Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA EXCISE (INTOXICATING DRUGS) RULES, 1967 CONTENTS 1. Title, extent and commencement 2. Definitions PART 1 :- Cultivation of Hemp and the Manufacture of Ganja therefrom 3. Licence required for the cultivation of Hemp 4. Particulars in application for licence 5. Suitability of holdings for cultivation 6. Refusal of licence 7. Grant of licences 8. Fees for licences 9. Watch and Ward Staff for cultivation and their duties 10. Licensee to sell ganja to Government 11. Quality of ganja to be supplied 12. Commissioners Order final 13. Hemp Plants growing on land not licensed for the purpose to be uprooted 14. Responsibility of Village Officials 15. Prevention of spontaneous growth of hemp plant 16. Supplementary Instructions PART 2 :- Establishment, Management and Control of Warehouse for Ganja 17. Warehouses 18. Days and hours during which Warehouse shall be open 19. Unauthorised persons not to have access to warehouse or stock 20. Inspection 21. Accounts 22. Destruction PART 3 :- Possession, Sale, Import, Export and Transport 23. Licence to Registered Medical Practitioners 24. Licence to Manufacturers 25. Licence to sell medicines containing intoxicating drugs 26. Permit for consumption by animal 27. Quantity 28. Duration of Licence PART 4 :- PART 29. Place of Sale 30. Wholesale Issues 31. Prohibition of Sale in other places PART 5 :- Import, Export and Transport 32. Import of Intoxicating Drugs 33. Application for and grant of Import Permit 34. Application for and grant of Export Permit 35. Application for and grant of Transport Permit PART 6 :- Miscellaneous 36. No opening in transit 37. Verification 38. Responsibility of the Railway 39. Examination of consignments in transit 40. Detention of consignments 41. Labels 42. Prescriptions 43. Possession and transport by Government 44. Destruction of seeds, etc 45. Repeal and Savings KARNATAKA EXCISE (INTOXICATING DRUGS) RULES, 1967 In exercise of powers conferred by Section 71 of the Karnataka Excise Act, 1965 (Karnataka Act No. 21 of 1966), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published, as required by sub-section (1) of Section 71 of the said Act, in Notification GSR No. 478 in Part IV-2-C(i) of the Karnataka Gazette (Extraordinary), dated the 26th October, 1967, namely: 1. Title, extent and commencement :- (1) These rules may be called the Karnataka Excise (Intoxicating Drugs) Rules, 1967. (2) These rules shall extend to all the areas of the State of Karnataka where the Karnataka Excise Act, 1965, is in force. (3) They shall come into force at once. 2. Definitions :- In these rules, unless the context otherwise requires: (a) "Act" means the Karnataka Excise Act, 1965; (b) "Authorised Officer" means the Deputy Commissioner or the Officer duly authorised by the Deputy Commissioner to perform any functions under these rules; (c) "Commissioner" means the Excise Commissioner in Karnataka; (d) "Form" means a Form appended to these rules; (e) "Licence" means a licence granted under these rules; (f) "Officer-in-charge of the Warehouse or Warehouses" or "Officer- in-charge" means any Excise Officer or any other Officer appointed under these rules to be in charge of a bonded warehouse; (g) "Permit" means a permit granted under these rules; (h) "Veterinary Surgeon" means and includes an Assistant Veterinary Surgeon and all Officers of the Veterinary Department of and above the rank of Veterinary Inspectors. PART 1 Cultivation of Hemp and the Manufacture of Ganja therefrom 3. Licence required for the cultivation of Hemp :- The cultivation of Hemp shall be permitted only under a licence in Form M.E.I. I granted by the Commissioner in such areas of the State as he may from time to time notify. 4. Particulars in application for licence :- (1) Every application for a licence in Form M.E.I. I shall contain the following particulars, namely: (a) Name, age and residence of applicant; (b) Applicant's father's name; (c) Survey No, and name of the village in which the survey number is situated; (d) Estimated area of the survey number where the licensee proposes to cultivate hemp; (e) Whether the applicant has any previous experience of hemp cultivation. (2) The application for licence shall be made by the occupant or with the special permission of the occupant, by the tenant of the land on which it is intended to cultivate hemp. It shall be presented to the Deputy Commissioner who after making necessary enquiries, shall forward the same to the Commissioner. (3) Applications shall be submitted only when they are called for by the Commissioner by notification and within the time specified in the notification. 5. Suitability of holdings for cultivation :- Licences may be granted only to such applicants whose lands are so situated as to render supervision effective and easy and depending on the stock and estimated demand of ganja for the next three years. 