Genève, le 15 rears 1937. TRAFIC DE L'OPIUM ET AUTRES ...

71
SOCIETE CES NATIONS. Communiqué au Conseil et aux Membres de C-17 S.M.125.1937.XI. Genève, le 15 rears 1937. la Société. TRAFIC DE L'OPIUM ET AUTRES DROGUES NUISIBLES. INDE : Loi sur les drogues nuisibles de 1930 (il de 1930) et règlements et déclarations communiqués par le gouvernement de 1TInde, en application de ladite loi. Conformément à 1'article 21 de la Convention de 1931 pour limiter la fabrication et réglementer la distribution des stupéfiants, le Secrétaire général a 11 honneur de trans- mettre ci-joint, aux Etats parties à ladite Convention ainsi qu'aux autres Etats, le texte de la loi sus-mentionnée. TRAFFIC IN ODIUM ANI OTHER DANGEROUS DRUGS. INDIA: The Dangerous Drugs Act, 1930 (II of 1930) and rules and declarations made by the Government of India thereunder. Communicated by the India Office, London. Note bv the Secretary-General. In accordance with Article °1 of the Convention for limiting the manufacture and regulating the distribution of narcotic drugs of 1931, the Secretary-General has the honour to communicate herewith to the Parties to the Convention and to the other States the text of the above-mentioned Act. Communiqué par lM,India Office'*, Londres. Note du Secrétaire général. LEAGUE OF NATIONS.

Transcript of Genève, le 15 rears 1937. TRAFIC DE L'OPIUM ET AUTRES ...

SOCIETE CES NATIONS.

Communiqué au Conseil et aux Membres de

C-17 S.M.125.1937.XI.

Genève, le 15 rears 1937.la Société.

TRAFIC DE L'OPIUM ET AUTRES DROGUES NUISIBLES.

INDE : Loi sur les drogues nuisibles de 1930 (il de 1930) et règlements et déclarations communiqués par le gouvernement de 1 TInde, en application de ladite loi.

Conformément à 1'article 21 de la Convention de 1931 pour limiter la fabrication et réglementer la distribution des stupéfiants, le Secrétaire général a 1 1 honneur de trans­mettre ci-joint, aux Etats parties à ladite Convention ainsi qu'aux autres Etats, le texte de la loi sus-mentionnée.

TRAFFIC IN ODIUM ANI OTHER DANGEROUS DRUGS.

INDIA: The Dangerous Drugs Act, 1930 (II of 1930) and rules and declarations made by the Government of India thereunder.

Communicated by the India Office, London.

Note bv the Secretary-General.

In accordance with Article °1 of the Convention for limiting the manufacture and regulating the distribution of narcotic drugs of 1931, the Secretary-General has the honour to communicate herewith to the Parties to the Convention and to the other States the text of the above-mentioned Act.

Communiqué par l M,India Office'*, Londres.

Note du Secrétaire général.

LEAGUE OF NATIONS.

NF—DR.

GOVERNMENT OF INDIA

FINANCE DEPARTMENT (Central Revenues).

The Dangerous Drugs Act, 1930 (II of 1930), and rules and declarations made by the Govern­

ment of India thereunder.

P u b l i s h e d b y M a n a g e r o r P u b l ic a t io n s , D e l h i .

P r i n t e d b y t h e M a n a g e r , G o v e r n m e n t o f I n d i a P r e s s . N e w D e l h i .

1936.

Price annas 3 or id.

GOVERNMENT OF INDIA

FINANCE DEPARTMENT (Central Revenues).

The Dangerous Drugs Act, 1930 (II of 1930), and rules and declarations made by the Govern­

ment of India thereunder.

P u b l i s h e d b t M a n a g e r o f P u b l i c a t i o n s , D e l h i .

P k i n t e d b y t h e M a n a g e s , G o v e r n m e n t o f I n d i a P b e s s , N e w D e l h i .

1956.A

List of Agents in India from whom Government of India Publications are available.

(a ) P rovincial governm ent bo o k Dsp o t s .

M a d ra s :— S uperin tendent, G overnm ent P ress, M ount R oad, M adras.

B om bay :— Superin tenden t, G overnm ent P r in tin g an d S ta tionery , Q ueen's R oad , B oa.ua y .Sin d M anager, S ind G overnm en t B ook-D epot, K arach i (S adar).

U n ite d P ro v in c e s ^ S u p e r in te n d e n t , G overnm ent P ress, A llahabad.

PUNJAB :— S uperin tendent, G overnm ent P r in tin g , P un jab , Lahore.

B u rm a :—Superin tenden t, G overnm ent P r in tin g , B urm a, Rangoon.C e n t r a i P r o v in c e s :—S uperin tendent, G overnm ent P rin ting , C entral Provinces, N agpur.

ASSAM:— S uperin tendent, Assam S ecre ta ria t P ress, Shillong.

B ih a r a n d O ris sa :—Superin tenden t, G overnm ent P rin ting , P . O. Gulzarbagh, P a tn a . N o r th - W e s t F r o n t i e r P ro v in g » :— M anager, G overnm ent P r in tin g and S ta tionery , Peshaw ar.

(b) P r i v a t e B o o k -s e lx e rs .

A dvani B ro the rs , P . O. B ox 100, Cawnpore.A ero Stores, K arachi.*A lbert L ib rary , D acca.B anerjee & B ros., R anch i, Messrs. G.B an th iya & Co., L td ., S ta tion R oad , A jm er.B engal F ly ing Club, D um Dum C antt.*B haw nani & Sons, New Delhi.Book Com pany, C alcutta.B ooklover s R esort, Taikad, T rivandrum , S o u th In d ia . B urm a Book Club, L td .. Rangoon.B u tte rw o rth & Co. (India), L td ., C alcutta.C alcutta Book Agency, 16-1, Sham a C haran Dey S tree t,

C alcutta.C hatterjee & Co., 3 , B acharam C hatterjee L ane , C alcutta. C hukervertty , C hatterjee & Co., L td ., 13, College Square,

C alcutta.C ity Book Co., M adras.C ity Book H ouse, M eston R oad, Cawnpore.Commercial Book Co., Lahore.Das G up ta & Co., 54/3, College S tree t, C alcutta.Deccan Book S ta ll, Poona 4.Delhi and U . P . F ly ing C lub, L td ., Delhi.*E nglish B ook D epot, Ferozepore.English Book D epot, Taj R oad , A gra, and S addar B azar,

Jh an si.E nglish Book D epot, B ank R oad , A m bala C an tt. and

K asauli.E nglish B o o k sta ll,K arach i.F a q ir Chand M arwah, Peshaw ar C an tt.F ono Book Agency, Sim la.Gaya P rasad & Sons, Agra.G ran tba M andir, C uttack .H igginbotham s, M adras.

Mindu L ib rary , 137/F, B alaram De S tree t, C alcu tta, yderabad Book D epot, C haderghat, H yderabad

< Deccan).Im peria l Book D epot and Press, near J a m a M asjid

(M achhliwalan), Delhi.In d ia n A rm y B ook D epot, D ayalbagh, Agra.In d ia n A rm y Book D epot, Ju llu n d u r C ity an d D arya-

gan ;. D elhi.In d ia n Book Shop, B enares C ity.In d ia n School Supply D epot, C en tra l A venue-S ou th ,

P . O. D haram ta la , C alcutta.Insu rance P ublicity Co., L td ., Lahore.In te rn a tio n a l Book Service, Poona 4.Jacque* & Co., K am ptee R oad, N agpur, Messrs. N eston. J a in a & B ros., Mori G ate, Delhi, and C onnaught Place,

New Delhi. Messrs. J . M.Jam es M urray & Co., 12, G o v t.P lace , C alcu tta (forM eteo-

rological pub lications only).K ali C haran & Co., M unicipal M arket, C alcu tta.K am ala Book D epot, 15, College Square, C alcu tta. K am ala Book Stores, B ankipore , P a tn a .K a rn a tak a Publishing H ouse, Bangalore C ity .K eale & Co., K arach i.K ita b ls tan , 17-A, C ity R oad, A llahabad.K rishnasw am i & Co., T eppakulam P . O., T richinopoly

F o r t , Messrs. S.L ah iri & Co., C alcu tta , Messrs. S. K .Law P rin ting H ouse, 11, M ount R oad ,M ad ras .Law Publishing Co., M ylapore, M adras.Lawrence and M ayo, L td ., B om bay (for M eteorological

publications only).Local Self Govt. In s ti tu te . Bom b ay.London Book C o .(Ind ia ),A rbab R oad ,P eshaw ar,M urree ,

Nows hers, Rawalpindi*

London B ook D epot. B. I . B aza r, Bareilly, U. P. M essrs. U . P . M alhotra & Oo., P o s t Box No. 94, Lahore M odem Book D epot, B azar R oad , S ia lko t Cantonment*

M ohanlal D ossabhai Shah, R ajk o t.M otilal B an a rs i D à s , O rien ta l Booksellers, Saidmitta

S tree t, Lahore.N andkishore & B ros., Chowk, Benares C ity.N ateson & Co., Publishers, George Town, Madraî,

Messrs. G. A.New Book Co., ** K ita b M ahal,” 192, Hornby B

B om bay.N ew m an & Co., L td ., C alcu tta, Messrs. W .N o rth In d ia C hristian T rac t and Book Society. 1R

Clive B oad , A llahabad. ’Oriental Book Supplying Agency, 15, Shnkiawar, Porni

City.O xford Book and S tationery Com pany, Delhi, Lahore

Simla, M eerut and C alcutta.P a rik h & Co., B aroda, Messrs. B .P ioneer Book Supply Co., 20, Shib N arayan Das lane,

C alcutta and 219, C loth M arket, Delhi.P opu lar B ook D epot, G ran t R oad. Bombay.P u n jab Religious Book Society, Lahore.R aghuna th P rasad & Sons, P a tn a C ity,R am a K rishna & Sons, B ooksellers, Anarkali, Lahore, R am K rishna B ros., Opposite B ishram bag, Poona City, R am N ara in L ai, K a tra , A llahabad.R am esh Book D epot & Stationery M art, Kashmere

G ate, Delhi.R ay & Sons, 43, K . & L . Edw ardes Road, Rawalpindi,

M urree and Peshaw ar, Messrs. J .R ay Chowdhury & Co., 119, A shutosh Mukherjee Boad,

B haw anipur, C alcutta.Rochouse & Sons, M adras.R oy Chowdhury & Co., 11, College Square, Calcutta,

Messrs. N . M.Sam pson W illiam & Co., 127-B, The Mall.Cavmpnr. S a rca rA Sons, 15, College Square, Calcutta, Messrs M.C. S arkar & Co., L td ., 18, Sham a C haran De Street, and

8/2, H astings S treet, C alcutta, Messrs. P. C. Scientific Publishing Co., 9, T alto la Lane, Calcutta. Seshachalam & Co., M asulipatam , Messrs. M.Shivji & Co., P . O. Chauliaganj, C uttack.Shri S hankar K a rn a tak a P u s tak a B handara, Malamuddi,

D harw ar.S . P . B ooksta ll, 21, B udhw ar, Poona.S tandard B ooksta ll,K aracn i.S tandard B ookstall, Q uetta .S tandard Book D epot, L ahore, Dalhousie and Delhi. S tandard Law Book Society, 5, H astings Street, Calcutta S tandard L ite ra tu re Com oany, L td .,C alcu tta . Students* P o p u la r D epot, K acheri R oad, Lahore.S u ra t and D istric t Trading Society, S urat. T araporevala Sons & Co.. B om bay, Messrs. D. B. T hacker & Co., L td .. B om bay T hacker, Spink & Co., L td ., C u lcu tta and Simla. , T rip a th i & Co., Booksellers, Princes Street, Kalbaderi

R oad, B om bay, Messrs. N . M.Union Stores, Indore City.U niversity Book Agency, K acheri R oad , Lahore. U pper In d ia Publishing H ouse, L td ., L i t e r a t u r e Palace,

A m m uddauia P a rk , Lucknow.V aradachary <ft Co., M adras Messrs. P .

I V enkatasubban , A ., Law B ookseller, Vellore. W heeler & Co., A llahabad, C alcutta and Bombay,

M essrs. A .H . ...1 Y oung M an & Co., Aimer, and E gerton Read, Del»»

• A g e n t fo r pub lica tions on A vJation on ly .

TABLE OF CONTENTS

Pages.

1. The D angerous D rugs Act, 1930] . . . . . 1— 18

2. Rules an d declarations m ade by the G overnm ent of In d iau nder th e D angerous D rugs A ct, 1930—

I.—D eclarations—

1. A dditional restric ted drugs . . . . . 18— 10

2. E xem pted drugs . . . . . . . 19— 26

3- In ter-provincia l im port an d export . . . 26— 30

II .— R ules—

1. C entral Opium Rules, 1934 . . . . . 31— 362- B erar O pium R ules, 1934 . . . . . 36 —38

3. C entral M anufactured D rugs Rules, 1934 . . 38— 41

4- B erar M anufactured D rugs Rules, 1934 . . . 41— 455. D angerous D rugs (Im port, E x p o rt and T ranshipm ent)

Rules, 1933 . . . . . . 45— 55

6. B erar D angerous D rugs (Im port an d E xport) Rules, 1934 55—61

7- C entral Charas (Im port b y land) Rules, 1935 . . 62— 65

THE DANGEROUS DRUGS ACT, 1930.

(II o f 1930.)

(vis subsequently amended.)

THE DANGEROUS DRUGS ACT, 1930.

C O N T E N T S .

C H A PTER I.

P r e l i m i n a r y .

S e c t i o n s .

1. Short title , ex ten t an d com m encem ent.

2. Definitions.

3. Calculation of percentages in liquid preparations.

C H A PTER II .

P r o h i b i t i o n a n d C o n t r o l .

4. Prohibition o f certa in operations.

5. Control of Governor General in Council over production an d supplyof opium.

6. Control of Governor General in Council over m anufacture o f m a n u ­factured drugs.

7. Control o f Governor General in Council over operations a t land andsea frontiers.

8. Control o f Local G overnm ent over in ternal traffic in m anufactureddrugs an d coca leaf.

9. Control of Local G overnm ent over ex ternal dealings in dangerousdrugs.

C H A PT E R I I I .

O f f e n c e s a n d P e n a l t i e s .

10. Punishm ent for contravention o f section 4.

11. Punishm ent for contravention o f section 5.

12. Punishm ent for contravention of section 6.

13. P unishm ent for contravention o f section 7.14. P unishm ent for contravention o f section 8.

15. P un ishm ent for allowing premises to be used for commission of anoffence.

16. E nhanced pun ishm ent for certain offences afte r previous convic­tion.

9

S e c t i o n s .

17. E nhanced punishm ent for offence under section 15 afte r previousconviction.

18. Security for abstain ing from commission of certain offences.

19. P en a lty for con traven tion o f section 9.

20. A ttem pts.

21. A betm ents.

C H A P T E R IV .

P ro c ed u b e .

22. Pow er to issue w arran ts.

23. Power of en try , search, seizure and arrest w ithou t w arran t.

24. Pow er of seizure an d a rres t in public places.

25. Mode of m aking searches an d arrests.

26. O bligation on officers to assist each other.

27. R epo rt o f a rrests an d seizures.

28. P unishm ent for vexatious en try , search, seizure or arrest.

29. D isposal o f persons arrested an d of articles seized.

30. Power to invest Excise officers w ith powers of an officer in charge ofa police station .

31. Ju risd ic tion to t r y offences.

32. P resum ption from possession o f illicit articles.

33. L iab ility o f illicit articles to confiscation.

34. P rocedure in m aking confiscations.

35. Power to m ake rules regulating disposal o f confiscated articles andrewards.

C H A PT E R V.

M i s c e l l a n e o u s .

36. Provisions regarding rules.

37. Recovery o f sum s due to G overnm ent.

38. A pplication of th e Sea Custom s A ct, 1878.

39. Saving of local an d special laws.

40. A m endm ent of ce rta in enactm ents.

41. Saving o f th ings a lready done.

S c h e d u l e I .— F orm of bond to absta in from th e commission o f offences under th e D angerous D rugs, A ct, 1930.

