MANUAL

MANUAL

UNDER SECTION 4 (1) b (iii)

RIGHT TO INFORMATION ACT, 2005

Procedure followed in the decision making process, including channels of supervision and accountability.

1. Opium & Cultivation :

(i) Superintendence.

The superintendence of opium poppy cultivation is regulated under the NDPS Act, 1985 and NDPS Rules,1985. However, the procedure followed for decision making during the implementation of the relevant provisions of the Act and Rules and the channels followed are detailed below –

(ii) Licensing: The General Conditions for issuance of license regarding eligibility, minimum qualifying yield etc., are normally finalized by the Ministry in the month of October every year. The Licensing conditions, on receipt from the Ministry are forwarded by the Narcotics Commissioner to the Dy. Narcotics Commissioners in the field. Narcotics Commissioner also frames other instructions necessary for implementation of licensing conditions. On the basis of these conditions and instructions, the District Opium Officers issue licenses to the eligible cultivators.

In case of refusal of licence for opium poppy cultivation by the District Opium Officer, the cultivator may appeal to the Deputy Narcotics Commissioner within thirty days from the date of communication to him of such decision or order under Rule 28(1)(a) of NDPS Rules. If the decision or order regarding withholding or cancellation of licence for opium poppy cultivation is passed by the Deputy Narcotics Commissioner, appeal in such cases under Rule 28(1)(b) of NDPS Rules. shall lie to the Narcotics Commissioner.

A Lambardar, who is also a licensed cultivator, is also appointed for each and every cultivating village. All the cultivators eligible for poppy cultivation licence are issued a licence in Form No.1 prescribed under Rule 7 of NDPS Rules. The Joint License containing details of every licensee in his village is kept in custody of the Lambardar.

(iii) Measurement & Test Measurement: The licensed poppy fields are measured hundred percent by the Sub-Inspectors. The area measured in respect of each licensed cultivator is entered in the individual license as well as in the Joint License (Khasra) of the village which is kept with the Lambardar.

Test checks in measurement conducted by the proper officer are also conducted by officers above the rank of Sub-Inspector.

(iv) Uprooting of damaged crop: Instructions provide that crop which is damaged due to natural calamities can be uprooted partially or fully under departmental supervision by a Gazetted Officer, generally by the District Opium Officer/Superintendent, on receipt of an application for uprooting from the cultivator. A Panchnama of uprooting is also drawn in the presence of the concerned cultivator, Lambardar of the village and two independent witnesses. Uprooting of poppy crop is permitted only prior to commencement of lancing.

(v) Preliminary weighment: The Preliminary Weighment is designed to help the Administration in netting in the maximum opium harvested by the cultivators The cultivator shall during the course of harvesting, produce daily collection of his opium crop before the Lambardar for weighment. The weighment of such opium is conducted by the Lambardar and necessary entries are made in the Preliminary Weighment Register prescribed for the purpose. The entries made in such records are attested by the cultivator and Lambardar under their signature/thumb impression with date showing the quantity of opium as on a particular day. The check weighment of the opium collected by the cultivators is also conducted by the proper officer. with reference to the entries in the Preliminary Weighment Register maintained by the Lambardars.

(vi) Weighment: In the month of February/March, the opium capsules are ready for lancing or extraction of opium by incision of opium capsules. The latex that oozes out of the capsule is collected by the cultivators on daily basis. Thereafter, in the month of March/April, the Central Bureau of Narcotics sets up procurement centres for collection of opium i.e. known as Weighment Centres and this operation is known as Weighment.

The quality and consistency (classification) of opium tendered by the cultivator is determined at the Weighment Centers by Oven testing method by the Chemist deputed from Central Revenue Control Laboratories. Raw opium is a viscous material containing considerable moisture. Depending upon the moisture content, the opium tendered by the cultivators is classified under the category of Class I to V. The Class I opium is of consistence 70 to 72, Class II opium is of 67 to 69 consistence, class III, IV &V opium are of further lower consistence. The consistence indicates the solid portion and water contents available in the opium. Thus, 70ºC consistence means the opium having 70% solid contents and 30% moisture. After determination of the consistence, the opium tendered by the cultivator is weighed and 90% payment is made to the cultivators after converting the weight of opium tendered by the cultivator to 70ºC ( consistence) for maintaining uniformity. In addition to above, classification of opium under I to V classes, the opium is also classified under ‘Water Mixed’category, if the consistence of opium is found to be below 58ºC (consistence).

