GOVERNMENT OF THE PUNJAB
EXCISE AND TAXATION DEPARTMENT
WEST PAKISTAN OPIUM RULES,
1956
Notification
[23rd Novembern 1956]
No. E &
T-2/7/56, 23rd
November, 1956 (Gazette, 23rd
November 1956). – In exercise of the powers conferred by sections 5 and 13 of
the Opium Act, 1878, and in supersession of all previous notifications issued
under the said sections and in force in any area in the Province of [ West
Province] the Governor of [Western Pakistan] is pleased to make the following
rules :
A-GENERAL
1.
(i) These
rules may be called the [West Pakistan] Opium Rules, 1956 ;
(ii)
They shall extend to the whole of [West Pakistan]
[except the district of Khairpur] ; and
(iii)
They shall come into force with effect from the date of
issue of this notification.
2.
Unless there is anything repugnant in the subject
or context-
(a)
“Pure Opium” means the spontaneously coagulated juice
of capsules of the poppy plant which has not been submitted to any manipulation
other than that necessary for packing and transport ;
(b)
“Excise Opium” means the opium manufactured in an Opium
Factory approved by the Provincial Government or the opium imported from
outside the Province by or on behalf of the Government, or the opium approved
by the Provincial Government to be excise opium;
(c)
“Poppy-heads” means the capsules of the poppy plant
whether the juice from them has been extracted or not.
(d)
“Retail sale” means the sale ay any one transaction of
excise opium in any quantity not exceeding two tolas and of poppy-heads in any
quantity not exceeding one seer;
(e)
“Wholesale” means the sale at any one transaction of
opium or poppy-heads in any quantity exceeding the quantity fixed as retail
sale ;]
[(ee) “Board of Revenue” means
the Board of Revenue established under the [West Pakistan] Board of Revenue
Act, 1957]
Throughout
[rules the words “Boards of Revenue” have been subs. For word “commissioner” by
Sind Notification No. 1/85/70-Excise/3008, published by Gazette of Sind, Part
IV-A, dated 24-1270.
(f)
“Commissioner” means the Commissioner incharge of a
revenue division, and includes any other officer empowered by the Government to
exercise the powers of a Commissioner under these rules;
(g)
Collector’ means the Director of Excise and Taxation,
and includes any other officer empowered by Government to exercise the powers
of a Collector under these rules.
PROVINCIAL AMENDMENTS:
Sind Amendment:1. In
rule 2-Cls. (f) and (g) have been subs. By Sind Notification No. 1/85/70
published in Gazette of Sind, Part IV-A, 24th December, 1970 as under :-
“(f) ‘Commissioner’ means the Director-General, Excise and
Taxation, Sind, and includes any other officer empowered by Government to exercise
the powers of a Commissioner under these rules ;
(g)‘Collector’means the Director or the Assistant Director
of Excise and Taxation, as the case may be, having jurisdiction in the area
concerned, and includes any other officer empowered by Government to exercise
the powers of a Collector under these rules.”
Punjab Amendment: Cl.
(f) has been subs. By Notification No. 64/75/43/Ex-II-(P), published in Gazette
of Punjab, Extraordinary, Part I, dated 4th March, 1977 as under :
“(f) “Commissioner” means the Director-General Excise and
Taxation, Punjab of the Head of the Excise and Taxation Department for the time
being.”
2.
Throughout the rule for the words “Boards of
Revenue” wherever occurring, the word
“Commissioner” shall be substituted”. ]
(h)
“Excise Officer” means an officer of the Excise
Department not below the rank of a Sub-
Inspector ;
(i)
“District Excise Officer” means an Excise and Taxation
Officer or Assistant Excise and
Taxation Officer-in-charge of the district concerned for the
time being;
(j)
“Tola” means a weight of 180 grains Troy];
(k)
“Seer” means a weight of 80 tolas:]
(l)
“Import” means to import inter provincially as defined
in clause
(j) of section 2 of the Dangerous Drugs Act, 1930;
(m)
“Export” means to export inter-provincially as defined
in clause
(k) of section 2 of the Dangerous Drug Act, 1930;
(n)
Transport” means to take from one place to another in
the province ; (o) “Province” means the
Province of West Pakistan.
(p)
“Treasury” includes sub-treasury and any other place
which may be declared by the Commissioner to be treasury for the purposes of
these rules.
(q)
“Registered Addict” means a person addicted to opium
whose name is registered in the register maintained under sub-rule (i) of rule
6.
(r)
“District Excise and Taxation Inspector” means Excise
and Taxation Inspector or Excise and Taxation Sub-Inspector incharge of the
District concerned for the time being.]
3.
All transactions in pure and excise opium and
poppy-heads on account of Government may be carried on without restrictions :
Provided that in the case of transit by post-
(a)
only the parcel post may be used;
(b)
the parcel shall be accompanied by a declaration
stating the name or designation of the consignee and consignor, the contents of
the parcel in details and the indent number and date covering the transaction ;
(c)
the consignee shall now distinctly in his account
books, the name or designation of the consignor and the quantity of drugs sent
to him from time to time by post.
4.
Save as provided in rule 3 above, the import,
export, or transaction of excise opium and poppy-heads into, from, or within
the Province is permitted only by means other than that of the post.
B-POSSESSION OF OPIUM
5.
Any officer of Government may, as such, posses pure
and excise opium and poppy-heads and decoctions of poppy-heads which have come
into possession in the course of his official duties:
Provided that he shall dispose of such opium and poppy-heads
and decoctions of poppy-heads in such manner as may be directed by his superior
officer or required by the orders made or instructions given by Government in
that behalf.
6.
Any person may without a licence at any one time
have in his possession-
(a)
poppy-heads in any quantity not exceeding one seer;
(b)
the decoction of Poppy-heads known as post in any
quantity not exceeding half a seer;
(c)
excise opium in any quantity not exceeding two tolas.
Possession of any kind of opium other than excise opium in any quantity is
prohibited under section 4 of the Opium Act, 1878, unless otherwise
specifically provided under these rules.
[Provided that the prohibition in respect of possession of
Excise Opium shall not apply to a person who has duly been granted an Opium
Ration Card.]
(d)
An Opium Ration Card may be issued to a person if he(i) has attained the age of 25 years on or before
1st July,
1978;
(ii)
was addicted to opium-eating on the 1st July, 1978;
(iii)
submits an application for registration of his name as
an addict to the concerned District Excise and Taxation Inspector in person
before 30th
June, 1979.
[Note.- No person shall be registered after the 30th of June, 1979 except
with the permission of the District Excise Officer.]