S c h e d u l e I I .—A m endm ents o f local Acts.

ACT No. II o f 1930.

[P a s s e d b y t h e I n d ia n L e g is l a t u r e .]

(.Received the assent of the Governor General on the 1st March, 1930.)

An Act to centralise and Test in the Governor General in Council the control over certain operations relating to dangerous drugs and to increase and render uniform throughout British India the penalties for offences relating to such operations.

Wh e r e a s India participated in the Second International Opium Conference, which was convoked in accordance with the

resolution of the Assembly of the League of Nations dated the 27th day of September 1923, met a t Geneva on the 17th day of November 1924, and on the 19th day of February 1925, adopted the Convention relating to Dangerous Drugs (hereinafter referred to as the Geneva Convention) ;

A n d w h e r e a s India was a State signatory to the said Geneva Convention ;

A n d w h e r e a s the Contracting Parties to the said Geneva Convention resolved to take further measures to suppress the contraband traffic in and abuse of Dangerous Drugs, especially those derived from opium, Indian hemp and coca leaf, such measures being more particularly set forth in the Articles of the said Geneva Convention ;

A n d w h e r e a s for the effective carrying out of the said measures it is expedient tha t the control of certain operations relating to Dangerous Drugs should be centralised and vested in the Governor General in Council ;

A n d w h e r e a s it is also expedient tha t the penalties for certain offences relating to Dangerous Drugs should be increased, and th a t all penalties relating to certain operations should be rendered uniform throughout British India ;It is hereby enacted as follows :—

CHAPTER I.P r e l im in a r y .

1. Short title, extent and commencement.—(2) This Act may be called the Dangerous Drugs Act, 1930.

{2) I t extends to the whole of British India, including British Baluchistan and the Sonthal Parganas.

4

(3) I t shall come into force on such date as the Governor General in Council may, by notification in the Gazette of India, appoint.

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

(a) “ coca leaf ” means—(i) the leaf and young twigs of any coca plant, that is,

of the Erythroxylon coca (Lamk) and the Erythroxylon novo-granatense (Hiern.) and their varieties, and of any other species of this genus which the Governor General in Council may, by notification in the Gazette of India, declare to be coca plants for the purposes of this Act ; and

(ii any mixture thereof, with or without neutral materials ; but does not include any preparation containing not more than O11 per cent, of cocaine ;

(b) “ coca derivative ” means—(i) crude cocaine, th a t is, any extract of coca leaf which

can be used, directly or indirectly, for the manufacture of cocaine ;

(ii) ecgonine, th a t is, lævo-ecgonine having the chemical formula C9H15N 03H20 , and all the derivatives of lævo-ecgonine from which it can be recovered ;

(in) cocaine, th a t is, methyl-benzoyl-lævo-ecgonine having the chemical formula C17H 21N 0 4, and its salts ; and

(iv) all preparation, officinal and non-officinal, containing more than 0 • 1 per cent, of cocaine ;

(c) “ hemp ” means—(i) the leaves, small stalks and flowering or fruiting tops

of the Indian hemp plant (Cannabis sativa L.), including all foms known as bhang, siddhi, or ganja ;

(ii) charas, th a t is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary for packing and transport ; a!nd

(Hi) any mixture, w ith or without neutral materials, of any of the above forms of hemp or any drink prepared therefrom ;

(d) “ medicinal hemp ” means any extract or tincture ofhemp ;

(e) “ opium ” means—(i) the capsules of the poppy (Pajpaver somniferum L.) ;

(ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations

5

other than these necessary for packing and transport ; and

(iii) any mixture, with or without neutral materials, of any of the above forms of opium ;

but does not include any preparation containing not more than 0 - 2 per cent, of morphine ;

(/) “ opium derivative ” means—(i) medicinal opium, tha t is, opium which has undergone

the processes necessary to adapt i t for medicinal use in accordance with the requirements of the British Phar­macopoeia, whether in powder form or granulated or otherwise or mixed with neutral materials ;

(ii) prepared opium, tha t is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked ;

(iii) morphine, tha t is, the principal alkaloid of opium having the chemical formula Cl7H 19N 0 3, and its salts ;

(iv) diacetylmorphine, th a t is, the alkaloid, also known as diamorphine or heroin, having the chemical formula C21H 23N 0 5, and its salts ; and

(y) all preparations, officinal and non-officinal, containing more than 0 • 2 per cent, of morphine, or containing any diacetylmorphine ;

(g) “ manufactured drug ” includes—(i) all coca derivatives, medicinal hemp and opium

derivatives ; and(ii) any other narcotic substance which the Governor

General in Council may, by notification in the Gazette of India made in pursuance of a recommendation under Article 10 of the Geneva Convention (or in pursuance of any international convention supplementing the Geneva Convention) declare to be a manufactured drug ;but does not include any preparation which the Governor General in Council 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 drug ;

(h) “ dangerous drug ” includes coca leaf, hemp and opium,and all manufactured drugs ;

(i) “ to import into British India ” means, subject to the provisions of clause (j), to bring into British India by land, sea or air ;

6

(j) “ to import inter-provincially ” means to bring into one province from another, and includes—

(i) the bringing of a dangerous drug into a province from any territory of a Prince or Chief in India which is adjacent to or enclosed by the territories of such pro­vince, which the Governor General in Council may, by notification in the Gazette of India declare to be inter- provincial import ; and

(ii) bringing into one province from another, in the course of a continuous journey, by sea or through the territory of a Prince or Chief in India ;

(k) “ to export from British India ” means, subject to the provisions of clause (I), to take out of British India by land, sea or air ;

(I) “ to export inter-provincially ” means to take out of one province into another, and includes—

(i) the taking of a dangerous drug out of a province into any territory of a Prince or Chief in India which is adjacent to or enclosed by the territories of such pro­vince, which the Governor General in Council may, by notification in the Gazette of India, declare to be inter-provincial export ; and

(ii) taking out of one province into another, in the course of a continuous journey, by sea or through the territories of a Prince or Chief in India ;

(to) “ to transport ” means to take from one place to another in the same province ; and

(n) " territory of a Prince or Chief in India ” includes any territory in which the Governor General in Council exercises powers or jurisdiction by virtue of the Indian (Foreign Jurisdiction) Order in Council, 1902.

3. Calculation of percentages in liquid preparations.—The Governor General in Council may make rules prescribing the method ‘by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (a), (b), (e) and (/) of section 2 :

Provided that, unless and until such rules are made such per­centages shall be calculated on the basis th a t a preparation con­taining one per cent, of a substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

7

CHAPTER II.

P r o h ib it io n a n d Co n t r o l .

4. Prohibition of certain operations.—(2) No one shall—(а) cultivate any coca plant, or gather any portion of coca

plant,(б) manufacture or possess prepared opium, unless it is pre­

pared from opium lawfully possessed for the consump­tion of the person so possessing it, or

(c) import into British India, export from British India, tranship or sell prepared opium :

Provided th a t this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of Government.

(2) “ The Local Government may make rules restricting and regulating the manufacture and possession of prepared opium from opium which is lawfully posssessed under clause (b) of sub-section( 1 ) ” -

5. Control of Governor General in Council over production and supply of opium.—(1) No one shall—

(а) cultivate the poppy {Papaver somniferum L.), or(б) manufacture opium,

save in accordance with rules made under sub-section (2) and with the conditions of any licence for tha t purpose which he may be required to obtain under those rules.(2) The Governor General in Council may make rules permitting

and regulating the cultivation of the poppy (Papaver somniferum L.) and the manufacture of opium, and such rules may prescribe the form and conditions of licences for such cultivation and manu­facture, the authorities by which such licences may be granted, the fees tha t may be charged therefor, and any other m atter requisite to render effective the control of the Governor General in Council over such cultivation and manufacture.

(3) The Governor General in Council may also make rules permitting and regulating the sale of opium from Government factories for export or to Local Governments or to manufacturing chemists.

6. Control of Governor General in Council over manufacture of manufactured drugs.— (1) No one shall manufacture any manufac­tured drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence for tha t purpose which he may be required to obtain under those rules.

8

(2) The Governor General in Council may make rules permitting and regulating the manufacture of manufactured drugs, other than prepared opium, and such rules may prescribe the form and con­ditions of licences for such manufacture, the authorities by which such licences may be granted and the fees tha t may be charged therefor, and any other m atter requisite to render effective the control of the Governor General in Council over such manufacture.

(3) Nothing in this section shall apply to the manufacture of medicinal opium or of preparations containing morphine, diacetyl­morphine or cocaine from materials which the maker is lawfully entitled to possess.

7. Control of Governor General in Council over operations at land and sea frontiers.—(1) No one shall—

(a) import into British India,(b) expert from British India, or(c) tranship

any dangerous drug, other than prepared opium, save in accord­ance with rules made under sub-section (2) and with the conditions of any licence for tha t purpose which he may be required to obtain under those rules.

(2) The Governor General in Council may make rules permitting and regulating the import into and export from British India and the transhipment of dangerous drugs, other than prepared opium, and such rules may prescribe the ports or places at which any kind of dangerous drug may be imported, exported or transhipped, the form and conditions of licences for such import, export or transhipment, the authorities by which such licences may be granted, the fees tha t may be charged therefor, and any other m atter requisite to render effective the control of the Governor General in Council over such import, export and transhipment.

8. Control of Local Government over internal traffic in manu­factured drugs and coca leaf.— (1) No one shall—

(а) import or export inter-provincially, transport, possess orsell any manufactured drug, other than prepared opium, or coca leaf, or

(б) manufacture medicinal opium or any preparation con­taining morphine, diacetylmorphine or cocaine,

save in accordance with rules made under sub-section (2) and with the conditions of any licence for tha t purpose which he may be required to obtain under those rules.

(2) The Local Government may, subject to the control of the Governor General in Council, make rules permitting and regulating—

(a) the inter-provincial import and export into and from the territories under its administration, the transport, pos­

9

session and sale of manufactured drugs, other than prepared opium, and of coca leaf ; and

(6) the manufacture of medicinal opium or of any preparation containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess.

Such rules may prescribe the form and conditions of licences for such import, export, transport, possession, sale and manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matters requisite to render effective the control of the Local Government over such import, export, transport, possession, sale and manufacture.

(3) Save in so far as may be expressly provided in rules made under sub-section (2), nothing in this section shall apply to manu­factured drugs which are the property and in the possession of Government :

Provided tha t such drugs shall not be sold or otherwise delivered to any person who, under the rules made by the Local Government under this section, is not entitled to their possession.

9. Control of Local Government over external dealings in danger­ous drugs.—No one shall engage in or control any trade whereby a dangerous drugs is obtained outside British India and supplied to any person outside British India, save in accordance with the conditions of a licence granted by and at the discretion of the Local Government.

CHAPTER III .

O f f e n c e s a n d P e n a l t ie s .

10. Punishment for contravention of section 4.—Whoever—(а) cultivates any coca plant or gathers any portion of a coca

plant,(б) manufactures or possesses prepared opium otherwise than

as permitted under section 4, or(c) imports into British India, exports from British India,

tranships or sells prepared opium,

shall be punished with imprisonment which may extend to two years, or with fine, or with both :

Provided th a t this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of Government.

10

11. Punishment for contravention of section 5.—Whoever, in contravention of section 5, or any rule made under tha t section, or of any condition of a licence granted thereunder,

(а) cultivates the poppy, or(б) manufactures opium,

sh a ll be punished with imprisonment which may extend to two years, or with fine, or with both.

12. Punishment for contravention of section 6.—Whoever, in contravention of section 6, or any rule made under th a t section, or any condition of a licence granted thereunder, manufactures any manufactured drug, shall be punished with imprisonment which may extend to two years, or with fine, or with both.

13. Punishment for contravention of section 7.—Whoever, in contravention of section 7, or any rule made under th a t section, or any condition of a licence granted thereunder,

(а) imports into British India,(б) exports from British India, or(c) tranships

any dangerous drug, shall be punished with imprisonment which may extend to two years, or with fine, or with both.

14. Punishment for contravention of section 8.—Whoever, in contravention of section 8, or any rule made under tha t section, or any condition of a licence issued thereunder,

(a) imports or exports inter-provincially, transports, possessesor sells any manufactured drug or coca leaf, or

(b) manufactures medicinal opium or any preparations con­taining morphine, diacetylmorphine or cocaine,

shall be punished with imprisonment which may extend to two years, or with fine, or with both.

15. Punishment for allowing premises to be used for the commis­sion of an offence.—Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle, or place, knowingly permits it to be used for the commission by any other person of an offence punishable under section 10, section 12, section 13, or section 14, shall be punished with imprisonment which may extend to two years, or with fine, or with both.

16. Enhanced punishment for certain offences after previous conviction.—Whoever, having been convicted of an offence punish­able under section 10, section 12, section 13, or section 14, is guilty of any offence punishable under any of those sections, shall be subject for every such subsequent offence to imprisonment which may extend to four years, or to fine, or to both.

17. Enhanced punishment for offence under section 15 after previous conviction.—Whoever, having been convicted of an offence

I t

punishable under section 15, is again guilty of an offencê punishable under that section, shall be subject for every such subse­quent offence to imprisonment which may extend to four years, or to fine, or to both.

18. Security for abstaining from commission o f certain offences, —il ) Whenever any person is convicted of an offence punishable under section 10, section 12, section 13, or section 14, and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court, may, at the time of passing sentence on such person, order him to execute a bond for at sum proportionate to his means, with or without sureties, fo i abstaining from the commission of such offences during such period not exceeding three years, as it thinks fit to fix.

(2) The bond shall be in the form contained in Schedule I, and the provisions of the Code of Criminal Procedure, 1898, shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an appel­late Court, or by the High Court when exercising its powers of revision.

19. Penalty for contravention of section 9.—Whoever engages in or controls any trade whereby a dangerous drug is obtained outside British India and supplied to any person outside British India otherwise than in accordance with the conditions of a licence granted under section 9, shall be punished with fine which may extend to

one thousand rupees.20. Attempts.—Whoever attempts to commit an offence punish­

able under this Chapter, or to cause such an offence to be com­mitted, and in such attempt does any act towards the commission of the offence, shall be punished with the punishment provided for the offence.

21. Abetments.—(1) Whoever abets an offence punishable under this Chapter shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian Penal Code, be punished with the punishment provided for the offence.

(2) A person abets an offence within the meaning of this section who, in British India, abets the commission of any act in a place without and beyond British India which—

(a) would constitute an offence if committed within British India ; or

B

12

(6) under the law of such place, is an offence relating to dangerous drugs having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute i t an offence punishable under this Chapter, if committed within British India.

CHAPTER IV..

P r o c e d u r e .

22. Power to issue warrants.—(1) The Collector or other officer authorised by the Local Government in this behalf, or a Presidency Magistrate or a Magistrate of the first class, or a Magistrate of the second class specially empowered by the Local Government in this behalf, may issue a w arrant for the arrest of any person whom he has reason to believe to have committed an offence punishable under Chapter I I I , or for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe any dangerous drug in respect of which an offence punishable under Chapter I I I has been committed is kept or concealed.

(2) The officer to whom a search warrant under sub-section(2) is addressed shall have all the powers of an officer acting under section 23.

23. Power of entry, search, seizure and arrest, without warrant.—(1) Any officer of the department of Excise, Police, Customs, Salt, Opium, or Revenue, superior in rank to a peon or constable, authorised in this behalf by the Local Government, who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, th a t any dangerous drug in respect of which an offence punishable under Chapter I I I has been committed is kept or concealed in any building, vessel or enclosed place, may, between sunrise and sunset,—

(a) enter into any such building, vessel or place ;(b) in case of resistance, break open any door and remove any

other obstacle to such entry ;(c) seize such drug and all materials used in the manufacture

thereof and any other article which he has reason to believe to be liable to confiscation under section 33 and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter I I I relating to s u c h

drug ; and(d) detain and search, and, if he think proper, arrest any person

whom he has reason to believe to have committed an offence punishable under Chapter I I I relating to such drug ;

Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, vessel or enclosed place at any time between sunset and sunrise, after recording the grounds of his belief.

