Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com OPIUM ACT, 1857 13 of 1857 [6th June, 1857] CONTENTS 1. Short title and extent 2. Prohibition of poppy cultivation and opium manufacture 3. Appointment of officers to superintend provision of opium 4. Officers amenable to Civil Courts 5. Sanction to suit by Agent 6. Power of Central Government to appoint officer to conduct suits 7 . Board to fix limits of cultivation and price to be paid to cultivators 8. Issue of licences 9. Cultivator to have option to engage to cultivate or not, officers com- pelling cultivator to engage liable to be dismissed 10. Penalty on cultivator receiving advances and not cultivating full quantity of land-Adjudication of penalty 11. Delivery of opium produced 12. Opium tn be weighed and classified by district opium officer 13. Weighing and examination at sadar factory 14. Confiscation of adulterated opium 15. Weights and scales 16. Adjustment of cultivators accounts and recovery of balance by distress 17. Penalty on officer taking bribes 18. Exactions by landholder from raiyat recoverable, together with penalty, in summary suit before Collector 19. Penalty for embezzlement of opium by cultivator 20. Penalty (or illegal purchase of opium from cultivator 21. Penalty for unlicensed cultivation 22. Duty of landholder and others to give information of illegal cultivation 23. Duty of police and other officer to give information of illegal cultiva- tion 2 4 . Police or abkari daroga how to proceed in case of illegal cultivation 25. Landholders, etc., nay attach in case of illegal cultivation 26. Adjudication of penalties 27. Imprisonment in default of payment of fine 28. Punishment for repetition of offences 29. Place of imprisonment under Section 28 30. Disposal of fines and forfeitures 31. Central Government may allow free cultivation of poppy and manu- facture of opium in any district 32. Publication and laying of rules OPIUM ACT, 1857 13 of 1857 [6th June, 1857] An Act to consolidate and amend the law relating to the cultivation of the poppy and the manufacture of opium b [* *]. Preamble.- Whereas the existing law relating to the cultivation of the poppy and the manufacture of opium on account of Government is in some respects inconsistent with the practice which now obtains under agreement be- tween the Opium Agents and the cultivators, and it is expedient that such in- consistency should be removed; And whereas it is also expedient c [* * *] that the laws for preventing the illicit cultivation of the poppy, and for regulating the cultivation of the poppy and the manufacture of opuim on account of Government, should be consoli- dated and amended; It is enacted as follows:- This Act has been declared to be in force throughout the former Province of Bengal and the former North- Western Provinces except the Scheduled Districts by Laws Local Extent Act, 1874, Sections 6 and S.7 of the Laws Local Extent Act, 1874. It has also been declared to be in force in the Santhal Parganaa (now in Bihar) by Regn. III of 1872, Section 3 (1) and Schedule; and in Oudh (now in Uttar Pra- desh), subject to certain modifications by S.3E OF THE Oudh Laws Act, 1876 and Schedule II. section 21 to section 23 and section 25 to section 29 of the Act have been declared to be in force in the Central Provinces (Mahakoshal Region of the Madhya Pradesh State): by S.3 OF THE C.P.Laws Act, 1875 and Schedule. It has been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), 'Section 3, to be in force in- West Jalpaiguri in the Jalpaiguri District (West Bengal): see Gazette of India, 1881, Pt. I, page 74; Kumaon, Garhwal, the Schedule portion of the Mlrzapur District and the Taral Parganas (Uttar Pradesh): see Gazette of India, 1879, Pt. I, p. 383. the Districts of Hazaribagh, Ranchi, Palamau and Manbhum, and Pargana Dhal- bhum and the Kolhan and the Porahat Estate in the district of Singhbhum In the Chota Nagpur Division (Bihar): see Gazette of India, 1881, Pt. I, p. 504. The Act has been extended to the new Provinces and merged States by S.3 OF THE Merged States (Laws) Act, 1949 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by S.3 OF THE Union Territories (Laws) Act, 1850 (16-4-1950). Manipur and Tripura are full-fledged States with effect from 21-1-1972. Vindhya Pradesh now forms part of the State of Madhya Pradesh-See Act 37 of 1956, Section 9 (1) (e). It has also been extended to States merged in the State of- Madhya Pradesh: see Madhya Pradesh Act XII of 1950, Section 3 (3-4-1950); Punjab: see Punjab Act V of 1950, Section 3 (15-4-1950). The Act has been now extended to the Union territories of Goa, Daman and Diu by Regn. XII of 1962 (31-3-1963) and to Laccadive, Minicoy and Amindivi Islands by Regn. VIII of 1965 (1-10-1967). The Act enforced in Union Territory of Goa, Daman and Diu on 31-1-1963, See Goa Govt. Gaz., 31-1-1963, Sr. I, No. 5 (Supplement) p. 31. It has also been extended to the Union territory of Dadra and Nagar Haveli by Notification No. G.S.R. 450 of 1968 published under Sec. 10 of Act 35 of 1961, with effect from 1-4-1968. It extends to Jammu and Kashmir as well-See Section 2 of Act 62 of 1956. The validity of the Act is not affected by Dangerous Drugs Act, 1930, or by the rules made thereunder: see Section 39 (2) of that Act. 1. Short title and extent :- 1 (1) This Act may be called THE OPIUM ACT, 1857. (2) It extends to the whole of India 2 [* * *].] 