33. Sale of opium allowed only to permit-holders or their authorised agents.
(1)Subject to the provisions of sub-rule (3) of this rule, a licensed vendor shall not sell opium by retail to any person except a pass holder holding a pass valid for his shop or a veterinary officer or a person holding a permit for purchase granted by the Deputy Commissioner under Rule 3 (3) and no pass holder shall purchase opium at any shop other than that for which his pass is valid.(2)Use of any other person prohibited. - No person shall, unless specially authorised in writing by the Deputy Commissioner or an officer deputed by him under the general or special order of the Commissioner use or attempt to use for the purchase of opium any pass a standing in any other name than his own.(3)In cases in which a person is authorised by an order under sub-rule (2) of this rule, to act as an agent for other pass holders he may purchase opium on behalf of such other pass holders at the shop for which such passes are valid.(4)Except when authorised to act as an agent for other pass holders under sub-rule (2) of this rule, no person shall have in his possession more than one pass which must stand in his own name.(5)Production of pass or permit at the time of purchase. - In the case of every sale, pass or permit shall be produced, and the licensed vendor or his salesman shall enter on it the amount of the sale and date of the sale and shall sign or initial the entry. The licensed vendor shall not in any one month sell to a pass holder, or to any one duly authorised on his behalf, more than the pass holder's monthly ration as shown in the pass.In cases in which a person is authorised under sub-rule (2) of this rule to act as an agent the licensed vendor shall enter the name of the agent at each sale to him in the sale register.(6)Duplicate copy of pass or permit. - If a registered pass holder looses his pass he may obtain a duplicate pass from the Deputy Commissioner or Superintendent of Excise or in a sub- division from the Sub-divisional Officer on an application stamped with a court fee of Re. 1. The duplicate copy must be stamped 'Duplicate' with a rubber stamp on each page before issue, and the order cancelling the original pass must be communicated to the Circle Excise Officer and the lessee of the shop at which the pass is valid. If the pass is transferred to another shop the order must similarly be communicated to the Circle Excise Officer and the lessee of that shop, where the pass was originally valid.(7)Sale prohibited on pass cancelled. - No licensed vendor shall sell opium on a pass which within his knowledge has been cancelled or ordered to be cancelled. If such a pass is produced at his shop or if a pass is produced in respect of which he has been informed that a duplicate has been issued or which he has reason to believe stands in the name of a person who is dead or has given up the habit or has left the district, he shall seize the pass, an make it over at the earliest opportunity to an officer of the Excise Department.(8)Excise Officer and vendor to be informed when a pass is cancelled. - When a pass is cancelled for any reason or an order is issued directing that a pass should be cancelled, the Circle Excise Officer and the licensed vendor of the shop for which the pass was valid shall be informed immediately.(9)Responsibility of licensees for the enforcement of rules. - All licensed vendors shall assist Excise Officers by all means in their power in the proper maintenance of the records and in the enforcement of the rules regarding the registration and rationing of opium consumers. Failure in this respect will render their licences liable to cancellation.(10)Passes of persons in certain areas cancelled. - All passes of persons resident in the areas of the Province mentioned in Rule 4 shall be deemed to be cancelled except those special passes or permit which have been issued under the orders of the Provincial Government or the Governor of Assam, as the case may be.