(2) Where an officer takes down any information in writing under sub-section (1), or records grounds for his belief under the proviso thereto, he shall forthwith send copy thereof to his imme­diate official superior.

24. Power o f seizure and arrest in public places.—Any officer of any of the departments mentioned in section 23 may—

(а) seize, in any public place or in transit, any dangerous drug in respect of which he has reason to believe an offence punishable under Chapter III has been committe'd, and, along with such drug, any other article liable to confis­cation under section 33, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter III relating to such drug ;

(б) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter III, and, if such person has any dangerous drug in his possession and such possession appears to him to be unlawful, arrest him and any other persons in his company.

25. Mode of making searches and arrests.—The provisions of the of 1898. Code of Criminal Procedure, 1898, shall apply, in so far as they are

not inconsistent with the provisions of sections 22, 23 and 24, to all warrants issued and arrest and searches made under those sections.

26. Obligations on officers to assist each other.— All officers of the several departments mentioned in section 23 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act.

27. Report of arrests and seizures.—Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior.

28. Punishment for vexatious entry, search, seizure or arrest.— Any person empowered under section 23 or section 24 who—

(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, vessel or place ;

i(6) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any

b2

14

dangerous drug or other article liable to be confiscated under section 33, or of seizing any document or other article liable to seizure under section 23 or section 24 ; or

(c) vexatiously and unnecessarily detains, searches or arrests any person,

shall be punished with fine which may extend to five hundred rupees..

29. Disposal of persons arrested and of articles seized.—(1) Every person arrested and article seized under a warrant issued under section 22 shall be forwarded without delay to the authority by whom the warrant was issued ; and every person arrested and article seized under section 23 or section 24 shall be forwarded without delay to the officer in charge of the nearest police station or to the nearest officer of the Excise Department empowered under section 30.

(2) The authority or officer to whom any person or article is forwarded under this section shall, with all convenient despatch,, take such measures as may be necessary for the disposal according: to law of such person or article.

30. Power to invest Excise officers with powers of an officer in charge of a police station.—The Local Government may invest any' officer of the Excise Department or any class of such officers, with the powers of an officer in charge of a police station for the investigation of offences under this Act.

31. Jurisdiction to try offences.—No Magistrate shall try an offence under this Act unless he is a Presidency Magistrate or a Magistrate of the first class, or a Magistrate of the second calss: specially empowered by the Local Government in this behalf.

32. Presumption from possession of illicit articles.—In trials under this Act it may be presumed, unless and until the contrary is proved, tha t the accused has committed an offence under Chapter III in respect of—

(a) any dangerous drug ;

(ib) any poppy or coca plant growing on any land which he1 has cultivated ;

(c) any apparatus specially designed or any group of utensilsspecially adapted for the manufacture of any dangerous, drug ; or

(d) any materials which have undergone any process towardsthe manufacture of a dangerous drug, or any residue left of the materials from which a dangerous drug has been, manufactured,

for the possessien of which he fails to account satisfactorily.

15

33. Liability of illicit articles to confiscation.—(1) Whenever any offence has been committed which is punishable under •Chapter III , the dangerous drug, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.

(2) Any dangerous drug lawfully imported, transported, manu­factured, possessed, or sold along with, or in addition to, any dangerous drug which is liable to confiscation under sub-section(1), and the receptacles, packages and coverings in which any

■dangerous drug, materials, apparatus or utsnsils liable to confisca­tion under sub-section (1) is found, and the other contents, if any of such receptacles or packages, and the animals, vehicles, vessels and other conveyances used in carrying the same, shall likewise be liable to confiscation :

Provided tha t no animal, vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved tha t the owner thereof knew th a t the offence was being, or was to be or was likely to be, committed.

34. Procedure in making confiscations.—(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the Court shall decide whether any article seized under this Chapter is liable to confiscation under section 33 ; and, if it decides th a t the article is so liable, it may order confiscation accordingly.

(2) Where any article seized under this Chapter appears to be liable to confiscation under section 33, but the person who commit­ted the offence in connection therewith is not known or cannot be found, the Collector or other officer authorised by the Local Gov­ernment in this behalf, may inquire into and decide such liability, and may order confiscation accordingly :

Provided tha t no order of confiscation of an article shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim :

Provided, further, that, if any such article, other than a -dangerous drug, is liable to speedy and natural decay, or if the Collector or other officer is of opinion tha t its sale would be for the benefit of its owner, he may at any time direct it to be sold ; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.

(3) Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation.

16

35. Power to make rules regulating disposal of confiscated articles and rewards.—The Governor General in Council may make rules to regulate—

(a) the disposal of all articles confiscated under this A ct,and

(b) the rewards to be paid to officers, informers and otherpersons out of the proceeds of fines and confiscations, under this Act.

CHAPTER V.

M is c e l l a n e o u s .

36. Provisions regarding rules.—(J) All rules made under this Act shall be subject to the condition of previous publication.

(2) Rules made by the Governor General in Council shall be published in the Gazette of India, and rules made by a Local Gov­ernment shall be published in the local official Gazette or, where there is no local official Gazette, in the Gazette of India.

(3) Rules made by a Local Government shall not be inconsistent with any rules made by the Governor General in Council, and shall be void to the extent of any such inconsistency.

37. Recovery of sums due to Government.—(1) Any arrear of any licence fee chargeable by any rule made under this Act may be re­covered from the person primarily liable to pay the same or from his surety (if any) as if it were an arrear of land-revenue.

(2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section 18) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty, within the meaning of section 74 of the Indian Contract Act, 1872 ; I X o f I

and, upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrear of land-revenue.

38. Application of the Sea Customs» Act, 1878.—All prohibitions and restrictions imposed by or under this Act on the import into British India, the export from British India, and the transhipment of dangerous drugs, shall be deemed to be prohibitions and restric­tions imposed under section 19 or section 134 of the Sea Customs Act, 1878, and the provisions of that Act shall apply accordingly : VIHol

Provided that, where the doing of any thing is an offence punish­able under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.

17

on of1857.

39. Saving of local and special laws.—(1) Nothing in this A ct or in the rules made thereunder shall affect the validity of any enactment of a local Legislature for the time being in force, or of any rule made thereunder, which imposes any restriction not imposed by or under this Act, or imposes a restriction greater in degree than a corresponding restriction imposed by or under this Act, on the consumption of or traffic in any dangerous drug within British India.

(2) Nothing in this Act or in the rules made thereunder shall affect the validity of the Opium Act, 1857 ;

Provided that, where the doing of any thing is an offence punishable under th a t Act and under this Act, nothing in th a t Act or in this sub-section shall prevent the offender from being punished under this Act.

40. Amendment of certain enactments.—The enactments specified in the first three columns of *Schedule I I are hereby amended to the extent and in the manner mentioned in the fourth column thereof.

41. Saving of things already done.—When anything done under any enactment specified in the first three columns of Schedule I I is in force immediately prior to the commencement of this Act, it shall be deemed, as from the commencement of this Act, to have been done under this Act or under tha t enactment as hereby- amended, as the case may require.

Sc h e d u l e i .

B o n d t o a b s t a i n f r o m t h e c o m m iss io n o f o f f e n c e s u n d e r t h b D a n g e r o u s D r u g s A c t , 1930.

(See section 18.)Whereas I (name), inhabitant of (place), have been called upon

to enter into a bond to abstain from the commission of offences under section 10, section 12, section 13 and section 14 of the Dangerous Drugs Act, 1930, for the term of ,1 hereby bindmyself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to His Majesty the King, Emperor of India, the sum of rupees

Dated this day of 19(Signature.) •

(Where a bond with sureties is to be executed, add—)

We do hereby declare ourselves sureties for the above-named th a t he will abstain from the commission of

*Not reproduced.

18

offences under section 10, section 12, section 13 and section 14 of the Dangerous Drugs Act, 1930, during the said term ; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to His Majesty the King, Emperor of India, the sum of rupees

Dated this day of 19 .

(Signatures).

RULES AND DECLARATION MADE BY THE GOVERN­MENT OF INDIA UNDER THE DANGEROUS DRUGS ACT, 1930 (II of 1930).

I.—Declarations.

1. A d d i t io n a l R e s t r i c t e d D x t g s .

In pursuance of sub-clause (ii) of clause (g) of section 2 • of the Dangerous Drugs Act, 1930 (II of 1930), and of the recommenda­tions of the Health Committee of the League of Nations under Article 10 of the Geneva Convention, the Governor General in Council is pleased to declare the following narcotic substances to be manufactured drugs, namely :—

(1) The following opium derivatives, namely, eucodal anddicodide, and their respective salts and any preparation, admixture and extract containing either of them ;

(2) The following narcotic drugs, namely, dilaudide andbenzoyl-morphine and other esters of morphine, and salts and preparations of dilaudide, benzoyl-morphine and other esters of morphine ;

(3) Acedicone and its salts and preparations ;(4) All the esters and salts of ecgonine ;(5) Thebaine and its salts ;(6) Dihydrohydrooxycodeinone, dihydrocodeinone, dihydro-

morphinone, acety-dihydrocodeinone or acetyldemethylo dihydrothebaine, dihydromorphine, their esters and the salts of any of these substances and of their esters, morphine—N—oxide (commonly known as genomorphine), the morphine—N—oxide derivatives, and any other pentavalent nitrogen morphine derivatives ;

7. Methylmorphine commonly known as codeine, and ethyl* morphine, commonly known as dionin and their respective salts ; and — -------- — -------- - ---- ------

19

8. Other ethers of morphine (including benzylmorphine) and their respective salts.

[Governm ent of Ind ia , F inance D epartm en t (C.R.) N otification No. 2- Dangerous D rugs, d a ted 10th Ja n u a ry 1931, as am ended by th e G overnm ent o f India, F inance D ep a rtm en t (C. R.) Notification No. 4-Dangerous D rugs, dated 27th A ugust 1932 and No. 6-Excise and Opium, dated 25th Novem ber 1933.]

2. E x e m p te d d e t jg s .

In pursuance of sub-plause (ii) of clause (g) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), and of findings by the Health Committee of the League of Nations under Article 8 of the Geneva Convention, and in supersession of the Notification of the Government of India in the Finance Department (Central Revenues), No. 3-Dangerous Drugs, dated the 10th January 1931, the Governor General in Council is pleased to declare tha t any pre­paration named in the first column of the schedule annexed hereto, being of the composition specified in the corresponding entry of the second column, shall not be a manufactured drug :

Provided tha t no such preparation, however, named in the said schedule, shall be offered to the public under the name “ anti-opium ” .

Schedule.

P reparation . Composition.

(re) M o r p h i n e - P r e p a r a t i o n ; - .

Tn 1 bougie1. Certoli iodoformi et Iodoform 0 ■ 320 gram m e

morphinæ. _ M orphine hydrochloride . O' Olfi gram m eOil of theobrom a, suffici­

en t to fill a 1-Grammem ould.

2. Emplastrum opii. Elem i 20Terebinthina. 30Cera flava 15Olibanum pulvis . 18Benzoes pulvis 10Opii pulvis . 5Balsamum peruvianum . 2

3. Emplastrum opii. E x tra c t of opium . 25 gramm esR efined elemi 25 „D iachylon p laste r w ith

• ■, r. 'gum 50 „

20

Preparation. Composition.

4. Emplastrum opii.

6. Emplastrum opii.

6. Emplastrum opii (see fo r ­m u la under 5) m ixed w ith o ther p lasters contained in th e B ritish P h a rm a ­copoeia or B ritish P h a r ­m aceutical Codex.

7. Linim entum opii.

Elem i . . . . 8 grammesTerebinthinœ communia . 15 fyCerœ flavœ . 5 ,,Olibanipulveratœ . 8 ,,Benzoes pulveratœ . 4 ,,Opii pulverati 2 ,,Balsami peruviani 1 gram m e

Opium, in very fine pow der 10 gram m es R esin p laste r . . 90 „

T incture of opium L inim ent of soap .

600 millilitres 500 „

8. Linimentum opii (see fo r­m ula under 7) m ixed w ith an y o ther lin im ent o f th e B ritish Pharm acopoeia or o f th e B ritish P h a r ­m aceutical Codex.

9. Linim entum opii ammoni- atum.

10. Linim entum opii ammo- niatum (see form ula under 9) m ixed w ith any other B ritish P h a rm a ­copoeia or B ritish P h a r ­m aceutical Codex lin i­m ent.

11. Caustic “ Nerve Patt*s ” .

A m m oniated linim ent ofcam phor . . 30 '

T incture of opium . 30L inim ent o f belladonna . 5Strong solution of am m o­

n ia . . . 6L inim ent of soap to 100.

P reparation* containing, in addition to’ m orphine salts, o r m orphine and cocaine- sa lts , a t least 25 per cent, of arsenioua acid, and m ade up w ith th e requisite proportion of creosote o r phenol > to pro­duce the consistency of a paste.

21

P reparation . Composition.

12. Diarrhcea pills. Cam phor O' 0648 gram m eL ead acetate 0-013 „B ism uth subn itra te 0-162 „Tannic acid . . 0-0648 „Opium pow der 0-026

13. Pilulas digitalis et Opii Digitalis leaves, in pow der O' 31 gram m ecomposites. Opium in powder .

Ipecacuanha roo t, in0- 19 „

pow der 0-13 „Quinine sulphate .Syrup o f glucose, a suffi­

c ien t quan tity to m ake 12 pills.

0-78 „

14. Piluloe hydrargyri cum M ercury pill 3" 89 gram m e»'Opio. Opium, in powder

To m ake 12 pills.0" 19 gram m e

15. Pilulce hydrargyri cum M ercury w ith chalk 0" 78 gram m eCreta et Opii. Com pound powder o f ipe­

cacuanha .Milk sugar, a sufficient

quantity .Syrup of glucose, a suffi­

cient quan tity .

O '78 „

To m ake 12 pills.

16. Pilulas ipecacuanhas cum Compound pow der of ipe­Scilla. cacuanha (see form ula

under 21) . 30 gram m esSquill, in powder . 10 „Ammoniacum , in powder Syrup of glucose, a suffi­

cient quan tity .

10 „

17. Pilulœ hydrargyri bichlo- Bichloride of m ercuryrati cum Opii extracto. tr itu ra te d 10 centigram m es

E x tra c t of opium . 20 „E x tra c t of couch-grass . Liquorice root in pow der,

q. s. for 10 pills.

20 „

18. Pilulœ hydrargyri iodati H ydrargyrum iodatum50 centigram m escum Opii pulvere. freshly prepared.

Opium powder 20Powdered liquorice W hite honey, tj. 3. fo r 10

pills.

30

19. Pilula plumbi, cum Opio. Lead acetate , in powder 80 gram m esOpium , in powder 12 „Syrup of glucose .

(or a sufficient q u a n ­tity .)

8 „

% 22

Preparation.

'20. P ilulœ terebinthinœ com­posite.

Composition.

-21. P ulvis ipecacuanhœ com - positus (D over’s powder).

-22. M ix tures o f Dovers poicder ( s e e form ula under 21) w ith m ercu ry and chalk , aspirin , phenace- tin , quinine and its salts, and sodium bicarbonate.

:23. Pulvis kino compositus.

:24. Sterilised Solutions of Morphine and Atropine in Ampoules of 1.1 c. c. hav ing a m axim um con ­te n t o f 2 p e r cent, of m orphine sa lts and a m inim um co n ten t of O' 05 p er cent, of atropine salts.

-25. Suppositoria plumbi com- posita.

:26. Coryza Tablets No. 2

27. Diarrhcea Tablets No. 2

O piumGhinini sulfas Stiiraz liquidas Terebinthina laricina Magnesii subcarbonas, a

sufficient q u an tity to m ake 100 pills.

Ipecacuanha root, in pow ­der

Opium, in powder Potassium su lphate in

powder

O' 5 gramme 2 grammes

2 „8 „

10 gramm es10 „

80 „

K ino, in powder Opium, in powder

75 grammes 5 „

Cinnamon bark , in pow der 20

Lead aceta te , in powderOpium, in pow derOil o f theobrom a, a suffi­

c ien t q u a n tity for 12 suppositories, each weighing abou t 1 gram m e.

