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Narcotic-Drugs and Psychotropic Substances Rules 1985

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Narcotic-Drugs and Psychotropic Substances Rules 1985 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985I r:5",: ol rhe powers,co.nferred. section 9, read with section 76 of the Narcotic Irrugs and Psychotroptc .W ^-..1: Substqnces Act, 19gS (61 of 19gS), the Cmtrai Gm)ernment hereby makzs the following rules, namely:_ CHAPTER 7 t. shorr dtte and rules may be called the Narcotic Druts and psychotropic""--":lt:t:rnt"tilr*" Substances'Rules, 19St:- -'- (2) They shall come into force on the date2 of their publication in the Gazette.^ officiar 2. Definitions.-ln these rules, unless the context otherwise requires,_ (a) "the Act,', means the Narcotic Drugs and psychotropic Substances Act, 1985 (61 of 1985); (b) "Appellate Authority,, means any authority to whom an appeal may - lie under any provision of thesJ rules; r[(c) "Chemical Examiner-_ means the Chemical Examiner or Deputy Chief Chemist or Shift o. a""i"t""t-Ciluinical Examiner, Government _Chemist Opium and Alkaloid Works, Nee*""n o., as the may be, Ghazipurl case (d) "Chief Controller of Factories,, means the Chiel Controller of Govemment Opium and Alkaloid Factorie;; -.*' a[(da) "Controller of Drugs,, means the officer appointed as the controllins authority bv the St-ate Govemment undei'rule 50 of ili C^os-metics irules, ;il]1i5 1945 -"dt;;";;;-irrii, c*-etics Act, 1940 (23 ot 1,940);l ""i' (e) "crop year" means the.period beginning on and from'y"u.; the 1st October of any year to the 30th Septemb-er a[(ea)_ of ihe fotto*ir,f "Firm" means a *T.iTy, j ,body corporate, proliretorstrip.firm, firm, parhership firm, Iimited liability partnership personsl assocration of {[[(eb) "Form,, means a Form oppended to these Rulesl (0 "General Manager,, 19-ang the General Manager, coveinment opium and Alaaloid Works, N"";;;-;.;';'r*hl' _ay bu, Ghazipur; "a"" (g) "issuing authority,, means the. Ngcgtic officer who -Commissioner or any other may be authori*d h ;;"*;;;;i"'rry Ii,J c""o"r t. %de G.S.R. 837(E), dated t4th pt. Novem t"t' Published in the Gazette of lndia, rt sec. 3(t, dated 14rh Novembe., ,'l;;1 Extra., 2. Came into force on 14-11-1985. 3. Subs. G.S.R. 82, dated 14th February 1995, for claus€ (c) (w.e_f 25_2-1995). Ins. by C.S.R. 3s9(E), dated 5th Mai, 2Ol5 (w.e.f. 5_5_2015). Substances Act' 1985 61 Sch.l The Narcotic Drugs and Psychotropic Chemical name Sl. Intemational non-ProPrietary Other non-propdetary No. names rvrmes e0. METAMFETAMINE Fi8fiff#F"" G)-N-p-dimethvlPhenethvlamine e1 l]i::*;,ff:n f";L,i,;,f;1,p,k& Jfiii,i:xit'i,'.ii stereochemical Pyran-ul varianlr 2l' cy( loProPyl-7-F-[{S)l-hvdro\y- t-2' 92 BUPRENORPHINL do-ethano'o- ?;;:'rutl*i-trr;!fu ffi 93. BUTALBITAL 5-allyl-5-isotutylbarbituric acid CATHINE (+lnorpseudo- (+)-(i)-r-l(R)l-aminoethyll benzyl alco- 94 ePhedrire hol 95. -s;riAMrrral\arNgALLOBARBITAL NiTFSNOREX s,5diallybarbituric acid N-ethylamPhetamine N'ethyl-F-methylPhenethylamin€ ;Z'. ' N-€thvl-3-phenly-2-norbomanmine 97. FENCAMEFAMIN arninol ,A. riNlnononsx !'.Ht;-,*""'nti'n*ethv) 99. MEFENOREX irt{:i ctrtoroproPlt)-a-methylPhenethy- r0o. MTDA'.LAM iillf,i""-i;iii",;_:i'i,tj"lJ,l)":il:Jit: 101. .EMoLTNE 3--,ffi1-.r.3-.t"1;,y-';*g,i,io?l'*f-'""t- 4-methyl-2--( l-Ptrr,olidinyl) valeroPhenone tO2, pyROvAERoNE . i0;. iii:'suiAsanstreL 5-sec-birtvl-s-ethvlbarbituric acid 104. VINYLBITAL 5-(1-methylbutyl)-5vinylbarbituric acid 105. rutobaibital 5-butyl-5-;thylbarbituric acidl 1ll05A. (3-(2-;minobutyl) ,indole) ' ETRypTAMINE phenvlpropan-1-one) r,iii. rraiiicairlrNoxe iz-imethvlamino)-r ro!c. zrpspnor [i.;,ti:X'#*jl1{.l,)i;4-1-1prpe.",i,,u"tnu- nol) 105D. AMINoREX (2-amino-5-phenyl-2-oxazoline) iosr. snorrzorer lt;t_..f;T.T?:r-',1-'":L1f)"",:til3;litr\ll; diazePine) 10sF. MEsocARB Et"1**t*R:il"^tl-N-henvrerbamovr) 11106. tof;u",{i;o#ti-"',ii,,-., 4-lvfl A (;t MethYI- -MthYl thioDhenethylamine) 108. GHi (r-HyAroxyt'utyric Acid) l{Je. zoloidem'{INN)l .rrr0. et'I:'Jfi firll,?i.'L;X*t1i-'ti';.".r hePtanoic acid)l (methvr anino) {110A. KETAMNE :;ilf,l"1t$31"iil-t MEPHEDRoNE (frS'2-methylamino-1-(4-melhvlPhenyl) 'tll0B. T*tntt**ca*t-*\*-"'MC) ProPan-r-onel 4-methYlePhedrone 6[111.] Salts and preparahons of above' 1. 2. H'"#"'a".9,;;E i:.:f i'lf /,H"?di:i'" 3. $,.'ir,"F.iit;fi.