in import inter-State authorization before he intendents for the drugs. If the Collector is satisfied that the drugs are required solely for medicinal purposes and that the licensee is authorised to possess the quantity of the drugs required he will grant an import inter-State authorization.4. The transmission of dangerous medical drugs by inland post by the licensee for medicinal purposes is permitted subject to the following Conditions:-
5. The licensee shall not manufacture, possess, or sell drugs as specified by virtue of this licence, at any place except his place of business specified above.
6. The licensee shall mark every package or bottle containing drugs as specified with the percentage or proportion or amount of opium, Cannabis Indica, Morphine, Diacetyl-morphine or Cocaine or any other substance that may be mentioned in the Narcotic Drugs and Psychotropic Substances Act, 1985, contained in the drugs.
7. The licensee may sell otherwise than on prescription drugs as specified.
1. (a) to a licensed dealer or to a licensed chemist.
2. He shall maintain a written record in Form ND 3 of the sale of any such drug and shall plainly mark-
10. The licensee shall furnish periodically to the Excise or Revenue offices such statistics as they may require from time to time.
11. The licensee shall file, in support of his accounts of receipts, the Customs receipts for duty paid, or the invoice or supply obtained otherwise than import by sea, and in support of his accounts of issues; a receipt from each person to whom any issue is made or the order on which such issue is made, Accounts of transactions under this licence shall be kept separate from those maintained by him under any other licence. At the end of the each month total should be struck showing separately the issues to (a) licensees including approved practitioners who hold licenses and (b) approved practitioners licenses and others authorised to possess Narcotics drugs.
12. Stocks of (drugs as specified) and all accounts and records of transactions under this licence shall be open to inspection by an officer of the Excise Department not below the rank of Sub-Inspector.
13. An inspection note book with pages numbered consecutively shall be maintained for the use of inspecting officers and shall be handed over to the District Excise Officer or to any Officer authorized by him to receive it on a receipt being given therefor. The book shall be preserved in good condition and handed over to the Excise Sub-Inspector at the end of the period for which the licence is in force.
14.
15. The imposition of a penalty or the cancellation or suspension of the 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 & Psychotropic Substances Act, 1985.
16. If the licensee shall have in his possession on the expiry, cancellation or suspension of the license any raw opium or medicinal opium or any Narcotic drugs as the case may be, shall deliver them up to the Collector.
17. 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 Collector, may direct, any narcotic Drugs (drug as specified) that may be delivered up to the Collector by any other licensee whose licence has expired or has been cancelled or suspended.
18. All preparations containing not more than Order 2 per cent of morphine or of diacetyl morphine or 0.1 % of Cocain and any preparation which the Government of India may be notification in the Official Gazette made in pursuance of a finding under Article 8 of the Geneva Convention declare not be narcotic drug, may be imported, exported, transported, possessed and sold without restriction.
| Date | day of 19. |
| District | Collector |
| (Specifications) | 1. |
| 2. | |
| 3. (List to be enclosed in case of several items) |
1. Only the parcel post shall be used;
2. the parcels shall be insured;
3. the parcels shall be covered by permits which shall in the case of transmission to a district within the State of Bihar be issued by the Collector of that District and in other cases by the proper authorities in the State or Union Territory to which the parcels are addressed;
4. the parcels shall be accompanied by a declaration stating the names of the consignee and the consignor the content of the parcels in detail the number and date of the permit covering the transmission and the number of the license held by the consignee; and
5. the consignee shall show distinctly in his account books the name of the consignor and the quantity of drugs sent to him from time to time by post.
V. The licensee shall not manufacture, possess or sell drugs as specified by virtue of this licence, at any place except his place of business specified above.VI. The licensee shall mark every package or bottle containing drugs as specified with the percentage or proportion or amount of opium, Cannabis Indica, morphine, diacetyl-morphine or cocaine or any other substance as may be mentioned in the Narcotic Drugs & Psychotropic Substances Act 1985, contained in the drugs.VII. The licensee may sell only on prescription the Narcotic drugs as specified subject to the following conditions namely:-| Date | day of 19. |
| the District, | Collector |
| Opium deivtives other than prepared opium | |||||||||
| Month and Date | Particulars of transaction receipts issues totalbalance etc. | Raw Opium | Medical Opium | Opium in the form of live-uses extracts and suchother preparation containing more than 2% of morphine made directfrom morphine | Morphines pure morphine sale of morphine and suchpreparation containing more than 0.2% of morphine are made directfrom morphine | ||||
| Description | Bulk weight | Drug contents | Description | Bulk weight | Drug contents | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| Stock on Kg.Gr.ReceiptTotalIssueBalance | Kg. Gr. | Kg. Gr. | Kg. | Gr. | Kg. | Gr. |
| Opium deivtives other than prepared opium | ||||||||||
| Diacetyl-morphine (diamorphine herion) purediacetyl-morphine, salts of diacetyl-morphine and allpreparations containing diacetyl-morphine | Cocaine, pure cocaine salts of cocaine and suchpreparations containing more than 1.1% of cocaine as are madedirect from Cocaine | Cocaine and such preparation containing more than0.1% of cocaine as are made direct from coca leaf | ||||||||
