Ministry of Finance 

11.10.2021

Narcotics

Central Government hereby notifies the general conditions for grant of license specified below for cultivation of opium poppy on account of the Central Government

MANU/REVU/0079/2021

In pursuance of rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, the Central Government hereby notifies the general conditions for grant of license specified below for cultivation of opium poppy on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October, 2021 and ending with the 30th day of September, 2022.

1. Place of Cultivation.--

Opium poppy cultivation may be licensed in any tract as may be notified in this behalf by the Central Government.

2. Eligibility for Cultivation.--

Subject to clauses 3 and 7 of this notification, the following shall be eligible for a license to cultivate opium poppy:

(i) Cultivators who had cultivated opium poppy during the crop year 2020-21 and tendered an average yield of Morphine (MQY-M) not less than 4.2 kg per hectare.

Note-Average qualifying yield of Morphine in opium tendered in kilograms per hectare will be termed as Minimum Qualifying Yield (MQY-M) in the notification hereinafter.

(ii) Cultivators who ploughed back their entire poppy crop cultivated during the crop year, 2018-19, 2019-20 & 2020-21 under the supervision of the Central Bureau of Narcotics in accordance with the provisions in this regard, but had not similarly ploughed back their entire poppy crop during 2017-18.

(iii) Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 202-21.

(iv) Cultivators who were eligible for a license for the crop year 2020-21, but did not voluntarily obtain a license for any reason, or who after having obtained a license, did not actually cultivate opium poppy due to any reason.

(v) Cultivator who is nominated by deceased eligible cultivator in column No. 11 in Form No. 1 (see rule 7) for the crop year 2020-21.

(vi) One of legal heirs of deceased eligible cultivators as determined by the District Opium Officer after following the due process, in the cases where nomination in Form No. 1 is not made for any reason or nomination of person not falling under definition of family members/blood relatives in Form No. 1 is made.

(vii) who were de-licensed on the ground of charge/charges in any competent court for any offence under NDPS Act, 1985 and the Rules made there under provided that they have been acquitted by the competent court of Law in said case/cases and such order/orders of acquittal has become final as on 31st July 2021, shall also be eligible for a license to cultivate opium poppy subject to fulfillment of other conditions, production of certified copy of judgment and declaration to this effect.

(viii) The cultivators who get their opium poppy crop ploughed back in excess of 50% of total of areas cultivated during the crop years 2018-19, 2019-20 and 2020-21 shall not be eligible for a license to cultivate opium poppy for crop year 2021-22.

2A. Subject to clauses 3 and 7 of this notification, the following shall be eligible for a license to cultivate opium poppy for production of Poppy Straw from which no juice is extracted through lancing:

(i) Cultivators (including their legal heirs) who have tendered an average yield of Morphine (MQY-M) 3.7 kg per hectare and above but less than 4.2 kg per hectare in crop year 2020-21.

(ii) Cultivators (including their legal heirs) who were de-licensed in the crop year 2019-20 and 2020-21 provided they have tendered opium having total average equal/equivalent to or more than 100 percent of an average yield of Morphine (MQY-M) 4.2 Kg per hectare for last five tendered years including the year of de licensing. In case of transfer of license to legal heir, average tendering by deceased cultivators would be taken into account for computation of total of averages of opium tendered.

3. Conditions of License.--

No cultivator shall be granted license unless he/she satisfies that:

i. He/She did not, in the course of actual cultivation, exceed the area licensed for poppy cultivation during the crop year 2020-21 beyond the 5% 'Condonable Limit' allowed in the licensing policy.

ii. He/she did not at any time resort to illicit cultivation of opium poppy and was not charged in any competent court for any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Rules made there under.

iii. He/she did not during the crop year 2002-21 violate any departmental instructions issued by the Central Bureau of Narcotics/Narcotics Commissioner to the cultivators.

Tags : Conditions Grant License

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