(e ) No
application for registration shall be entertained unless it is accompanied by a
certificate of the Medical Officer incharge of the Drug Abuse Advisory Centre,
Quetta, or the District Medical Superintendent, Quetta, or the District Health,
who shall, after examining medically an addict, also prescribe the maximum
number of units per month for the maintenance of the health of the addict. In
the medical certificate shall also be quoted the number of units of exercise
opium recommended to be allowed per month to the addict.
(f)
The application for the registration of an opium addict
shall also bear his latest photograph of passport size and his signature or
thumb-impression duly attested by the Excise and Taxation Inspector.
(g)
The District Excise and Taxation Inspector receiving
the application for the registration of an addict, if he is satisfied that the
application is in order, shall issue an Opium Ration Card which shall expire in
any case on the 30th
of June every year unless received before the date of expiry.
(h)
The Opium Ration Card shall also bear a latest
photograph and the signature or thumb-impression of the addict duly attested by
the Excise and Taxation Inspector.
(j)
The District Excise and Taxation Inspector, issuing the
Opium Ration Card, shall maintain a register wherein all the particulars of the
addict shall be kept.
(k)
The Opium Ration Card holder shall register his Card
with the Opium Licensee as indicated by him in his application and shall obtain
opium from that licensee only. If the registered addict wants to get his Ration
Card transferred from one Opium Vend to another, he may apply for such transfer
to the District Excise and Taxation Inspector who issued the card. On receipt
of such a request, the District Excise and Taxation Inspector shall make the
necessary changes in his register as well as in the Opium Ration Card and shall
also inform the licensee and the District Excise and Taxation Inspector
concerned.
(l)
Every Opium Licensee shall be bound to keep enough
copies of the application forms and the forms of Opium Ration Cards to meet the
demand of the applicants and shall supply the same on demand at a cost to be
fixed by the Collector.
(m)
If Excise Opium is not available at the Vend at which
the Opium Ration Card of an addict is registered, the addict may with the prior
permission of the District Excise and Taxation Inspector obtain opium from the
nearest Vend where opium may be available until opium again becomes available
at the original opium Vend.
(n)
All applications for renewal of Ration Cards shall be
made during the month of June every year and shall be accompanied by a medical
certificate. The Medical Officer while granting this certificate shall reduce
the monthly quota of opium by 10% if the condition of the registered addict to
warrants.
(o)
The District Excise and Taxation Inspector may
authorize a person other than registered addict to obtain opium on his/her
behalf if the registered addict is blind, old, invalid Pardahnashin Lady or a
man of high respectability. The name of the authorized agent shall be endorsed
by the District Excise and Taxation Inspector on the Opium Ration Card giving
ful name. Parentage and the particulars of the Identity Card of the Agent who
shall not beunder 25 years of age in any case.
(p)
For supply of excise opium to the addicts visiting
Baluchistan from other parts of
Pakistan or foreign countries
during their stay in the __Province. Temporary Ration Card may be granted by
the District Excise and Taxation Inspector provided the addict is eligible for
the grant of an Opium Ration Card, Such Ration Card shall be clearly marked
with the word “Temporary” and shall also show in red-ink the period of its
validity after the expiry of which the Ration Card shall be treated as void.
Upon expiry, the addict shall either have it renewed for a further period of
his stay in the Province of surrender it to the District Excise and Taxation
Inspector.
(q)
In the event of the death of a registered addict it
will be mandatory for his legal heirs to surrender the Opium Ration Card of the
deceased at the nearest office of the District Excise and Taxation Inspector.
(r)
If an Opium Ration Card is lost by a registered addict
after issue, he shall file a report of loss at the nearest police station and
submit the Taxation Inspector who had issued the Opium Ration Card. A duplicate
copy of the Opium Ration Card shall then be issued to the registered addict.
(s)
If an Opium Ration Card held by a registered addict is
torn, mutilated or becomed illegible, he shall surrender the same to the
District Excise and Taxation Inspector who had issued the Opium Ration Card
alongwith an application. A duplicate copy therof shall then be issued to the
registered addict.
(t)
Any units of opium remaining unpurchased during a month
shall lapse and shall not be available after the end of the month.
(u)
In addition to the penalty to which the Opium Ration
Card-holder may be subject to under the Act or Rules made thereunder, an Opium
Ration Card granted to a person under these Rules shall be liable to suspension
or cancellation if___
(a)
the opium obtained by a registered addict is used for
the purposes other than his personal consumption by mouth, or
(b)
if a registered addict fails without reasonable ground
to be furnished to the District Excise and Taxation Inspector to draw his opium
quita for more than a month.
(v)
The powers of suspension or cancellation of an Opium
Ration Card shall vest in the
Collector]
7.
The Collector may, for special reasons to be
recorded by him, grant to any person a special permit authorizing him, for a
specified period to have in his possession a specified quantity of excise opium
or poppy-heads in excess of the quantity shown in rule 6.
8.
A licensed druggist may possess such quantities of
excise opium and poppy-heads for the manufacture of medicinal opium as are
specified in his licence under the Dangerous Drugs Act.
9.
Subject to the conditions of his licence a person
licensed to cultivate poppy may possess only poppy-heads which are the produce
of his cultivation.
10.
(i) Subject to the conditions of his licence a
person licensed to sell poppy-heads who lesale may possess on his licensed
premises any quantity of poppy-heads which has been either_
(a)
purchased by him or under his authority from a person
licensed to sell poppy-heads by wholesale in the Province; or
(b)
purchased by him or under his authority from Government
or Government Opium
Alkloid Factory, Lahore, or with the consent of the Collector
from any other person;
(ii) Subject to
the conditions of his license a person licensed to sell opium by retail may
possess any quantity of excise opium and poppy-heads on the licensed premises,
or on the way to the licensed premises from the treasury or other place of
purchase as specified in these rules, provided that the opium purchased reaches
the licensed premises within twenty-four hours of its purchse or within such
other time as may be fixed and specified by the Collector or District Excise
Officer concerned, and that the poppy-heads are__
(a)
purchased by the retail license or under his authority
from person licensed to sell poppy-heads, wholesale in the Province;or
(b)
purchased by the retail licensee or under his authority
from Government, or Government Opium Alkaloid Facotgy, Lahore, or with the
consent of the Collector from any other person.
11.
A person who has, in the manner herinfter provided,
obtained a pass for the import, export or transport of excise opium and
poppy-heads may, subject to the conditions of such pass possess excise opium
and poppy-heads in quantity not exceeding that specified in the pass.
C—TRANSPORT OF OPIUM
12.
Pure and excise opium and poppy-heads may be
transported by any Government officer acting in regard to such transport in the
performance of his official duties.
13.
Any person may transport excise opium or
poppy-heads which he may possess without a license under rule 6,
14.
A permit-holder or a druggist licensed under the
Dangerous Drugs Act may transport excise opium and poppy-heads in quantity
which he is permitted to possess under rules 7 and 8, respectively.
