Assam Dangerous Drugs Rules, 1937
No: -- Dated: Mar, 11 1939
The Assam Dangerous Drugs Rules, 1937
1. Short title. - These rules may be called the Assam Dangerous Drugs Rules, 1937.
They shall apply to the excluded areas of the Province also.
2. Definitions. - In these rules, unless there is anything repugnant in the subject or context-
(a) "The Act" means the Dangerous Drugs Act, 1930,
(b) "Collector" includes the Chief Officer in-charge of the Revenue administration of the district or frontier tract for the time being and also any officer specially authorised by the Governor to exercise throughout the Province or in any specified area therein all or any of the powers of a Collector under these rules.
(c) "District Collector" means the Chief Officer in-charge of the Revenue administration of a district or frontier tract.
(d) "Approved practitioner" means-
(i) any person registered as a medical practitioner under the Medical Act, 1858 and any Act of Parliament amending the same, or under any law for the registration of medical practitioners for the time being in force in any part of British India, or
(ii) any person registered as a dentist under the Dentists' Act, 1878, and any Act of Parliament amending the same, or
(iii) any person possessed of qualifications which render him eligible for registration as medical practitioner or dentist, as the case may be, under the Medical Act, 1858, the Dentists' Act, 1878, and any Act of Parliament amending the same Acts, or under any law for the registration of medical practitioners or dentists for the time being in force in any part of British India, and who is approved by order of the District Collector for the purpose of these rules, or of corresponding rules for the time being in force in any part of British India,
(iv) any person practising veterinary medicine and surgery who has obtained the diploma of a recognised veterinary institution,
(v) any other person engaged in medical, dental or veterinary practice and approved by order of the Excise Commissioner for the purpose of these rules:
Provided that if an approved medical practitioner is convicted of any offence under the Medial Acts, or if found guilty by a Medical Council of supplying dangerous medical drugs otherwise than for medical treatment, the Inspector General of Civil Hospitals may withdraw the privileges of an approved medical practitioner under these rules.
(e) The expression "Dangerous Medicinal Drugs" means-
(i) coca leaf;
(ii) cocal derivation;
(iii) medicinal hemp;
(iv) opium derivatives other than prepared opium; and
(v) notified drugs as defined in sub-clause (h) of these definitions ;
(f) "Licensed chemist" means a person who has obtained a licence under these rules for the sale on prescription of dangerous medicinal drugs, and for the manufacture of medicinal opium or of preparations containing morphine, diacetylmorphine or cocaine from materials which he is lawfully entitled to possess;
(g) "Licensed dealer" means a person who has obtained a licence under these rules for the sale of dangerous medicinal drugs otherwise than on prescription, and for the manufacture of medicinal opium or of preparations, containing morphine, diacetylmorphine or cocaine from materials which he is lawfully entitled to possess;
(h) "Notified drugs" means any narcotic substance other than coca derivatives, medicinal hemp and opium derivatives which the Central Government may have declared by notification in the Gazette of India made in insurance of a recommendation under Article 10 of the Geneva Convention, to be a notified drug;
(i) "Prescription" means a prescription given by an approved practitioner for the supply of any dangerous medicinal drug to a patient;
(j) "Transmission" means-
(i) to import into Assam from any part of British India through British territory.
(ii) to export out of Assam to any part of British India through British territory,
(iii) to transport within the Province of Assam.
3. Manufacture. - A licensed dealer or chemist may, subject to the conditions of his licence, manufacture medicinal opium or any preparation containing morphine, diacetylmorphine or cocaine from materials which he may lawfully possess under these rules.
4. Possession. - Any person may possess such quantity of dangerous medicinal drugs as has been at one time dispensed and sold to him for his own use in accordance with the provisions of Rule 20 or of corresponding rules for the time being in force in any part of British India outside Assam.
5. An approved medical practitioner may possess dangerous medicinal drugs for use in his practice but not for sale:
Provided that he shall keep an accurate record of their disposal in such practice which shall be made available for inspection to a Collector or any Excise Officer of or above the rank of Sub-Inspector, unless exempted from doing so under the general order of the Commissioner of Excise or the special order of a District Collector.