1. Inserted by the Opium and Revenue Laws (Extension of Application) Act, 1950 (XXXIII of 1950), Section 2 and Schedule (18-4-1950). The original section I was omitted by Act XIV of 1870. 2. The words 'except the State of Jammu and Kashmir' were omitted by the Jammu and Kashmir (Extension of Laws) Act, 19S6 (LXII of 1956), Section 2 and Schedule (1-11-1956). 2. Prohibition of poppy cultivation and opium manufacture :- Repealed by Opium Act, 1878 3. Appointment of officers to superintend provision of opium :- 1.- (1) The 2[Central Government], after consideration of any recommendation made in this behalf by the 3[State Government] of the 3[State] for which the appoint- ment is to be made, may appoint Opium Agents to superintend the provision of opium for 5[the Central Government]. (2) The 2[Central Government] may appoint officers to assist the Opium Agents, under the designation of Deputy Agents, district opium officers, assis- tant opium officers, or such other designations as it may think fit and may delegate to the Opium Agents the power of appointing all or any of such officers. (3) Unless the 2[Central Government], after consideration of any recom- mendation made by the State Government in this behalf, otherwise directs, the Collector shall be Deputy Agent for his district. (4) The 2 [Central Government] may by rule prescribe the powers and duties of officers appointed under this section.] 1. Substituted for the original section by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the words 'Governor-General in Council' by A.O., 1937. 3. Substituted for the words 'Provincial Government or 'Province' by A.L.O., 1950. 5. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 4. Officers amenable to Civil Courts :- The Opium Agents, and their sub- ordinate officers of every description, are declared amenable to the Civil Courts for all acts done by them in their official capacity, except as otherwise herein provided. Bar of suit without previous application to agent for redress. But no suit shall be instituted against an Agent, or any subordinate offi- cer, for any act done in his official capacity, unless the person who shall con- sider himself aggrieved by the act of such Agent or officer shall have first made application for redress to the Agent himself. In the event of such person not being satisfied with the order which the Agent may pass upon his application, it shall then be competent to him either to lay his case by petition before 1 [the Central Government], or at once to seek redless in the Civil Court, 1. Substituted for the word 'Government' by A.0., 1937 (1-4- 1937). 5. Sanction to suit by Agent :- The Opium Agents shall not in their offi- cial capacity institute any suit in a Civil Court without the previous sanction of 1 [the Central Government]. 1. Substituted for the word 'Government' by A.O., 1937 (1-41937). 6. Power of Central Government to appoint officer to conduct suits :- 1[The Central Government] may take upon itself, or entrust to an officer spe- cially appointed for the purpose, the superintendence of the prosecution or defence of any suit or appeal in which 1[the Central Government] or an Agent, or any other officer subordinate to 1 [the Central Government], may be engaged, instead of leaving such superintendence to the Agent or any other officer.] 1. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 7. Board to fix limits of cultivation and price to be paid to cultivators :- 1[* * *] 2[The Central Government] shall from time to time fix the limits with- in which licences may be given for the cultivation of the poppy on account o f 2[the Central Government]. 2[The Central Government] shall from time to time fix the price to be paid to the cultivators for the opium produced. The price shall be fixed at a certain sum per seer of eighty tolas for opium of a certain standard consistence, and shall be subject to a rateable reduction according to a scale sanctioned by 2 [the Central Government], for opium of a consistence below the standard. 1. The words "The Board of Revenue with the sanction of" were omitted by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the word 'Government' by A.0.,1937 (1-4-1937). 8. Issue of licences :- The 1[district opium officers] or other officers en- trusted with the superintendence of the cultivation shall, at the proper period of the year, issue licenses to the cultivators who may choose to engage to cul- tivate the poppy and to deliver the produce to the officers of 2[the Central Government] at the established rates. What to be specified in license. Every license shall specify the number of bighas which the party engages and is authorized to cultivate, and shall be in such form as the Agent, with the sanction of 2 [the Central Government] may direct. A counterpart engage- ment, in conformity with the tenor of the license, shall be taken from the cul- tivator. 