Powdered opium .Quinine sulphAmmon, chi or.Cam phorE x t. belladonna leaves .E x t. aconite ro o t .

Powdered opium .Cam phorPow der ipecacuanhaLead a c e t i te

gram m esgramme

O' 0043 gramme 0 '022 „ 0-022 0-022 „0-0043 „ 0-0043 „

O' 016 gramme 0-016 ~ „ 0-008 „ 0-011

23

Preparation. Composition.

28. Dysentry Tablets

29. Tabella hydrargyri Opio.

30. Tabella plumbi cum Opio

31. Tablettœ plumbi cum Opio

Powdered opium . Pow dered ipecacuanha Pow dered calomel L ead ace ta te B ism uth betanaph tho l

32. ünguentum gallœ compo- situm.

33. Unguentum gallœ compo- situm (see form ula under 32) m ixed w ith o ther ointm ents and plasters contained in th e B ritish Pharmacopoeia or B ritish Pharm aceutical Codex.

34. Unguentum gallœ cum Opio.

35. Unguentum gallœ cum Opio (see form ula under 34) m ixed w ith o ther ointm ents and plasters contained in th e B ritish Pharm acophia or B ritish P harm aceutical Codex.

0" 013 gram m e 0-0648 „0-0324 „ 0-0324 „0- 1944 „

Mercurous powder.

A ntim ony oxide powder Ipecacuanha-root powder Pow dered opium .M ilk sugar .Gelatine solution, a suffi­

cient q u a n tity to m ake 1 tab le t.

Sugar of lead Powdered opium . Gelatine solution, a suffi­

cient q u a n tity to m ake 1 tab le t.

L ead aceta te , in fine powder

Opium, in powder Refined sugar, in powder E thereal solution of theo-

brom a Alcohol

Galls in very fine podwer E x tra c t o f opium . D istilled w ater W ool fatSoft paraffin, yellow

chloride 0- 065 gram m e

G all oin tm ent Opium in powder

0-0650-0650-0650-065

0" 195 gramme- 0-065 „

19-44 grammes^ 3-24 „6-48 „

3' 60 mils..0- 90 m il.

204

161050

92 • 5 grammes^ 7-5 „

24

P reparation . Composition.

36. Yatren— 105 (Todooxy- quinoline-sulphonic acid) w ith 5 per cent, opium adm ix tu re.

'

(6 ) C o c a i n e P r e p a r a t i o n s .

i l . Bem afzik's Injections.

2. Stila’s Injections

4. Caustic “ Nerve Pastes '

5. Cocaine and Atropine Tablets, w ith a con ten t of n o t m ore th a n 0" 0003 gram m e of cocaine salts an d n o t less th a n O' 0003 gram m e of atrop ine sa ltj to each tab le t.

6. Voice Tablets .

3. Natrium biboracicum com- positum cu m Cocaino.

(a) Hydrargyrum bicya- natum.Cocainum

0-030-02

(6) Hydrargyrum cinalum . Cocainum

suc-

(a) Hydrargyrum sue- cinatum .Cocainum muriaticum

(b) Hydrargyrum sue- cinatum .Cocainum m uriati­cum

0 0 30-01

0-030-01

O '05

0-03

In tab lets, com pressed tabelts , lonzenges, pastilles and the like, difficult to break up, and containing n o t m ore th a n 0 ‘ 2 per cent, of cocaine salts in conjunction with not less th a n 20 per cent, borax and not less th a n 20 per cent, an ti pyrine, or soma sim ilar analgesic, and n o t m ore than 40 per cent, o f flavouring m a tte r. Maximum w eight o f each ta b le t, etc., 1 gram m e.

P reparations containing, in addition to cocaine sa lts or cocaine and morphine salts, a t least 25 per cent, o f arsenious acid and m ade up w ith th e requisite pro­portion of creosote or phenol to produce th e consistency o f a pas te .

Atropinum sylphuricum Cocainum hydrochloricurn M annite

W eight o f one ta b le t Cocaine con ten t 8" 3 per

cent.

K alium chloricum.B orax.Cocainum . . .W eight of one ta b le t .

0 - 0003 gramme 0*0003 „0-003

0- 0036 gramme.

00025335

g r a m m e

25

P reparation . Composition.

( c ) H e r o i n P r e p a r a t i o n s .

1. Elixir camphorœ composi­tion.

2. Elixir diamorphince et Ter- pini, w ith Apomorphine

3 . Linctus Diamporhinœ, w ith Jpceacuanha.

4. Linctus senegoe compositus

Camphor . . . 4Oil of anise . . . 5Benzoic ac i d. . . 6D iam orphine hydrochlo ­

ride . . . . 4L iquid ex trac t of ipeca­

cuanha T incture of squill .Simple syrup to 20 fl.

ounces.

Apom orphine hydrochlo ride

D iam orphine hydro chloride

Terpin hy d ra te Alcohol GlycerineSyrup of wild cherry to

20 fl. ounces.

grains.minims.grains.

120 minims. 1J fl. ounce.

5 grains.

4 „4 4 „10 fl. ounces.

5 „

5. Linctus thymi compositus .

L iquid ex trac t of ipe ­cacuanha .

D iam orphine hydroch ­loride

T incture of hyoscyam us. Spirit of chloroform Syrup of balsam o f to lu Syrup of wild cherry Glycerine to 20 fl. ounces

Liquid ex trac t of senega L iquid ex trac t of squill . T arta ra ted antim ony D iam orphine hydrochlo ­

ride GlycerineSimple syrup to 20 fl.

ounces.

D iam orphine hydrochlo­ride . . .

Apomorphine hydrochlo ­ride

D istilled w ater L iquid ex trac t of thym e

( I - I )Solution of to lu Glycerine to 20 fl. ounces.

120 minims.

4 grains.] J fl. ounce.

3 fl. ounces. 3 ft

1 fl. ounce.

8 grains.

fl. ounces.

4 grains.

fl. ounce.

5 f l . o u n c e s . 1 £ f l . o u n c e .

26

P reparation . Composition.

(d) D i c o d i d e P r e p a r a t i o n s .

1. Gardiazol-Dicodide Solu ­ Solutions containing n o t less th a n 10 p e r

tions. cent, of cardiazol and n o t m ore th an 0 5iper cent, of dicodide sa lts .

(e) E u c o d a l P r e p a r a t i o n s .

1. Anti-Opium Tablets . \ E ucodal 1 gramme.• Pulvis gentiance 35 grammes.

Pulvis ipecacuanha; 20Quinine su lphate . 20Caffeine 5Sugar of m ilk 25Mix u p and m ake u p 5

grain tab le ts .

2. Tablets B . B. Compound . Berberis vulgaris pow der 0- 0324 gram m eN ux vomica . 0-013E ucodal 0-0032 „Ip ec ac u an h a . 0-0648 „R h u b arb 0-013Pulvis cinnamoni com­

posites 0-0324 „A rom atic chalk 0-0032 „

3. Sterilised Solutions of E u ­codal and Atropinehaving a m axim um con­te n t o f 2 per cen t, ofeucodal sa lts a n d am inim um co n ten t o f 0 - 05p er cent, o f a tro p in esa lts .

[G ovem m ant of In d ia , F inança D apar t a u n t (0. R .), N o tification No. 3- D angerous D rugs, dated 16th J u ly 1932.]

3 . I KTF.R -P R O V IN C l AT. IMPORT AND ExPO P.T .

(1) In pursuance of sub-clause (i) of clauses (j) and (I) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor-General in Council is pleased to declare th a t the bringing and taking of a dangerous drug into and out of the United Provinces of Agra and Oudh, from and into any territory specified in the Schedule hereto, each such territory being the territory of a Prince or Chief which is adjacent to or enclosed by the territories of the said United Provinces, shall be inter-provincial import and inter-provincial export respectively :

Provided that this notification shall not apply to raw opium produced in a State in Central India or Rajputana and brought into the said United Provinces from any such State.

2?

Schedule.

'(1) Rampur, (2) Benares, (3) Rewah, (4) Gwalior, (5) Dholpur (6) Bharatpur, (7) Tehri, (8) Charkhari, (9) Ajaigarh, (10) Orchha,(11) Samthar, (12) Datia, (13) Garauli, (14) Bihat, (15) Beri, (16) Baam, (17) Sarila, (18) Jigni, (19) Tori Fatehpur, (20) Panna, (21) Alipura, (22) Chhattarpur, (23) Lughasi, (24) Gaurihar, (25) Baraundha, (26) Naigawan Ribai, and (27) Chaube Jagirs, namely, Paldeo, Taraon, Bhaisaonda, K am ta Rajaula and Pahra Jagirs.

^Government of Ind ia, F inance D epartm en t (C. R .) N otification No. 9- Dangerous D rugs, dated 19th Septem ber 1931 as am ended by the G overn­ment of India, Finance D epartm en t (C. R .), Notification No. 2-Dangerous Drugs, da ted 25th F eb ru ary 1933.]

(2) In pursuance of sub-clause (i) of clause (j) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to declare tha t the bringing of opium, ganja and bhang into an area of the Central Provinces specified in column 1 of the schedule hereto annexed from the territory or territories speci­fied in the corresponding entry in column 2 of the said schedule, each such territory being the territory of a Prince or Chief which is adjacent to such area of the Central Provinces, shall be inter­provincial import.

Schedule.

A rea of the Central Provinces.

D istrict. Village or villages.

T errito ry of Prince

or Chief.

1. N im ar . K anapur-B eria trac t com prising th e fol­lowing villages :—

(1) N egavan, (2) Laondi, (3) Bijgohar,(4) Dalchi, (5) Selda, (6) Arsi-Mirja- p u r, (7) B alabap, (8) K anapu r, (9) S hahpur, (10) K o ta ra , (11) Takli, (12) Sangvi,(13) K hedi, (14) R aver,(15) Pachhla, (16) B hogavan Sipani,(17) K ankaria , (18) Ja ikheda , (19) Fangaon , (20) R ahadkote, (21) M ohegaon, (22) T ajpura , (23) IChan- pu ra , (24) B hogavar N ipani, (25) D abhad, (26) Iachora, (27) Jam unia , (28) N ilw at, (28) Am ba, (30) Balkhar, (31) Pipla, (32) Dewri, (33) A ta r Sum ba, (34) Goradia, (35) B agada B uzrug, (36) B agda K hurd , (37) Beria, (38) A m erpur, (39) Tam olia, (40) Nim- khedi, (41) Chitawad,(42) Bhulgaon, (43) N ilkanth , (44) B arud , (45) R am pura,.

>. Indore.

O

28

A rea of th e C en tra l Provinces.

D istric t. Village or villages.

2. B ilaspur

3. B ilaspur

4. B ilaspur

5. B ilaspur

Territory or Prince

or Chief.

F ag u ram island tra c t com prising th e fo l­lowing villages :—

(1) F agu ram , (2) Sapia, (3) K udri.

P a d a m p u r island tra c t com prising the following villages :—

(1) K andekela , (2) Chatipali, (3) Murli- pali, (4) Saraipali, (5) Sukhasodha,(6) Semlia, (7) K irlim al, (8) Chikhali,(9) Tilagi, (10) P anchpudg ia , (11) M ohdi, (12) R e m ta , (13) S ardha,(14) Sodha, (15) A m lipali, (16) G udum , (17) Charpali, (18) D hol- unda,(19) P ith in d a , (20) K an ak to ra , (21) K ang ijharan , (22) K uhak u n d a , (23) Jh a rg ao n , (24) N ando pali, (25) B adu rha , (26), B adim al, (27) Luba- baga, (28) A ndhiari, (29) U chpm da, (30) K adam dih , (31) K usm ul, (32) G hungutpali, (33) Chikhlapali, (34) Chunipali, (35) Jam p ali, (36) Jh a m p a ra , (37) P adam pur, (38) B arham pura , (39) M ohanpura, (40) A tb ira , (41) Baosanpali, (4 2 )R eg a li , (43) K um ar, (44) K atapali, (45) K adam ghat, (46) Girolpali, (47) P achanga, (48) B hundapali, (49 B hikam pali, (50) K o tagarh , (51) Chicholi, (52) Jogni, (53) T hakur- pali, (54) N aw apara, (55) N aehan- m u ra , (56) P arsada , (5 7 ) P id iapah (58) Panchpudgia, (59) B ijapah, (60) M ahasingh, (61) R ekli.

S ingpur-changarri t r a c t com prising th e following villages :—

(1) Singpur, (2) Ghangori.

P asid Peninsula tra c t com prising th e fo l­lowing villages :—

(1) U jb h a tti, (2) K apisda, (3) K um - bhari, (4) K osir, (5) P a t, (6) B atan- pali, (7) B hatagaon , (8) M aduabhata,, (9) P asid , (10) B hadra , (11) M alda,(12) Singhanpur.

Raigarh.

R aigarhand

Sarangarh.

J

Raigarh and Sarangarh.

S a r a n g a l l l ‘

29

A rea of th e C entral Provinces.

D istrict.

6. Bilaspur

7. Saugor

Village or villages.

8. Jubbulpore

9. Drug

M anikpur t r a c t com prising th e following villages :—

(I) Ichha , (2) K u d u rg a rh i, (3) C hhara,(4) C hhuaripali, (5) Jeo ra , (6) Tim- arlaga, (7) D adarpali, (8) Bargaon,(9) B ilaigarh, (10) B isw aspur, (11) M anikpur, (12) Salhehana

( 1 ) H a rra K atgow an,( 2 )P arasari K alani,(5 )C handanH ari, (4) H in o tia K a la n (5) M anki Salaiya, (6) Kolwa, (7) Je tp u ra , (8) M arhD eora , (9) Sagoni,(10) M ahuna

(I I ) TJrla, (12) K up i . . . .

(13) M andanua, (14) B undhera .(15) B am ora . . . . .

(1) K a i (Pa tw ari Circle Ko. 108)(2) Junaw an i (Patw ari Circle No. 108)(3) P achoha (Patw ari Circle No. 108) .(4) G eraiya (Patw ari Circle No. 10S)(5) P a th eh ra (Patw ari Circle No. 108) . (fi) G odhar (P a tw ari Circle No. 108)(7) Ja jh w ara (Pa tw ari Circle No. 108) . (1) W ararbandh , (2) Penderw ani, (3)

Ja rw ah i, (4) D haba, (5) K alika , (6) Girgaon, (7) M argaon, (8) T alagaon

T errito ry of Prince or Chief.

■Sarangarh

► B hopal

P an n a and / C hhatarpu r Bijaw ar K urw ai

B ew ahM aihar

Do.Do.Do.Do.Do.

N andgaoru

[Governm ent of Ind ia , F inance D ep a rtm en t (C. R.)> N otification No. 7* Dangerous D rugs, d a ted 2nd D ecem ber 1933.]

(3) In pursuance of sub-clouse (i) of clauses (j) and (I) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to declare that—

(a) the bringing of a dangerous drug into the Central Provincesor the Bombay Presidency from Berar, and

(b) the taking of a dangerous drug out of the Central Provincesor the Bombay Presidency into Berar,

shall be inter-provincial import and inter-provincial export, respectively.[Government of Ind ia , F inance D epartm en t (C. R .), N otification No. <>-

Dangerous Drugs, d a ted 7t.h April 1934.]

(4) In pursuance of sub-clause (i) ofclauses (j) and (I) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to declare th a t the bringing and taking of a dangerous drug into and out of the provinces specified in the

e a

30

first column of the Schedule hereto from and into any territory Specified in the corresponding entry in the second column thereof, each such territory being the territory of a Prince or Chief which is adjacent to or enclosed by the territories of the province concerned shall be inter-provincial import and inter-provincial export respectively.

Schedule.

B engal . . (1) Cooch B ahar, (2) T ripura, (3) M ayurbhanja.