Explanation. - The expression "for use in his practice" cover only the actual direct administration of the drugs by or in the presence of an approved practitioner. All other issues of the drugs by an approved practitioner from his dispensary shall be deemed to be sales, for which a licence for a chemist will be required, except in the case of issues free of charge from a charitable institution approved for this purpose by the Excise Commissioner.
6. If an approved practitioner is in charge of a hospital or dispensary and is authorised in this behalf by the Collector by an order made under Rule 23, he may possess dangerous medicinal drugs for use in the hospital or dispensary in such manner as may be specified by such order:
Provided (a) that he shall keep an accurate record of their use which shall be made available for inspection to the Collector or any officer authorised by the Collector by general or specific order to inspect the same; and (b) that he shall be personally responsible for the proper use of such drugs.
7. A licensed chemist may possess in his licensed permises such quantity of dangerous medicinal drugs as may be specified in his licence.
8. A person to whom a pass has been granted under these rules for the transmission of dangerous medicinal drugs may possess such quantity of such drugs as may be specified in the pass.
9. Transmission. - Any person may transmit dangerous medicinal drugs which he may lawfully possess under Rule 4.
10. An approved practitioner not in charge of a hospital or dispensary may, subject to Rules 5,16 and 17, transmit any dangerous medicinal drugs under a pass in Form D.D. 4 obtained from the Collector of the district or frontier tract in which he is resident.
11. An approved practitioner in charge of a hospital or dispensary authorised in this behalf by the Collector by an order under Rule 23 may, subject to Rules 6,16 and 17, transmit dangerous medicinal drugs for use in the hospital or dispensary on an indent countersigned by the Civil Surgeon or the Superintendent of the Civil Veterinary Department.
12. A licensed dealer or chemist may, subject to Rules 16 and 17, transmit dangerous medicinal drugs on a pass in Form D.D. 4 obtained from the Collector of the district or frontier tract in which he is resident:
Provided that such a pass shall not be granted for a quantity of such drugs exceeding the quantity which the dealer or chemist may possess in accordance with his licence.
13. A licensed dealer may transit dangerous medicinal drugs from one district or frontier tract of Assam to another on a pass in Form D.D. 4 to be obtained from the Collector of the place of destination.
14. Nothing in these rules shall be deemed to permit the import or export between Assam and another part of British India of any dangerous medicinal drugs, unless the rules for the time being in force relating to the export and import of such drugs in the Province from which the drugs are brought and the rules regarding transmission in any other Province through which the drugs pass, have been complied with.
15. Dangerous medicinal drugs in transit through any part of the Province of Assam to or from any place outside British India shall be marked "in transit", and the transmission shall conform to the rules governing import or export outside British India, as the case may be.
16. A person may, subject to these rules, transmit or cause to be transmitted dangerous medicinal drugs by post; provided that-
(1) he has obtained a pass from the Collector of the place of destination;
(2) he uses only the parcel of post and has the parcel insured;
(3) he furnishes with the parcel a declaration stating the names of the consignor and consignee, the contents of the parcel in detail, the number and date of the past covering the transmission, and such other particulars as may be prescribed from time to time by the Excise Commissioner;
(4) he shows distinctly in his account books the name of the consignee and the quality of drugs sent.
17. Every person transmitting dangerous medicinal drugs shall comply with such general or special direction as may be specified in any pass or order under which the transmission may be effected.
18. Sale. - No person shall sell any dangerous medicinal drugs unless he holds a valid dealer's licence in Form D. D. I or chemist' licence in Form D. D. 2, or both in which such drug is specified. A licence fee of Rs. 3 shall be charged for every such licence issued.