6. Refusal of licence :- No licence shall be granted to a person who has been convicted of any offence against Excise, Opium or Prohibition Laws or who is suspected of having illicitly dealt in ganja grown or manufactured by him or by others during the period of ten years, previous to the application or who did not prepare ganja in the previous years according to instructions issued. 7. Grant of licences :- (1) Licences in Form M.E.I. I. will be granted by the Commissioner in his discretion. (2) The Commissioner shall be at liberty, with the approval of the Government, to grant to a single individual or a firm the exclusive privilege of cultivation of hemp and manufacture of ganja in selected localities. 8. Fees for licences :- Applications for licences shall be accompanied by a challan for having credited a sum of rupees five only, and all licences in Form M.E.I. I shall be granted subject to payment of a licence fee of rupees one hundred for every acre of land permitted to be cultivated for hemp. 9. Watch and Ward Staff for cultivation and their duties :- (1) The Commissioner shall appoint such watch and ward staff as he deems fit to watch the progress of crop raised, to explain to the cultivators as to how and when ganja should be prepared, and to prevent the fraudulent disposal of the plant or any part thereof or the ganja by the cultivator. (2) As soon as ganja is manufactured, the packages or bundles thereof shall be duly sealed and their gross weights as well as the net weights of the ganja contained in them entered in a register kept for the purpose by an officer not lower in rank than that of Inspector of Excise under the signature of himself, village officials and cultivators. Such bundles or packages shall then be forthwith removed by the cultivator under a transport permit granted by Deputy Commissioner and under an escort of an Officer not lower in rank than Inspector of Excise to such place as may be ordered by the Commissioner. The bundles or packages after receipt in the place of destination shall be locked up in a room under the seal of the officer-in-charge or any other Officer and acknowledgments for the receipt of the bundles with the seals intact and with their weights shall be given to the cultivator and Excise Officer by the said Officer-in-charge, receiving the packages. 10. Licensee to sell ganja to Government :- The licensee shall not sell any quantity of ganja produced by him to any person, other than Government and shall be paid such price as may be fixed by the Commissioner, having regard to the cost of production, extent of acreage cultivation, quality of ganja produced and other factors which he deems fit to consider at the time of such fixation. 11. Quality of ganja to be supplied :- The ganja supplied should be free, as far as possible, from stalk and seeds and well pressed into cakes and of a quality fit to be issued for consumption. All ganja not approved by the Commissioner or by any Officer specially deputed by him will be destroyed and the cultivator cannot claim any remuneration therefor. 12. Commissioners Order final :- The Commissioners decision as regards the remuneration payable or the rejection and destruction of any quantity of ganja shall be final. 13. Hemp Plants growing on land not licensed for the purpose to be uprooted :- No person who has not obtained a licence under these rules shall cultivate hemp or allow the same to grow in any land in his possession or under his charge; and it shall be the duty of every such person to cause all hemp plants growing on such lands whether spontaneous or otherwise to be uprooted as soon as he is, or has reason to be aware of their existence on such land. 14. Responsibility of Village Officials :- The village officials shall be primarily responsible to see that no clandestine cultivation of hemp is carried on in their respective villages. When such cultivation is discovered, they shall give immediate information thereof to the Excise Officer for necessary action. 15. Prevention of spontaneous growth of hemp plant :- The Village, Excise and Police Officers shall destroy all the hemp plants which spontaneously grow in Government unoccupied lands. 