1. Substituted for the words 'Sub-Deputy Agents' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the word 'Government' by A.0" 1937 (1-4-1937). 9. Cultivator to have option to engage to cultivate or not, officers com- pelling cultivator to engage liable to be dismissed :- It shall be at the option of every cultivator to enter into engagements for the cultivation of the poppy or not as he may think fit; and any 1[disrict opium officer] or other officer as aforesaid, or any inferior officer employed in the provision of opium, who shall compel, or use any means to compel, any cultivator to enter into engagements. or to receive advances, for the cultivation of the poppy, shall be liable to be dismissed from his situation. District opium officer may withhold license to cultivate. It shall be at the option of the 1 [district opium officer] or other officer as aforesaid to withhold a license from any cultivator whenever he may think proper so to do. Appeal. Any person to whom a license has been refused may appeal to the Agent and the decision of the Agent shall be final. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 3 and Schedule. 10. Penalty on cultivator receiving advances and not cultivating full quantity of land-Adjudication of penalty :- If it shall be found that any culti- vator who has received advances from the Government has not cultivated the full quantity of land for which he rereived such advances, he shall be liable to a penalty of three times the amount of the advances received for the land which he has failed to cultivate, and the said penalty may be adjudged by the Deputy Agent or Collector, on the complaint of the 1 [district opium officer] or other officer as aforesaid. Appeal. Any person dissatisfied with tlic judgment of the Deputy Agent or Collec- tor, may appeal to the Agent, and the decision of tlie Agent shall be final. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act, 1925 (XXVII of 1825). Section 2 and Schedule. 11. Delivery of opium produced :- All opium the produce of land culti- vated with poppy on account of 1[the Central Government], shall be delivered by the cultivators to the 2[district opium officers] or 3[other officers duly auth- orized to receive such opium], or shall be brought by them to the sadar fac- tory, as the Agent may direct. Opium not liable to distress or attachment-Value thereof may he attached. And no such opium shall he liable tn be distrained or attached by zamin- dar or other proprietor, or a farmer of land, for the recovery of arrears of rent, or by any other creditor of a cultivator under any order or decree of Court, but the sum due to the cultivator on account of such opium may be attached by order of Court in the hands of the Agent or 4 [other] officer under the rules in force for such attachments. 1. Substituted for the words the Crown by A.L.O.. 1950 (26-1- 1950). 2. Substituted for the words 'Sub-Deputy Agents' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 3. Substituted for the words 'other district officers', by the Opium (Amendment) Act, 1925 (XXVII of 1925). 4. Substituted for the words 'of the district', by the Opium (Amendment) Act, 1925 (XXVII of 1925). 12. Opium tn be weighed and classified by district opium officer :- All opium delivered by the cultivators to the 1[district opium officer] o r 2[other officer authorized as aforesaid] shall, before it is forwarded to the sadar fac- tory, be weighed, examined and classified according to its quality and consis- tence by that officer, or his assistant if duly authorized by the Agent in that behalf, in the presence of the cultivators and in conformity with rules sanc- tioned by 3[the Central Government]. Proceeding where cultivator is dissatisfied with classification. Any cultivator who may be dissatisfied with the classification of the 4 [re- ceiving officer] shall be at liberty either to take his opium to the sadar fac- tory, or to. have it forwarded thither by such officer separate from the opium respecting which no dispute has arisen. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the words 'other district officer', by the Opium (Amendment) Act, 1925 (XXVII of 1925). 3. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 4. Substituted for the words 'district officer' by Act XXVII of 1925, Section 2 and Schedule. 13. Weighing and examination at sadar factory :- All opium forwarded by the 1[receiving] officers to the sadar factory, and all Opium delivered at the sadar factory, by the cultivators, shall be there weighed and examined by the Opium Examiner or other officer duly authorized in that behalf, agreeably to rules sanctioned by 2 [the Central Government]; and the quality and con- sistence of the opium, and deductions from or additions (if any) to the standard price to be made in accordance with the said rules, shall be determined by the result of such examination. The decision of the Examiner, or of the Agent in 'cases in which a refer- ence to the Agent may be prescribed by the said rules, shall be final and con- clusive, and not open to question in any Court. 