B ib ar an d Orissa . (1) At.hgarh, (2) A thm allik , (3) B am ra, (4) Baramba,(5) B and, (6) Bonai, (7) D aspalla, (8) Dlienkanal, (9) G angpur, (10) H indol, (11) K alahandi, (12) K eonjhar, (13) K handpara , (14) K harsaw an, (15) M ayurbhanja, (16) N arsingpur, (17) Mayagarh,(18) Nilgiri, (19) P al-L ahara , (20) P a tn a , (21) R a irakbol, (22) R anpur, (23) Seraikela, (24) Sonpur, (25) Talcher, (26) Tigiria.

B urm a . . (1) K an taraw ad i, (2) B aw lake, (3) K yetbogyi.

[Governm ont of Ind ia, F inance D epartm en t (C. R .), N otification No. 7- D angerous D rugs, da ted 2nd Ju n e 1934.]

(5) In pursuance of sub-clause (i) of clauses (i) and (I) of section 2 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to declare th a t the bringing and taking of a dangerous drug into and out of the Province of Assam, from and into any territory specified in the Schedule hereto annexed, each such territory being the territory of a Prince or Chief which is adjacent to or enclosed by the territories of the said Province shall be inter-provincial import and inter-provincial export respectively.

Schedule.

(1) Khyrim, (2) Mylliem, (3) Cherra, (4) Nongkhlaw. (5) Nongstoin, (6) Nongspung, (7) Mawsynram, (8) Maharam, (9) Mariaw, (10) Mawiang, (11) Nobosohpho, (12) Rambrai, Langrin, (14) Malaisohmat, (15) Bhawal, (16) Mawphlang, (17) Sohiong, (18) Lyniong, (19) Jirang, (20) Pamsanngut, (21) Nenglwai (22) Mawdon, (23) Mawlong, (24) Dwara Nongtyrmen, (25) Shelia Confederacy.

[G overnm ent of Ind ia , F inance D ep a rtm en t (0. R ). N otification No. 4- D angerous D rugs, d a ted 1st Ju n e 1935.]

Si­

ll .—Rules.N o t e .— N o rules have y e t been m ade u n d e r sec tio n s 3 and 35 of th e

D angerous D rugs Act, 1930 (IT o f 1930).

1. C e n t r a l O p iu m R u l e s , 1934.In exercise of the powers conferred by sub-sections (2) and

(3) of section 5 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to make the following rules, the same having been previously published as required by sub­section (1) of section 36 of the said Act, namely ;—•

P a r t I .—Preliminary.1. Short title and commencement.— (1) These rules maybe called

the Central Opium Rules, 1934.(2) They shall come into force on the 1st March 1934, where­

upon all rules made by whatever authority under an enactment specified in the first three columns of Schedule I I to the Dangerous Drugs Act, 1930 (II of 1930), and for a purpose specified in sub­section (2) or sub-section (3) of section 5 of the said Act shall be cancelled, except as regards anything done, or any offence com­mitted, or any fine or penalty incurred, or any proceedings insti­tuted before the said date.

(3) In these rules 1 poppy ’ means the species Papavar Somni- ferum L.

P a r t I I .—Poppy Cultivation.2. The poppy shall not be cultivated anywhere in British India

save—(а) within such tracts in the United Provinces as the Governor

General in Council may from time to time by notification in the Gazette of India define in this behalf ; and

(б) in the Punjab within the district of Jullundur and withinthe Hoshiarpur Tahsil of Hoshiarpur district for the purpose of the production of poppy heads only.

3. W ithin the tracts in the United Provinces defined by noti­fication made under clause (a) of rule 2 the poppy shall not be cul­tivated save on account of the Governor Genera? in Council and under and in accordance with the conditions of a licence issued under the Opium Act, 1857 (X III of 1857).

4. W ithin the areas in the Punjab specified in rule 2 the poppy shall not be cultivated save under and in accordance with the con­ditions of a licence granted by the District Excise Officer or the Collector of the district in the annexed form of Licence :

Provided tha t any person within those areas desiring to culti­vate the poppy in anticipation of the receipt of a licence may do so if he informs the Patwari of the fact when he comes to tha t person’s village to measure the area under cultivation. The Patwari shall he provided with a register in the annexed form :—

Form of Patwari’s Cultivation Register.

Register of poppy cultivation in the y e a r in T a h s il of District.

12

Balance from the year before left over with

the cu ltivator a t th e end of the preceding March.

1110

Balance not ac ­

counted for

2 >» Balance left w ith c u lti­

va to r a t end of March.

Total of Columns

10 and 12.

Normal ra te of

yield.

Ascertained yield in

seers.Sales of Produce.

H | Quantitysold. Rem arks.

53

N otes .—I n colum n 9 th e a rea for which norm al ra te of y ield is quoted should be th e recognised local u n it of m easurem ent. I t should be quoted separately

The en tries in colum n 10 should be made according to th e s ta tem en t of th e cultiva to r who should, however, be w arned th a t if he is found to have under-

NOTES. fo r each village.

s ta ted his produce he will he in danger of being forb idden to cu ltiva te poppy again.The en try in colum n 15 of th e R eg iste r of one year will be recopied in to column 12 of th e new R egister of th e succeeding year.The p a tw ari should keep o n e register for th e whole of his Circle, b u t th e entries for each village should be shown separate ly .The p a tw ari should be d irec ted to fill in th e first th ir tee n coulmns of th e register as soon as th e yield of poppy-heads from th e area cultivated w ith poppy

has been ascerta ined. This will ordinarily be no t la te r th a n th e end of May. As soon as the entries in the first th ir tee n colum ns of th e s ta tem en t have been completed in respec t of all th e poppy cu ltivation in his Circle, th e p a tw ar i should despatch a copy of the en tries so m ade to th e In sp e c to r of Excise a t th e D is tric t Office.

The inform ation required for filling in column 14 can be copied from tim e to tim e by th e patw ari from th e cultivators’ licenses wherein each sale has to be recorded according to rule.

The re g is te r should be finally com ple ted in April im m ediately following th e close of th e financial year to which the entries in th e register relate, and should on completion be sent direct by th e patw ari to the Inspector of Excise a t headquarters and a fresh register opened.

33

Form of licence.

Licence for the cultivation of the Poppy in the Jullundur andHoshiarpur Districts.

■ , son o f-----------------------------’is hereby licensed to cultivate the poppy i n ------------------------------village of ------------------ Tehsil District,subject to the following conditions :—

Conditions.

(1) The license is granted to the said ------------personally, andis not transferable.

(2) The licence-holder shall comply with all the provisions of the rules for the time being in force made under the Opium Act, 1878, or the Dangerous Drugs Act, 1930.

(3) The licence-holder shall pay duty on the area cultivated at such rates as the Local Government may, with the previous sanction of the Governor General in Council, from time to time, by notifi­cation in the official Gazette, fix in tha t behalf.

(4) The licence-holder shall in disposing of the produce of such cultivation, comply with the conditions following, namely—

{a) he shall not consume, or permit any person under his authority or control to consume, any part of the produce of his own cultivation ;

(b) he shall not sell such produce, otherwise than in accordance with the rules for the time being in force regulating the sale of poppy-heads.

(5) The Collector of the district in which the licence is held may, at any time, withdraw the licence by written order stating his reasons therefor :

Provided tha t except when a licence is withdrawn by reason of breach of its conditions, no licence shall be withdrawn before the 1st of May or after the 1st of October in any calendar year.

(6) If the licence-holder does not sow poppy seeds before the 1st of December of any year, he shall, not later than the 15th of tha t month, surrender his licence to the officer in charge of the tahsil within the limits of which he is permitted under his licence to cultivate the poppy.

34

(7) If the licence—

(a) is withdrawn under condition (5), or(b) is surrendered under condition (6), or

(c) expires, or

(d) ceases to be operative through the cancellation of the notification permitting the cultivation of the poppy in the area covered by the licence,

the licensee shall dispose of all produce unsold and in his possession when the licence determines in such manner as the Collector of the District may in his discretion direct.

(8) The licence-holder shall not extract opium from the poppy cultivated by him, but shall collect the produce entirely in the form of poppy heads.

(9) The licence-holder if he has paid duty on the area cultiv ated may transport the poppy heads produced therefrom from any one place situate within the limits of the tahsil in which he is licensed, to any other place situate within the same limits.

(10) The licence-holder may sell the produce of his cultivation in the form of poppy heads to any one holding a licence to sell opium wholesale or retail in the Punjab, or to Government.

(11) In selling poppy heads, as permitted by condition 10, the licence-holder shall not sell less than two maunds of poppy heads a t any one time :

Provided that, if his whole or remaining stock of poppy heads be less than two maunds, he may sell the whole or such remaining stock at one time.

(12) Whenever the licence-holder sells any of his standing crops of poppy or any of the produce of his cultivation in the form of poppy heads, he shall enter, or cause to be entered, on the back of this licence the particulars of such sale, and such particulars shall include the nature and quantity of the produce sold, the date of the sale,, and the name, description and residence of the purchaser, and. shall,., if possible, be attested by the signature of the purchaser.

P a r t I I I .— Manufacture of opium.

5. Opium shall not be manufactured anywhere in British India save in the United Provinces : Provided tha t with the special permission of the Governor-General in Council opium pur­chased from the Government Factory a t Ghazipur may be re- manufactured by or on behalf of a Local Government in the form of

35

tablets or pills for sale as Excise Opium : Provided further th a t opium mixtures may be manufactured from raw opium lawfully possessed by persons authorised by tbe Local Government under their rules prescribed for the purpose : Provided further th a tconfiscated and damaged opium may be remodelled by or on behalf of a Local Government with a view to making it fit for excise purposes, subject to the condition th a t the remodelled opium shall be in a form enabling it to be distinguished from the excise opium issued from the Government Factory a t Ghazipur.

6. Opium shall not be manufactured in the United Provinces save by officers of the Opium Department a t the Government Factory a t Ghazipur : Provided that opium mixtures may be manufactured from raw opium lawfully possessed by persons autho­rized by the Local Government.

P a r t IV.—Sale of opium other than opium mixtures.

7. Sale for export.—The sale of opium from the Government Factory a t Ghazipur for export is prohibited save (1) when the export is on behalf of the Governor General in Council, or (2) when the export is to a State in India on behalf of or under the authority of a Local Government.

8. Sale to Local Governments.—The sale of opium from the Government Factory a t Ghazipur to Local Governments is prohi­bited save under the orders of the Governor General in Council.

9. Sale to manufacturing chemists.—(i) The sale of opium from the Government Factory at Ghazipur to manufacturing chemists in British India is prohibited save under a permit granted by or under the orders of the Local Government within whose jurisdiction the chemist resides or has his place of business. The form of the permit shall be prescribed by the Local Government.

(2) The permit referred to in sub-rule (1) shall be issued in quadruplicate, one copy being retained for record and three copies being forwarded to the Factory Superintendent, Government Factory at Ghazipur, along with the application of the chemist for the supply of opium. The Factory Superintendent shall re­tain one copy for record, enclose one with the consignment and return the third to the issuing authority after endorsing thereon the quantity actually supplied and the date of despatch.

(3) The chemist shall state in his application to the Local Government for the supply of opium (i) the purpose for which the opium is required, (ii) the stock in hand on the date of the appli­cation, (in) the quantity applied for, and (iv) his requirements for' six months’ manufacture.

36

(4) The total quantity of opium supplied to a chemist in any one financial year shall not exceed 400 lbs. and the total quantity supplied at any one time—

(a) shall not exceed the quantity determined by the LocalGovernment as sufficient for six months’ manufacture, and

(b) shall not, save in cases of special urgency exceed 100 lbs.10. The price to be charged for opium sold in accordance with

this Part shall be fixed from time to time by the Governor General in Council.

P a r t V .— Sale of opium mixtures.

11. The sale of opium mixtures is prohibited save under such -conditions and restrictions as are prescribed by the Local Govern­ment within whose jurisdiction the transaction takes place.

[G overnm ent of Ind ia , F inance D epartm ent. (C. R .) N otification No. 1- D angerous D rugs, d a ted 17th F eb ru ary 1934, as am ended by the Government o f Ind ia , F inance D epartm en t (C. R .) N otifications, No. 8-Dangerous Drugs, d a ted 9th Ju n e 1934, No. 10-Dangerous D rugs, d a ted 22nd September1 934 and No. 1-D angerous D rugs, d a te d 25th Ja n u a ry 1936.]

2. B e r a r O p iu m R u l e s , 1934.

In exercise of the powers conferred by sub-sections (2) and(3) of section 5 of the Dangerous Drugs Act, 1930 (II of 1930), as applied to Berar, the Governor General in Council is pleased to make the following rules, the same having been previously published as required by sub-section (1) of section 36 of the said Act, namely :—

P a r t I .—Preliminary.

1. Short title and commencement.—(1) These rules may be called the Berar Opium Rules, 1934.

(2) They shall come into force on the 1st December 1934 where­upon all rules made by whatever authority under an enactment spe­cified in the first three columns of Schedule I I to the Dangerous Drugs Act, 1930 (II of 1930), as applied to Berar and for a purpose specified in sub-section (2) or sub-section (3) of section 5 of the said Act shall be cancelled, except as regards anything done, or any offence committed, or any fine or penalty incurred, or any proceed­ings instituted before the said date.

P a r t I I .—Poppy Cultivation.

2. The poppy shall not be cultivated anywhere in Berar.

37

P a b t I I I .—Manufacture, of opium.

3. Opium shall not be manufactured anywhere in Berar : Pro­vided th a t with the special permission of the Governor General in Council opium purchased from the Government Factory a t Ghazipur may be re-manufactured by or on behalf of the Local Government in the form of tablets or pills for sale as Excise Opium : Provided further tha t opium mixtures may be manufactured from raw opium lawfully possessed by persons authorised by the Local Government under their rules prescribed for the purpose :

Provided further th a t confiscated and damaged opium may be remodelled by or on behalf of the Local Government with a view to making it fit for excise purposes, subject to the condition tha t the remodelled opium shall be in a form enabling it to be distinguished from the excise opium issued from the Government Factory a t Ghazipur.

P a r t IV .— Sale of opium other than opium mixtures.4. Sale to Local Governments.—The sale of opium from the

Government Factory a t Ghazipur to the Local Government is prohibited save under the orders of the Governor General in Council.

5. Sale to manufacturing chemists.—(1) The sale of opium from the Government Factory a t Ghazipur to manufacturing chemists in Berar is prohibited save under a permit granted by or under the orders of the Local Government. The form of the permit shall be prescribed by the Local Government.

(2) The permit referred to in sub-rule (1) shall be issued in quadruplicate, one copy being retained for record and three copies being forwarded to the Factory Superintendent, Government Factory at Ghazipur, along with the application of the chemist for the supply of opium. The Factory Superintendent shall retain one copy for record, enclose one with the consignment and return the third to the issuing authority after endorsing thereon the quantity actually supplied and the date of despatch.

(3) The chemist shall state in his application to the Local Government for the supply of opium (i) the purpose for which the opium is required, (ii) the stock in hand on the date of the appli­cation, (in) the quantity applied for, and (iv) his requirements for six months’ manufacture.

(4) The total quantity of opium supplied to a chemist in any one financial year shall not exceed 400 lbs. and the total quantity supplied at any one time—

(а) shall no t exceed the quantity determined by the Local Government as sufficient for six months’ manufacture, and

(б) shall not, save in cases of special urgency, exceed 100 lbs.

38

6. The price to be charged for opium sold in accordance with this P art shall be fixed from time to time by the Governor General in, Council.

P a r t V.—Sale of opium mixtures.

7. The sale of opium mixtures is prohibited in Berar save under such conditions and restrictions as are prescribed by the Local Government.

(G overnm ent o f In d ia , F . & P . D epartm en t, N otification No. 651-1. B„ d a ted 29th N ovem ber 1934.)

3. C e n t r a l M a n u f a c t u r e d D r u g s R u l e s , 1934.In exercise of the powers conferred by sub-section (2) of

section 6 of the Dangerous Drugs Act, 1930 (II of 1930), the Gover­nor General in Council is pleased to make the following rules, the same having been previously published as required by sub-section.(I) of section 36 of the said Act, namely :—

P a r t I.—Preliminary.

