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Untitled Document

MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
NEW DELHI

NOTIFICATION

Dated: March 25, 2015

G.S.R. 224(E). - In exercise of the powers conferred by section 9, read with section 76, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules further to amend the Narcotic Drugs and Psychotropic Substances Rules, 1985, namely:-

1. (1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Second Amendment) Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Narcotic Drugs and Psychotropic Substances Rules, 1985 (hereinafter referred to as the said rules), for rule 53, the following rule shall be substituted, namely:-

"53. General prohibition.-Import into and export out of India of the narcotic drugs and psychotropic substances is prohibited except with an import certificate or export authorization issued under the provision of this Chapter.

Provided that import into India or export out of India of the narcotic drugs and psychotropic substances specified in Schedule I of these rules shall be for the purpose mentioned in Chapter VIIA.".

3. Rule 53A of the said rules shall be omitted.

4. In rule 55 of the said rules, -

(i) in sub-rule (1), the words "specified in the Schedule of the Act" shall be omitted;

(ii) for sub-rule (3) and sub-rule (4), the following sub-rules shall be substituted, namely:-

"(3) Every application for an import certificate shall be in such form and manner and provide such details as may be specified by the Narcotic Commissioner.

(4) A fee of rupees one thousand shall be paid to the Central Government alongwith the application under sub-rule (1) for issue of each import certificate under this rule.".

5. In rule 56 of the said rules,-

(i) sub-rule (1) shall be renumbered as sub-rule (1A) and before sub-rule (1A) so renumbered, the following sub-rule shall be inserted, namely:-

"(1) The Narcotics Commissioner shall issue or deny the import certificate referred to in sub-rule (1) of rule 55 within a period of twenty one working days from the date of receipt of an application completed in all respects and in case the import certificate is not issued within the stipulated time period or denied, the Narcotics Commissioner or any other officer authorised by him in this regard shall inform the applicant the reasons thereof.";

(ii) in sub-rule (1A), -

(a) the words "referred to in sub-rule (1) of rule 55" shall be omitted;

(b) for the words "Collector of Customs", wherever they occur, the words "Commissioner of Customs" shall be substituted.

6. In rule 57 of the said rules, the words "specified in Schedule of the Act" shall be omitted.

7. In rule 58 of the said rules,-

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) No narcotic drug or psychotropic substance shall be exported out of India without an export authorization issued by the issuing authority in respect of the consignment, in Form No. 5 appended to these rules.";

(ii) for sub-rule (3) and sub-rule (4), the following sub-rules shall be substituted, namely:-

"(3) Every application for an export authorization shall be in such form and manner and provide such details as may be specified by the Narcotic Commissioner.

(4) A fee of rupees one thousand shall be paid to the Central Government alongwith the application under sub-rule (1) for issue of each export authorization under this rule.".

8. In rule 59 of the said rules,-

(i) sub-rule (1) shall be renumbered as sub-rule (1A) and before sub-rule (1A) so renumbered, the following sub-rule shall be inserted, namely:-

"(1) The Narcotics Commissioner shall issue or deny the export authorization referred to in sub-rule (1) of rule 58 within a period of twenty one working days from the date of receipt of an application completed in all respects and in case the export authorization is not issued within the stipulated time period or denied, the Narcotics Commissioner or any other officer authorised by him in this regard shall inform the applicant the reasons thereof.";

(ii) in sub-rule (1A),

(a) the words "referred to in sub-rule (1) of rule 58" shall be omitted;

(b) for the words "Collector of Customs", the words "Commissioner of Customs" shall be substituted.

9. In rule 60 of the said rules,-

(i) the words "specified in Schedule of the Act" shall be omitted;

(ii) for the words "Collector of Customs", the words "Commissioner of Customs" shall be substituted.

10. In rule 61 of the said rules,-

(i) for the words "Collector of Customs", the words "Commissioner of Customs" shall be substituted;

(ii) the words "specified in Schedule of the Act" shall be omitted.

11. In rule 62 of the said rules, for the words "Collector of Customs", wherever they occur, the words "Commissioner of Customs" shall be substituted.

12. For rule 64 of the said rules, the following rule shall be substituted, namely:-

"64. Manufacture of psychotropic substances.-(1) No person shall manufacture any of the psychotropic substances except in accordance with the conditions of a licence granted under the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the 1945 rules) framed under the Drugs and Cosmetics Act, 1940 (23 of 1940), by an authority in-charge of Drugs Control in a State appointed by the State Government in this behalf:

Provided that a licence to manufacture a psychotropic substance specified in Schedule I shall be issued only for the purposes mentioned in Chapter VIIA:

Provided further that the authority in charge of the drug control in a State shall consult the Narcotics Commissioner before issuing a licence to manufacture a psychotropic substance specified in Schedule I.