| Description | Bulk weight | Drug contents | Crude Cocaine | C C genine | Description | Bulk weight | Drug contents | Description | Bulk weight | Drug contents |
| 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 |
| Kg. | Gr. | Kg. | Gr. | Kg. | Gr. | Kg. | Gr. |
| Medical Hemp | Other narcotic substances declared to bemanufactured drugs | ||||||||||
| Extract of Hemp | Tincture of Hemp | Benzyl morphine and all other co of morphine andtheir salts and preparation | Dihudro morphine (De/audide) and its salts andpreparations | Dihydro codinone (dicodede) and its salts andpreparations. | |||||||
| Description | Bulk weight | Drug contents | Description | Bulk weight | Drug contents | Description | Quantity | Description | Quantity | Description | Quantity |
| 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 |
| Other narcotic substances declared to bemanufactured drugs | ||||
| Dihydro and code/ none (Eucodal) its salts andpreparations | No. and date of customs receipts for duty paid incase of imports by sea and invoice no. and date in case of supplyobtained otherwise | To whom sold, no, and name of license holder andname and address in the case of others | Name of the practitioners on whose prescriptionthe issue is made | |
| Quantity | Acedicone | |||
| 34 | 35 | 36 | 37 | 38 |
| Transmission Pass 4(SeeRule18)Counterfoil.Form of pass for the transmissionof the (here enter name of drug)...(To be issued quadruplicate, hardcopy being kept as counterfoil in the Office of issue, another tobe returned to the consignor to the Deputy Commissioner Collectorof the district to which the consignment is sent after noting thedetails of the drugs consigned in the form on the back of thefoil, the third to be sent to the authority of exportingdistrict, and the fourth to accompany the consignment).Pass granted to (here enter name ofconsignee)…..import fromtransport from orvia (enter localities and district…..intoFrom there state district)NarcoticdrugsCoca leaves(Other than prepared opium) to asspecified below........The amount of (here statedescription and weight or quantity of each kind of drug) oneounce equals to 437.5 grains avoirdupis)This pass must be used withinonemonth from the date of its issue. The duplicate shall be returnedby the consignor after the despatch of the consignment to theCollectorDeputy CommissionerCollector(here enter district)The bulk no the consignment shallnot be broken in transit.PlaceDateCollector(Here enter the kind ofdrug allowed to be imported inter State exported inter Statetransported e. g. (1) Coca doand coca leaf, (2)medicinal hemp, (3) medicinal opium or (4) morphine, diacetylmorphine (official or non-official preparations) as the case maybe. They should be entered on the licence and duplicate andtriplicate copies there of also,Details of consignmentThe drugs specifiedbelow....Have this day the 19 beon despatched by (model of conveyance) in.....(State number anddescription of packages)Description of drugs,quantity of Weight, Packages.Place(Signature of Consignor) | Transmission Pass 4(SeeRule18)Form of pass for the transmissionof the (here enter name of drug)...To be returned by the consignor tothe Collector, Dy. Commissioner Collector of the district towhich the consignment is sent after noting details of the drugsconsigned in the form on the back of this foil)Pass granted to (here enter name ofconsignee)inter stateimport from export to inter stateor via transport from there enter locality and district)….into (From here state distt.) toNarcotic drugs coca leaf.Other than prepared Opium) to bespecified below....The amount of (here statedescription and weight or quantity of each drug).(one ounce equal 437.5 grainsavoirdupis)This pass must be used withinonemonth from the date of its issue. The duplicate shall be returnedby the consignor after the despatch of the consignment to theCollectorDeputyCommissionerCollector…...............(hereenter district)The bulk of the consignment shallnot be broken in transitPlace.....Date......CollectorFrom overleaf to be filled upsigned and dated by the consignor and this duplicate to bereturned to theCollectorDeputy CommissionerCollector.....NoDate the 19.....Copy forwarded to the..... forinformationPlaceCollector | Transmission Pass 4(SeeRule18)Triplicate No.Form of pass for the transmissionof the (here enter name of drug)...(To be sent to the authority of theexporting district)Pass granted to (here enter name ofconsignee) import inter State from export inter State or via(here enter locality and distt) Transport fromFromIntoFromto...Narcotic drugs coca leaf (otherthan prepared opium) to the amount as specified below:-of (here state description and)weight or quantity of each kind.(one Ounce equals) 437.5 grainsAvoirdupis)This pass must be used withinonemonth from the date of its issue. The bulk of the consignmentshall not be broken in transit.PlaceDateCollectorAdvice of consignment of narcoticdrugs.The drugs specified below have thisday the 19 (Mode of consignment....incharge of in (State numberand description of Packages)Description ofdrugs....Quantity ofWeightpackagesDateSignature of Cons.)forwarded to the Coll. | Transmission Pass 4(SeeRule18)Form of Pass for the transmissionof (here enter name of drug)....To accompany the consignment passgranted to here enter name of consignee).…..Import inter State from exportinter State to or via (here enter export to….intofrom (here state distt)toNarcotic drugs Coca-leaf (otherthan prepared opium to the amount as specified below:-amount of....(Here State description and weightor quantity of each kind of drug) (one ounce equals 437.5 grainsavoirdupis)This pass must be used withinonemonth from the date of its issue. The duplicate shall be returnedby the consignor after despatch of the consignment to theCollectorDeputy Commissioner/Collector.(here enter district)The bulk of the consignment shallnot be broken in transit.PlaceDateCollectorFrom overleaf to be filled up signed and dated by theconsignor before the consignment leaves his premises. |