16. Supplementary Instructions :- The Commissioner may issue such supplementary instructions as he deems necessary with regard to the cultivation of hemp and manufacture and transport of ganja and payment of remuneration therefor to the cultivator. He may also issue supplementary instructions regarding the transport, storing, disposal or destruction of charas that may be manufactured with the ganja. PART 2 Establishment, Management and Control of Warehouse for Ganja 17. Warehouses :- (1) The place or places where ganja manufactured under these rules shall be deposited, shall be in charge of such officer or officers as the Commissioner may authorise. The key of the warehouse shall be in the custody of such officers and the warehouse shall be opened and closed by him or in his presence. (2) The stock in the warehouse shall be reweighed on the 30th of June of every year and also at other times if so ordered by the Commissioner. The reweighment shall always be in the presence of a Committee of not less than three gazetted officers to be nominated by the Commissioner. 18. Days and hours during which Warehouse shall be open :- Every warehouse shall be open on all days other than Sundays and public holidays during working hours except in the case of a warehouse where the Commissioner has fixed by executive orders, certain days in a week for purposes of issue of ganja. Permits for issue of ganja shall be received on all working days from the hours of 11 a.m. to 3 p.m. If found necessary by the Officer-in-charge, the warehouse may be opened on Sundays and public holidays for the purpose of rearranging packages, ascertaining weights, removing or destroying refuse ganja, receiving consignments of fresh ganja or cleaning the premises, etc., or for the purpose of performing any urgent Government work. All operations in the warehouse shall be carried out under the personal supervision of the Officer-in-charge of the warehouse. 19. Unauthorised persons not to have access to warehouse or stock :- No unauthorised person shall have access to the warehouse or to the stock nor shall any person interfere in any way with the stock. 20. Inspection :- The Officer-in-charge of the warehouse shall maintain an inspection register paged and stamped with the seal of either the Commissioner or the Deputy Commissioner wherein will be noted all the operations of the warehouse including the date, and the time, when the warehouse was opened and closed and the work carried out in the warehouse. 21. Accounts :- The Officer-in-charge of the warehouse shall maintain true accounts of transactions in the warehouse in Forms M.E.I. I, II and III. He shall also maintain such other accounts in such forms as the Commissioner may from time to time prescribe. 22. Destruction :- If the Officer-in-charge of the warehouse finds during his periodical inspections that any ganja has deteriorated or is deteriorating he shall immediately report the matter to the Commissioner who shall make arrangements either for its immediate issue or disposal or destruction. The refuse or dust on ganja accumulated at the warehouse and ganja accumulated at the warehouse and ganja which is due for destruction as ordered by the Commissioner shall be destroyed only in the presence of either the Commissioner or such other Officers as he may authorise. Before actually destroying, the Officer or Officers, in whose presence the ganja refuse or dust are to be destroyed, shall satisfy himself or themselves by actually weighing it, that the quality of such ganja refuse or dust is in accordance with that shown in the register. PART 3 Possession, Sale, Import, Export and Transport 23. Licence to Registered Medical Practitioners :- (1) Any Registered Medical Practitioner desiring to possess any. intoxicating drug for use as an ingredient in any medicine and to sell medicine containing intoxicating drug on prescription shall make an application to the Deputy Commissioner in that behalf. (2) On receipt of an application under Rule (1), the Deputy Commissioner may make such inquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant the applicant a licence in Form M.E.I. IV on payment of a fee of rupees twenty. 24. Licence to Manufacturers :- (1) Any person on behalf of an institution, or any manufacturer of medicines desiring to possess any intoxicating drug for use as an ingredient in the preparation of any medicine and to sell medicines containing intoxicating drug may make an application to the Deputy Commissioner for a licence in that behalf. (2) On receipt of an application under sub-rule (1), the Deputy Commissioner may make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may grant the applicant a licence in Form M.E.I. V on payment of rupees fifty. 25. Licence to sell medicines containing intoxicating drugs :- (1) Any person desiring to possess and sell medicines containing intoxicating drugs may make an application to the Deputy Commissioner fbr a licence in that behalf. (2) On receipt of an application under sub-rule (1), the Deputy Commissioner may make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, grant the applicant a licence in Form M.E.I. VI on payment of a fee of rupees twenty. 