19. A licensed dealer may, subject to the conditions of his licence, sell dangerous medicinal drugs otherwise than on prescription-
(a) to a licensed dealer or licensed chemist;
(b) to an approved practitioner;
(c) to a person holding an import certificate under the Dangerous Drugs (Import, Export and Transhipment) Rules, 1933;
in a quantity not exceeding the quantity which the purchaser may lawfully possess:
Provided that in case (c) he shall comply with the rules aforesaid.
20. A licensed chemist may sell dangerous medicinal drugs on prescription subject to the following conditions:
(a) (i) The prescription shall be in writing and shall be dated and signed by the approved practitioner with his full name, address and qualification and shall show the name and address of the person for whose use (or for the use of whose animal) the prescription is given and the total amount of the drug to be supplied.
(ii) In the case of a prescription given by a dentist the prescription shall be for dental treatment only and shall bear the words "for local dental treatment only".
(iii) In the case of a prescription given by a veterinary prescription the prescription shall be for treatment of animals only and shall bear the words "for treatment of animals only".
(b) A licensed chemist shall not dispense a practitioner unless he is acquainted with the signature of the approved practitioner by whom it purports to have been or is acquainted with the person or the family of the person for whose use, or for the use of whose animal, the prescription purports to be given, and has no reason to suppose that the prescription is not genuine.
(c) A licensed chemist shall date and sign a prescription each time he serves it.
(d) A licensed chemist shall not serve coca leaves or coca derivatives more than once on the same prescription and shall retain every prescription authorising the use of such drugs.
(e) A licensed chemist shall not serve dangerous medicinal drugs other than coca leaves and coca derivatives more than once on the same prescription, unless it bears superscription by the approved practitioner, who prescribed it, stating that it is to be repeated and the intervals of time after which and the number of times (not exceeding three) that is to be repeated. In the absence of such a superscription, the prescription shall be retained by the licensed chemist after it has been served once.
If the prescription bears a superscription as aforesaid, it is to be retained by the licensed chemist only after it has been served three times or the number of times fewer than three mentioned in the prescription, and in the meantime the person serving it shall sign the prescription on every occasion that he serves it and note the date of every such occasion:
Provided that a prescription prescribed by an approved practitioner for his own use shall not in any case be dispensed more than once.
(f) A licensed chemist shall not serve any prescription presented for repetition before the interval specified in the superscription has elapsed since the prescription was last dispensed.
(g) A licensed chemist shall keep every prescription on the premises where he dispensed it and shall produce it for inspection to the Collector or any other deputed for the purpose by the Collector, including an Excise Officer of and above the rank of Sub-Inspector, who may then destroy it, or shall destroy it himself after a period of two years, if no inspection has been made in the meantime.
21. (a) Every licensed dealer or chemist shall maintain a written record in Form D. D. 3 of all sales of dangerous medicinal drugs and shall produce it for inspection to the Collector or any officer, including an Excise Officer of or above the rank of Sub-Inspector, deputed by the Collector.
(b) Every licensed dealer shall file the counterfoils returned to him by the consignees of all passes and indents authorised under Rule 23 by virtue of which such drugs have been transmitted by him with this record.
(c) This record and these passes and indents shall not be destroyed without the written permission of the Collector.
22. Approval, authorisation, licences and passes. - (a) The Commissioner of Excise may, for purposes of sub-clause (v) of Clause (d) of Rule 2, approve any person engaged in medical, dental or veterinary practice.
(b) The District Collector may approve any person possessed of the qualification specified in sub-clause (iii) of Clause (d) of Rule 2.
23. The Collector may, by general or special order in Form D. D. 5, authorise any approved practitioner in charge of a hospital or dispensary to possess and transmit dangerous medicinal drugs in such manner as may be specified in such order.
24. (1) The Collector may grant to any person a dealer's licence in Form D. D. 1 permitting him to sell dangerous medicinal drugs otherwise than on prescription and to manufacture medicinal opium or preparations containing morphine, discetrylmorphine or cocaine from materials which he is lawfully entitled to possess.
(2) The Collector may grant to any person a chemist' licence in Form D. D. 2 permitting him to sell dangerous medicinal drugs on prescription and to manufacture medicinal opium or preparations containing morphine, diacetylmorphine or cocaine from materials which he is lawfully entitled to possess.
