MANU/REVU/0093/2022

Ministry : Ministry of Finance

Department/Board : Revenue

Notification No. : GSR738(E)

Date of Notification : 28.09.2022

Date of Publication : 29.09.2022

Industry: Finance

Central Government notifies the general conditions for grant of license specified below for cultivation of opium poppy for obtaining opium gum

G.S.R.738(E).--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 for obtaining opium gum through lancing on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October, 2022 and ending with the 30th day of September, 2023.

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 for obtaining opium gum through lancing:

(i) Cultivators who had cultivated opium poppy during the crop year 2021-22 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, 2019-20, 2020-2 1 & 2021-22 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 2018-19.

(iii) Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2021-22.

(iv) Cultivators who were eligible for a license for the crop year 2021-22, but did not obtained/issued 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 2021-22.

(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.

Note: - Cultivators include their legal heirs also

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 2021-22 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 2021-22 violate any departmental instructions issued by the Central Bureau of Narcotics/ Narcotics Commissioner to the cultivators.

4. Maximum Area.--

i. All eligible cultivators will be issued license of 0.10 Hectare :

ii. Cultivators getting license can sow opium poppy in not more than two plots.

iii. Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire.

5. Forewarning.--

i. A minimum qualifying yield (MQY -M) of 5.9 Kg Morphine/ Hectare of Morphine in opium tendered should be achieved during the crop year 2022-23 to become eligible for a license to cultivate opium poppy in the following year i.e. 2023-24.

ii. Morphine content of opium tendered during 2022-23 may become the basis for payment for the crop year 2022-23, if the Government decides to do so in this regard.

iii. Cultivators who had fully ploughed back their entire poppy during crop year 2019-20, 2020-21 and 2021-22 would not be entitled for license in the crop year 2023-24, if they also plough back their crop fully in the crop year 2022-23.

iv. In future, if Government intends to grant additional licenses, it may consider re-licensing of de-licensed cultivators who had tendered opium/ Morphine having total average equal to or more than 108 percent of the total of MQY/ MQY-M (fixed for licensing in the next crop year) for last five consecutive tendered years.

6. Condonable Limit.--

If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation maybe condoned.

7. Miscellaneous.--

i. Any cultivator who cultivates opium poppy during 2022-23 in his own land or in the land leased from others shall provide details of owner of the plot, survey number and any other details as may be directed by the Narcotics Commissioner.

ii. These General Licensing conditions are without prejudice to the right of the Narcotics Commissioner/ Deputy Narcotics Commissioner to issue/ withhold a license whenever it is deemed proper so to do in accordance with the provisions of the Narcotic Drugs & Psychotropic Substances Act, 1985 and the Rules made thereunder.

iii. The license will be subject to the condition that any field may be taken over for any research that may be conducted by the Government directly or in collaboration with any specialized Institution or Agency. The cultivator whose field is selected for research shall be considered for license for the next year, if he has tendered the stipulated MQY and is otherwise eligible. The area taken over for research will not be taken into account while calculating the yield.

iv. The license shall be subject to the further condition that any field may be selected for obtaining poppy straw without extraction of opium. The cultivators whose fields are selected for such use shall be eligible for a license for the next crop year, if otherwise eligible.

v. For the purpose of making payment of opium tendered by the cultivator, the quantity of opium tendered by a farmer will be calculated at 70 consistency, on the basis of analysis by the Government Opium and Alkaloid Works, Neemuch or Ghazipur.

vi. In respect of cultivators having opium cultivation license in a particular village but are having residence in adjacent village, such cultivators may be allowed to store opium in their residence, provided that there is continuous human settlement between such villages.

vii. If there is difference in any para of Hindi version of opium policy 2022-23 then English version of same shall be followed.

[F. No. N-14011/3/2022-NC.I]
T.K. SATPATHY, Under Secy.