**Ifr+"Eirrtr#?il,.u*"u2ndranuary,2004 Rule 2l The Narcotic Drugs and psychotropic Substances Butes, tgAS 63 Covernment for issuing a licence under Chapter V of these rules or llguing an import certificate or export authorisation under Chapter VI of these rules in respect of narcotic drugs or psychotropic substances; (h) "licence" means a licence issued under these rules; r[(ha) "Licenced chemist" mean:i a person who has obtained a licence to possess, sell, exhibit or offel for sale or distribution bv retail. essential narcotic drugs under these rulesJ l[(hb) "Licenced dealer" mears a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution bv wholesale. essential narcotic drugs under these rulesJ l[(hc) "medical institution" means a hospital, dispensary, clinic or an institution by whatever name called that offeis services or facilities requiring diagnosis, treatment or care of illness, disease, iniury, deformity or abnormality, established and administered or maintained by the Govemment or Municipal Corporation or Municipal Council or Zila parishad or any person or body of personsJ t[(hd) "patent or proprietary medicine,, shall have the same meaning as defined in the Drug and Cosmetics Act, 1940 (23 of 19 r[(he) e;l "prescription" means a prescription given by a registered medical pracfitioner for the supply of any of the essential naicotic drugs to a patient for medical use in accordance with these rules;l (i) "Proper Officer,,, in relation to any function to be pertormed under these rules, means the officer of Narcotics Dejartment who is assigned those functions by the Narcotics l[(ia) Commiisioner; "recognised medical institution,, means a medical institution recognised as such under these rulesJ 1(ib) "registered medical practitioner,, means any person registered as a medical practitioner under the Indian Vediial CounJil Act, 1956 (102 of 1956) or under any law for tlre registration of medical practitioner for the time being in force, or re-gistered as a dentist under the Dentists Act, l94g (1,6 of 1948) or uider any law for the registration of dentists for the_time being in force and his undergone training in pain relief and palliative cari for prescriDtion of esseitial l1,l::.I".9r"C," for pain relief and pa iative cire or rraining in opioid substitution-therapy for prescription of espential narcotiidrugs for treatment of opioid dependmceJ () 'fthedule" means a Schedule annexed to these rules; (k) words and -expressiors used herein and not defined, but defined in rne Act shall have the meanints respectively assigned to them in the ACt. '1. lns. by G.S.R.359(E), dated 5th May,2015 (w.e.i 5-5_2015). 64 The Narcotic Drugs and Psychotropic Substances Rules, 1985 lRule 2 COMMENTS Article(s) seized in comection with an offence may be sent for chemical analysis to any laboratory in the country, which is permitted to do such analysis; Rnm Dayal v. Centrol Narcotics Bureau, (1993\ 3 Crimes 818 (MP) (FB). CHAPTER II POWERS OF OFFICERS 3. Delegation of powers.-Subject to such directions as may be given by the Central Govemment, the Narcotics Commissioner appointed by the Central Govemment under sub-section (1) of section 5 of the Act, may authorise any officer subordinate to him, to exercise all or any of his powers under these rules. 4. Narcotics Commissioner and other officers to exercise the powers of their subordinates.-The Narcotics Commissioner and such other officer as may be appointed by the Central Govemment under sub-section (1) of section 5 of the Act may perforrn all or any of the functions, or exercise any of the powers, assigned under these rules to the officers subordinate to them. CHAPTER UI OPIUM POPPY CULTIVATION AND PRODUCTION OF OPIUM AND POPPY STRAW 5, Opium poppy cultivation and production of opium or poppy straw.- The opium poppy for production of opium or poppy straw shall not be cultivated save on account of the Central Govemment and in the tracts notified by it from time to time and in accordance with the conditions of a licence issued by the District Opium Officer under rule 8. 6. Fee for grant of licence.--The licence of cultivation of opium poppy may be granted by the District Opium Officer on payment of a fee of l[rupees twenty- fivel. 7. Form of licence for cultivation of the opium poppy,-The licence for cultivation of opium poppy for the production of opium or poppy straw shall be issued in Form No. 1 appended to these rules. 8. Issue of licence.-Subject to the general conditions relating to grant of licence notified by the Central Government*, the District Opium Officer may issue licence to any person for a crop year for cultivation of the opium poppy for production of opium or poppy straw on receipt of an application made by that person in Form No.2 appended to these rules. 9. Licence to specify the ar€a, etc.-The licence for cultivation of opium poppy issued under rule 8 shall specily the area aid designate the Plots to be cultivated with opium poppy. 10. Designating of Lambardar.-The District OPium Officer may designate one of the cultivators of opium poppy as Lambardar in each village where opium 1.
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