(2) The authority in charge of drugs control in a State (hereinafter referred to as the Licensing Authority) shall consult the Narcotics Commissioner with regard to the assessed annual requirements of each of the psychotropic substances in bulk form referred to in sub-rule (1) in the country and taking into account the requirement of such psychotropic substances in the State, the quantity of such substance required for supply to other manufacturers outside the State and the quantity of such substance required for reasonable inventory to be held by a manufacturer, shall specify, by order, the limit of the quantity of such substance which may be manufactured by the manufacturer in the State.

(3) The quantity of the said psychotropic substance which may be manufactured by a licensee in a year shall be intimated by the Licencing Authority to the licensee at the time of issuing the licence.".

13. For rule 65 of the said rules, the following rule shall be substituted, namely:-

"65. Registration and submission of returns.-(1) A person who has been issued licence to manufacture one or more psychotropic substances shall register with the Narcotics Commissioner for each of the substances in the form and manner as may be specified by the Narcotics Commissioner.

Provided that the requirement of registration under this sub-rule shall be complied within a period of one hundred and eighty days from the date of coming into force of these rules.

(2) A person who has registered with the Narcotics Commissioner under sub-rule (1) shall file quarterly return with the Narcotics Commissioner in such form and manner as may be specified by the Narcotics Commissioner.

(3) The return for a quarter shall be filed before the last day of the month following that quarter.

(4) If the return for a quarter is not filed before the due date by a person registered under sub-rule (1), the Narcotics Commissioner may issue notice to explain the reasons there for and after considering the reasons submitted, if any, may pass orders for revoking the registration.

(5) The registration under sub-rule (1) shall be deemed to be revoked, if the quarterly return for three successive quarters is not filed.

(6) An appeal against an order passed under sub-rule (4) may be made to the Secretary, Government of India, Ministry of Finance, Department of Revenue or any other officer, not below the rank of Additional Secretary to the Government of India, authorized by him in this behalf, within thirty days from the date of communication of such order.

(7) Every memorandum of appeal shall be accompanied by a copy of the order appealed against.

(8) The Appellate Authority shall, after making such further inquiry as may be considered necessary, pass such orders as it thinks fit, confirming, modifying or annulling the order appealed against.

Explanation.- For the purposes of this rule, the expression "quarter" shall be January to March, April to June, July to September and October to December of every year.".

14. In rule 65A of the said rules, the following proviso shall be inserted, namely:-

"Provided that sale, purchase, consumption or use of a psychotropic substance specified in Schedule I shall be only for the purposes mentioned in Chapter VIIA.".

15. In rule 66 of the said rules, for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) No person shall possess any psychotropic substance for any of the purposes covered under 1945 rules, unless he is lawfully authorized to possess such substance for any of the said purposes under these rules:

Provided that possession of a psychotropic substance specified in Schedule I shall be only for the purposes mentioned in Chapter VIIA.".

16. In rule 67 of the said rules,-

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

"(1) No consignment of psychotropic substance shall be transported, imported inter-State or exported inter- State unless such consignment is accompanied by a consignment note in Form 6 appended to these rules and in the manner as provided hereinafter:

Provided that a psychotropic substance specified in Schedule I shall be transported, imported inter-State or exported inter-State only for the purposes mentioned in Chapter VIIA:

Provided further that a psychotropic substance specified in Schedule I shall be transported for export out of India only after an export authorization is issued by the Narcotics Commissioner under rule 59.";

(ii) sub-rule (3) shall be omitted.

17. Schedule II and Schedule III of the said rules shall be omitted.

[F. No. N-11011/2/2012-NC-II]

(SATYA NARAYANA DASH)
(Under Secy.)

Note.- The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 837(E), dated the 14th November, 1985 and subsequently amended vide notifications numbers S.O. 786(E), dated the 26th October, 1992, S.O. 599(E), dated the 10th August, 1993, G.S.R. 748(E), dated the 14th December, 1993, G.S.R. 543, dated the 24th October, 1994, G.S.R. 82, dated the 14th February, 1995, G.S.R. 556(E), dated the 14th July, 1995, G.S.R. 25(E), dated the 12th January, 1996, G.S.R. 509(E), dated the 4th November, 1996, G.S.R. 350(E), dated the 25th June, 1997, G.S.R. 214(E), dated the 19th March, 2002, G.S.R. 763(E), dated 14th November, 2002, G.S.R. 115(E), dated the 21st February, 2003, G.S.R. 129(E), dated the 26th February, 2003, G.S.R. 217(E), dated the 17th March, 2003, G.S.R. 95(E), dated the 4th February, 2004, G.S.R. 104(E), dated the 25th February, 2005, G.S.R. 736(E), dated the 22nd December, 2005, G.S.R. 639 (E), dated the 13th October, 2006, G.S.R. 2 (E), dated the 1st January, 2008, S.O. 1661(E), dated the 13th July, 2010, S.O. 739 (E), dated the 11th April, 2011, G.S.R. 470(E), dated 21st June, 2011, G.S.R. 905(E), dated 28th December, 2011, G.S.R. 426(E), dated 1st July, 2014, and G.S.R. 74(E), dated 5th February, 2015.