25. (1) Subject to any directions that the Excise Commissioner may give in this behalf, the officer who has granted a licence to, or has, by order approved or authorised, any person under these rules, may cancel or suspend such licence or order,-
(i) if such person has-
(a) failed to pay any duty or fee payable by him, or
(b) by himself or by any servant or person acting on his behalf committed any breach of the conditions of such licence or order or of these rules, or
(c) been convicted of any offence under the Act, or under the law for the time being in force relating to excise revenue or of any criminal offence, or
(ii) at the will of such officer;
and shall cancel such licence or order within fifteen days of the receipt of a notice from such person that he desires to surrender the same.
(2) When such licence or order is cancelled or suspended, such person shall forthwith make over to the Collector all dangerous medicinal drugs then in his possession.
(3) When such licence or order is cancelled or suspended no fee paid under these rules will be refunded and no person will be entitled to compensation because of such cancellation or suspension.
26. When a licence has been cancelled, suspended or surrendered under Rule 25 or the licensee himself has died and a licensee has not been granted to his successor in interest, the person who held the licence or the person in possession of the licensee's stocks shall forthwith make over to the Collector, or any officer deputed by him on his behalf, all dangerous medicinal drugs in his possession.
27. Disposal of drugs and confiscated articles. - The Collector shall cause all dangerous medicinal drugs so surrendered to be examined by the Chemical Examiner or by such other officer as the Excise Commissioner may direct. If any such drugs are certified by such officer to be fit for use the Collector may sell them to any dealer or chemist licensed under these rules or under any corresponding rules for the time being in force in any other part of British India or to any person authorised by an order under Rule 23 or any corresponding rules in force as aforesaid. The sale-proceeds of such drugs shall be paid to the person whose licence has been cancelled or suspended. The Collector may require any licensed dealer or chemist to purchase at such price as the Collector may direct any quantity of such drugs not exceeding such quantity as the Collector may determine to be ordinarily saleable by him in two months. If any such drugs are certified by the officer aforesaid to be unfit for use the Collector shall cause them to be destroyed.
28. Issue of subsidiary orders. - Subject to the provisions of the Act and of these rules, the Excise Commissioner may, from time to time, give such directions as he may think fit for the purpose of carrying out the provisions of these rules.
29. Appeals. - (1) An appeal shall lie to the Commissioner of Excise from an order of a Collector under these rules, if presented to the Commissioner of Excise or to the Collector for transmission to the Commissioner of Excise within thirty days from the date of the order:
Provided that every memorandum of appeal relating to cancellation, suspension or withdrawal of a licence for the retail sale of opium shall be submitted within 15 days from the date of the order appealed against to the Commissioner of Excise through the Collector against whose order the appeal is made. Such petition of appeal shall invariably be forwarded by the Collector to the Commissioner of Excise within 10 days of its presentation with the original records of the case, if any, and with any observations the officer forwarding it may wish to make thereon. The period for the presentation of appeal shall be counted from the date of the original orders and not from the date of rejection of any subsequent petition for revision.
(2) A petition of appeal from or for revision of any order shall not be entertained unless it is accompanied by the original order or authenticated copy thereon or the omission to produce such order or copy is explained to the satisfaction of the authority to whom the petition is made.
30. Exemptions. - All preparations containing not more than 0.2 percent of morphine or 0.1 per cent of cocaine and any preparation which the Central Government may, by notification in the "Gazette of India" made in pursuance of a finding under Article 8 of the Geneva Convention, declare not to be a dangerous medicinal drug, may be transmitted, possessed and sold without restriction.
31. The provisions of Rules 11, 12, 13 and 18 shall not apply to the importation, exportation, transport, possession or sale of codeine, dionin and their respective salts, unless the quantity involved in any transaction or possessed at any one time exceeds one pound. These rules shall also not apply to compounds of codeine and dionin adopted to normal therapeutic use.