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The Narcotic Drugs and Psychotropic Substances Rules, 1985. 17-19 th July, 2007. Inception of the said rules. Section: 9 – The N.D.P.S. Act, 1985 “Power of Central Government to permit, control and regulate”. Section: 76 – The N.D.P.S. Act, 1985
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The Narcotic Drugs and Psychotropic Substances Rules, 1985 17-19th July, 2007
Inception of the said rules. Section: 9 – The N.D.P.S. Act, 1985 “Power of Central Government to permit, control and regulate” Section: 76 – The N.D.P.S. Act, 1985 “Power of Central Government to make rules”
Important points relating to the said rules • Came into existence on 14th November, 1985; • The rules governs the licit Opium Poppy cultivation in India; • The authority looking after – Narcotics Commissioner; • Crop year means – 1st October to 30th September; • “Licence” means a licence issued under these rules; • “Proper Officer” - the officer of Narcotics Department who is assigned those functions by the Narcotics Commissioner; • Total Chapters – VIII & Schedule – I, II, III.
The N. D. P. S. Rules, 1985 Chapter : I • This chapter contains Short title and date of commencement; and • Definitions of various legal terms.
The N. D. P. S. Rules, 1985 Chapter : II • The chapter deals with the Power of Officers. • Narcotics Commissioner appointed under section: 5 of the Act, may authorise any officer subordinate to him, to exercise all or any of his powers under these rules.
The N. D. P. S. Rules, 1985 Chapter : III • The chapter mainly deals with the provisions guiding opium poppy cultivation and production of opium and poppy straw; • Production of opium or poppy straw shall not be cultivated save on account of the Central Government; • Licence is being issued by the District Opium Officer under rule – 8; • District Opium Officer may designate one of the cultivators of opium poppy as Lambardar under rule - 10; • All opium, opium poppy shall be delivered by the cultivators to the District Opium Poppy Officer under rule – 14.
The N. D. P. S. Rules, 1985 Chapter : IV • The chapter deals with the provisions guiding Manufacture, Sale and Export of Opium; • Opium shall not be manufactured save by the Central Government Opium Factories at Ghazipur and Neemuch as prohibited under rule - 31; • The export of opium is prohibited save when the export is on behalf of the Central Government under rule - 32; • The price to be charged for Opium sold shall be fixed by the Central Government as it may deem fit under rule – 34.
The N. D. P. S. Rules, 1985 Chapter : V • The chapter deals with the provisions guiding Manufacture Drugs; • The manufacture of Crude cocaine, ecgonine and its salts and of diacetyl-morphine and it salts is prohibited under rule - 35; • The manufacture of morphine, codeine, dionine, thebaine and various drugs of morphine / codeine groups and their salts is prohibited save by the Government Opium Factory – rule 36; • Manufacture of synthetic manufactured drugs is prohibited save under a licence granted by the Narcotics Commissioner, Gwalior – rule 37.
The N. D. P. S. Rules, 1985 Chapter : VI • The chapter deals with the provisions relating to Import, Export, and Transhipment of Narcotic Drugs and Psychotropic Substances; • The import and export of Narcotic Drugs and Psychotropic Substances specified in Schedule - I is prohibited – rule 53; • The import of opium, concentrate of poppy straw and morphine, codeine, thebaine, and their salts is prohibited save by the Government Opium Factory – rule 54; • Prohibition of import & export through a post office box, etc. – rule 63.
The N. D. P. S. Rules, 1985 Chapter : VII • The chapter deals with the provisions relating to Manufacture, Possession & Transport of Psychotropic Substances; • No person shall manufacture, possess, transport, sell, purchase, consume or use any of the substances specified in Schedule I – Rule 64; • Other than those shall be in accordance with the conditions of a licence granted under the Drugs & Cosmetics Act, 1940 – rule 65; • Consignment transported shall accompanied by a Consignment Note in Form 6 – rule 67;
The N. D. P. S. Rules, 1985 Chapter : VIIA • The chapter deals with the special provisions regarding Manufacture, Possession, Transport, Import-Export, Purchase and Consumption of Narcotic Drugs and Psychotropic Substances for Medical, Scientific and Training Purposes; • A narcotic drug and psychotropic substance may be used for under Special provisions for medical and scientific purposes – rule 67A; • Samples may be supplied to enforcement agencies and a record to be maintained – rule 67B
The N. D. P. S. Rules, 1985 Chapter : VIII • The chapter deals with Repeal & Savings; • The Central Opium Rules, 1934, The Dangerous Drugs (Import, Export and Transhipment) Rules, 1957, and The Central Manufactured Drugs Rules, 1962 are hereby repealed – rule 68.
SCHEDULE – I(See rules 53 and 64) • Narcotic Drugs 1. Coca Leaf 2. Cannabis (Hemp) 3. (a) Acetorphine (b) Diacetylmorphine (Heroin) (c)Dihydrodesoxymorphine(Desmorphine) (d) Etorphine (e) Ketobemindone • Psychotropic Substances 1. Etryptamine 2. Methaqualone 3. Methcathinone 4. Salts and preparations of above.
SCHEDULE – II(See rule 53A) Psychotropic Substances About 45 different Substances in the list.
SCHEDULE – III(See rule 65(1) proviso) • GRANT OF LICENCE FOR MANUFACTURE OF PSYCHOTROPIC SUBSTANCES FOR EXPORT ONLY. About 34 different Substances and their Salts and preparation in the list.