15.
No package containing opium shall be opened during
its transport.
16.
Any person licensed to sell poppy-heads wholesale
and licensed to sell opium by retail may, subject to the conditions of his
licence, transport, poppy-heads from any place in the Province is each quantity
as he may require for the purpose of such license or the business carried on
thereunder:
Provided that
such poppy-heads, shall not be transported from any placed within the limits or
one district to any place within the limits or another district, otherwise than
under a pass obtained in the manner hereinafter provided and subject to the
terms and conditions of such pass.
17.
The transport pass required by rule 16 above may
granted by the Collector or the District Excise Officer of the district from
which the transport is to be made, or the Manager, Opium Alkaloid Factory,
Lahore, or by any other Excise Officer, who has been specially empowered by the
Collector to grant such passes; provided that the applicant for the pass the
district in which such transport is to be made, authorizing the grant of a pass
for the purpose.
18.
Ever transport pass and permit, granted under these
rules, shall be in such from and shall contain such particulars as the [Board
of Revenue] may from time to time prescribe.
19.
Every transport pass granted under these rules
shall be prepared in triplicate. One copy shall be delivered to the applicant,
another copy shall be sent to the office to which the consignment is to be
taken of examination and weighment on arrival at the district or tahsil of
destination, and the remaining copy shall be placed on records in the office of
issue.
20.
Every permit authorizing an application for a
transport pass shall be prepared in duplicate. One copy shall be delivered to
the applicant and the other copy shall be placed on record in the office of
issue.
21.
The Collector or the District Excise Officer of any
district through which a consignment of poppy-heads may be passing under cover
of a transport pass, may on due cause being shown by the consignor, consignee
or person in charge of the consignment, extend the period for which such
transport pass is to remain in force, Every extension of time so granted shall
be endorsed upon the pass by the Collector or the District Excise Office
granting it, and every such endorsement shall be dated and signed by him.
22.
The poppy-heads transport under cover of the
transport pass shall, on arrival within the limits of a tahsil or district in
which its place of destination is situate, be taken for examination and weighment
direct to the office designated in the transport pass in that behalf.
23.
On arrival at such office the consignee or
person-in-charge of the consignment shall deliver up his copy of the transport
pass and all poppy-heads in his possession to the Collector or District Excise
Officer or any other Excise Officer authorized by either of them to examine and
weigh the consignment.
E—IMPORT OF OPIUM
24.
Any person may import in his personal possession
the quantity of excise opium or poppyheads he is permitted to possess without a
licence under rule 6.
25.
The import of pure and excise opium and poppy-heads
is permitted by a Government servant acting in regard to such import in the
performance of his official duties.
26.
The import of opium by or on behalf of Government
shall be regulated, by such instructions as may be issued by it from time to
time.
E—EXPORT OF OPIUM
27.
The export of opium from the Province is prohibited
except under the provisions of rules 28 and 29.
28.
Opium may be exported by Government or on behalf of
Government or by any
Government officer acting in regard to such export in the
performance of his official duties.
29.
Opium may be exported under an import authorization
granted in accordance with the rules in force in the Province and countersigned
by the Commissioner.
30.
Poppy-heads may by exported by or on behalf of
Government, A person licensed to sell poppy-heads by whosesale may also be
permitted to export poppy-heads under an import authorization granted in
accordance with the rules in force in the province of import and countersigned by the
Commissioner.
F—FURTHER GENERAL PROVISIONS REGULATING
TRANSPORT, IMPORT AND EXPORT OF POPPY-HEADS
31.
Every consignment of poppy-heads to be transported,
imported or exported under these rules shall be properly packed, and firmly
secured and sealed so that it cannot be opened and its contents tampered with
or extracted without breakage of or damage to the seals or packing material.
32.
Every Collector and every Excise Officer is
authorized to detain, so long as may be necessary for the inspection of the
same and to inspect any consignment of poppy-heads, in transit through his
jurisdiction and to call for the production of the pass under which such
poppyheads are being transferred, imported or exported.
33.
If upon any inspection made under the powers
conferred by rule31 above any excess or deficiency between the quantity of
poppy-heads specified in the pass and actual quantity contained in any parcel
or package to which the pass relates is found to exist, and the sonsignor,
consignee or person in charge thereof cannot satisfactorily account Collector
or District Excise Office of the district in whicdh such inspection is made and
pending the orders of such Collector or Disitrict Excise Officer the parcel of
package in question shall be detained by the inspecting officer.
34.
If, when any poppy-heads shall be weighed under the
provisions of rule 23 or in the course of inspection made under the provisions
of rules 32 and 33, a deficiency between the quantity specified in the pass and
that contained in any parcel or package to which the pass relates is found to
exit, such allowance on account of dryage shall be made in reduction of that
deficiency as may from time to time be prescribed by the [Board of Revenue] in
that behalf.
35.
Save when other wise ordered by a collector in the
case of any particular consignment or consignments, the transport, import or
export of poppy heads exceeding two seers in weight by railway is permitted
only in accordance with the following regulations:
(a)
The consignment shall be covered by a transport, import
or export pass (as the case may) issued in accordance with the provisions of
these rules and under such subsidiary instructions as the 1[Board of Revenue]
may from time to time prescribe.
(b)
Each package thereof shall, whether any person
responsible therefore is traveling by rail along with the consignment or not,
be handed over to the custody of the railway officials and by them be booked
through from the railway station at which it is brought on to the railway, to
the railway station at which it is to be taken off the railway.
36.
Any consignment of poppy heads which is in course
of transit by rail by which is not covered by a pass or has not been booked
through as provided by rule 35 may be seized and detained by any railway, police
or excise officer.
G—SALE OF OPIUM
37.
Excise opium or poppy heads may be sold by any
government officer on behalf of government in accordance with such directions
as the 1[Board of Revenue] may, from time to time issue in that behalf.
38.
Poppy heads may be sold by a licensed cultivator in
accordance with the conditions of his license.
39.
(a) poppy heads may be sold by a person holding a
license granted in accordance with these rules either for the wholesale vend of
poppy heads or for the retail vend of opium ; and
(b) Excise opium
may be sold by a person holding a license granted in accordance with these
rules for the retail vend of opium.
40.
Every license for the sale of poppy heads by
wholesale (herein after called a wholesale license) shall be granted subject to
the provisions of rules 42,44,45,46,47,48,51 to 69, and shall be in such form
and shall be subject in addition to the conditions hereinafter prescribed, to
such conditions not inconsistent with the provisions of Opium Act, 1878, and of
these rules as the 1[Board of Revenue] may from time to prescribe-
(a)
The license holder shall sell poppy heads only. He
shall neither keep any stock of, nor sell, either mixed with poppy heads, which
he is authorized to sell or separately any chloral hydrate, butyl-chloral-hydrate
or para-alde-hyde.
