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The Punjab Opium Prohibition Rules , 1959

3e04810aca003e6233b0968b787ab579775cf4ee · 1914 · Punjab

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Parent: The Punjab Excise Act, 1914(Bare Act ) (b6edcd3a983bebfe37c16be851c67631b836d390)

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The Punjab Opium Prohibition Rules , 1959 Published vide Notification Punjab Notification No . 1403 -E and T(7)-59/1564 dated 26-31959 1 . Short title , extent and commencement . -(1) These rules may be called the Punjab Opium Prohibition Rules , 1959 . They shall extend to the whole of the State of Punjab and shall come into force on the 1st April , 1959 . 2 . Definitions . -(1) In these rules , unless there is anything repugnant in the subject or context - (a) ' Act ' means the Opium Act , 1878 (1 of 1878) ; (b) ' Chief Medical Officer ' means the Chief Medical Officer or other Principal Medical Officer of the district , or any] other officer authorised by him in this behalf; (c) The expression ' Excise Officer ' means and includes every officer invested with the power of an Excise Officer under the Punjab Excise Act , 1914 (1 of 1914); (d) The expression ' Excise and Taxation Officer ' means the officer holding charge of the excise administration of the district and includes an Assistant Excise and Taxation Officer serving their in; (e) The expression ' Excise Commissioner ' means the Excise and Taxation Commissioner , Punjab or the Joint Excise and Taxation Commissioner , Punjab . (f) ' Form ' means a form appended to these rules ; (g) ' Government ' means the Government of the State of Punjab; (h) The expression ' Medical Board ' or ' Medical Officer ' means the Medical Board constituted or Medical Officer ' appointed by the Chief Medical Officer concerned for recommending the grant of permits for oral consumption of opium on medical grounds ; (i) ' pass ' means a pass granted under these rules ; and (j) ' permit ' means a permit granted under these rules . The words and expressions used but not defined in these rules shall have the meanings respectively assigned t

Rule TOC

1 · . Short title , extent and commencement . -(1) These rules may be called the Punjab Opium Prohibition Rules , 1959 .
2 · . Definitions . -(1) In these rules , unless there is anything repugnant in the subject or context -
3 · . Possession without permit prohibited . -The possession of opium in any quantity by any person except under and in accordance with the conditions of his permit granted under these rules or under an appropriate licence or permit as the case may be granted under the Opium Act , 1878 (1 of 1878) or the Dangerous Drugs Act , 1930 (II of 1930) , or the Medicinal and Toilet Preparations (Excise Duties) Act , 1955 , is prohibited .
4 · . Possession on medical grounds . -(1) Any person desiring to possess opium for purposes of personal oral consumption on medical grounds only shall make an application for a permit to the Chief Medical Officer .
4A · . Notwithstanding anything contained in rule 3 an opium addict may import into Punjab and possess opium obtained by him on the authority of a permit issued in his favour by another State in India , upto the extent of the quantity authorised in the permit provided that;
5 · . Quantity for which permit will be issued . -A permit in form O . P . 1 . shall be granted in respect of such quantity of opium as may be prescribed by the Medical Board or the Medical Officer , as the case may be , in accordance with the orders and directions issued by the Excise Commissioner from time to time :
6 · . Duration of permit . -No permit shall be granted under the above provisions for and period beyond the 31st March , next following the date of the commencement of the permit .
7 · . Depots for sale of opium . -Depots for sale of opium shall be established at such place as the Excise Commissioner may from time to time direct and such depots shall normally be located in Government-owned hospitals or dispensaries under the direct control of Chief Medical Officer .
8 · . Supply of opium of depots . -Opium required for sale at the depots shall be obtained from the Government treasuries , specified for the purpose by the Excise Commissioner , on payment of ex-treasury issue price fixed by Government . Government treasuries shall obtain opium from the Government of India Opium and Al-kaloid Works , Ghazipur (Uttar Pradesh) or from such other sources as Government may direct .
9 · . Sale at places other than depots prohibited . -Opium shall not be sold at any place except at a depot established under rule 7 and a detailed day to day account of sales shall be maintained in the register in form O . P . 2 . The Chief Medical Officer shall forward to the Excise and Taxation Officer concerned a monthly statement in Form O . P . 3 , .
10 · . Transport of opium . -Any person desirous of transporting opium which he is authorised to possess shall apply for the grant of a pass to the Excise and Taxation Officer concerned:
11 · . Opening of packets during transport . -No packet containing opium shall be opened during its transport :
12 · . Restrictions on transport . -No railway administration shall -
13 · . Transport of Opium on behalf of infirm and invalid persons . -Any person may , without any permit , purchase , possess and transport opium on behalf of an infirm or invalid person , who is physically unfit to purchase , possess and transport opium , provided that -
14 · . Depots not required to obtain Licence or permit . -Notwithstanding anything contained in the foregoing rules , no licence or permit shall be necessary for the purchase , possession and sale of opium by or on behalf of depots established under rule 7 .
1 · . This permit shall remain in force from . . . . . . . . . . . to . . . . . . . . . (both days inclusive)
2 · . (1) The permit holder shall not purchase during any one month opium exceeding . . . . . . . . [grams] :
3 · . (1) The permit-holder shall not obtain his supplies of opium from any place except from a depot established under rule 7 of the Punjab Opium Prohibition Rules , 1959 .
4 · . The opium purchased under this permit shall neither be used by any person other than a permit-holder , nor shall it be used by the permit-holder for any purpose other than that where for this permit is granted .
5 · . The privileges of purchase , transport and possession of opium granted under this permit shall extend only so far as they are incidental to its consumption by the permit- holder .
6 · . The permit shall be non-transferable and may be suspended or cancelled due to the breach of any its conditions or on any other ground to be stated in writing by the Excise Commissioner .
7 · . If the permit is cancelled during its currency or is not renewed on its expiry , the whole of the unconsumed stock of opium shall forthwith be surrendered to the Chief Medical Officer concerned or the officer authorised by him in this behalf and he shall not be entitled to any compensation therefor .
1 · . Pass number .
2 · . Date .
3 · . Name and address of the person authorised to transport opium .
4 · . Number of packages , quantity and description of opium to be transported .
5 · . Place from which the opium is to be transported .
6 · . Place to which the opium is to be transported .
7 · . Name of consignee and his full address
8 · . Route by which the opium is to be conveyed .
9 · . Period for which the pass is to remain in force .
10 · . Remarks .
1 · . Pass number .
2 · . Date .
3 · . Name and designation of the person authorised to transport opium .
4 · . Quantity of opium to be transported .
5 · . Name and location of the treasury from which transported .
6 · . Name and location of the depot to which transported .
7 · . Period of the validity of the pass .
8 · . Remarks .