State of Madhya Pradesh - Act
The M.P. Dangerous Drugs Rules, 1959
MADHYA PRADESH
India
India
The M.P. Dangerous Drugs Rules, 1959
Rule THE-M-P-DANGEROUS-DRUGS-RULES-1959 of 1959
- Published on 16 January 1960
- Commenced on 16 January 1960
- [This is the version of this document from 16 January 1960.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
- These rules may be called the Madhya Pradesh Dangerous Drugs Rules, 1959.2. Definitions.
- In these rules unless there is anything repugnant in the subject or context-3. Manufacture.
- A Licensed vendor or licensed druggist may, subject the conditions of his licence, manufacture medicinal opium or any preparation containing morphine, diacetyl-morphine or cocaine from materials which he is lawfully entitled to possess.4. Manufacture by approved medical practitioners and Government officers exempted.
- Approved medical practitioners in the exercise of their profession and officers of Government, who, in the course of their official duty or for the purposes of such duty, are required to manufacture medicinal opium or any preparation containing morphine, diacetyl-morphine or cocaine shall be exempt from the provisions contained in these rules regarding manufacture.III. Possession5. Possession by private person.
- Any person may possess such quantity of manufactured drugs other than prepared opium as has been at one time dispensed and sold for his use on the prescription of an approved medical practitioner :Provided that the prescription is in writing, is dated, is signed by an approved medical practitioner with his full name and address, states the exact quantity of each manufactured drug, gives the full name and address of the person for whose use it is given, and is in the possession of such person or his guardian or a person duly authorised on his behalf.6. Possession by approved medical practitioner.
- An approved medical practitioner may possess for his use, in the exercise of his profession, manufactured drugs other than prepared opium in quantities not exceeding in the aggregate those specified below :| Description of drugs | Quantity | ||
| (1) | (2) | ||
| (i) [ | Cocaine............ | [14,175] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs. | |
| (ii) | Medical hemp........... | [283,500] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs. | |
| (iii) | Medicinal opium......... | [283,500] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs | |
| (iv) | Morphine, diacetyl morphine and admixtures of alkaloids ofthese drugs. | [7,700] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs. of pure drugs or[226,800] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs. of these drugs inall forms of admixture of alkaloids. | |
| (v) | Pethidine Hydrochloride.......... | [72,000] [Substituted by Notification No. 1031-1539-1-SR, dated 23-3-1963.]Mgs. | |
| (vi) [ [Inserted by Notification No. 1226-372-SR, dated 23-4-1969.] | Metdadone]........... | 1 Gram] |
7. Possession by licensed vendor or licensed druggist.
- A licensed vendor or licensed druggist may possess such quantity of coca leaf and manufactured drugs other than prepared opium and in such manner as may be specified in his licence.8. Exemptions.
- The following institutions shall be exempt from the provisions contained in these rules regarding the possession of coca leaf and manufactured drugs other than prepared opium :-9. Import by private persons.
- Any person may import such manufactured drugs other than prepared opium as he may lawfully possess under rule 5.10. Import by others.
| Cases in which licence may be granted | Authority granting the licence |
| (1) | (2) |
| (i) For supplies required for hospitals, dispensaries andveterinary dispensaries working under Government Supervision,subsidized dispensaries, and railway hospitals and dispensaries. | The indent shall be countersigned by the Director of HealthServices, Director of Veterinary Services, the District Surgeonor of the Railway Administration concerned as the case may be.This indent shall be regarded as a licence. |
| (ii) Other medical institutions specially authorised by theExcise Commissioner. | The indent shall be countersigned by the Civil Surgeon of thedistrict and such indent shall be regarded as a licence. |
| (iii) In all other cases. | The Collector of the district. The licence shall be in FormD.D.R. 3. |
11. Import subject to restrictions specified in the import licence.
- A person to whom a licence has been granted under these rules for the import of coca leaf and manufactured drugs other than prepared opium shall import only such quantity and in such manner as may be specified in his licence.V. Export12. Export.
- Export of coca leaf and manufactured drugs other than prepared opium, may be permitted by the Excise Commissioner under a licence in Form D.D.R. 3. Such licence shall not be granted except on the production of an import licence, issued by an officer duly authorised in that behalf by the Government of the importing State.VI. Transit13. Transit.
- A licence in Form D.D.R. 3, for the transit of coca leaf and manufactured drugs other than prepared opium consigned to any other State through Madhya Pradesh may be granted by the Excise Commissioner on application by the Chief Excise authority of that State. The articles shall be carried in sealed packages and shall not be opened en route.VII. Transport14. Transport.