(b)
The license holder shall not sell poppy heads other
than such as he has himself purchased in the Province from some person duly
authorized under these rules to sell the same to him.
(c)
The license holder shall not sell at one time poppy
heads in less quantity than five seers.
(d)
The license holder shall not sell poppy heads to any
person other than a person licensed to sell poppy heads wholesale or retail in
the Province or a person holding a permit under the rules:
Provided that in selling poppy
heads to a druggist licensed under the Dangerous Drugs Act or a medical
practitioner he shall sell the same only in such quantities as such licensed
druggist or medical practitioner may be entitled to possess, provided that he
licensee shall sell poppy heads at such rate as may, from time to time, be
fixed by the [Board of Revenue] and endorsed on the license.
(e)
the license holder shall not in an area not included in
the Province hold directly or indirectly through an agent any license for the
vend of spirit, fermented liquor or intoxicating drug as defined in Excise Act,
for the time being in force in the Province, or of opium as defined in the
Opium Act, 1878 for the time being in force in the Province, nor shall he act
as the agent of any person holding such a license.
(f)
The licensee shall keep correct daily account of sales
of poppy heads in such form as the Commissioner may from time to time
prescribe, and shall at the end of each month prepare and submit to the
District Excise Officer a monthly abstract of his receipts and sales.
(g)
The licensee shall keep the stock of poppy heads which
he is entitled to possess under his license at the vend premises mentioned in
his license and not elsewhere.
(h)
The license holder shall at all times comply with each
and all the provisions and requirements of the rules for the time being in
force made under the Opium Act. [1878].
(i)
The licensee shall, on demand by any authorized Excise
Officer, produce his license and his sale accounts for inspection by such
officer.
(j)
The licensee shall have constantly fixed up at the
entrance of his licensed premises a signboard bearing the following inscription
in legible characters in vernacular-
(1)
Name of licensee.
(2)
License for sale of poppy heads by wholesale.
(3)
The wholesale rate poppy heads as fixed by
Commissioner.
(k)
The licensee shall not allow any person to conduct
sales in his behalf unless the name of such person has been approved by the
District Excise Officer and endorsed on the license.
(l)
On the termination of the period for which license is
granted or on the license being cancelled by the Collector the licensee shall
forthwith surrender the license to the District Excise Officer.
41.
Every license for the sale of opium by retail
(hereinafter called a retail license) shall be granted subject to the
provisions of rules 43, 44, 45, 46, 47, 48, 51 to 69 and shall be in such form
and shall be subject, in addition to the conditions hereinafter following, to
such conditions not inconsistent with the provisions of the Opium Act, 1878 and
of these rules as the [Board of Revenue] may from time to time prescribe-
(a)
The license holder shall sell excise opium and poppy
heads only. He shall neither keep any stock of, not sell either mixed with
excise opium or poppy heads which he is authorized to sell, or separately,
chloral-hydrate, butyl-choral-hydrate or paraalde-hyde.
(b)
The license holder shall not sell excise opium or poppy
heads other than such as he has himself purchased in the Province from some
person duly authorized under these rules to sell the same to him.
(c)
The license holder shall not sell to any one person at
one time excise opium in greater quantity than two tolas or poppy heads in
greater quantity than one seer at a time.
(d)
The license holder shall not boil before sale for any
purpose what ever any excise opium which he is permitted to sell under his
license, and such excise opium must be sold in an unboiled state.
(e)
The license holder shall not in an area not included in
the Province hold directly or indirectly through an agent any license for the
vend of spirit, fermented liquors or intoxicating drugs as defined in the
Excise Act for the time being in force in the Province, or of opium as defined
in the Opium Act, for the time being in force in the Province, nor shall he act
as the agent of any person holding such license.
(f)
The license holder shall keep correct daily accounts of
sales of excise opium and heads in such form as the 1[Board of Revenue] may
from time to time prescribe, and shall at the end of each month prepare and
submit to the District Excise Officer a monthly abstract of his receipt and
sales.
(g)
The license holder shall not sell any poppy heads or
excise opium to any person not legally entitled to possess the same.
(h)
The licensee shall, for the purpose of selling excise
opium and poppy heads under the license maintain a shop at the place stated in
his license, and nowhere else; nor
shall he sell excise opium and
poppy heads under his license elsewhere than at such shop.
(i)
The licensee shall keep the stock of excise opium or
poppy heads or both, which he is entitled to possess under the license at the
vend premises above described and not elsewhere and as long as he holds the
license he shall keep at the shop above mentioned a supply of excise.
(j)
The license shall sale excise opium and poppy –heads at
such rate as may from time to time be fixed by the [Board of Revenue] and
endorsed on the license.
He license
shall not open his shop for purposes of sale before such hour nor shall he keep
it open after such hour in the day as the Commissioner may fix from time to
time.
(k)
The license shall not permit any excise opium or
decoctions of poppy-heads to be consumed on the premises of his shop.
(l)
The License shall not permit any excise opium or
decoctions of poppy-heads to be consumed on the premises.
(m)
The licensee shall not sell excise opium or poppy heads
(a)
to any person who is a member of the armed forces of
Pakistan when uniform, or when not in uniform, if the licensee knows, or has
reason to believe that he is member of any such forces: or has reason to
believe that he is member of any such forces: or
(b)
to any person whom the license knows, or has reason to
believe to be a follower of the forces mentioned in sub-rule(a);or
(c)
to any person whom the license knows, or has reason to
believe to be a policemen, excise officer, or railway servant on duty: or
(d)
to any person in the custody or under the escort of
police? or
(e)
to any insane person or minor
Provided that the restrictions
laid down in sub-rules (a) and (b) of the rule shall not apply to the sale made
to such a member or a follower when he is absent or on leave from his regiment
(n)
The licensee shall not receive any wearing apparel or
other goods in barter for excise opium or poppy-heads
(o)
The licensee shall not permit the resort to his shop of
persons whom there is reason to believe to be habitual criminals: he shall
prevent gaming and disorderly conduct therein, and he shall give information to
the nearest Magistrate or police officer of the resort to his shop of any
person suspected of having committed an offence or of habitually committing
offences for which, under the Criminal Procedure Code, warrants would
ordinarily issue.
(p)
The Licensee shall have constantly fixed at the
entrance of his shop a signboard bearing the following inscription in legible
characters in vernacular:-
(1)
Name of vendor.
(2)
Licensed to retail excise opium and poppy-heads, and
the retail rate of excise opium and poppy-heads to be charged by the licensee
as set forth in the license.
(q)
The license shall, on demand by any Excise &
Taxation Officer, produce the license and his sale accounts, for inspection by
such officer.