1. Short title and commencement.—(1) These rules may be called' the Central Manufactured Drugs Rules, 1934.

(2) They shall come into force on the 1st March 1934, where­upon all rules made by whatever authority under an enactment specified in the first three columns of Schedule I I to the Dangerous- Drugs Act, 1930 (II of 1930), and for a purpose specified in sub­section (2) of section 6 of the said Act shall be cancelled, except as- regards anything done, or any offence committed, or any fine or penalty incurred, or any proceedings instituted before the said date.

2. Definitions.—In these rules the expression “ manufactured drugs ” does not include prepared opium.

P a r t II.—General prohibition of manufacture of manufactured drugs.

3. The manufacture of crude cocaine and ecgonine, and of diacetyl-morphine and its salts and of any other narcotic substance (other than codeine or dionin or any of the salts of either) declared to be a manufactured drug in pursuance of sub-clause (it) of clause (g) of section 2 of the Dangerous Drugs Act, 1930, is prohibited.

P a r t I I I .—Manufacture of manufactured drugs.

4. The manufacture of cocaine and its salts is prohibited save the manufacture of cocaine hydrochloride by the chemical staff employed under the Central Board of Revenue from impure con­fiscated cocaine.

39

5. The manufacture of morphine and its salts and of codeine &nd dionin and their respective salts is prohibited save by the officers of the Opium Department a t the Government Factory at Ghazigur.

6. The manufacture of medicinal hemp is prohibited save under and in accordance with the conditions of a licence in the annexed form granted subject to the control of, the chief excise authority of the Province by the Collector of the District. An annual fee at ihe rate indicated in the following table shall be payable in advance to the Local Government for each licence issued under this Rule :—

Table of Fees.

M adras Presidency

B om bay P residency and Sind

Bengal Presidency

B urm a . . . .

B ihar and OrissaU n ited Provinces

P u n jab .C entral P rovinces

Assam . . . .N orth-W est F ro n tie r Province

D elhi ..................................

A jm er-M erwara .

Coorg . . . .

B ritish B aluch istan

R s.

510

10

10

15

10

5

3

110

111

Form of licence.

Licence for the m anufactu re of m edicinal hem p.

D istric t.N um ber of licence.N am e an d description o f the licensee.

H is residence.

H is place of business w ith boundaries.The person described above, an d hereinafter called the licensee, is herebyauthorised b y th e Collector o f ............................... to m anufactu re m edicinalhemp, hereinafter a lluded to as th e drug, f r o m ......................... t o ...................... .subject to th e following conditions :—

Conditions.

(1) The licence is g ran ted to th e licensee personally an d is n o t t r a n s ­ferable. . . 1 „ ,,

(2) The licensee shall com ply w ith all th e provisions o f th e rules for thetim e being in force m ade under the D angerous D rugs A ct, 1930.

40

(3) The licensee shall in tim a te to th e Collector particulars of the ems p loym ent or change of his agent (servants, etc.), and p ay a fee of R upee 1. The licensee shall be responsible for th e ac ts and omis­sions of every person em ployed by h im in carry ing on his business and of all his servants, as if the said ac ts an d omissions were his own.

4) The licensee shall n o t m anufacture th e drug save from materials which he is law fully en titled to possess.

(5) T he licensee shall n o t m anufactu re or keep th e d rug or keep them ateria ls used for th e m anufactu re o f th e d rug a t any place except his place of business.

(6) The licensee shall n o t possess or sell th e d ru g otherw ise than inaccordance w ith th e rules m ade b y the Local G overnm ent under th e D angerous D rugs A ct, 1930.

(7) The licensee shall n o t consum e or perm it any person under hiscontrol or au th o rity to consume th e drug a t his p lace o f business.

(8) The licensee shall m a in ta in tru e accounts of all transactions in theannexed forms, bound in books, paged an d sealed w ith th e Collec­to r ’s seal. E n tries in th e accounts shall be m ade on th e day on w hich transactions ta k e place. The A ccounts shall be preserved for n o t less th a n tw o years from th e d a te of th e la s t en try in the accounts. The licensee shall fu rn ish such inform ation as the Collector m ay require from tim e to tim e. In case of suspension or cancellation of th e licence, th e accounts shall be handed over to th e Collector or to th e Excise Officer o f th e place.

FORMS.

I.—Account of the materials used for the manufacture of medicinalhemp.

M onthandd a te .

M aterialsQuantitylawfullyallowed.

BalanceQ uantity

ofm aterialsreceived.

Sourceof

supply

Totalof

columns 4 and 5

Q uantity used in

the m anufac­tu re of

medicinal

Balancein

hand.

Remarks.

1 2 3 4 5 6 7 8 9 10

1II .— Account of the medicinal hemp manufactured.

M onthand

date.

M edi­cinal

hemp : E x tra c t

ortinc tu re .

Balancein

hand.

Q uantitym anufac­

tu red .

T o ta l of columns

3 a n d 4Q uantity

sold.

Nameof

purchaser.Address.

Balancein

hand.Remarks.

1 2 3 4 5 6 7 8 9 10

41

(9) The licensee shall w hen required by the Collector or any o ther officer- du ly authorised b y him , deliver up his licence for am endm en t or for th e issue of a fresh licence.

( 10) Stocks of the d rug or th e m aterials used for its m anufac tu re an d all: accounts and records o f transactions under th is licence shall be open to inspection b y a n officer specially or generally au thorised b y the Collector or b y th e chief excise au th o rity of the Province.

(11) A n inspection no te book, w ith pages sealed and num bered con­secutively, shall be m ain ta ined for th e use o f the Inspecting Officers and preserved in good condition. I t shall be handed over to an Excise Officer on dem and on a receipt being given therefor, or to th e Collector a t the end of th e period for w hich th e licence is in force.

(12) In case o f breach o f any o f the conditions of th is licence, th e Collector m ay cancel or suspend th e licence or in lieu th e re o f impose a pena lty n o t exceeding one hundred rupees.

(13) The im position of a pen a lty or th e cancellation o r suspension of th is licence under the foregoing condition shall n o t opera te as a b a r to prosecution for an y offence which m ay have been committed? under th e Dangerous D rugs Act, 1930.

(14) I f th e licensee has in his possession on the expiry, cancellation, or suspension of th is licence, an y stock o f the drug, he shall deliver i t u p to th e Collector.

(15) A ny licensee shall be bound to purchase in such q u an tity n o t ex ­ceeding th e q u a n tity w hich he is likely to sell in tw o m onths, and a t such ra tes as th e Collector m ay direct, an y stock of the drug th a t m ay be delivered up to the Collector under the provisions of con­d ition 14.

(16) The licensee shall no t m anufacture drugs in a q u an tity larger th a n h is requirem ents for 2 m onths.

D ated th e day o f 193

Station. Collector of

[Governm ent o f In d ia , F inance D epartm en t (C. R .) N otification No. 2- Dangerous D rugs, dated 17th F eb ruary 1934 as am ended by th e G overn ­ment of Ind ia , F inance D epartm en t (C. R .) Notifications, No. 3-Dangerous Drugs, da ted 3rd M arch 1934 and No. 13-Dangerous D rugs, dated 21st December 1935.]

4. B e r a r M a n u f a c t u r e d D r u g s R u l e s * 1934.

In exercise of the powers conferred by sub-section (2) of section 6 of the Dangerous Drugs Act, 1930 (II of 1930), as applied to Berar, the Governor General in Council is pleased to make the following rules, the same having been previously published as- required by sub-section (1) of section 36 of the said Act, namely :

P a r t I.— Preliminary.

1. Short title and commencement—(1) These rules may be called the Berar Manufactured Drugs Rules, 1934.

42

(2) They shall come into force on the 1st December 1934, where- -upon all rules made by whatever authority under an enactment . specified in the first three columns of Schedule I I to the Dangerous Drugs Act, 1930 (II of 1930) as applied to Berar, and for a purpose specified in sub-section (2) of section 6 of the said Act shall be

■ cancelled, except as regards anything done, or any offence com­m itted, or any fine or penalty incurred, or any proceedings insti­tu ted before the said date.

2. Definitions.—In these rules the expression “ manufactured - drugs ” does not include prepared opium .

P a r t I I .— General prohibition of manufacture of manufactured drugs.

3. The manufacture of crude cocaine and ecgonine, and of . diacetyl-morphine and its salts and of any other narcotic substance(other than codeine or dionin or any of the salts of either) declared to be a manufactured drug in pursuance of sub-clause (it) of clause

>{g) of section 2 of the Dangerous Drugs Act, 1930, as applied to .Berar, is prohibited.

P a r t I I I .—Manufacture of manufactured drugs.

4. The manufacture of cocaine and its salts is prohibited.5. The manufacture of morphine and its salts and of codeine

: and dionin and their respective salts is prohibited.6. The manufacture of medicinal hemp is prohibited save under

and in accordance with the conditions of a licence in the annexed form granted subject to the control of the Excise Commissioner, Central Provinces, by the Collector of the District. A fee at the rate of Rs. 5 per an n u m shall be payable in advance to the Local Govern­ment for each licence issued under this Rule :—•

Form of licence.Licence for the manufacture of medicinal hemp.District.Number of licence.Name and description-of the licensee.His residence.His place of business with boundaries.The person described above, and hereinafter called the licensee,

is hereby authorised by the Collector o f ..........................................to manufacture medicinal hemp,hereinafter alluded to as the drug,from .............................. 193 , subject to the following

. conditions :—-Conditions.

(1) The licence is granted to the licensee personally and is net transferable.

43

(2) The licensee shall comply with all the provisions of the-rules for the time being in force made under the Dangerous Drugs Act, 1930, as applied to Berar.

(3) The licensee shall intimate to the Collector particulars of the employment or change of his agent (servants, etc.), and pay a fee of Rupee 1. The licensee shall be responsible for the acts and omissions of every person employed by him in carrying on his business, and of all his servants, as if the said acts and omissions were his own.

(4) The licensee shall not manufacture the drug save from materials which he is lawfully entitled to possess.

(5) The licensee shall not manufacture or keep the drug orkeep the materials used for the manufacture of the drug at any place except his place of business.

(6) The licensee shall not possess or sell the drug otherwise than in accordance with the rules made by the Local Government under the Dangerous Drugs Act, 1930, as applied to Berar.

(7) The licensee shall not consume or permit any person underhis control or authority to consume the drug a t his place of business.

(8) The licensee shall maintain true accounts of all transactionsin the annexed forms, bound in books, paged and sealed with the Collector’s seal. Entries in the accounts shall be made on the day on which transactions take place - The Accounts shall be preserved for not less than two years from the date of the last entry in the accounts. The licensee shall furnish such information as the Collector may require from time to time. In case of suspension or cancellation of the licence, the accounts shall be handed over to the Collector or to the Excise Officer of the place.

FORMS.

I-—Account of the materials used for ihe manufacture of medicinalhemp.

Month^and M aterials

Q uantitylawfullyallowed.

B alance in

h a n d .

Q uantityof

m aterialsreceived.

Sourceof

supply.

Total of

columns 4 and 5.

Q uantity used in

m anufac­tu re of

medicinal hemp.

Balancein

hand.

R em arks.

1 2 3 4 5 6 7 8 9 10

d .

44

II .— Account of the medicinal hemp manufactured.

M onth

1

cinal hem p : E x tra c t

or tinc tu re

2

Balancein

ha3nd

Q uantitym anufac­

tured .

4

T o ta l of columns 3 and 4.

5

Q uantitysold.

6

Name of p u r ­

chaser.

7

Address.

8

Balance

9

Remarks.

10

(9) The licensee shall, when required by the Collector or anyother officer duly authorised by him, deliver up his licence for amendment or for the issue of a fresh licence.

(10) Stocks of the drug or the materials used for its manu­facture and all accounts and records of transactions under this licence shall be open to inspection by an officer specially or generally authorised by the Collector or by the Excise Commissioner, Central Provinces.

(11) An inspection note book, with pages sealed and numbered consecutively, shall be maintained for the use of the Inspecting Officers and preserved in good condition. I t shall be handed over to an Excise Officer on demand on a receipt being given therefor, or to the Collector at the end of the period for which the licence is in force.

{12) In case of breach of any of the conditions of this licence, the Collector may cancel or suspend the licence or in lieu thereof impose a penalty not exceeding one hundred rupees.

(13) The imposition of a penalty or the cancellation or sus­pension of this licence under the foregoing condition shall not operate as a bar to prosecution for any offence which may have been committed under the Dangerous Drugs Act, 1930, as applied to Berar.

(14) If the licensee has in his possession on the expiry, can­cellation, or suspension of this licence, any stock of the drug, he shall deliver it up to the Collector.

(15) Any licensee shall be bound to purchase in such quantity not exceeding the quantity which he is likely to sell in two months, and a t such rates as the Collector may direct, any stock of the drug tha t may be delivered up to the Collector under the provisions of condition 14.

45

(16) The licensee shall not manufacture drugs in a quantity larger than his requirements for 2 months.

Dated the day of 193 .

Station.Collector of

(Governm ent of Ind ia , F . & P. D epartm ent, N otification No. 650-1. B; d a t e d 29th Novem ber 1934.)

5 . D a n g e r o u s D r u g s ( I m p o r t , E x p o r t a n d T r a n s h i p m e n t )R u l e s , 1933.

In exercise of the powers conferred by sub-section (2) of section 7 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to make the following rules, the same having been previously published as required by sub­section (1) of section 36 of the said Act, namely :—

P a r t I . —Preliminary.

1. Short title, commencement, repeal and application.—(1) These rules may be called the Dangerous Drugs (Import, Export and Transhipment) Rules, 1933.

(2) They shall come into force on the 1st March 1933, where­upon all rules (not being rules regulating the import of charas into British India by land) made by whatever authority under an ■enactment specified in the first three columns of Schedule I I to the Dangerous Drugs Act, 1930 (II of 1930), and for a purpose specified in sub-section (2) of section 7 of the said Act shall be cancelled except as regards anything done or any offence committed or any fine or penalty incurred or any proceedings instituted before the said date.

(3) Nothing in these rules shall apply to the import of charas into British India by land.

2. Definitions.-—In these rules the expressions “ dangerous drug ” and “ manufactured drug ” do not include prepared opium.

P a r t II.—General prohibition of import and export by air.

3. A ir.—No dangerous drug shall be imported into or exported from British India by air.

P a r t I II .—Import by sea or by land.

4. General.—No dangerous drug shall be imported into British India by sea or by land save in accordance with the conditions

d 2

46

specified in the third column of the annexed Table for che import of the dangerous drugs specified in the corresponding entry in the first column thereof from the places specified in the corresponding entiy in the second column thereof :

Provided tha t a Local Government may by general or special order permit a traveller to import personally into British India by land from any Indian State or foreign settlement in India opium or hemp up to the limit of quantity within which possession by him is allowed without a pass on the British Indian side of the Frontier.

Table.

D angerous D rugs. Places from which im ported.

Conditions.

(!) Opium A ny In d ian S tate or foreign se ttle ­m ent in Ind ia.

Any o ther place outside British India.

(1) W here th e final destination is- in B ritish In d ia or Berar the im port shall be effected (i) on behalf of th e Governor-General in Council, or (ii) under an authorisation granted, with th e general or special consent of th e Governor-General in Council, b y the Local G overnm ent within whose jurisdiction such desti­nation is situate , or by an officer,, em powered in th is behalf by such Local Governm ent.

(2) W here th e final destination (i} in th e case of im port from a S ta te in Ind ia is ano ther part of the same S tate or another such S tate , or (ii) in the case o f im port from a foreign settle­m en t in India is ano ther part o f th e sam e settlem ent, the im port shall be effected under an authorisation g ran ted by or under th e orders of the Local1 G overnm ent w ith in whose juris­diction th e place of importation is situate , such authorisation- being m arked “ in transit

(1) W here th e final destination is in B ritish In d ia or Berar the im port shall be effected under an authorisation granted by the- Governor-General in Council.

47

D a n g e r o u s Drugs. Places from which im ported.

Conditions.

{2) Coca leaf A ny place oufaiide B ritish India.

(3) M anufactu red drugs

A ny place outside B ritish Ind ia.