- A licence for the transport of coca leaf and manufactured drugs other than prepared opium within the limit of possession authorised may be granted by the following authorities :-| Cases in which licence may be granted | Authority granting the licence |
| (1) | (2) |
| (i) For supplies required for hospitals, dispensaries andveterinary dispensaries working under Government Supervision,subsidized dispensaries, and railway hospitals and dispensariesand military hospitals and dispensaries. | The indent shall be countersigned by the Inspector General ofCivil Hospitals, Director of Veterinary Services, Chief MedicalOfficer in charge of Military Hospital or dispensaries, or theDistrict Surgeon of the Railway company as the case may be. Thisindent shall be regarded as a licence. |
| (ii) Other medical institutions specially authorised by theExcise Commissioner. | The indent shall be countersigned by the Civil Surgeon of thedistrict and such indent shall be regarded as a licence. |
| (iii) In all other cases. | The Collector of the district. The licence shall be in FormD.D.R. 3. |
15. Transmission by post.
- Import, export or transport of coca leaf and manufactured drugs other than prepared opium by in land post is prohibited, except by licensed druggists and licensed vendors and shall be subject to the following conditions :-16. Licence for sale..
| Licence for the sale of | Quantity allowed and licence fee payable for | |||
| Druggist's licence | Vendor's licence | |||
| Quantity | Rs. | Quantity | Rs. | |
| (1) | (2) | (3) | (4) | (5) |
| (i) [ Coca derivatives and coca leaf [Substituted by Notification No. 1031-1539-V-SR, dated 23-3-1963.] | 28,350 Mgs. | 10 | 56,700 Mgs. | 5 |
| (ii) Medical Hemp -(a) Extract of hemp(b) Tincture of hemp | 425,250 Mgs.4,252,500 Mgs | 22 | 567,000 Mgs.56,70,000 Mgs. | 11 |
| (ii) Medical opium or Tincture opium | 425,250 Mgs.42,52,500 Mgs. | 10 | 567.000 Mgs.56.70.000 Mgs. | 5 |
| (iv) Morphine, diacctyl morphine or official or non-officialpreparations containing more than 0.2 per cent of morphine orcontaining any diacetyl-morphine. | 15,440 Mgs. of pure drugs or 2,26,000 Mgs. of these drugs inall forms of admixtures of alkaloids | 10 | 15,440 Mgs. grains of pure drugs or 2,26,000 Mgs. of thesedrugs in all forms of admixtures of alkaloid | 5 |
| (v) Pethidine Hydrochloride | 1,44,000 Mgs. | 10 | 1,44,000 Mgs. | 5] |
| (vi) [ Metdadone [Inserted by Notification No. 1226-372-SR, dated 23-4-1969.] | 2 Grams. | 10 | 2 Grams. | 5] |
17. Sale by a licensed vendor.
- A licensed vendor may, subject to the conditions of his licence, sell only to the following persons :-18. Sale by a licensed druggist.
- A licensed druggist may, subject to the conditions of his licence, sell only on prescriptions of approved medical practitioners such coca leaf or manufactured drugs other than prepared opium as may have been allowed in his licence. He shall maintain a written record of every such sale as laid down in his licence and as ordered by the Excise Commissioner from time to time.X. General19. Exemptions.
20. Additional accounts, returns to be maintained by others.
- The importer of manufactured drugs, the manufacturer of drugs and the Chemist and Druggist shall maintain the registers of accounts, returns, etc., in forms D.D.R. 7, D.D.R. 8 and D.D.R. 9 respectively.21. The personal character of the privilege.
- Every licence granted under these rules shall be deemed to have been granted personally to the licensee named therein and shall, on the expiry thereof, be surrendered to the District Excise Officer. If any licence-holder dies during the currency of his licence such licence shall forthwith cease to be in force.22. Cancellation of licence or order.
- Subject to any directions that the Excise Commissioner may give in this behalf, the officer who has granted a licence to, or has by order approved or authorised, any person under these rules may cancel or suspend such licence or order-23. Stock of drugs to be made over to Collector on expiration, cancellation or suspension of a licence or order.
- On the expiration, cancellation or suspension of any licence granted or any order passed under these rules, the holder thereof shall forthwith make over to the Collector all manufactured drugs and coca leaf in his possession and shall, with the prior sanction of the Collector, dispose of these drugs to any other person authorised to possess them under these rules or under rules for the time being in force in any part of India within two calendar months from the date of such expiration, cancellation or suspension of the licence or order. If the Collector so directs, the drugs made over to him as aforesaid shall be sealed by an officer appointed by him in that behalf and shall be kept in the custody of the holder until they are disposed of.24. Disposal of drugs deposited on cancellation of licence.
25.
The provisions of these rules shall not apply to the importation, exportation, transport, possession or sale of codeine, dionin and their respective salts, unless the quantity involved in any transaction or possessed at any one time exceeds [450 grammes] [Substituted by Notification No. 3236-1436-V-SR, dated 25-10-1963.].26. Supplementary directions by the Excise Commissioner.
- Subject to the provisions of the Act and these Rules, the Excise Commissioner may, from time to time, give such directions and prescribe such forms, returns and registers as he may think fit, for the purpose of carrying out the provisions of the Rules.XI. Appeal and Revision27. An appeal shall lie from an original or appellate order of an excise officer as follows, namely.
28.
29.
Any order passed by an excise officer may be revised by the State Government, the Excise Commissioner or the Collector to whom such officer is subordinate under these rules either on its or his own motion, or on the application of any person or party interested, and, in the latter case such application shall be presented in the same manner as a memorandum of appeal.30.