(r)
Any inspection note book, with pages numbered
consecutively shall be kept by the license. He shall hand it over to nay Excise
& taxation Officer on a receipt being given, therefore. Any punishment or
or warning incurred by the license
without forfeiture or cancellation of his license may be recorded in this book.
(s)
The licensee shall comply with any rules made under the
Opium Act, 1878 for the regulation of the transport, import, or sale of Excise
Opium and poppy heads.
(t)
licensee shall not allow any person to conduct sales on
his behalf unless the name of such person has been approved by the District
Excise Officer and endorsed on the licensee.
(u). On the
termination of the period for which the licensee is granted or on the licensee
being cancelled by the Collector, the licensee shall forth –with surrender the
licence to the District Excise Officer.
42.
(1) Licences to sell poppy- heads whole sale in the
Province may be granted but the Collector of the area in which the business
under such licence is to be carried on.
(2)
Whole sale license may be granted for a period of one
year only, and every such licence shall determine on he expiry of the financial
year in which licence is to be carried on.
(3)
The fee for a wholesale licence shall be as the (Board
of Revenue) may from time to time prescribe and shall be payable before the
license is granted.
43.
(1) Licences to sell opium by retail in the
Province may be granted by the collector of the area in which the business
under such license is to be carried on.
(2)
Subject to the general or special orders of the
Commissioner retail Licences may be granted in respect of such places in each
district as the Collector shall determine.
(3)
Retail licences may be granted for a period of one year
or such shorter period as may be fixed by the Commissioner, from time to time
and every such licence shall cease to
operate and determine on the expiry of the period for which it was granted,
provided that any such license shall not continue beyond the expiry of the
financial year in which it was granted.
(4)
For the purpose of fixing the fee payable for any
retail licence, or fall or any of such Licences to be held within the limits of
any one district, or part of a district the Collector may, according as he
thinks fit, either direct that such retail licence or licence or Licences be
disposed of on the basis of Opium determined to be admissible for each vend or
be put up for sale by public auction or call for tender for such licence or
grant such licence or licences in the manner prescribed by the Commissioner.
(5)
The [Board of Revenue] may from use to time prescribe
the conditions subject to which the divisions of any licence by fixing the fee
on the bases of supplies of opium determined to be admissible shall be made or
sale by auction or tender or grant in any other manner of any retail licence
shall be conducted and the instilments in which and the time and place at which
the fee for any such licence shall be paid.
(6)
The Commissioner may from time to time prescribe
conditions not inconsistent with these rules or the Opium Act, 1878, to
regulate the following:(a) persons to whom the licenses may not be granted:
(b)
persons to whom the excise opium or poppy heads may not
be sold;
(c)
Persons who may not be employed by a licensee for
assistance in his business, and (d) Stock,
storage and issue of excise opium and poppy heads.
H – GENERAL ORDERS AS TO LICENCES FOR THE
SALE
44.
It shall be in the discretion of the Collector to
refuse to grant a licence under these rules to any person until such person
shall have given a bond for the due performance of the conditions subject to
which it is proposed that such license shall be granted, and binding himself in
the event of his committing a breach of any of such conditions or causing or
permitting any such breach to be committed, or in the event of his abandoning
the business connected with such licence before the expiry of the term for
which such license may be granted, to pay such compensation, not exceeding the
amount named in the bond, as the Collector may fix.
45.
The payment of compensation under rule 44 shall not
operate as a bar to or otherwise affect, any other proceedings which may law
fully be taken against the licensee in respect of the infringement of the
conditions of his license.
46.
If any person who has held a license to sell excise
opium and poppy heads shall have in his possession, on the expiration or
determination for any other cause of his license, any excise opium or poppy
heads which he is authorized under the conditions of this license to sell, but
is unable forthwith to dispose of by private sale in accordance with the
provisions fo these orders to other persons holding licences to sell excise
opium and poppy heads he shall at once surrender the same to the Collector. The
Collector shall make over such excise opium and poppy heads in any quantity not
exceeding that which the transferee is likely to sell within two months to the
incoming licensed vendor who is taking the place of the licensed vendor who
surrendered the excise opium and poppy heads to the Collector or otherwise to
any licensed vendor within the district:
Provided that if any such excise opium or poppy heads or any
part thereof be declared by the District Health Officer or other duly qualified
officer to be unfit for use, the Collector shall cause the same to be
destroyed.
47.
The licensee on first taking up business under his
license shall be bound to take over in such quantity, not exceeding that which
he is likely to sell in two months and at such rates of purchases as the
Collector may direct, any surplus stock remaining unsold with any licensed
vendor whose licence has expired or has been withdrawn. In the event of the
said licensed vendor refusing or failing to pay such price, the Collector may
forthwith cancel his licence.
48.
The Collector shall tender the price so paid to the
outgoing licensed vendor by whom the excise opium or poppy heads were
surrendered and such licensed vendor shall not be entitled to any price,
payment or compensation whatsoever in respect of excise opium or poppy heads
surrendered under rule 46 other than the sum so tendered.
I – GENERAL PROVISIONS APPLICABLE TO ALL
LICENCES,
ETC., UNDER THESE RULES
49.
Any officer empowered under any of these rules to
grant a license, pass or permit thereunder may, in his discretion, either grant
the licence, pass or permit (as the case may be) applied for, or by, order in
writing refuse to grant such license, pass or permit.
50.
A person whose application for any license, pass or
permit has been refused shall not be entitled to be informed of the reason upon
which such refusal is based.
51.
Every license shall be granted to a certain
licensee in respect of certain premises.
52.
A license may only be granted to-
(a)
an individual ;
(b)
a body incorporated under the Pakistan Companies Act,
1913; (c) a society registered under
the Cooperative Societies Act, II of 1912; (d) a
partnership or firm.
53.
A license may be transferred by the authority
competent to grant it for the remainder of its currency to a new license [***].
54.
When a license is granted to a company or society
referred to above it must show the name of an individual as agent acting on
behalf of the licensee who is amenable in full to the criminal Courts in
Pakistan. On the application of the company or society, [* * *] the
representative licensee may be changed by the authority competent to grant the
licence.
55.
When a licence is granted to a partnership or firm
not incorporated under any Act, all the individuals comprising the partnership
or firm should be specified on the license.
56.
On the application in writing of all the partners,
2[* * *] a partner may at any time be added by the authority competent to grant
the license, provided that he is other wise eligible, in which case he shall be
responsible for all obligations incurred or to be incurred under the license
during the period of its currency as if it had originally been granted in his
name.
57.
On the application in writing of all the partners,
a partner may at any time be removed by the authority competent to grant the
licence.
58.
A license granted to a partnership is determined by
the dissolution of the partnership, subject to the liability of the partners
jointly and severally, for any loss caused to Government thereby and for the
performance of all obligations to Government incurred by the partnership.