(2) W here th e final destination is outside B ritish Ind ia or B erar th e im port shall be effected under an au thorisation g ran ted by th e Governor-General in Council, or, in such classes of case as th e Governor-General in Council m ay d irect, b y o r under th e orders of th e Local G overn ­m en t w ith in whose ju risd iction the port, or p lace of im porta tion is situa te , such au thorisation being m arked “ in tra n s it ” .

(1) W here th e final destination is in B ritish In d ia or B erar the im port shall be effected under an authorisation gran ted by th e Local G overnm ent w ith in whose jurisdiction the im porter resides or has his place of business or by an officer empowered in th is behalf b y such Local G overn, m ent.

(2) W here th e final destination is outside B ritish In d ia or B erar th e im port shall be effected under an authorisation gran ted by or under th e orders of th e Local G overnm ent w ith in whose jurisdiction the p o rt or place of im porta tion is situate , or, in such classes of case as th e Governor-General in Council m ay d irect, th e Collector of Customs of the port of im p o rta ­tion, such au thorisation being m arked “ in tran sit

(1) W here th e final destination is in B ritish In d ia or B erar th e im port shall be effected under a n au thorisation gran ted by th e Local G overnm ent w ith in whose jurisdiction the im porter resides or has his place of business or b y an officer empowered iri th is behalf b y such Local G overn­m en t ; and where th e m a n u ­factured drugs, im ported include

48

Dangerous Drugs.Places from w hich

im ported . Conditions.

(4) H em p (exclud­ing charas im ­po rted b y land).

A ny place outside B ritish Ind ia.

preparations, officinal or non-officinal, con tain ing more th a n 0" I per cent, of cocaine or m ore th a n O' 2 per cent, of m orphine or containing any diacetylm orphine, th e bottles, phials, packages or o ther con­ta iners of these preparations or labels affixed to them shall p la in ly exhib it th e actual q u a n tity of the dangerous drug present in each container or sufficient particulars to admit of th e ready calculat ion of such q u an tity .

(2) W here th e final destination is outside B ritish Ind ia or Berar th e im port shall be effected u nder a n au thorisation granted b y or under th e orders of the Local G overnm ent w ith in whose jurisdiction th e port or place of im porta tion is situate , or, in such classes of case as the Governor-General in Council m ay direct, th e Collector of Customs o f the p o rt o f im porta­tion , such au thorisation being m arked “ in tran sit

The im port shall be effected on behalf of a Local Government or under an au thorisation granted b y the Local G overnm ent within whose jurisdiction the importer resides -or has his place of business or b y an officer em­powered in th is behalf by such Local Governm ent.

5. Restriction on use of post office.—The medium of the post office shall not be used for the import in accordance with this Part into British India by sea or by land of any dangerous drug.

P a e t IV.—Export by sea or by land.

6. Export of coca leaf prohibited.—Coca leaf shall not be exported from British India by sea or by land.

49

7. Export by sea : general.—Save as provided in rule 10, dangerous drugs other than coca leaf shall not be exported by sea from British India save under an authorisation granted in accordance with rule 8 and from a port appointed for the purpose in rule 9.

8. Authorisations for export by sea.—(1) The export authorisa­tion referred to in Buie 7 shall be granted in the case of export to a maritime state in India by or under the orders of the Local Government within whose jurisdiction the port of export is situate, and in the case of exports elsewhere by the Collector of Customs at the port of export who shall not without the special permission of the Governor General in Council to be obtained in each case grant an authorisation unless—

(i) in the case of exports of opium, the opium is to be exportedon behalf of the Governor General in Council,

(ii) in the case of exports of dangerous drugs other than opium—

(a) the dangerous drugs are to be exported to a countrywhich has ratified the Geneva Convention ;

(b) there has been produced in the case of export of drugs-other than charas and the ordinary mixtures of which charas forms the base an import certificate from the country of destination in the form annexed and in the case of exports of charas and the ordinary mix­tures of which charas forms the base a special import certificate issued by the Government of the importing country stating tha t the importation is approved for the purposes specified in the certificate and tha t the charas or mixtures will not be re-exported ; and

(c) in the case of exports of diacetylmorphine or its saltsor of preparations containing diacetylmorphine or its salts, the dangerous drug is to be exported to a country in which diacetylmorphine is not manufactured on a request received direct from a Government Department of such country and is to be consigned to the Govern­ment Department specified in the import certificate-

50

FORM OF IMPORT CERTIFICATE.

C o n v e n t io n r e l a t in g t o D a n g e r o u s D r u g s ( I n t e r n a t io n a l Op iu m Co n f e r e n c e , G e n e v a , 1925).

Certificate of Official Approval of Import.No. I hereby certify th a t the Ministry of

....................................... being the Ministrycharged with the administration of the law relating to the dangerous drugs to which the Convention relating to Dangerous Drugs (International Opium Conference, Geneva, 1925) applies, has approved the importationby

(a) Name, address (a).......................................................................and business of im­porter.

(b) Exact descrip- of (b)........ ..............................................................tion and amount ofdrug to be imported.

(c) Name and from (c)..............................................................address of firm in

exporting country from which the drug is to be obtained.

subject to the following conditions(d) State any (d)..........................................................................

special conditions.to be observed, e.g., not to be imported through the post.

and is satisfied that the consignment proposed to be imported is required :(1) For legitimate purposes (in the case of

raw opium and the coca leaf)* ;(2) Solely for medicinal or scientific purposes

(in the case of drugs to which Chapter III of the Convention applies and Indian hemp).

Signed on behalf of the Ministry of ..................(Signature)................................. -

(Official R a n k )......................................______(Date)............................................................................

* W here th e use of p repared opium has n o t y e t been suppressed and it isdesired to im port raw opium for the m anufacture o f p repared opium, thecertificate should be to th e effect th a t th e raw opium to be im ported is required for th e purpose of m anufacturing p repared opium for use under G overnm ent restric tions pending com plete suppression, and th a t i t will not be re-exported.

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MODELE DE CERTIFICAT D IMPORTATION.

C o n v e n t i o n i n t e r n a t i o n a l e d e l ’o p i u m . .

Certificat officiel d’importation. y Nous certifions par la présente que le

Ministère d u .............................chargé de Inappli­cation de la loi sur les stupéfiants vises par la Convention internationale de l’opium a approuvé la’importation par :

а) Nom, addresse et profession del’importateur. «) ...................................................

б) D e s c ription exacte du stupéfiant ■et quantité destinéeà l’importation. de b ) ...................................................

c) Nom e t adresse de la maison du pays -exportateur qui fournit le stupéfiant. en provenance de c ) ...........................

d) Indiquer tou­tes les conditions spéciales à observer; mentionner, par ■exemple, que lestupéfiant ne doit _ .pas être expédié sous réserve des conditions suivantes a)

' P et déclarons que l’envoi destiné à l’importationest nécessaire :

1) pour les besoins légitimes (dans le cas d’opium brut et de la feuille de coca) 1 ,

(2) pour des besoins médicaux ou scientifiques exclusivement (dans le cas des stupé­fiants visés par le chapitre I I I de la Convention, et du chanvre indien).

Pour le ministre et par son ordre...........................(Signé).......................................(Titre) .....................................

(Date)......................................TTLes pays qui n ’o n t pas supprim é l ’hab itude de turner 1 opium et (l™

désirent im porter de l ’opium b ru t pour la fabrication de 1 opium prepa^ doivent déliver des certificates étab lussan t que l ’opium b ru t reserve a l ’im portation est destiné à la fabrication de l’opium préparé, que les tum eurs sont soumis aux restric tions gouvernem entales, en a tte n d a n t la suppression complète de l ’opium e t que l ’opium im porté ne sera pss réexporté.

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(2) In the case of exports of opium from the port of Calcutta export authorizations shall be issued in triplicate, one copy being retained for record, one being handed to the consignor so that it may accompany the consignment and one being despatched to the Government of the importing country in pursuance of clause (4) of Article 13 of the Geneva Convention.

In the case of all other exports except exports to a maritime State in India, the authorization shall be issued in quadruplicate, three copies being disposed of as hereinbefore provided and the fourth being forwarded immediately on the grant of the authoriza­tion to the local excise authorities :

Provided that if a proposed consignment appears to the Collector of Customs to be of an unusual character he shall consult the local excise authorities before granting the authorization.

(3) All authorizations issued under this Rule shall, save where export is to be effected by post under rule 13, be prominently marked “ not available by post

9. Ports from which export to be made.—The dangerous drugs- specified in the first column of the annexed table shall not be ex­ported by sea from British India to a place specified in the corres­ponding entry in the second column, save from a port specified in the corresponding entry of the third column thereof.

Table.

Dangerous Drugs. P lace to which exported.

P o rts from which export permitted.

' A m aritim e S tate in In d ia . Bom bay.

1. Opium . < A ny o ther place outside B ritish

_ In d ia B om bay and Calcutta.

2. H em p and m anufactured drugs ,

A ny place outside B ritish Ind ia . Bom bay, C alcutta , Madras,

Rangoon and K arachi.

10. Special authorisation for export for use on ships.—(1) The- Collector of Customs at any port from which a ship departs from British India may grant an authorization for the export by that ship of such quantity of opium, hemp and manufactured drugs as is in his opinion required for bona fide use on board the ship by the crew and save in the case of pilgrim ships by the passengers.

(2) In the case of a pilgrim ship the Collector of Customs may issue an authorization for the export of an additional quantity of

53

opium hemp and manufactured drugs for use on board the ship by pilgrims. Such authorization shall not be issued save on the authority of an excise permit granted by or under the orders oi the Local Government within whose jurisdiction the port of departure is situate on the strength of a certificate from the Port Health Officer that opium, hemp and manufactured drugs to the quantity involved are necessary for the use of pilgrims on board the ship.

11. Export by land.—Dangerous drugs other than coca leaf shall not be exported by land from British India save under an export authorization granted by a Local Government or by an officer authorised in tha t behalf by a Local Government :

Provided tha t an export authorization shall not be required in the case of—

(а) the export of manufactured drugs which have been importedinto British India in transit to a place outside British India under an import authorization marked “ in transit " by the authority issuing the same ;

(б) opium or hemp exported personally by a traveller to aFrench or Portuguese Settlement in India or to a State m India, up to the limit of quantity within which possession is allowed without a pass on the British Indian side of the Frontier ;

(c) manufactured drugs so exported by such traveller which have been lawfully obtained for the personal use of the traveller or his family from a recognised physician_ or a licensed pharmacist in British India.

12. Provisions regarding authorizations for export by land.—(1) The export authorization referred to in rule 11 shall not be granted for export to a country other than a State in India unless an import certificate from the Government of the importing country has been produced in the form or to the effect required by clause (ii) of sub-rule (1) of rule 8 ; and where the importing country has not ratified the Geneva Convention, such export authorization shall not, in the case of an unusually large consignment, be granted without prior reference to the Governor General in Council, unless the export is being effected in accordance with standing orders approved by the Governor General in Council.

(2) Every such export authorization shall, save where export is to be effected by post under rule 13, be prominently marked “ not available by post ” and shall be issued in triplicate, the three copies being disposed of in the manner specified in sub-rule (-) ot rule 8.

13. Extent to which use of post office allowed.—(1) Save as pro- vided in sub-rules (2) and (3) the medium of the post office shall not be used for the export in accordance with this Part from British. India by sea or by land of any dangerous drug.

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(2) Where dangerous drugs are to be exported in accordance •with this P art to a French or Portuguese Settlement in India, the export authorization may be marked “ available by parcel post :

Provided as follows :—(a) The export authorization shall not be so marked unless an

import certificate from the Government of the importing territory expressly authorising import into tha t territory by post and stating tha t the drugs in question are required for medicinal purposes only has been produced ;

(b) If the drugs are to be exported by sea, the export autho­rization referred to in rule 8 shall be granted either by the Collector of Customs at the port of export or, by or under the orders of the Local Government within whose juris­diction the Post Office of despatch is situate;

(c) The number of copies required under rule 8 or rule 12 of theexport authorization shall be increased by one, the addi­tional copy being handed to the consignor for production at the Post Office of despatch.

(3) Where dangerous drugs are to be exported in accordance with this P art to a State in India the export authorization may be marked “ available by parcel post ” :

Provided as follows :—(a) The export authorization shall not be so marked unless

an import certificate or import authorization issued by the proper authority in the importing State has beenproduced ;

{b) Any parcel containing dangerous drugs so exported shall beinsured and shall be accompanied by a declaration to besigned by the person despatching the parcel and handed in at the office a t which the parcel is tendered for transmis­sion stating the names of the consignor and consignee, the contents of the parcel in detail, the number and date of the export authorization and import certificate or import authorization relating to the parcel, the number of the licence held by the consignee and such other particulars as the Local Government may determine ;

(c) The number of copies required under rule 8 or rule 12 of theexport authorization shall be increased by one, the addi­tional copy being handed to the consignor for production at the Post Office of despatch ;

(d) Any Local Government may, notwithstanding anythingcontained in this sub-rule, prohibit the despatch bv post of any dangerous drug from any place within its jurisdic­tion to any specified State in India.

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P a r t V .— Transhipment.

14. Transhipment.—(1) No dangerous drug shall be transhipped at any port in British India save with the permission of th e Customs Collector.

(2) The Customs Collector shall not grant the permission referred to in sub-rule (1) save under the special orders of the Governor- General in Council in each case unless—

(а) the country from which the drugs have been shipped andthe country to which the drugs are consigned are signatories to and have ratified the Geneva Convention,, and

(б) the drugs are covered by an export authorization or adiversion certificate granted in accordance with Article 13 or Article 15, as the case may be. of the said Convention by or under the authority of the Government of the country from which they have been shipped and such authoriza­tion or certificate is produced for the inspection of the- Customs Collector in accordance with Article 15 of the said Convention.

[Governm ent of Ind ia , F inance D epartm en t (C. R .) N otification No. 1 Dangerous D rugs, d a ted 18th F ebruary 1933, as am ended b y the G overnm ent of India, F inance D epartm en t (C. R .), Notifications, No. 4-Dangerous D rugs, dated 7 th April 1934 and No. 8-Dangerous Drugs, dated 12th October 1935.]

6. B e r a r D a n g e r o u s D r u g s ( Im p o r t a n d E x p o r t ) R u l e s , 1934..

In exercise of the powers conferred by sub-section (2) of section 7 of the Dangerous Drugs Act, 1930 (II of 1930), as applied to Berar, the Governor-General in Council is pleased to make th e following rules, the same having been previously published as- required by sub-section (1) of section 36 of the said Act, namely :

P a r t I . — .Preliminary.

1. Short title, commencement, repeal and application.—(i) These- rules may be called the Berar Dangerous Drugs (Import and Export) Rules, 1934.

(ii) They shall come into force on the 1st of July 1934, where­upon all rules (not being rules regulating the import of charas iiito Berar by land) made by whatever authority under an enactment specified in the first three columns of Schedule II to the Dangerous Drugs Act, 1930 (II of 1930), as applied to Berar, and for a purpose specified in sub-section (2) of section 7 of the said Act shall be cancelled except as regards anything done or any offence committed or any fine or penalty incurred or any proceedings instituted before the said date.

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(Hi) Nothing in these rules shall apply to the import of charas into Berar by land.

2. Definition.—In these rules the expressions “ dangerous drug ” and “ manufactured drug ” do not include prepared opium.

P a r t I I .— General prohibition of import and export by air.

3. No dangerous drug shall be imported into or exported from ZBerar by air.

P a r t I I I .—Import by land.

4. General.—No dangerous drug shall be imported into Berar "by land from the Hyderabad State save in accordance with the■ conditions specified in the second column of the annexed table for the import of the dangerous drugs specified in the corresponding

• entry in the first column thereof :Provided th a t the Local Government may by general or special

order permit a traveller to import personally into Berar by land from the Hyderabad State opium or hemp up to the limit of quantity within which possession by him is allowed without a pass in Berar.

T a b l e .

D angerous Drugs. Conditions.

.(1) Opium .

4,2) Coca leaf

(1) W here the final destina tion is in B erar, the im port shall be effected (i) on behalf of th e G overnor General in Council, or (ii) under an authorisation gran ted , w ith th e general or special consent of the Governor G eneral in Council b y th e Local G overnm ent or by an officer em powered in th is behalf by th e Local G overnm ent.