26. Permit for consumption by animal :- (1) Any owner of cattle or any domestic animal desiring to possess any intoxicating drug for administrating it to his cattle or domestic animal on medical grounds may make an application to the Deputy Commissioner for a permit or to such other Officer authorised by the Deputy Commissioner in that behalf. (2) On receipt of an application under sub-rule (1) the Deputy Commissioner or other Authorised Officer, as the case may be, may make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may, grant the permit in Form M.E.I. VII on payment of a fee of rupee one: Provided that no such permit shall be granted unless the administration of the intoxicating drug has been recommended for the cattle or domestic animal by the Veterinary Surgeon. 27. Quantity :- (1) A licence in Form M.E.I. IV or M.E.I. V shall be granted in respect of such quantity of intoxicating drug as may be fixed by the Deputy Commissioner in that behalf. (2) A permit in Porm M.E.I. VII shall be in respect of suchquantity of intoxicating drug as the case may be, as is necessary in each case having due regard to the number of cattle or domestic animals, the dosage prescribed and the recommendation of the Veterinary Surgeon. 28. Duration of Licence :- (1) No licence or permit under these rules shall be granted for a period beyond the 30th of June next following the date of the commencement of the licence or permit as me case may be. (2) No licence or permit shall be granted to a person under 21 years. PART 4 PART 29. Place of Sale :- Intoxicating drugs shall be issued only from the Government Treasuries or such other places as the Government may from time to time direct. 30. Wholesale Issues :- Intoxicating drugs required for sale at a Government Treasury for consumption or use in manufacture may be obtained from the Central warehouse established by the State Government for this purpose or from such other places outside the State as the Commissioner may direct. 31. Prohibition of Sale in other places :- Intoxicating drug shall not be sold except in places established under Rule 29: Provided that a person holding a licence in Forms M.E.I. IV, M.E.I. V or M.E.I. VI, may sell medicines containing bhang to the extent and subject to the conditions laid down in his licence. PART 5 Import, Export and Transport 32. Import of Intoxicating Drugs :- Subject to the provisions of these rules and any other rules in this behalf no intoxicating drug shall be imported from any place outside the State of Karnataka except by or on behalf of the Commissioner. 33. Application for and grant of Import Permit :- (1) Any person holding a licence in Forms M.E.I. IV, M.E.I. V or M.E.I. VI and desiring to import medicines containing intoxicating drug from any other State in India may make an application to the Deputy Commissioner in that behalf. (2) On receipt of an application under sub-rule (1), the Deputy Commissioner may make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may grant the applicant a permit in Form M.E.I. VIII. 34. Application for and grant of Export Permit :- (1) Any person desiring to export medicines containing intoxicating drug may make an application to the Deputy Commissioner in that behalf and shall along with the application forward, an import permit or no objection certificate from the Chief Excise authority of the place to which such medicines are to be exported. (2) On receipt of an application under sub-rule (1) the Deputy Commissioner may make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the permit applied for, he may grant the export permit in Form M.E.I. IX. 35. Application for and grant of Transport Permit :- (1) Any person desiring to transport intoxicating drugs or medicines containing intoxicating drugs may make an application for a transport permit in that behalf to the Deputy Commissioner: Provided that no such permit shall be necessary when transport of intoxicating drugs or medicines containing intoxicating drugs is permitted under the licence or permit granted under these rules. (2) Save as provided in sub-rule (1) a person holding a licence in Forms M.E.I. IV, M.E.I. V or M.E.I. VI shall make an application to the Deputy Commissioner who granted him such licence for a transport permit. Any other person shall make an application for a transport permit to the Deputy Commissioner of the place from which intoxicating drug or medicines containing intoxicating drug is to be transported and shall in case of transport from one District to another District forward a no objection certificate of the Deputy Commissioner of such other District to which intoxicating drug or medicines containing intoxicating drug is to be transported. (3) On receipt of an application under sub-rule (2) the Deputy Commissioner or the Authorised officer as the case may be shall make such enquiries as he deems fit and if he is satisfied that there is no objection to grant the permit applied for, he may grant the applicant a permit in Form M.E.I. X. PART 6 Miscellaneous 36. No opening in transit :- No packet containing intoxicating drug or medicines containing intoxicating drug as the case may be, shall be opened during its import, export or transport. 