59.
If any of the several holders of any license, pass,
or permit dies before or during the period of the currency of his license, such
license shall pass to the survivors, and if there be but one licensee, it shall
forthwith determine: provided that the Collector may in his discretion continue
any such license in force in favour of the legal representative of the deceased
license holder
60.
Any licence, permit or pass granted under these
rules may at any time be forthwith revoked cancelled or suspended by the
Collector –
(a)
if it is transferred of sub let by the holder thereof
without the permission of the Collector ; and
(b)
if any duty or fee or installment of duty or fee
payable by the holder thereof be not duly paid ; or
(c)
in the event of a breach by the holder thereof or by
his servants or any one acting with his express or implied permission of any of
the terms or conditions of his license, pass, or permit or any rule from time
to time in force under or any provisions of the Opium Act, 1878, or
(d)
if the holder thereof is convicted of any offence
punishable under this Act or any other law for the time being in force relating
to revenue or of any cognizable and non-bailable offence or any offence
punishable under the Dangerous Drugs Act or under the Merchandise Marks Act,
1889, or of any offence punishable under sections 482 to 489 (both inclusive)
of the Pakistan Penal Code; or
(e)
if the holder thereof is punished for any offence
referred to in clause (8) of section 167
of the Sea Customs Act, 1878; or
(f)
if the license-holder become physically or mentally or
other wise incapable for any period exceeding one month of personally carrying
on his business under his license : or
(g)
if the license-holder be declared insolvent; or
(h)
if any other license held under these rules in the
province is cancelled for any of the reasons above-mentioned, or if any license
held by him in the province under the Excise Act is cancelled ; or
(i)
if the licensee fails to fulfill the requirements of
rules 47 of there rules ; or
(j)
If the holder thereof is reasonable suspected of
committing or conniving at the commission of an offence under [the Dangerous
Drugs Act, 1930. or the West Pakistan Prohibition of Opium Smoking Ordinance,
1960, or any other excise law for the time being in force] ;
(k)
if an employee or agent of the holder thereof has
within the scope of his employment or agency, been guilty of the commission or
connivance at the commission of an offence under [ the Opium Act, 1878, or the
Dangerous Drugs Act, 1930 or the West Pakistan Prohibition being in force] and
the said holder of license, permit or pass has failed connivance at the
offence.
61.
When any license has been cancelled under rule 60
the collector may renew it for the remainder of the period on the tender or
such additional license fee as he may see fit to accept.
62.
In the case of cancellation or suspension of a
license, pas or permit under rule 60 the fee payable for the balance or the
period for which any license would have been current but of such cancellation
or suspension shall remain recoverable form the ex-license.
63.
If the holder of a license, pass, or permit under
these rules makes default in complying with any condition imposed upon him by
such license the collector may take the grant under management at the risk of
the person who has so defaulted or ma re-shell it and any deficiency in price
any all expenses of such re-sale shall be recoverable form the ex-licensee.
64.
In the case of cancellation or suspension of a
license, pass, or permit under rules 60 the licensee shall be entitled to
demand, recover, or receive any payment or compensation whatsoever or any
refund of deposit, duty , or fee or installment of duty or fee, already paid by
him or any remission of any sum due form him to Government, in respect of the
cancellation or suspension of such license.
65.
The Collector may withdraw a license, pass, or
permit for any cause not given in rule 60, provided that he shall remit a sum
equal
1. Subsequently amended by Gazette of West Pakistan, Part I, 8th Aug. 1961.
To the amount of the fee for fifteen days., and shall either
five fifteen days pervious notice of his intention to cancel the license, or
shall, in addition to remitting the sum aforesaid, make such compensation of
default of notice as the Commissioner may direct. When a license, permit, or
pas is withdrawn under the rule any fee paid in advance or deposit made by the
license in respect thereof shall be refunded to him after deduction the amount
(if any) to Government,
66.
The cancellation, suspension or other determination
of any license, pass or permit granted to any person under any power conferred
by these rules shall not operate as a bar to , or otherwise in any way affect
any proceedings which may lawfully be taken against such person in respect of
anything done, under, or arising out of or connected with any thing done under
such license, pass or permit, nor shall such revocation, cancellation, or other
determination relieve such person of any liability or penalty incurred by him
under any provision of Opium Act, 1878, or other law for the time being in
force regulating the possession, transport, import and export of opium or any
of there matters or the rules made under that Act or such law.
67.
(1) No license, permit, or pass granted under the
Act shall be deemed to be invalid by reason merely of any technical defect,
irregularity or omission in the license or in any proceeding taken prior to the
grant thereof.
(2) The
decision of the Commissioner as to what is a technical defect, irregularity, or
omission shall be final.
68.
No person to whom a license, permit or pass may
have been granted shall be entitled to claim any renewal thereof and no claim
shall lie for damages or otherwise in consequence of any refusal to renew a
license, permit or pas on the expiry of the period for which it remains in
force.
69.
In any case in which a license held by more than
one person may be cancelled under these rules the Collector may instead of
canceling the license remove the name of any one of the licensees.
J- APPEAL AND REVISION
70.
An appeal shall lie form an original or appellate
order or an Excise Officer as follows, namely:-
(a)
to the Collector when the order is made by an Excise
Officer below the rank of
Collector
(b)
to the Commissioner when the order is made by a
Collector : Provided that:-
(1)
When an original order is confirmed on first appeal, a
further appeal shall not lie ;
(2)
When any such order is modified or reversed by the
Collector on appeal, the order mode by the Commissioner on further appeal, If
any , shall be final.
71.
Every memorandum of appeal must be presented within
thirty days(one month) form the date o f the order appealed against.
72.
very memorandum of appeal shall be accompanied by
the order appealed against, in original, or by an authenticated copy of such
order unless the commission to produce such order or copy is explained to the
satisfaction of the appellate authority. The time spent in obtaining an
authenticated copy of such order, shall be excluded form the period of
limitation prescribed under rule 71 above.
73.
(1) A Commissioner or a Collector may review and on
so reviewing modify, reverse, or confirm an y order passed by himself or any of
his predecessor in officer under these rules, provided that.
(a)
an application ofr review of an order shall not be
entertained unless it is made within thirty days form the passing of the
orders, or unless the applicant satisfies the officer that he had sufficient
cause for not making the application within that period;
(b)
an order shall not be
modified or reversed unless reasonable notice has been given to the
parties affected thereby to appear and be heard in support of the order :
Provided also that no license, pass, or permit shall be
cancelled by way of review of the order granting it.
(2) An appeal
shall not lie form an order refusing review or confirming on review a previous
order.
74.
