Ministry of Finance notifies general conditions for grant of license for cultivation of opium poppy

Oct 03, 2019 | by Avantis RegTech Legal Research Team

Industry Specific Compliance

The Ministry of Finance on October 01, 2019, has issued a Notification to specify the general conditions for grant of license on account of the Central Government for cultivation of opium poppy during the Opium Crop Year Commencing on October 01, 2019 and ending with September 30, 2020. 

The followings are eligible for a license to cultivate opium poppy:-

• Cultivators who had cultivated opium poppy during the crop year 2018-19 and tendered an average yield of Morphine (MQY-M) not less than 4.5 kg per hectare.

• Cultivators who ploughed back their entire poppy crop cultivated during the crop year 2016-17, 2017-18 & 2018- 19 under the supervision of the Central Bureau of Narcotics, but had not similarly ploughed back their entire poppy crop during 2015-16.

• Cultivators whose appeal against refusal of license is allowed after the last date of settlement in the crop year 2018-19.

• Cultivators who cultivated opium poppy in the crop year 2016-17 or during any subsequent crop year and were eligible for a license in the following crop year, but did not voluntarily obtain a license for any reason, or who after having obtained a license for the following crop year, did not actually cultivate opium poppy due to any reason.

• Cultivators who is nominated by deceased eligible cultivator

• One of legal heirs of deceased eligible cultivators in the cases where nomination in Form No.1 is not made for any reason or not falling under definition of family members or blood relatives in Form No. 1 is made in any crop year.

The followings are the conditions of license:- 

No cultivator shall be granted license unless it is satisfied that:

• He/she in the course of actual cultivation, exceed the area licensed for poppy cultivation during the crop year 2018-19 beyond the 5% ‘Condonable Limit’ allowed in the licensing policy. 

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

• He/she did not during the crop year 2018-19 violate any departmental instructions issued by the Central Bureau of Narcotics or Narcotics Commissioner to the cultivators.

Other instructions:-

1. Any cultivator who cultivates opium poppy during 2019-20 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.

2. 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.

3. 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.

4. 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.

[Notification No. 02/2019-Narcotics Control-1]


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