1. Substituted for the word 'district' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 14. Confiscation of adulterated opium :- When opium delivered by a cultivator, either to a 1 [receiving] officer, or at the sadar factory, is suspected of being adulterated with any foreign substance, it shall be immediately seal- ed up pending examination by the Opium Examiner, and notice of such in- tended examination shall be given to the cultivator. Adjudicatum of confiscation. If upon such examination the opium shall be found to be so adulterated. the Agent on the report of he Examiner may order that it be confiscated, and the order of the Agent shall be final and not open to question in any Court. 1. Substituted for the word 'district' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 15. Weights and scales :- The weights and scales made use of in the sadar factories and at the district kothis shall be provided by 1[the Central Govern- ment]. Examination thereof. Every 2[district opium officer] shall annually, before beginning to weigh the opium of the season, examine the weights and scales in use in his district and shall report the result of such examination to the.Agent. The Agent shall make a similar examination of the weights and scales of the sadar factory, and shall report the result to 1 [the Central Government]. No weights or scales shall be made use of which on any such examination have not been found to be strictly accurate. It shall be the duty of all officers who may superintend the weighing of opium to see that the opium is weighed fairly with an even beam; and the practice of taking excess weight for the purpose of turning the scale, or as an allowance for dryage and wastage, is hereby prohibited. 1. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 2. Substituted for the words 'district officer' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 16. Adjustment of cultivators accounts and recovery of balance by distress :- The accounts of the cultivators shall be adjusted annually by the 1[district opium officers or other officers duly authorized in this behalf] as soon after the conclusion of the weighing and examination as possible; and any balance that may remain due from any cultivator, or from any mahtod or inter- mediate manager, may be recovered by the 1[adjusting officer] by distress and sale of the property of the defaulter or of his surety, in -the 'same manner and under the same rules as the property of defaulting cultivators in estates held khas may be distrained and sold by the Collector for the recovery of an arrear of rent or revenue: Sanction to issue of warrant. Provided that no warrant of distress and sale shall beissued by any 1 [ad- justing officer] without the sanction of the Agent previously obtained. 1. Substituted for the words 'district officer' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 17. Penalty on officer taking bribes :- Any officer of the Opium Depart- ment. who shall receive any fee, gratuity, perquisite or allowance, cither in money or effects, under any pretence whatsoever, from any cultivator, or from any other person employed or concerned in the provision of opium, other than the authorized allowances of his situation, shall be dismissed from his office, and, on conviction before a Magistrate, shall be liable to a fine not exceeding five hundred rupees. 18. Exactions by landholder from raiyat recoverable, together with penalty, in summary suit before Collector :- If any zamindar or other proprie- tor of land, or any farmer of land shall exact from any raiyat on account of his poppy land any illegal cess or any higher rate of rent than he is lawfully entitled to demand, the raiyat, or the 1[district opium officer] or pother officer duly authorized in this behalf2 , may institute a suit before the Collector, and recover from such proprietor or former the sum exacted by him in excess of his lawful demand, together with a penalty of treble the amount of such ex- cess; and such suit shall be tried according to the rules prescribed tor suits instituted before a Collector relating to arrears or exactions of rent. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act. 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for I he words 'other district officer on his behalf', by the Opium (Amendment) Act. 1925 (XXVII of 1925). 19. Penalty for embezzlement of opium by cultivator :- Any cultivator entering into engagements for the cultivation of the poppy on account of 1 [the Central Government] who may embezzle or otherwise illegally dispose of, any part of the opium produced shall be liable to a penalty not exceeding ten times the fixed price of the opium which he may be proved to have so dispos- ed of, or to a fine not exceeding five hundred rupees if the amount of the said penalty be less than that sum, and the opium, if found, shall be liable to con- fiscation. 1. