Assam Opium Prohibition Act, 1947
No: 23 Dated: Dec, 24 1947
THE ASSAM OPIUM PROHIBITION ACT, 1947
ASSAM ACT XXIII OF 1947
An Act to prohibit consumption (except for medicinal purposes) and smuggling of opium in the Province of Assam.
Preamble.-Whereas it is, expedient to prohibit consumption (except for medicinal purposes) and smuggling of opium in the Province of Assam; and whereas it is necessary to enlist non-official support to exercise an effective control over the smuggling of opium to achieve the aforesaid object ;
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent and commencement.-(1) This Act may be called the Assam Opium (Prohibition) Act, 1947.
(2) It extends to the whole of Assam .
(3) It shall come into force on such ttdate as the State Government may, by notification in the .official Gazette, appoint.
2. Definitions.-In this Act, unless there is anything repugnant in the subject or context,
(a) "buy", with all its grammatical variations, means any receipt for price paid in cash or kind, and also any receipt by gift, loan or otherwise ;
(b) "Commissioner" means the person appointed under section 30 ;
(c) "excise opium" means opium issued from a Government Treasury in the State ;
(d) "export" means to take out of the State otherwise than across customs frontiers ; -
(e) "import" means to bring into the State otherwise than across cus· toms frontiers ;
(f) "opium" means and includes opium as defined in section 3 of the Opium Act, 1878 (Act I of 1878), and in clause (a) of section 2 of the Assam Opium Smoking Act, 1927 (Assam Act III of 1927), and also any other substance or preparation containing morphine in any proportion whatsoever ; -
(g) "prescribed" means prescribed by rules framed under this Act ;
(h) "Prohibition officer" means a person appointed under secti_ofl :n ;
(i) "State" means the State of Assam :
(j) "section" means a section of this Act ;
(k) "sell", with all its grammatical variations, means any transfer, including a gift or a loan or otherwise ;
(1) " smuggler" means a person who brings any opium into the State otherwise than across customs frontiers in contravention of the. provisions of this Act, or of any other law ; and
(m) "transport" means to take from one place to another within the S!ate.
CHAPTER II
Prohibition
3. Prohibition.-No person shall-
(a) import, export, transport or possess opium ;
(b) sell or buy opium ;
(c) consume opium;
(d) use or keep any material, utensil, implement or apparatus whatsoever for
(i) the manufacture of any opium smoking preparation or any drink containing opium,
(ii) smoking opium,
(iii) weighing opium, or
(iv) preserving opium.
CHAPTER III
Exemptions
4. Exemptions.-(1) The provisions of this Act shall not apply to any shop or place licensed for the sale of opium or medicinal purposes, or to any person who buys opium from any place or shop as aforesaid under a- prescription from a Registered Medical Practitioner, or to any hospital or dispensary, or to the import, export, transport, possession, sale or purchase of excise opium.
(2) The provisions of this Act shall not apply to any Registered Medical Practitioner who acquires, possesses, prescribes or dispenses opium in any form in due fulfilment of his medical duties.
CHAPTER IV
Offences and Penalties
5. Punishment for contravention.-Whoever, in contravention of the provi· iions of this Act or the Rules made thereunder-
(a) imports, exports, transports or possesses opium, or
(b) sells or buys opium, or
(c) consumes opium, or
(d) uses or keeps any material, utensil, implement or apparatus whatsover for
(i) the manufacture of any opium smoking preparations or any drink containing opium,
(ii) smoking opium, shall be punished with imprisonment of either description for a term which may extend to six years, and with fine which may extend to five thousand rupees,
(iii) weighing opium, or
(iv) preserving opium],
Provided that an accused, who is found on evidence to be a smuggler of opium or a seller of opium, shall not receive a sentence of less than two years' rigorous imprisonment and fine.
6. Punishment for allowing premises to be used for the commission of offence.-Whoever, being the owner or occupier or having the use of any house. room, enclosure, space, vessel, vehicle or place, knowingly permits it to be used for the commission, by any other person, of an offence punishable under this Act or the rules made thereunder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to two thousand rupees, or with both.