Central Government notifies the general conditions for grant of license cultivation of opium poppy on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October, 2015 and ending with the 30th day of September, 2016. - 1/2015-Narcotics Control-1 - Indian Law

MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION No. 1/2015-Narcotics Control-1 New Delhi, the 5th October, 2015 G.S.R. 757(E).- In pursuance of rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, the Central Government hereby notifies the general conditions for grant of license specified below for cultivation of opium poppy on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October,2015 and ending with the 30th day of September, 2016. 1. Place of Cultivation Opium poppy cultivation may be licensed in any tract as may be notified in this behalf by the Central Government. 2. Eligibility for Cultivation Subject to clauses 3 and 7 of this notification, the following shall be eligible for a licence to cultivate opium poppy : (i) Cultivators who had cultivated opium poppy during the crop year 2014-15 and tendered an average yield of opium of not less than 56 kg/hectare in the States of Madhya Pradesh and Rajasthan and an average yield of opium of not less than 52 kg/hectare in the State of Uttar Pradesh. (ii) Cultivators who ploughed back their entire poppy crop cultivated during the crop year 2013-14 2014-15 under the supervision of the Central Bureau of Narcotics in accordance with the provisions in this regard, but had not similarly ploughed back their entire poppy crop during 2012-13. (iii) Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2014-15. (iv) Cultivators who cultivated opium poppy in the crop year 2012-13 or during any subsequent crop year and were eligible for a license in the following crop year, but did not voluntarily obtain a license for any reason, or who after having obtained a license for the following crop year, did not actually cultivate opium poppy due to any reason. (v) Cultivators who are the legal heirs of deceased eligible cultivators and in case there are more than one such legal heir, the one determined by the District Opium Officer as legal heir for the purpose of the license. 3. Conditions of License No cultivator shall be granted license unless he/she satisfies that: (i) He/She did not, in the course of actual cultivation, exceed the area licensed for poppy cultivation during the crop year 2014-15 beyond the 5% Condonable Limit allowed in the licensing policy. (ii) He/she did not at any time resort to illicit cultivation of opium poppy and was not charged in any competent court for any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Rules made there under. (iii) He/she did not during the crop year 2014-15 violate any departmental instructions issued by the Central Bureau of Narcotics/ Narcotics Commissioner to the cultivators. (iv) He/she did not tender during 2014-15 adulterated opium or opium classified as inferior opium by the Government Opium and Alkaloid Works, Neemuch/Ghazipur, i.e. opium with- a. morphine strength of less than 9% on dry basis, b. ash content of over 4.5%, c. any amount of starch, sugar, gum, tannin, milk powder, etc. 4. Maximum Area (i) All eligible cultivators under clause 2(i) to (v) will be issued license for 10 Ares. However, cultivators who tendered average yield of 58 kg/hectare and above under clause 2(i) category will be issued licenses for 15 Ares, cultivators who tendered average yield of 60 kg/hectare and above under clause 2(i) category will be issued licenses for 20 Ares and cultivators who tendered average yield of 65kg/hectare and above under clause 2(i) category will be issued license for 25 Ares. The cultivators can cultivate in any area less than the licensed area. (ii) Cultivators can sow opium poppy in not more than two plots. (iii) Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire. 5. Forewarning (i) A minimum qualifying yield of 58 kg/hectare in Madhya Pradesh and Rajasthan and 52 kg/hectare in Uttar Pradesh must be tendered during the crop year 2015-16 to become eligible for a license to cultivate opium poppy in the following year i.e. 2016-17. (ii) Morphine content of opium tendered during 2015-16 may become the basis for payment for the crop year 2015-16 and eligibility for license in crop year 2016-17, if the Government decides to do so in this regard. (iii) Cultivators who had fully ploughed back their entire poppy during crop year 2013-14 and 2014-15 would not be entitled for license in the crop year 2016-17, if they also plough back their crop fully in the crop year 2015-16. (iv) Cultivators, whose opium for the crop year 2015-16 is found to be water mixed and of consistency lower than 55 degrees will not be eligible for a license in the next crop year 2016-17. (v) Cultivators whose opium for the crop year 2015-16 is found to be adulterated or classified as inferior by the Government Opium Alkaloid Works, Neemuch or Ghazipur will not be eligible for license in the next crop year 2016-17. The Government Opium Alkaloid Works, Neemuch or Ghazipur will declare the opium to be inferior on any of the following three grounds:- a. If the morphine strength of opium is less than 9% on dry basis, b. If the opium has ash content of over 4.5%, c. If there is any amount of starch, sugar, gum, tannin, milk powder, etc. present in the opium. 6. Condonable Limit: If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation may be condoned. 7. Miscellaneous (i) Any cultivator who cultivates opium poppy during 2015-16 in his own land or in the land leased from others shall provide details of owner of the plot, survey number and any other details as may be directed by the Narcotics Commissioner. (ii) These General Licensing conditions are without prejudice to the right of the Narcotics Commissioner/ Deputy Narcotics Commissioner to issue/ withhold a license whenever it is deemed proper so to do in accordance with the provisions of the Narcotic Drugs Psychotropic Substances Act, 1985 and the Rules made thereunder. (iii) The license will be subject to the condition that any field may be taken over for any research that may be conducted by the Government directly or in collaboration with any specialized Institution or Agency. The cultivator whose field is selected for research shall be considered for license for the next year, if he has tendered the stipulated MQY and is otherwise eligible. The area taken over for research will not be taken into account while calculating the yield. (iv) The license shall be subject to the further condition that any field may be selected for obtaining poppy straw without extraction of opium. The cultivators whose fields are selected for such use shall be eligible for a license for the next crop year, if otherwise eligible. (v) The quantity of opium tendered by a farmer will be calculated at 70 consistency, on the basis of analysis by the Government Opium and Alkaloid Works, Neemuch or Ghazipur. [F. No. 14011/01/2015-NC.1] T. K. SATPATHY, Under Secy.