MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 26th March, 2013
G.S.R. 191(E).—In exercise of the powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following Order, namely:-
1. Short title and commencement.— (1) This Order may be called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013.
(2) It shall come into force on the date of its publication in the Official Gazette.
2. Definitions.— (1) In this Order, unless the context otherwise requires,
(a) “Act” means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) “Appendix” means the Appendix appended to. this Order;
(c) “Form” means a form annexed to this Order;
(d) “Schedule” means the Schedules annexed to this Order.
(2) Words and expressions used herein and not defined, but defined in the Act shall have the same meaning as defined in the Act.
3. Power to include Controlled Substance in Schedules.– The Central Government may, by notification in the Official Gazette, include any controlled substance in one or more Schedules.
4. Prohibition of manufacture, trade and commerce, possession and consumption of controlled substance in ‘Schedule-A’.-– (1) No person shall manufacture, distribute, sell, purchase, possess, store, or consume any controlled substance included in Schedule-A without a unique registration number in Form-A issued by the Zonal Director of Narcotics Control Bureau:
Provided that the requirement of registration under this clause shall be complied within a period of 180 days of the coming into force of this Order:
Provided further that the Government or autonomous institutions, Schools or Colleges or Universities recognised by the Government, registered Scientific Societies and Hospitals using any controlled substance in Schedule-A for educational, scientific and analytical purposes are exempted from the registration.
(2) Every application for registration under sub-clause (1) shall be made in Form-B to the Zonal Director of Narcotics Control Bureau having jurisdiction over the area.
(3) The Zonal Director of Narcotics Control Bureau shall issue a unique registration number in Form-A or deny the registration within thirty working days from the date of receipt of an application in Form-B.
(4) In case the registration number is not issued within the stipulated time period or denied, the Zonal Director of Narcotics Control Bureau or any other officer authorised by him in this regard shall inform the applicant the reasons thereof.
(5) Every person who has been registered under sub-clause (1) shall maintain daily accounts in Form-C or Form-D, as the case may be and the records of the daily accounts shall be preserved for a minimum period of five years from the date of last entry.
(6) Every person who has been registered under sub-clause (1) shall file quarterly return in Form-E or Form-F, as the case may be, to the concerned Zonal Director of the Narcotics Control Bureau having jurisdiction over the area.
(7) The return of every quarter shall be filed before the last day of the month following that quarter.
(8) Every person who has been registered under sub-clause (1) shall immediately report regarding any loss or disappearance of the controlled substance in Schedule-A to the concerned Zonal Director of Narcotics Control Bureau within whose area of jurisdiction such loss or disappearance occurred and a copy of the report shall also be endorsed to the Director General, Narcotics Control Bureau, New Delhi .
Explanation.] .- For the purpose of this clause, the area of jurisdiction of a Zonal Director of Narcotics Control Bureau shall be the area as specified in the Appendix.
Explanation.2.- For the purpose of this Clause, the expression “quarters” shall be January to March, April to June, July to September and October to December of every year.
5. Surrender of registration.- A holder of a registration number issued under sub-clause (1) of clause 4 may, if he so desires, surrender his registration by giving notice in writing to the issuing authority and obtaining acknowledgement therefor.
6. Disposal of stocks on surrender of registration.– The stocks of controlled substance in Schedule-A as may be in the possession of a holder of a registration number issued under sub-clause (1) of clause 4, on the surrender of his registration, shall be disposed of in such manner as may be specified by the issuing authority in this behalf.
7. Transport of controlled substance in Schedule-A.— (I) No consignment of controlled substance in Schedule-A shall be moved from one place to another place, within India, except when it is accompanied by a consignment Note in Form-G.
(2) The consignment Note shall be prepared in triplicate and the original and duplicate copies of the consignment Note shall be sent along with the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars of quantity received by him.
(3) In case of non-receipt of duplicate copy by the consignor, duly endorsed by the consignee acknowledging the receipt of the consignment of controlled substance, the consignor shall report loss or disappearance of the consignment in the manner provided in sub-clause (8) of clause 4 within forty-five days from the date of dispatch of the consignment.
(4) In the case of any consignment of controlled substance in Schedule-A is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment or premises of the importer or consumer, as the case may be, shall be accompanied by a Bill of Entry.
(5) The consignment Note or the Bill of Entry, as the case may be, shall be preserved for a minimum period of five years by the consignor and the consignee or importer, as the case may be.
(6) No transporter shall carry any consignment of controlled substance in Schedule-A without a consignment Note or Bill of Entry.
(7) The transporter shall produce the consignment Note or Bill of Entry, as the case may be, when required by an officer empowered under section 42 of the Act.