A Commissioner or a Collector may call for the
record of any case under these rules pending before or disposed of by any
officer subordinate to him and pass such order in conformity with these rules
as he thinks fit. An order shall not be modified or reversed unless reasonable
notice has been given to the parties affected thereby to appear and to be heard
in support of the order.
K- DISPOSAL OF THINGS CONFISCATED
75.
The opium ordered to be confiscated by the magistrate
under the Opium Act, 1878, or by an officer authorized under paragraph 3 of
section 12 of the said Act, shall be deposited in the local Malkhana under the
District Magistrate. The District Excise Officer concerned shall arrange to
collect it and forward it to the Government Opium Factory in accordance with
the instruction issued by the Commissioner from time to time.
76.
All property other than opium which is confiscated
under the opium Act shall be sold under the orders of the Collector.
L—REWARDS
77.
(1) Subject to the provisions of these rules,
following authorities may grant rewards up to the limit shown against each:-
(2). Any reward
payable to an informer may be disbursed with the approval of granting authority
without requiring the attendance of the actual payee or a receipt from him.
(3). Subject to
the order of Government, if any, the [Board of Revenue], may give directions to
his specify the procedure of the grant disbursement accounts and verification
of the rewards and issued other instruction in necessary for regulting for the
grant of rewards and guiding the granting authorities.
M- MISCELLANEOUS
78.
Subject to provision of the Opium Act of the 1878,
and of this rules to commissioner shall be competent to prescribe the form of
every license permit, pass, register or document under this rule and may direct
as so what particulars any of them shall contain, by whom it shall be granted,
what fee shall be paid for it and for what period and subject to what condition
it shall be issued.
WEST PAKISTAN OPIUM RULES, 1956
( observation of Rules for the grant of auctioned Retail
Opium Licences )
No.2675-Ex., 19th December, 1956 (Gazette, 4the January, 1957).
–
In exercise of the powers conferred by sub-rule (5) of Rule
43 of the West Pakistan Opium Rules notified in West Pakistan Notification No.
E & T-2/7-56, dated 23rd
November, 1956, and all other powers enabling him in this behalf and in
supersession of all precious notification issued in this behalf in any area in
the Province of West Pakistan excepting Khairpur District, the Commissioner
directs the following rules shall be observed for the grant by auction of
retail opium licences:-
1.
The Collector shall, for each shop to be auctioned,
make an estimate of its probable sales during the period for which it is to be
auctioned and upon such estimate he shall determine the lowest licence fee at
which each shop may reasonably be licensed. The value of the shop should be
communicated to the Selling Officer, but may not be disclosed to the bidders.
If the collector proposes to close any existing shop he shall submit his
proposal well in advance for the orders of the Commissioner,
2.
Auctions shall be held by the Collector or by gazetted
officer selected and empowered in this behalf by the Collector. The
Commissioner will fix the date of the
auctions.
3.
The Collector shall give timely notice of the date and
place of the auction. The notice will also specify___
(a)
the conditions to which the auction will be subject ;
(b)
the number and situation of the shops to be licensed
for the sale of opium ;
(c)
the price, if any, fixed for the retail vend of opium ;
(d)
the occasions, if any, on which the shops will be
closed ;
(e)
the maximum supplies of opium to be allowed and the
restrictions and the
reductions to which they are
subject ; and
(f)
any other information which may be of use to intending
bidders.
4.
Before the auction begins the Presiding Officer will
read out the notice prescribed by the preceding rule.
5.
He will then proceed to put up each shop to auction
after fully explaining its locality. The auction of two or more shops at one
time requires the sanction of the Commissioner in each case.
6.
No person shall be allowed to bid for another person,
whether his partner or not, unless he holds a duly executed power-of-attorney
enabling him in this behalf.
7.
No person shall be allowed to bid unless he has
deposited the sum of Rs. 25 in a Government Treasury, or deposits that sum at
the time of the auction Presiding Officer.
8.
No person shall be allowed to bid whose name is on the
list of persons debarred from holding excise licences in the Province.
9.
The Collector may further exclude from the bidding any
person on account of his notorious bad character or for any other sufficient
reasons to be recorded in writing.
10.
The Presiding Officer shall, refuse to accept any bid
by an excluded person or any bid which he has reason to believe is made in the
interest of any excluded person.
11.
The Presiding officer may refuse any bid which he
considers to be merely speculative or dictated by private enmity.
12.
The Presiding Officer may refuse to accept a bid from
partnership or firm when he has reason to believe that partnership or firm has
been set up only for the purpose of holding particular licence or particular
licences.
13.
The Presiding Officer shall record the name of each
person making a bid and the amount of the bid
14.
Where the bidding exceeds Rs. 100 no bid shall be
accepted unless it is a multiple of Rs. 10
15.
Bids shall be received for the whole licence fee, and
not for the monthly installments in which it may be payable. The Presiding
Officer shall not be bound to accept the highest or any bid. When the highest
bid is refused, the Presiding Officer shall record in writing his reasons for
accepting another bid.
16.
If the Presiding Officer is of opinion that the bidding
is excessively high, he may announce that if any higher bids are made, he will
demand an immediate deposit of the whole amount bid. If such an announcement
has been made, all subsequent bids shall be deemed to have been made subject to
the condition that the whole fee bid shall be immediately deposited.
17.
All bids accepted by an officer subordinate to the
Collector require the Collector’s sanction. All sales are open to revision by
the Commissioner.
18.
If the Collector refuses to sanction a sale or if a
sale is set aside by the Commissioner on revision , the collector may resell
the licence by auction or by tender.
19.
If the lowest licence fee mentioned in rule 1 of these
Rules is not bid for any shop, the Collector may in his discretion accept a
lower bid provisionally, but in forwarding the result of the auction to the
Commissioner under rule 21 of these Rules he shall call special attention to
the case of any shop or shops for which he has provisionally accepted a lower
bid, and shall state in regard to each such shop whether he recommends that the
shop may be___
(a)
closed either permanently or until a person willing to
take it up at the reserved price shall come forward ; or;
(b)
carried on by a vendor who will work it for a
commission on sales ; or
(c)
re-sold at another auction ; or
(d)
sold for the lower bid provisionally accepted.
In forwarding his comments to the Commissioner under rule 21
of these rules the Collector shall record his opinion in regard to each such
shop as to which of the above alternatives should be adopted.
20.
At the conclusion of every auction the Collector or the
officer conducting the auctions shall refund to all persons who have not
obtained licences, all deposits made by them.
21.
The Collector shall forward to the Commissioner a
statement showing the locality of each shop sold, the probable sales during the
period for which it is sold, the lowest fee determined under rule I of these
Rules, the name of the persons to whom the shop has been sold, the amount for
the preceding year, and in any case in which the shop has not been sold for the
highest bid, a short statement of the reasons for rejecting it. If no
intimation to the contrary is received in three weeks, or by the date the shop
sold is to start functioning, which ever period is earlier, the Collector may
assume that the Commissioner has accepted his proposals.