37. Verification :- Where intoxicating drugs or medicines containing intoxicating drugs is imported or transported the packages containing intoxicating drugs or medicines containing intoxicating drugs at their destination shall not be opened except in the presence of the Excise Officers authorised to verify the contents. The verification shall mean and include the comparison of the weight noted on the permit with the actual weight of the packages, the verification of the seals on the packages and the comparison of the actual contents of the drug or medicine with those noted on the transport or import permit. If the verifying officer finds appreciable increase in the contents, he shall take possession of the packages after giving a receipt to the licensee and report the matter to the Deputy Commissioner. If there is appreciable shortage in the contents, the verifying officer shall draw up a mahazar and report the shortage through the Deputy Commissioner to the authority which issued the transport or export permit. 38. Responsibility of the Railway :- (1) No Railway administration shall receive or convey intoxicating drugs or medicines containing intoxicating drugs which is not covered and accompanied by a permit from the Officer duly empowered in that behalf, or (2) Convey intoxicating drugs or medicines containing, intoxicating drugs otherwise than, (i) in the direct and personal custody of a Railway Official up to the Station at which intoxicating drug or medicines containing intoxicating drug should leave the Railway and (ii) according to the route prescribed in such permit. 39. Examination of consignments in transit :- (1) The consignment of intoxicating drug or medicines containing intoxicating drug shall not be broken in transit and any Revenue Officer not inferior in rank to a Revenue Inspector, or any Inspector, Assistant Inspector of Excise or any Police Officer not inferior in rank to a Head Constable or any Narcotic Officer not inferior in rank to an Inspector may at any time examine such consignments. (2) If, after such examination the Officer is satisfied that the packages have not been opened or tampered with in transit and that the number of packages and their weight correspond with the number of a packages and their weight as specified in permit, the consignments shall be allowed to proceed. 40. Detention of consignments :- If the Officer referred to in Rule 39 is not satisfied then the consignments shall be detained and dealt with according to the orders of the Deputy Commissioner or Commissioner. 41. Labels :- In the case of preparations and admixtures containing intoxicating drugs (which are not manufactured drugs within the meaning of that term as defined in the Dangerous Drugs Act, 1930) the bottles, phials, packages or containers of such preparations and admixtures, the labels affixed to them shall plainly exhibit: (1) the actual quantity of intoxicating drug as the case may be, present in each bottle, phial, package or container, or (2) sufficient particulars thereof to admit of the ready calculations of such quantity. 42. Prescriptions :- Notwithstanding anything contained in these rules, it shall be lawful for any person to buy, possess, transport, consume or use any medicine containing intoxicating drug in such quantity as may at one time be dispensed or sold to him in accordance with the prescription of a Registered Medical Practitioner. 43. Possession and transport by Government :- Notwithstanding anything contained in these rules, no licence shall be necessary for the possession and sale of intoxicating drugs by or on behalf of Government treasuries established under Rule 29. But the permits for the import, export or transport of intoxicating drugs shall be necessary. 44. Destruction of seeds, etc :- The Commissioner may order the sowing of such quantity of seeds in such manner as he deems fit and the destruction by such officers as he may authorise the seeds, stalk leaves and other refuse of hemp plants. 45. Repeal and Savings :- All rules corresponding to the foregoing rules framed under enactment repealed by Section 72 of the Act are hereby repealed: Provided that any permit, licence or authorisation made or issued under any of the repealed rules shall so far as it is not inconsistent with the provisions of these rules, be deemed to have been made or issued under the corresponding provisions of these rules and shall continue to be in force accordingly, unless and until it expires or is superseded by anything done or any action taken under the Act or these rules as the case may be.