The State Government may transfer any appeal or application for revision from the Excise Commissioner or a Collector to any other officer authorised to dispose of such appeal or application under clause (c) or clause (d) of rule 2 of these rules.Form D.D.R. 1.Licence for the Sale of Coca Leaf and Manufactured Drugs Other Than Prepared Opium, by a Vendor.Under rule 16 of the Madhya Pradesh Dangerous Drugs Rules, 1959, and in consideration of the payment or a fee of Rs.......... the receipt of which is hereby acknowledged licence is granted to you............ to sell............. otherwise than on prescription on your premises in.............. street, in the town of........... in the district of.......... during the year ending the 31st March 20 subject to the following conditions namely:-Conditions1. You shall not transfer this licence to any other person.
2. You shall not have in your possession more than............. [milligrams] [Substituted by Notification No. 1031-1539-V-SR, dated 23-3-1963.] of [...............] [Here enter the kind of the drugs that may be sold, e.g., (1) coca derivatives and coca leaf, (2) medicinal hemp, (3) medicinal opium, or (4) morphine diacetyl-morphine or official or non-official preparations containing more than 0.2 per cent of morphine or containing any diacetyl-morphine, as the case may be.] and other allied drugs taken together.
3. You shall not sell except on the premises for which this licence is granted.
4. You shall not sell [..................] [Here enter the kind of the drugs that may be sold, e.g., (1) coca derivatives and coca leaf, (2) medicinal hemp, (3) medicinal opium, or (4) morphine diacetyl-morphine or official or non-official preparations containing more than 0.2 per cent of morphine or containingany diacetyl-morphine,as the case maybe.] except to the following persons in quantity not exceeding what they may respectively lawfully possess-
5. You shall maintain a correct account of transactions in the following form a separate page being set aside for each different preparation of the drug.
| Date | Opening Balance | Quantity received this day and whence received | Total quantity to be accounted for |
| (1) | (2) | (3) | (4) |
| Quantity sold this day | Full name of purchaser | Full address | Balance | Remarks |
| (5) | (6) | (7) | (8) | (9) |
6. You shall file all import passes properly.
7. You shall produce your licence, file of passes and account book and your stock for inspection immediately on demand of any officer specially or generally authorized by the Collector or any officer not below the rank of Sub-Inspector of Excise or Police or of Naib-tahsildar. In support of the receipt you shall produce the permits and invoices of supplies obtained.
8. This licence may be cancelled by the Collector if any breach of any of the provisions of the Dangerous Drugs Act, 1930 (II of 1930), or of the rules made there under or of the above mentioned conditions is committed by you or by any person employed by you on the premises for which this licence granted.
Dated......20....Collector...............DistrictForm D.D.R. 2.Licence for the Sale of Coca Leaf and Manufactured Drugs Other Than Prepared Opium by a DruggistUnder rule 16 of the Madhya Pradesh Dangerous Drugs Rules, 1959, and in consideration of the payment of a fee of Rs.......... the receipt of which is hereby acknowledged licence is hereby granted to you.......... druggist to sell [..........] [Here enter them kind of the drugs that may be sold, e.g., (1) coca derivatives and coca leaf, (2) medicinal hemp, (3) medicinal opium, or (4) morphine diacetyl-morphine or official or non-official preparations containing more than 0.2 percent of morphine or containing any diacetyl-morphine, as the case may be.] bona fide as medicine from your premises in...........street, in the town of............. in the district of............ during the year ending the 31st March 19.... subject to the following conditions, namely:-Conditions1. You shall not transfer this licence to any other person.
2. You shall not have in your possession at any one time more than........... [milligrams] [Substituted by Notification No. 1031-1539-V, dated 23-2-1963.] of.............
3. You shall not sell except on the premises for which this licence is granted.
4. You shall obtain the drugs to be sold under this licence from a licensed vendor thereof in India and you shall not receive or have in your possession any such drugs obtained otherwise.
5. You shall not sell to any person other than a person producing the prescription of an approved medical practitioner and not exceeding such quantity as may be entered in such prescription.
6. You shall not sell coca leaf or the manufactured drugs specified above unless the prescription is in writing, is dated, is signed, by an approved medical practitioner with his full name and address and give the full name and address of the person for whose use it is given. You shall not sell more than once on the authority of a prescription unless it contains a superscription by an approved medical practitioner stating that it is to be repealed, the intervals at which it is to be repeated, and the number of limes it is to be repealed.
7. You shall retain every prescription on the authority of which you sold the drug;
Provided that you shall first warn the person presenting the prescription that unless it bears a superscription as aforesaid it will be retained and not repealed.8.
9. You shall not store any manufactured drug or coca leaf to be sold under this licence in any premises other than those named herein.
10. You shall keep a correct account in the following form to be balanced at the close of each day a separate set of pages being set aside for each different preparation of the drug stocked by you:-
| Date | Opening balance | Quantity received this day and whence received | Total quantity to be accounted for | Quantity sold this day |
| (1) | (2) | (3) | (4) | (5) |
| Full name of purchaser | Full addresses | Date of prescription and name of approved medicalpractitioner who issued it | Balance | Remarks |
| (6) | (7) | (8) | (9) | (10) |