22.
A person to whom a shop has been sold shall pay
one-sixth of the licence fee within 7 days of the auction (any deposit already
made shall be credited to this sum and any excess shall be either returned to
him or credited to future payments). By the 7th of the month in which he begins his business
under his licence and by the 7th of every subsequent month, the licensees shall pay the
balance of the fee in subsequent month,
the licencess shall pay the balance of the fee in equal monthly
installments till the whole fee is paid. The Collector for good and sufficient
reasons to be recorded in writing may recover the balance of the fee at any
time. The licensee may at any time pay the whole amount due if he so wishes. If
the total amount due is less than rupees one hundred, it shall be payable in
one sum unless the Collector for special reasons allows payment to be made by
installments. If any person whose bid has been accepted by the officer
presiding at the auction fails to make deposit of one-sixth of the fee, or if
he refuses to accept the licence, the Collector may resell the licence, either
by public auction or by tender or by private contract, and any deficiency in
price and all expenses for such re-sale or attempted re-sale shall be
recoverable from the defaulting bidder in the manner laid down in section 23 of
the Opium Act, 1878.
23.
(a) When a licence has been cancelled, the Collector
may re-sell it by public auction or by tender by private contract and any
deficiency in price and all expenses of such re-sale or attempted re-sale shall
be recoverable from the defaulting licensee in the manner laid down in section
23 of the Opium Act. The licence shall be disposed of for a fixed sum.
(b)
The Collector shall communicate the result of such
re-sale in the same manner as the ordinary auction results.
(c)
If the amount realized from the original licensee
including the initial deposit of onesixth of the fee, and the amount bid by the
incoming licensee, together are less than the amount previously bid by the
original licensee, together with the expenses, if any of re-sale, the
deficiency must be recovered from the original licensee. If these amounts
together are more than the amount previously bid, no refund shall be made to
the original license.
24.
The above rules shall apply as far as may be to the
sale or re-sale of any retail licence by tender or in any other manner.
25.
[“All payments under the Opium Act, 1878, shall be made
into the Government Treasury by tendering treasury challan forms in triplicate.
On of the three copies of the challan shall be sent by the Treasury Officer to
the District Excise Officer for record in his office.”] The word “Punjab” subs.
By Notification No. S. O. (Excise) xv-4/76 on 29-7-1977
The words “except the district of Khairpur” deleted by ibid.
Punjab Amendment:
Cl. (e) omitted by Punjab Notification No. 64/75-43-Ex-II
(p) published in Gazette of Punjab, Ext., Pat I, dated 4-3-77.
Sind Amendment:
Cl. (ee) omitted by Sind Notification No. 1/85/70-Excise/3008,
published in Gazette of Sind, Part IV-A, dated 24-12-70.
Ins.
by Gazette of West Pakistan, Part I, 26th July, 1963. Subs. By Gazette of West
Pakistan, Part I, 26th
July, 1963 Sind Amendment:
Amended by No. 1/85/70-Ex/3008, published in Gazette of Sind
Part IV-A, dated 24th
December, 1970.
Punjab Amendment
After the word “Troy” in rule 2 (j) the words “or 11.664
grams” added by Punjab Notification No. S.O. (Excise) XV-4/76 published in
Gazette of Punjab, Extraordinary, dated 29th June, 1977.
After the word “tolas” the words “or 0.933 Kgs” added by
ibid.
Baluchistan Amendment:
Cls. (q) and (r) added by Notification No. 926-151-Exc./78,
published in Gazette of Baluchistan, Extraordinary, dated 27-6-1978.
Proviso added ibid.
Sub-rules (d) to (v), added by Ibid.
Subs, by Gazette of West Pakistan, Part 1 26th July, 1963. For the
words “Board of Revenue” word “Commissioner" has been substituted by
Punjab Notification No. 64/75/43-Ex-II-(P), published in Gazette of Punjab,
Extraordinary , partI, dated 4-3-77.
Subs by Gazette of West Pakistan, Part I, 26th July, 1963. The words
“Board of Revenue” subs. By word “Commissioner” by Punjab Notification No.
14/75/43-Ex-I I (P), published in Gazette of Punjab, Extraordinary, Part I,
dated 4-.3-77.
Subs. By
Gazette of West Pakistan Part I, 26th, July 1963 Subs. By Gazette of West Pakistan,
18th August
1961.
Sub.s by Gazette of
West Pakistan, 26th
July, 1963. For the words “Board of Revenue” the word “Commissioner” is subs.
by Gazette of Punjab No. 64/75/43-Ex, on 4-3-77.
Baluchistan Amendment:
Sub-rule (c) of rule 41 has been sub. By Notification No.
926-151-Ex/78, published in Extraordinary Gazette, dated 27-07-78 as under:
(c)The
licensee shall not sell to any person other than the one holding an Opium Ration
Card
Excise Opium in greater quantity than 2-tolas of Poppy Heads
in greater quantity than one seer at a time except to a person holding
authorization under rule 7. Opium and poppy-heads for sale to the public.
Subject to the above conditions of the license he shall sell excise opium and
poppyheads to any one offering to pay ready money for the same.
. In
rule 53 after the words “a new licensee” the words “on payment of a fee of
rupees five hundred” have been added by Notification N0.1/85/40-Excise 1058,
published in Gazette of Sind, Extraordinary, dated 11-3-71
The
words “and on payment of a fee of rupees five hundred” have been inserted by
Sind Notification No.1/85-70-Excise/1058, published in Gazette of Sind,
Extraordinary, dated 11th March,1971.
Punjab Amendment
Sub rule (1) of rule 77 has been subs. By Notification No.
64/75/73-Ex-II (P) published in Gazette of Punjab, Extraordinary Part I, dated
4th march,
1977 as under:-
(1) Subject to
the other provisions of these rules, the following authorities may grant
rewards upto the amount shown against each-
Director, Excise and Taxation Up to Rs. 500 in any one case
under the Opium Act, 1878.
Deputy Secretary to Government Upto Rs 500 in any one case Of Punjab,
Excise and Taxation under the Opium Act,
1878
|
Department.
Bureau Punjab.
|
Investigated by or
Incharge ofthe Excise Intelligence
|
|
Commissioner
|
Up to Rs.1000 in any case
|
|
(i) Collector
|
Up to Rs. 400 in any one
case under the Opium Act, 1878.
|
|
(ii) [Sectary (Excise
|
Any amount exceeding Rs. 400 in any
|
|
and Taxation) Board
|
one case under the Opium Act, 1878.
|
Of Revenue].
Added by
Gazette of Punjab, 2nd
May 1952
No comments:
Post a Comment