State of Odisha - Act
The Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989
ODISHA
India
India
The Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989
Rule THE-ORISSA-NARCOTIC-DRUGS-AND-PSYCHOTROPIC-SUBSTANCES-RULES-1989 of 1989
- Published on 25 October 1989
- Commenced on 25 October 1989
- [This is the version of this document from 25 October 1989.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2.
In these Rules, unless there is anything repugnant in the subject or context-3. No person shall without a licence, permit or pass, possess, import inter.
- State poppy straw except as herein after provided.4. Possession.
5. Sale.
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.7. Import Inter-State and Export Inter-State.
8.
9. Transport.
- Any person holding a permit in Form Poppy-I 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.10.
11. Export from India.
12. Miscellaneous.
- No railway administration shall-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.14.
Any Revenue Officer, not below the rank of a Revenue Inspector or an officer of the Food and Drug Administration, not below the rank of Inspector or any officer of the 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.15. Accounts and Returns.
16. Possession.
17.
18.
19.
Every person holding a licence in Form OP 11-A shall keep in Form G daily accounts of the quantities of medicines containing opium purchased and sold by him.20.
21.
22.
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 OP 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 provision 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.24. Sale.
- Depots for the sale of opium shall be established at such places as the State Government may from time to time direct.25.
Opium required for sale at a depot may be obtained from Ghazipur in the Uttar Pradesh. Opium may also be obtained from such other place as the State Government may direct.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 OP I or OP II or OP II-A may sell medicines containing opium to the extent and subject to the conditions laid down in his licence :Provided further that Excise Officer not below the rank of Sub-Inspector shall be competent to sell opium to person holding licence in Form OP III or to authorised persons.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 OP I or OP II or OP II-A may, under a pass granted under Rule 28, import inter-State medicines containing opium from any other State in India.28.
29. Export Inter-State.
30. Transport.
31.
No packet containing opium shall or medicine be opened during its transport :Provided that nothing contained in this rule shall apply to person holding a permit in Form OP III.32.
33. Miscellaneous.
- No railway administration shall-34.
35.
In the case of preparations and admixtures containing opium (which are 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 exhibits-36.
Notwithstanding anything contained in these Rules, it shall be lawful for any person to buy, possess, transport, consume of 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.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-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 a Government depots established under Rule 24.39.
40. Possession.
41.
42.
43.
Every person holding a licence in Form B-II-A shall keep in Form N daily accounts of the quantities of medicines containing ganja purchased and sold by him.44.
45.
46.
47.
48.
Depots for the sale of ganja shall be established at such places as the State Government may from time to time direct.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 Excise may direct.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-I or B-II-A may sell medicines containing ganja to the extent and subject to the conditions laid down in his licence :Provided further that one Excise Officer not below the rank of S.I. shall be competent to sell ganja to persons holding licence in Form B-III or to the authorised persons.51.
A person holding a licence in Form B-I or B-II or B-II-A may, under a pass granted under Rule 52(2), import inter-State medicines containing ganja from any other State in India.52.
53. Export inter-State.
54. Transport.
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.56.
57. Miscellaneous.
- No railway administration shall-58.
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 of the labels affixed to them shall plainly exhibit-60.
Notwithstanding anything containing 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 o.ne time be dispensed or sold to him in accordance with the prescription of a registered medical practitioner.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-62.
Notwithstanding anything contained in the foregoing rule, no licence, permit or pass shall be necessary for the purchase, possession, transport and sate of ganja by or on behalf of Government depots, established under Rule 48 or for cultivation of ganja in Government Firms.63.
64. Manufacture.
- The manufacture of medicinal opium is prohibited save under and in accordance with the conditions of a licence in Form P annexed hereto granted by the Commissioner of Excise.Chapter-V Manufactured Drugs65. Manufacture.
- No licenced 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.66.
No licenced chemist shall dispense manufacture drugs except on prescription and in accordance with the conditions of his licence.67. Possession.
- 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 Rule 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.68.
69.
70.
A Medical Officer or an approved practitioner possessing manufactured drugs under Rule 69, shall-71.
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.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.74. Imports Inter-State, Export Inter-State and Transport.
- No person shall .import inter-State, export inter-State or transport manufactured drugs except in such Quantities as he may lawfully possess under Rule 67.75.
76.
77.
78.
No person shall, without an authorisation granted to him under these Rules for the import inter-State of any manufactured drugs import that drugs exceeding such quantity and otherwise than in such manner as may be specified in such authorisation.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-80.
81.
No person, unless he is authorised in this behalf by the Drugs Controller by special order made under Rule 92 shall export inter-State opium derivatives or medicinal hemp exceeding such quantity and otherwise then in such manner as may be specified in such order.82.
No person shall, without any authorization granted to him under these Rules for the transport of manufactured drugs, transport such drugs exceeding such quantity and otherwise than in such manner as may be specified in such authorization :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.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 Drugs Controller.84.
Except as provided in Rules 85, no person shall import interstate 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 Orissa.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 :86.
Nothing in these Rules shall be deemed to permit the import inter-State of manufactured drugs from any parts of India outside the State of Orissa unless the rules for the time being in force in such parts of India relating to the export inter-State have been complied with.87. Sale.
88.
No licensed chemist shall sell manufactured drugs otherwise than on prescription and subject to the conditions of his licence.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 drugs to any Government Officer who is duly authorised by the State Government in this behalf to possess such drugs 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 keep on his record.90.
A prescription for the supply of manufactured drugs shall comply with the following conditions :91. Authorisation, Licenses and passes authorise.
- The Drugs Controller may by a general or special order,92.
The Drugs Controller, 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.93.
| NDPS-1 | ..... | Fees of rupees 20per annum |
| NDPS-2 | ..... | Fees of rupees 20per annum : |
94.