The opium tendered by the cultivators is also tested in the temporary laboratories established at the weighment centers to determine the class /consistency of opium through Oven Testing method and other tests. The results of these laboratories are subject to the final testing by the Government Opium and Alkaloid Factories Ghazipur/Neemuch. The opium found mixed with the foreign material or other adulterants at the weighment centers or suspected to contain adulterants by the District Opium Officer is classified under “Suspect” category. In respect of such “Suspect” opium, no payment is made to concerned cultivator at the time of procurement of opium in March/April and final payment is dependent on the final class/consistence and analysis report of the Government Opium Factories Ghazipur/Neemuch.

2. Enforcement: All action with regard to search, seizure, arrest, prosecution and forfeiture of property of drug trafficking are taken as per provisions of NDPS Act, and other instructions issued from time to time by the Narcotics Commissioner and / or the Central Government.

3. Issue of licence/renewal of licence for manufacture of narcotic drugs

Any person or entity desirous to manufacture any synthetic narcotic drugs shall apply to the Narcotics Commissioner in a prescribed manner and shall submit the following documents:-

(i) Application form in the prescribed format (Annexure “A”)

(ii) A fee of rupees fifty in form of a Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

(iii) Copy of licence granted under the rules framed under section 10 of the State Narcotic Drugs and Psychotropic Substances Act by the State Govt. of the State in which the Company have place of business, for the possession, sale, and distribution of the drugs.

(iv) List of approved technical person in the production and quality control.

(v) List of Directors.

(vi) List of Laboratory equipments.

(vii) Copy of site plants.

(viii) Original National Saving Certificate of Rs. 5000/- as Security Deposit.

(ix) Balance Sheet of Company for the last 3 years.

After receipt of the application in CBN Headquarter Office, the concerned Dealing Assistant scrutinizes the information mentioned in the application form and other submitted documents. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.

The Company’s / Applicant’s existence / genuineness is also verified through appropriate reference to Central Excise Authorities. Additionally, the recommendation of the Drugs Controller General of India (DCGI) is necessarily obtained before consideration for grant of the manufacturing licence for the manufacture of narcotic drugs. Other concerned statutory Agencies / authorities are also consulted as and when the need arises.

Further, it is also ensured that the total quantity of drug allowed to be manufactured during any year does not exceed the annual estimated requirements of India as furnished to the International Narcotics Control Board, Vienna, Austria

(i) This license is not transferable.

(ii) This license and any certificate of renewal in force shall be kept on the approved premises and shall be produced at the request of any officer detailed for the purpose by the Licensing Authority.

(iii) The licensee shall not manufacture or keep the drug or the materials used for manufacture of drug at any other place except his place of business.

(iv) The licensee shall ensure manufacture of the drug to the standard and specification laid down by or under the Drugs and Cosmetics Act,1940(23 of 1940).

(v) The licensee, if he desires for the renewal of his license, shall apply to the Licensing Authority in the form specified for such renewal, at least 30 days before the expiry of his license.

(vi) The licensee shall inform the Licensing Authority in writing in the event of any change in the constitution of the firm operating under the license. Where any change in the constitution of the firm takes place, the current license shall be deemed to be valid for the maximum period of three months from the date on which the change takes place or the normal expiry of the license whichever is earlier unless in the meantime, a fresh license has been taken from the Licensing Authority in the name of the firm with the changed constitution.

(vii) The licensee shall not manufacture the drug save from materials which he is lawfully entitled to possess.

(viii) The licensee shall submit monthly return intimating manufacturing and disposal details of narcotic drugs allowed for manufacturing. The licensee will also collect the details of the narcotic drugs sold to the formulators and submit quarterly and yearly return intimating the procurement & consumption details in the format prescribed by the Central Bureau of Narcotics, Gwalior. The licensee will also submit these statistical returns to the Central Bureau of Narcotics, Gwalior, Narcotics Control Bureau, New Delhi, Directorate General of Health Services, New Delhi and the Chief Controller of Factories, New Delhi.

As regards renewal of manufacturing licence, the manufacturers are required to apply to the Narcotics Commissioner at least 30 days before the expiry of his License along with following documents :-

(i) Renewal fee of Rs. 50/ - in favour of Drawing and Disbursing Officer, Central Bureau of Narcotics, Gwalior.

(ii) Renewed licence granted to the manufacturer under the Drugs and Cosmetics Act, 1940 (23 of 1940) for the manufacture of the drug.

(iii) Renewed licence granted to the manufacturer under the rules framed under Section 10 of the Act by the State Govt. of the state in which the manufacturer has place of business, for the possession, sale and distribution of the drug.