(8) (a) Whenever controlled substance in Schedule-A are transported by motorised tankers or otherwise by packages, all the inlets and outlets of such tankers or packages, as the case may be, shall be sealed with tamper-proof seals each of which shall have identifiable description and such seal shall be affixed at the premises of the consignor and removed at the premises of the consignee.
(b) The description of tamper-proof seal affixed on such tankers or packages shall be entered on the consignment Note or Bill of Entry of each consignment.
(c) No person shall use or possess any tamper-proof seal which has identifiable description on it identical to another tamper-proof seal.
(9) Whenever a consignment of controlled substance in Schedule-A is transported from the area which comes within the jurisdiction of a Zonal Director of the Narcotics Control Bureau to an area which comes within the jurisdiction of another Zonal Director of the Narcotics Control Bureau, the consignor shall send a quarterly report to the latter Zonal Director in Form-H.
Explanation.1.- For the purpose of this clause, the expression “Bill of Entry” shall have the same meaning as defined in the Customs Act, 1962 (52 of 1962).
Explanation.2.- For the purpose of this clause, the jurisdiction of a Zonal Director of Narcotics Control Bureau shall be the area as specified in the Appendix.
8. Selling of controlled substance in Schedule-A.– No person shall sell a controlled substance in Schedule-A to a buyer who does not possess a valid registration number issued under sub-clause (1) of clause 4:
Provided that a controlled substance may be sold to a buyer specified in second proviso to sub-clause (1) of clause 4 without a registration number.
9. Destruction of controlled substance in Schedule-A.– (1) Any person intending to destroy a controlled substance in Schedule-A shall apply in Form-I to the concerned Zonal Director of the Narcotics Control Bureau having jurisdiction over the area.
(2) The Zonal Director of the Narcotics Control Bureau shall, within a period of thirty days of the receipt of an application in Form-I, appoint a Committee-comprising a Gazetted Officer of the Narcotics Control Bureau, Superintendent of Central Excise of the concerned range and an authorised representative of the applicant for supervising the destruction of controlled substance in Schedule-A and any such destruction shall be carried out within a period of thirty days from the appointment of the Committee.
Explanation.- For the purpose of this clause, the jurisdiction of a Zonal Director of Narcotics Control Bureau shall be the area as specified in the Appendix.
10. Export of controlled substance in Schedule-B. – (1) No person shall export any controlled substance in Schedule-B except in accordance with the conditions of the No Objection Certificate issued by the Narcotics Commissioner.
(2) Anyone who intends to export a controlled substance in Schedule-B shall apply to the Narcotics Commissioner in Form-.1 for a No Objection Certificate.
(3) The Narcotics Commissioner shall issue or deny the No Objection Certificate within a period of twenty one working days from the date of receipt of application and in case the No Objection Certificate is not issued within the stipulated time period or denied, the Narcotics Commissioner or any other officer authorised by him in this regard shall inform the applicant the reasons thereof.
(4) The No Objection Certificate for export issued by Narcotics Commissioner shall be valid for a single consignment only.
(5) Every exporter shall submit the details and documents relating to the export, such as invoice, cargo manifests, customs, transport and shipping documents relating to the export of the controlled substance in Schedule-B which shall contain the details such as name of the controlled substance, quantity, name and address of the consignee, exporter and the importer, to the Narcotics Commissioner within a period of seven days of export.
11. Import of controlled substance in Schedule-C.– (1) No person shall import any controlled substance in Schedule-C except in accordance with the conditions of the No Objection Certificate issued by the Narcotics Commissioner.
(2) Anyone who intends to import a controlled substance included in Schedule-C shall apply to the Narcotics Commissioner in Form-K for a No Objection Certificate.
(3) The Narcotics Commissioner shall issue or deny the No Objection Certificate within twenty one working days from the date of receipt of application and in case the No Objection Certificate is not issued within the stipulated time period or denied, the Narcotics Commissioner or any other officer authorised by him in this regards shall inform the applicant the reasons thereof.
(4) The No Objection Certificate for import issued by the Narcotics Commissioner shall be valid for a single consignment only.
(5) Every importer shall submit the details and documents relating to the import, such as invoice, cargo manifests, customs, transport and shipping documents relating to the import of the controlled substance in Schedule-C which shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer, to the Narcotics Commissioner within a period of seven days of import.
12. Labeling of consignment for export or import.– (1) Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be labeled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the consignee if any.
(2) The documents relating to the import or export of the controlled substance such as invoice, cargo manifests, customs, transport and shipping documents shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer and the documents shall be preserved for a minimum period of five years.
13. Repeal and savings.- (1) The Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the order repealed by sub-clause (1) shall, in so far as it is not inconsistent with the provisions of this order, be deemed to have been done or taken under the corresponding provisions of this order.