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 20. Penalty (or illegal purchase of opium from cultivator :- Any person purchasing or receiving any opium from a cultivator or other person who may have entered into engagements for the cultivation of the poppy, or who may be employed in the provision of opium on account of 1 [the Central Govern- ment], or bargaining for the purchase of opium with such cultivator or per- son, or in any way causing or encouraging such cultivator or person to em- bezzle or illegally dispose of any opium. and for illiegal connivance at embezzlement by opium officer. and any officer of the Opium Department conniving in any way at the embezzlement or illegal disposal of any opium, shall be liable to a fine not exceeding one thousand rupees, unless the opium purchase, bargained for or illegally disposed of shall exceed the weight of thirty-one seers and a quarter, in which case the fine may be increased, at a rate not exceeding thirty-two rupees per seer for all such opium in excess of that weight; and the opium, if found, shall be liable to confiscation. 1. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 21. Penalty for unlicensed cultivation :- Any person who shall cultivate the poppy without license from a 1 [district opium officer] or other officer duly authorized in that behalf, and any person who shall in any way cause, en- courage or promote such illegal cultivation, shall be liable to a fine not ex- ceeding five hundred rupees, unless the quantity of land so illegally cultivated shall exceed twenty bighas, in which case the fine may be at the rate of twenty-five rupees per bigha; and the poppy plants shall be destroyed, or, if any opium have been extracted from them, it shall be seized and confiscated. If the opium shall have been extracted and shall not be seized, the offen- der shall be liable to a further fine not exceeding the rate of thirty-two rupees per bigha of land illegally cultivated. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act, 192S (XXVII of 1925), Section 2 and Schedule. 22. Duty of landholder and others to give information of illegal cultivation :- All proprietors, farmers, tahsildars, gumashtas and other managers of land shall give immediate information to the police or abkari darogas, or opium gumashtas, or to Magistrates, Collectors or officers in charge of the abkari mahal, or to the agents, their deputies or 1 [the district opium officers], of all poppy which may be illegally cultivated within the estates or farms held or managed by them; and every proprietor, farmer, tahsildar, gumashta or other manager of land, who shall knowingly neglect to give such informa- tion, shall be liable to the penalties for illegal cultivation prescribed in the last preceding section. 1. Substituted for the words 'Sub-Deputies' by the Opium (Amendment) Act, 1825 (XXVII of 1925), Section 2 and Schedule. 23. Duty of police and other officer to give information of illegal cultiva- tion :- All police and abkari darogas, and opium gumashtas, and all 1[* * *] officers of the Government of whatever description, and all chaukidars, paiks and other village police officers shall give immediate information to the auth- ority to. which they are subordinate when it may come to their knowledge that any land has been illegally cultivated with poppy; and such authority shall transmit the information to the 2[district opium officer] or other officer superintending the cultivation of the poppy, if in a district where the poppy is cultivated on account of 3[ t h e Central Government], or to the Collector or officer in charge of the abkari mahal if in a district where the poppy is not so cultivated. Every police or abkari daroga, opium gumashta, 1 [* * *] officer, chaukidar or other police officer as aforesaid, who shall neglect to give such information, or shall in any respect connive at the illicit cultivation of the poppy, shall be liable to a fine not exceeding one thousand rupees if the offender be an offi- cer of the Opium Department, or in any other case to a fine not exceeding five hundred rupees. 1. The word 'native- was omitted by A.L.O., 1950 (26-1-1950). 2. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act. 1925 (XXVII of 1925). Section 2 and Schedule. 3. Substituted for the word 'Government' by A.O., 1937 (1-4- 1937). 24. Police or abkari daroga how to proceed in case of illegal cultivation :- Whenever a police or abkari daroga or opium gumashta shall receive intelli- gence of any land within his jurisdiction having been illegally cultivated with poppy, he shall immediately proceed to the spot, and, if the information be correct, shall attach the crop so illegally cultivated, and report the same without delay to the authority to which he may be subordinate. He shall at the same time take security from the cultivator of the said land for his appearance before the Magistrate; and, in the event of such culti- vator not giving the required security, he shall send him in custody to the Magistrate. 25. Landholders, etc., nay attach in case of illegal cultivation :- Proprie- tors, farmers, tahsildars, gumashtas and other managers of land shall be at liberty to attach any poppy grown in opposition to the provisions of this Act in any estate or farm held or managed by them, and shall immediately re- port such attachment to the nearest police or abkari daroga or opium guma- shta, who shall thereupon proceed in conformity with the rules contained in the last preceding section. 