(2) W here th e final destination is another p a r t of the H yderabad S ta te , th e import shall be effected u nder an authorization g ran ted b y or u nder th e orders of the Local G overnm ent, such authorization being m arked “ in tra n s it ” .

(1) W here th e final destina tion is in Berar, th e im port shall be effected under an au tho riza tion g ran ted b y th e Local G overnm ent or b y an officer empowered in th is behalf b y th e Local Government.

57

D angerous Drugs. Conditions.

(3) M anufactured drugs

(i) Hem p (excluding charas im ported b y land).

(2) W here the final destina tion is ano ther p a r t o f the H y d erab ad S tate , th e im port shall be effected u nder an au thorization gran ted b y or under th e orders of th e Local G overnm ent, such au thorization being m arked “ in tran s it ” .

(1) W here th e final destination is in B erar, th e im port shall be effected under an au thorization g ran ted b y th e Local G overnm ent or by a n officer em powered in th is behalf by the Local G overnm ent : and where the m anufactu red drugs im ported include preparations, officinal or non-officinal, contain ing m ore th a n 0" 1 per cent, of cocaine or m ore th a n 0-2 per cent, of m orphine or containing any diacetylm orpine, the bottles, phials, packages or o ther containers o f these preparations or labels affixed to them shall plain ly exhibit the actual q u an tity of th e dangerous drug p resen t in each container or sufficient particu lars to adm it of th e ready calculation o f such quan tity .

(2) W here the final destination is ano ther p a r t of the H yderabad S ta te , the im port shall be effected under an au thorization g ran ted by or under the orders of the G overnm ent of th e Central Provinces, such au thoriza tion being m arked “ in tra n s it

The im port shall be effected on behalf of th e Local G overnm ent or under an au tho riza tion g ran ted b y th e Local G overnm ent or by an officer empowered in th is behalf by th e Local Governm ent.

5. Restriction on use of post office.—The medium of the post office shall not be used for the import in accordance with this P art into Berar by land of any dangerous drug.

P a r t I V.— Export by land.

6. Export of coca leaf prohibited.—Coca leaf shall not be exported from Berar by land.

7. Export by land.—Dangerous drugs, other than coca leaf, shall not be exported by land from Berar save under an export authori­zation granted by the Local Government or by an officer authorized in that behalf by the Local Government :

58

Provided tha t an export authorization shall not be required in the case of—

(a) the export of manufactured drugs which have been importedinto Berar in transit to a place outside Berar under an import authorization marked “ in transit ” by the autho­rity issuing the same ;

(b) opium or hemp exported personally by a traveller to aFrench or Portuguese Settlement in India or to a State in India, up to the limit of quantity within which possession is allowed without a pass in Berar ;

(c) manufactured drugs so exported by such traveller whichhave been lawfully obtained for the personal use of the traveller or his family from a recognised physician or a licensed pharmacist in Berar.

8. Provisions regarding authorizations for export by land.— (!)• The export authorization referred to in rule 7 shall not be granted for export to a country other than a State in India unless an import certificate from the Government of the importing country has been produced in the form annexed, and where the importing country has not ratified the Geneva Convention, such export authorization shall not, in the case of an unusually large consignment, be granted without prior reference to the Governor-General in Council, unless the export is being effected in accordance with standing orders approved by the Governor-General in Council.

(2) Every such export authorization shall, save where export is to be effected by post under rule 9, be prominently marked “ not available by post ” and shall be issued in triplicate, one copy being retained for record, one being handed over to the consignor so that i t may accompany the consignment and one being despatched to the Government of the importing country in pursuance of clause (4) of Article 13 of the Geneva Convention.

9. Extent to which use of post office allowed.—(1) Save as pro­vided in sub-rules (2) and (3) the medium of the post office shall no t be used for the export in accordance with this P art from Berar by land of any dangerous drug.

(2) Where dangerous drugs are to be exported in accordance with this P art to a French or Portuguese Settlement in India, the export authorization may be marked “ available by parcel post ” .

Provided as follows :—(a) The export authorization shall not be so marked unless an

import certificate from the Government of the importing territory expressly authorizing import into th a t territory by post and stating th a t the drugs in question are required for medicinal purposes only has been produced.

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(6) The number of copies required under rule 8 of the export authorization shall be increased by one, the additional copy being handed to the consignor for production a t the post office of despatch.

(3) Where dangerous drugs are to be exported in accordance with this P art to a State in India the export authorization may be marked “ available by parcel post

Provided as follows :—(а) The export authorization shall not be so marked unless an

import certificate or import authorization issued by the proper authority in the importing State has been produced ;

(б) Any parcel containing dangerous drugs so exported shall beinsured and shall be accompanied by a declaration to be signed by the person despatching the parcel and handed in a t the office a t which the parcel is tendered for transmission stating the names of the consignor and consignee, the contents of the parcel in detail, the number and date of the export authorization and import certi­ficate or import authorization relating to the parcel, the number of the licence held by the consignee and such other particulars as the Local Government may determine ;

(c) The number of copies required under rule 8 of the exportauthorization shall be increased by one, the additional copy being handed to the consignor for production at the post office of despatch ;

(d) The Local Government may, notwithstanding anythingcontained in this sub-rule, prohibit the despatch by post of any dangerous drug from any place within Berar to any specified State in India.

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MODELE DE CERTIFICAT D’IMPORTATION.

C o n v e n t io n in t e r n a t io n a l e d e l ’o p iu m .

Certificat officiel d’importation.N°

Nous certifions par la présente que leMinistère due ............................... chargé del’application de la loi sur les stupéfiants visés par la Convention internationale de l’opium a approuvé la’importation par :

(a) Nom, adresse et profession del ’importateur. a) ...............................................

6) Description exacte due stupé­fiant et quantité destinée à l ’impor­tation. de b ) ...................................................

c) Nom et adresse de la maison du pays exportateur qui four­nit le stupéfiant. en provenance de c)...........................

d) Indiquer tout­es les conditions spéciales à observer; mentionner, par ex­emple, que le stu­péfiant ne doit pas sous réserve des conditions suivantesêtre expédié par la d) .................................................poste ...............................................................

et déclarons que l’envoi destiné a l ’importation est nécessaire :

1) pour les besoins légitimes (dans le casd’opium brut et de la feuille de coca)1;

2) pour des besoins médicaux ou scientifiquesexclusivement (dans le cas des stupé­fiants visés par le chapitre III de la Convention, et du chanvre indien).

Pour le ministre et par son ordre---------------(Signé)......................................(Titre)...................................... -

____________(D a te)......................................... ................................1 Les pays qui n ’on t pas supprim é l ’hab itude de fum erl ’opium e t qui

désiren t im porte r de l ’opium b ru t pour la fabrication de l ’opium préparé d o i v e n t d é l i v r e r des certificats étab lissan t que l ’opium b ru t réservé a l ’im porta tion est destiné à la fabrication de l ’opium préparé , que les fumeurs so n t soumis aux restric tions gouvernem entales, en a t te n d a n t la suppression com plète d e l ’opium e t que l'opium im porté ne sera pas réexporté.

61

FORM OF IMPORT CERTIFICATE.

C o n v e n t i o n r e l a t i n g t o D a n g e r o u s D r u g s ( I n t e r n a t i o n a l O p iu m C o n f e r e n c e , G e n e v a , 1925).

Certificate of Official Approval of Import.No. I hereby certify th a t the Ministry o f ..........

.............. being the Ministry chargedwith the administration of the law relating to the dangerous drugs to which the Convention re­lating to Dangerous Drugs (International Opium Conference, Geneva, 1925) applies, has ap ­proved the importation by

(а) Name, address ( a ) .................. .................................................. ..and business ofimporter.

(б) Exact descrip- of (6) ................................ ............................ ..tion and amount ofdrug to be imported.

(c) Name and from (c)............................ .......................................address of firm in exporting country from which the drug is to be obtained.

subject to the following conditions(cZ) State any spe- (d) .......................................................................

cial conditions to be observed, e.g., not to be imported throughthe post. and is satisfied tha t the consignment proposed

to be imported is required :(1) For legitimate purposes (in the case of

raw opium and the coca leaf)* ;(2) Solely for medicinal or scientific purposes

(in the case of drugs to which Chapter I I I of the Convention applies and Indian hemp.)

Signed on behalf of the Ministry Of ........(Signature) .................. ...............

(Official R a n k ) .............. ..(D ate)..........................................

* Where the use of prepared opium has not yet been suppressed and it is desired to import raw opium for the manufacture of prepared opium, the certificate should be to the effect that the raw opium to be imported is re­quired for the purpose of manufacturing prepared opium for use under Government restrictions pending complete suppression, and that it will not be re-exported.

[Government of India, Finance Department (C. R.) Notification No. 9 Dangerous Drugs, dated 23rd June 1934.]

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7. Ce n t r a l Ch a r a s ( I m p o r t b y l a n d ) R u l e s , 1935.

In exercise of the powers conferred by sub-sect ion (2) of section 7 of the Dangerous Drugs Act, 1930 (II of 1930), the Governor General in Council is pleased to make the following rules, the same havmg been previously published as required by sub-section (1) of section 36 of the said Act, namely :—

1. Short title, commencement, repeal and application.—(1) These rules may be called the Central Charas (Import by land) Rules,

.1935.(2) They shall come into force on the 1st October 1935 where­

upon all rules regulating the import of Charas into British India by land made by whatever authority under an enactment specified in the first three columns of Schedule I I to the Dangerous Drugs Act, 1930 (II of 1930), and for a purpose specified in sub-section (2) of section 7 of the said Act, shall be cancelled except as regards anything done or any offence committed or any fine or penalty incurred or any proceedings instituted before the said date.

2. Charas shall not be imported into British India by land through the medium of the post office or save in accordance with the following conditions, namely :—

(1) Where the final destination is in British India the import—(a) shall be effected on behalf of a Local Government or under

an import authorisation granted by the Local Govern­ment within whose jurisdiction the importer resides or has his place of business, or by an officer empowered in this behalf by such Local Government, and

(b) in the case of import from Central Asia shall be subject tothe additional requirements and restrictions imposed bv rule 3.

(2) Where the final destination (i) in the case of import from a. State in India is another part of the same State or (ii) in the case of import from a foreign settlement in India is another part of the same settlement, the import shall be effected under an authorisation granted by or under the orders of the Local Government within whose jurisdiction the place of importation is situated, such autho­risation being marked “ in transit ” ,

3. The additional requirements and restrictions applicable to -the import of charas by land from Central Asia shall be as follows :—-

(1) Import shall not be effected save by one of the following routes —

: (a) , by the road: leading into the Punjab from Leh across the_ , Lingti Plain over the Baralacha Pass through Lahul, via

JCyelang and Koksar, across the Rphtang pass to Manali :

63

Provided th a t this route shall not be used from the 20th September to the 30th June ;

(ii) by the Kashmir route from Leh, leading into the Punjab, via Kohala and Murree : Provided that this route shall not be used from the 1st November to the 31st May ;

(in) from Leh by the Srinagar-Banihal-Jammu motor route leading into the Punjab : Provided th a t this route shall not be used from the 1st November to the 31st May ;

(it?) by the Gomal route, leading into the North-West Frontier Province, via Khajuri Kuch, Murtaza and Manjhi ;

(t?) by the Chitral route leading into the North-West Frontier Province.

(2) Charas imported by any of the three routes leading into the Punjab shall be obtained from the warehouse established a t Leh.

(3) Charas imported by the Chitral route shall be obtained from the bonded warehouse established at Chitral.

(4) Charas shall be imported in packages of not less than 10 seers in weight each and of the form regularly used and recognised by the trade.

(5) Only charas imported by contractors in the United Provinces shall be imported via the S r in a g a r - B a n ih a l -Jammu route and such charas shall pass through the Punjab in bond without being regis­tered in one of the Punjab warehouses, but shall be registered at the Custom House, Jammu, Tawi, under the supervision of the Deputy Inspector in charge of the House.

(6) Charas not covered by sub-rule (5) imported into the Punjab or the North-West Frontier Province shall be conveyed direct to a bonded warehouse established for the storage of charas under the Excise Law in force in the Punjab or the North-West Frontier Province, as the case may be, according to the route taken, as follows :—

(i) charas im ported across th e R o h tan g Pass (ii) charas im ported by th e K ashm ir rou te

(in) charas im ported b y th e Gomal rou te

(iu) charas im ported b y th e Chitral rou te

(7) Charas imported through the Punjab or the North-West Frontier Province direct into any other province of British India shall be conveyed to a warehouse established for the storage of charas under the Excise Law in force in the province of import, the journey to the warehouse being effected, so far as possible, by rail.

. S u ltanpu r W arehouse. R aw alpindi W arehouse. D era Ism ail K han W are­

house.P rovincial W arehouse, Peshaw ar.

64

(8) All charas imported shall be deemed to be in bond and no package shall in any circumstances be opened or broken in bulk on its way to the bonded warehouse in British India. On arrival at the place of destination, the charas consignment shall be delivered up, along with the import authorisation covering the consignment for the inspection of the Officer-in-charge of the Warehouse.

(9) On any package of charas lost or abstracted from any con­signment while in British India in transit to the bonded ware­house duty shall be payable to the Local Government of the Province in which the loss or abstraction occurred at the rate of excise duty chargeable on charas under the law in force in tha t Province.

(10) The authorisation referred to in sub-clause (a) of clause (1) of rule 2 shall be issued in the annexed form. A copy of every authorisation shall be retained for record by the authority issuing it. A second copy shall, be handed to the importer so tha t it may accompany the consignment. A third copy shall be sent to the Joint Commissioner a t Leh or the Officer-in-charge, Chitral Bonded Warehouse, as the case may be, or, if either of these officers be empowered under rule 2 to issue authorisations, he shall send the third copy to the Local Government so empowering him. A fourth copy shall be sent to the Officer-in-charge of the bonded warehouse in the province in which the place of destination is situate. In respect of charas imported into a province other than tha t in which the place of importation is situate, an additional copy shall be sent to the Government of the latter province ; in respect of charas imported via Kashmir an additional copy shall be sent to the Inspector of Customs and Excise, Srinagar, Kashmir.

4. Notwithstanding anything contained in rule 2, the Local Government may by general or special order permit a traveller to import charas personally into British India by land from a State in India or foreign settlement in India up to the limit of quantity within which possession by him is allowed without a pass on the British Indian side of the frontier.

Form of authorisation for import of charas by land.

Import Pass No.--------------------------------------Date--------------- 19 .

Being charged with the duty of regulating the import of charasby land into the Province of --------- I hereby authorise theimportation of charas according to the following particulars, by :—

(1) Name of owner with father’s name andaddress. . . . . . (1 )_______________

(2) Name of the licensed importer (of theplace of destination) with father’s name and address. ,'2V

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(3) Name with father’s name of the Agentauthorised by the owner to remove charas or the name of owner if he is present. (3)

(4) Name and address of the carrier in (4) -----------------------whose charge charas is despatched.

(4a) Quantity of charas to be imported . (4a)---------------- ------(5) Number of packages . . . • (5) —--- ---(6) Gross weight of packages . . . (6) —----------------------(7) Name and locality of the bonded Ware- (7 )--------------------- —

house to which the charas is con­signed.

(8) Place from and the route by which the (8 )------------------------consignment of charas is to be import­ed and conveyed to the bonded warehouse.

(9) Period within which the importation isto be effected. (9) within a period of

--------- from thedate of this au­thorisation.

(10) Description of each bundle :—So. Weight. Year of despatch

from Yarkand. Year of Im port intoLeh or Chitral.

(Sufficient space for entry of about 40 bundles.)

(11) Remarks in regard to any increase or (11)---------------------—decrease found in the weight of any of the bundles a t the time of removal by repairs or dry age, etc.

(Signature and full official designation of the Officer issuing the authorisation.)

[Governm ent o f Ind ia, F inance D epartm en t (C. R-), N otification No. 6* Dangerous D rugs, d a ted 14th Septem ber 1935.]

GIPD—MG9 IF DC BR—31-7-36—4,500.