On the basis of the demand made by the manufacturers and keeping in view of their performance i.e. internal consumption and export of the drug, the manufacturing licenses are renewed for the suitable quantities within the estimates of that drug for the year.

4. Export Authorizations for export of Narcotic Drugs and Psychotropic Substances

Any Company/Applicant desirous of obtaining Export Authorisation shall apply to the Narcotics Commissioner in a prescribed manner submitting the following documents :-

(i) Application form (Annexure “B”) and the Background information in the prescribed format ( Annexure “C”) for export of Narcotic or Psychotropic Substances and their salts. (format can be had from CBN website www.cbn.nic.in)

(ii) Original Import Certificate issued by the Govt. of the importing country certifying the official approval of the concerned Govt.

(iii) Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

(iv) Copy of valid drug manufacturing licence possessed by the exporter (in case of manufacturer) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

(v) Copy of the purchase order placed by the foreign buyer for the proposed import.

(iv) Original Transport permit issued by the State Excise Authority (in case of Narcotic Drugs)

After receipt of the application in CBN Headquarter office, the concerned Dealing Assistant scrutinizes the information mentioned in the application form and other submitted documents. In case of any discrepancies or lack of information the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.

Further, it is also ensured that the annual estimated requirement in respect of a particular narcotic drugs and psychotropic substances (as published by INCB, Vienna, Austria) does not exceed the estimated requirement in respect of the importing country. (assessment by INCB). The genuineness of the transaction, veracity of the exporter and authenticity of the import certificate submit are verified before issuing export authorization. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises.

The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedures, grants permission for issuance of Export Authorisation. After the approval of Narcotics Commissioner, Export Authorisation is issued by the designated officer on behalf of the Narcotics Commissioner. Such export authorisations are allowed by Central Bureau of Narcotics subject to following conditions: -

a. The shipment should be made in one consignment within the time limit provided in the Export Authorisation.

b. The exporter is required to submit export details immediately after effecting export.

5. Import Certificate for Import of Narcotic Drugs and Psychotropic Substances

Any Company/Applicant desirous of obtaining Import Certificate shall apply in a prescribed manner submitting the following documents :-

(i) Application form (Annexure “D”) and the Background information in the prescribed format (Annexure “E”) for import of Narcotic or Psychotropic Substances and their salts. (format can be had from CBN website www.cbn.nic.in)

(ii) Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

(iii) Copy of valid drug manufacturing licence possessed by the imported.

(iv) Copy of Test Licence/Import Licence from Drug Controller General (India) for the proposed import.

(v) Copy of import-export contract with the overseas supplier.

(vi) Original Transport permit issued by the State Excise Authority (in case of Narcotic Drugs).

After receipt of the application, the information submitted is scrutinized . In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.

Further, it is also ensured that the annual estimated requirement in respect of a particular narcotic drugs and psychotropic substances ( as published by INCB, Vienna, Austria) does not exceed the estimated requirement in respect of India. (assessment by INCB). The genuineness of the transaction, veracity of the importer is verified before issuing import certificate. Other concerned statutory agencies / authorities or International bodies such as INCB are also consulted as and when the need arises.

The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of import Certificate. After the approval of Narcotics Commissioner, import Certificate is issued by the designated officer on behalf of the Narcotics Commissioner. Such import Certificates are allowed by Central Bureau of Narcotics subject to condition that the importers shall submit import details immediately after effecting import.

6. No Objection Certificate (NOC) for export of selected Precursor Chemicals

Any Company/Applicant desirous of obtaining NOC for export of selected precursor Chemicals is required to apply to the Narcotics Commissioner in a prescribed manner submitting the following documents :-

(i) Application form (Annexure “F”) and the Background information in the prescribed format (Annexure “G”) for export of notified precursor chemicals and their salts. (format can be had from CBN website www.cbn.nic.in)

(ii) Original Import Certificate issued by the Govt. of the importing country certifying the official approval of the concerned Govt.

(iii) Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

(iv) Copy of valid drug manufacturing licence possessed by the exporter (in case of manufacturer) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

(v) Copy of the purchase order placed by the foreign buyer for the proposed import.

After receipt of the application, the same is scrutinized. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.

The genuineness of the transaction, veracity of the exporter and authenticity of the import certificate submitted are verified before issuing NOC. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises. This office uses a system of Pre- Export Notification (PEN) to notify the Competent Authority (CA) of the importing and transhipping country of the impending export.