26. Adjudication of penalties :- Except as otherwise herein provided, all foes, penalties and confiscations prescribed by this Act shall be adjudged by the Magistrate on the information of the Deputy Agent or 1[district opium officer] in districts in which the poppy is cultivated on account of 2 [the Cen- tral Government], and in other districts on the information of the Collector or officer in charge of the abkari mahal: Provided that no information of an offence against this Act shall be ad- mitted unless it be preferred within the period of one year after the commis- sion of the offence to which the information refers. 1. Substituted for the words 'Sub-Deputy Agent' by the Opium (Amendment) Act, 1925 (XXVII of lfl25). Section 2 and Schedule. 2. Substituted for the word 'Government' by A.O-,1937 (1-41937). 27. Imprisonment in default of payment of fine :- When any person is sen- tenced to pay any fine or penalty under this Act, such person, in default of payment of the same, may be imprisoned by order of the Magistrate for any time not exceeding six months or until the fine is sooner paid. 28. Punishment for repetition of offences :- Whenever any person shall be convicted of an offence against this Act after having been previously convict- ed of a like offence, he shall be liable, in addition to the penalty attached to such offence, to imprisonment for a period not exceeding six months; and a like punishment of imprisonment not exceeding six months shall be incurred, in addition to the punishment, which may be inflicted for a first offence, upon every subsequent conviction after the second. 29. Place of imprisonment under Section 28 :- Every person who shall be imprisoned under the last preceding section, or on account of the non-pay- ment of any fine or penalty prescribed by this Act, unless such person be an officer of the Government or a village police officer convicted of an offence under section 17 , section 20 or section 23 , shall be imprisoned in the civil jail. 30. Disposal of fines and forfeitures :- One-halt of all fines and penalties levied from persons convicted of offences under section 19 , section 20 and section 21 of this Act, together with a reward of one rupee eight annas for each seer of opium confiscated and declared by the Civil Surgeon to be fit for use, shall, upon ad- judication of the case, be awarded to the officer or officers who apprehended the offender, and the other half of such fines and forfeitures, together with a reward of one rupee eight annas for each seer of opium confiscated as afore- said, shall be given to the informer. If in any case the fine or penalty is not realized, the 1[Opium Agent] may grant such reasonable reward, not exceeding the sum of two hundred rupees, as may seem to 2 [him] fit. 1. Substituted for the word 'Board of Revenue' by the Opium (Amendment) Act, 1925 (XXVII of 1925), Section 2 and Schedule. 2. Substituted for the word 'them', by the Opium (Amendment) Act, 1925 (XXVII of 1925). 31. Central Government may allow free cultivation of poppy and manu- facture of opium in any district :- The Central Government may authorize, by an order 1[* * *] the cultivation of the poppy and the manufacture of opium in any district or districts without license from a 2[district opium officer] or other officer of the Government; and, when such order has been published, ail the provisions of this Act shall cease to have effect in such district or districts: Power to prescribe rules for delivery to Government Officers. Provided always that 3 [the Central Government] may prescribe rules for the delivery of the opium so produced to officers of the Government appoint- ed to receive it; and, when such rules have been passed, any cultivator or other persons engaged in the cultivation of poppy and manufacture of opium who shall dispose of any opium otherwise than is allowed by such rules, and any person who shall purchase or receive any such opium in contravention of the said rules, shall be subject to the penalties prescribed in section 19 of this Act; and such penalties may be adjudged by a Magistrate on the informa- tion of any officer of the Government or of any other person. 1. The words of Government' were omitted by A.0" 1937 (1-4- 1837). 2. Substituted for 'Sub-Deputy Opium Agent' by the Opium (Amendment) Act, 1925 (XXVII of 1825), Section 2 and Schedule. 3. Substituted for 'the Government' by A.O., 1937 (1-4-1837). 32. Publication and laying of rules :- (1) Every rule required to be pre- scribed or sanctioned by the Central Government shall be prescribed or sanc- tioned by that Government by notification in the Official Gazette. (2) Every rule prescribed or sanctioned by the Central Government under this Act shall be laid, as soon as may be after it is prescribed or sanctioned. before each House of Parliament, while it is in session, for a total period ot thirty days which may be comprised in one session or in two or more succes- sive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in malring any modification in the rule or both Houses agree that the rule should not have effect, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]