The Licensing Authority or such other officer, as the Licensing Authority may empower in this behalf may grant to any licenced dealer in manufactured drugs, or a 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.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 along with 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 seeks 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 bona fide Government purposes and intimates the facts to the Drugs Controller and the concerned authority of the place from and to which the drug is to be exported.96.
When any manufactured drugs is to be transported, the person intending to transport the same shall first obtain a transport authorisation in Form NDPS-6, from the Licensing Authority or such other officer as may be authorised by the Drugs Controller 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 Drugs Controller 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.97.
98.
In the case of preparation 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 the 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 of sufficient particulars to admit of the ready calculations of such quantity.99.
All preparations containing more than 0.2 per cent of morphine or 0.1 per cent of cocain 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 drugs, may be imported, exported, transported, possessed or sold without any restriction.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 V-A] [Inserted vide Orissa Gazette Extraordinary No.970 dated 6.7.1999.] Special provisions relating to use of morphine100A.
In this chapter unless the context otherwise requires :100B.
Notwithstanding anything contrary to these rules, the possession, transport, purchase, sale, import inter-State, export inter-State use of morphine by a recognised medical institution shall be regulated under this Chapter.100C.
100D.
100E.
Every recognised medical institution shall send their annual requirement of morphine in Form M-3 by the 30th November each year alongwith the name and address of the supplier from whom they intend to buy, to the drugs controller.100F.
The Drugs Controller after receiving the annual requirement of mophine from different recognised medical institutions in Form M-3 shall consider the same and if necessary call for further clarifications. A reply on approved estimate or non-approved estimate shall be sent before the 21st of December of the same year. A copy of the communication shall be sent each to the supplier whose name has been given in the estimate, if the supplier is located in another State, the Drugs Controller General of India and the Narcotics Commissioner of India.100G.
If the requirement of the recognised medical institution exceeds the annual estimate approved by the Drug Controller, the recognised medical institution may send a supplementary estimate at any time to the Drugs Controller which shall be considered and dealt with by the Drugs Controller in the manner as provided in Rule 100-F.100H.
100I.
All records under this Chapter shall be kept for a period of two years from the date of their transaction which shall be open for inspection to the officers empowered by the Government under Sections 41 and 42 of the Act.100J.
The stocks of morphine under the custody of a recognised medical institution shall be kept open for inspection by the Drugs Controller or any other officer subordinate to him or the officers of Government empowered under Sections 41 and 42 of the Act.100K.
Any institution/person aggrieved by any decision of or order passed by the Drugs Controller relating to recognition, revocation of recognisition of any institution or estimates may appeal to the Secretary to Government in the Health and Family Welfare Department within ninety days from the date of communication of such decision or order, who shall after hearing the parties, pass such orders as may be deemed appropriate.Chapter-VI Miscellaneous101.
102.
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.104. Appeal.
105. Revision.
- The State Government may call for and examine the record of any order passed by any officer or authority subordinate to it tor 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.106. Power to issue supplementary instructions.
107. Supersession and Saving.
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 'Poppy-2' or from any place outside the State of Orissa 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.
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-
7. The 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. The Permit shall remain in force from ............to........ (both day inclusive).
Granted this..........day of.......20.....| Seal :Place | Signature and designation of theOfficer granting thepermit |
| Total quantity of poppy strawspermitted to beused during a month | |||||
| Date | Quantity obtained from a licensee | Quantity imported | No. and date of import inter-State pass | Signature of the selling licence | Signature of the local Excise Officer |
1.
2. 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.
3.
4. 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, and an 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.
5. 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.
6. 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.
7. The licensee shall maintain at the shop a visit book, duly passed and stamped with the seal of the Superintendent of Excise in which visiting officers may record their remarks.
8. The licensee, his heirs, legal representatives or assignees shall have no claim whatsoever, to the 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 of 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.
9. This licence may be suspended or cancelled in accordance with the provisions of these rules.
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 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........20......Place :Collector/Authorised OfficerForm 'Poppy-3'[See Rule 7]Pass for import inter-State of poppy straws(Counterfoil)(For office use)Serial No............. Date...................... 20.........................[Shri.....................of........] [Name and full address of the importer.]Messrsis/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 importedThis pass is granted under and subject to the provisions of the Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989 and subject to the following conditions :| Quantity received | |||||
| Date | Opening balance | Quantity | Name and address of the person from whom received | Number and date of the import pass, Transportpass | Total of columns (2) and (3) |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Quantity exported | Quantity | Quantity sold to licensees in the State | |||
| Quantity | Name and address of the person to whom exported | No. and date of the export pass | Name and address of the licensee to whom sold | No. and date of the transport pass | |
| (7) | (8) | (9) | (10) | (11) | (12) |
| Quantity to permit-holder | Quantity sold to individuals not holding permits | Total of columns (7), (10), (13) and (14) | Closing balance | Remarks | Signature of the licensee |
| (13) | (14) | (15) | (16) | (17) | (18) |
| Date | Name and address of the person to whom poppystraws are sold | Number of the licence or permit, if any ofpurchaser | Quantity sold | Purpose for which sold | Signature of the purchaser of the No. and date ofthe transport or export pass held by the purchaser | Remarks | Signature of the licensee |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
| No. and description of packages | Gross weight | Mark and No. of containers | Value | No. and date of pass | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |
2. I/We................here declare that the above particulars are true and correctly stated.
Signature(s) of applicant(s) orhis/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.
| Place...........Date............ | Signature of the Excise Officer(Authorised Officer) |
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.........20...................
| Place...........Date............ | Signature of Preventive Officer,CountersignedSignatureof Customs Collector. |
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 the Exporter........... |