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State of Assam - Section

Section 1 in Assam Opium Rules

1. Definitions.

- In these rules, unless there is something repugnant in the subject or context-
(1)"the Act" means the Opium Act, 1878, as amended from time to time.
(2)"Assam" means the territories for the time being administered by the Governor of Assam.
(3)"Commissioner" means the Commissioner of Excise, Assam.
(4)"Consumer's pass" or "pass" means a ticket or pass given to an opium consumer, in virtue of which he will be entitled to be supplied with excise opium, on payment, from a retail shop.
(5)"Deputy Commissioner" includes the Political Officer and in any provision of these rules includes also any officer empowered by the Government of Assam by name or in virtue of his office to perform the functions of a Deputy Commissioner for the purposes of that provision.
(6)"Excise opium" means opium issued from a Government treasury in Assam.
(7)"Kafa" means a piece of cloth saturated or stained with opium.
(8)"Licensed vendor" means a person to whom a licence for the sale by retail of excise opium has been granted by the Deputy Commissioner under these rules.
(9)"Licensed druggist" means a person to whom a licence for the sale by retail to the public of opium and poppy-heads for medicinal purposes, or for the manufacture and sale for similar purposes of medicinal drugs has been granted by the Deputy Commissioner under these rules.
(10)"Medicinal Drugs" means any mixture with or without neutral materials of any of the forms of opium as defined under Section 3, clauses, (i) and (ii) of the Act but does not include (1) any preparation containing not more than 0.2 per cent of morphine or (2) opium derivative as defined under Section 2 of the Dangerous Drugs Act, 1930.
(11)"Monthly ration" or "ration" when used with reference to a shop for the retail sale of excise opium means the maximum amount of excise opium which has been fixed for the shop under Rule 20, and when used with reference to a consumer means the maximum amount which any consumer may purchase in any one month on his pass.
(12)"Opium" - See definition under Section of the Act.
(13)"Permit holder" means any person other than a pass-holder, to whom a permit has been given to purchase and possess excise opium for medicinal purposes. The term includes the holder of a special permit.
(14)"Poppy-heads" means unlaced capsules of the poppy plant and does not include dry capsules from which opium has been extracted.
(15)"Preventive officer" means an officer of a department mentioned in Section 14 of the Act.
(16)"Qualified medical practitioner" or "approved practitioner" means-
(i)any person registered as a medical practitioner under the Medical Act, 1858, and any Act of Parliament amending the same or under any law for the registration of medical practitioners for the time being in force in any part of British India, or
(ii)any person registered as a dentist under the Dentists' Act, 1878, and any Act of Parliament amending the same, or
(iii)any person possessed of qualifications which render him eligible for registration as medical practitioner or dentist, as the case may be, under Medical Act, 1858, the Dentists' Act,1878, and any Act of Parliament amending the same Acts, or under any law for the registration of medical practitioners or dentists for the time being in force in any part of British India, and who is approved by order of the Deputy Commissioner for the purpose of these rules, or of corresponding rules for the time being in force in any part of British India,
(iv)any person practising veterinary medicine and surgery who has obtained the diploma of a recognised veterinary institution,
(v)any other person engaged in medical, dental or veterinary practice and approved by order of Commissioner for the purpose of these rules :
Provided that the Commissioner may declare any "Medical Practitioner" to be deprived of the privilege of a "Medical Practitioner" under these rules by reason of unprofessional conduct in respect of the import, export, transport, use or prescription of opium or by reason of conviction under the Excise or Opium Act or the Dangerous Drugs Act.
(17)"Seer" means a weight of 80 tolas.
(18)Expressions relating to "sale" include any transfer otherwise than by way of gift.
(19)"Tola" means an weight of 180 grains-English Troy.
(20)"The Government Treasury" means the Government treasury which the Deputy Commissioner has, by general or special order, assigned for the storage and supply of excise opium, and the "Treasury Officer" means the Officer-in-charge of such treasury.
(21)"Vend-fee" means the fee per seer of excise opium which a licensed vendor pays for the privilege of selling the drug by retail in the case of those shops which are settled on the vend- fee system.
(22)"Veterinary Officer" means an officer of the Civil Veterinary Department not below the rank of a Veterinary Assistant Surgeon.