The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of NOC. After the approval of Narcotics Commissioner, NOC is issued by the designated officer on behalf of the Narcotics Commissioner. Such NOCs are allowed by Central Bureau of Narcotics subject to following conditions: -

a. The shipment should be made in one consignment within the time limit indicated in the NOC.

b. The exporter is required to submit export details immediately after effecting export.

7. No Objection Certificate (NOC) for import of select Precursor Chemicals

Any Company/Applicant desirous of obtaining NOC for import of these precursor Chemicals are required to apply to the Narcotics Commissioner in a prescribed manner submitting the following documents: -

(i) Application form (Annexure “H”) and the Background information in the prescribed format (Annexure “I”) for import of notified Precursor Chemicals and their salts. (format can be had from CBN website www.cbn.nic.in)

(ii) Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

(iii) Copy of valid drug manufacturing licence possessed by the importer in case of import of Ephedrine and its salt(s)/formulation or Pseudoephedrine and its salt(s)/ formulation.

(iv) Copy of Test Licence/Import Licence from Drug Controller General (India) for the proposed import by the importers who are traders of Ergometrine Maleate, Methyl Ergometrine Maleate and Ergotamine Tartarate or letter of recommendation from the state FDA for the import of Ergometrine Maleate, Methyl Ergometrine Maleate and Ergotamine Tartarate by the importers who imports for the manufacture of the formulations.

(v) Copy of import-export contract with the overseas supplier.

The genuineness of the transaction, and veracity of the importer are verified before issuing NOC. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises.

The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of NOC. After the approval of Narcotics Commissioner, NOC is issued by the designated officer on behalf of the Narcotics Commissioner. Such NOCs are allowed by Central Bureau of Narcotics subject to the condition that the importers shall submit import details immediately after effecting import.

8. Registration for import of Poppy Seeds

Any Company/Applicant desirous of importing poppy seeds shall apply to the Narcotics Commissioner in a prescribed manner submitting the following documents :-

(i) Application form (Annexure “J”) and the Background information (Annexure “K”) in the prescribed format.

(ii) Copy of Export-Import Contract

(iii) Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of

Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

Apart from the above documents, the following information / documents in respect of applicants approaching this office for the first time for registration are also required to be submitted :-

(i) Whether they have imported poppy seed earlier . If, yes mention the year, quantity and name of exporting country.

(ii) What is the annual turn-over of the firm ?

(iii) In which other item does the firm deal with ?

(iv) Income Tax Certificate for last three years with PAN.

(v) Name of the Jurisdictional Commissionerate of Central Excise under which the firm lies. In case registered with Central Excise, the copy of registration is required.

(vi) Full address of the company, factory and warehouse.

(vii) Registration/Import-Export Code No. issued by the DGFT.

(viii) Copy of Spices Board Registration.

The genuineness of the transaction, veracity of the importer/exporter and authenticity of the import contract submitted by the company/applicant are verified before registering the import contract. Other concerned Government agencies or Competent National Authorities of the exporting countries are also consulted prior to registering the import contract. The genuineness of the first time exporter is necessarily verified from the Competent Authority of the concerned exporting country.

The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for registration of import contract for import of poppy seeds. After the approval of Narcotics Commissioner, Registration is issued by the designated officer on behalf of the Narcotics Commissioner. Such Registrations are allowed by Central Bureau of Narcotics subject to the condition that the importers shall submit import details immediately after effecting import.

Additional requirement in respect of first time exporter/importer

Apart from the above documents, the following additional information in respect of companies approaching this office for the first time for grant of permission for export/import is also to be submitted along with the application.

(i) Complete postal address and telephone, fax no. of various factories of the company manufacturing Narcotic Drugs and Psychotropic Substances including Jurisdictional Central Excise division and Central Excise Commissionerate and Zonal office of Narcotics Control Bureau in respect of factories.

(ii) List of Narcotic drugs and Psychotropic Substances being manufactured by the company and details of manufacture of Narcotic drugs and Psychotropic Substances by your company in the last three calendar years (1st January to 31st December).

(iii) Details of export/import of Narcotic drugs and Psychotropic Substances by the company in the last three calendar years (1st January to 31st December).

(iv) Name, address, telephone Nos. and Fax No. of the Chairman, Managing Director and other Directors, proprietor/ partners, in charge of production and finance.

(v) Sales Tax Registration No., Central Excise Registration No. and Company’s PAN (Attested copies of these documents shall also be submitted.)

(vi) Name of concerned Jurisdictional Commissionerate of Customs and Central Excise.

(vii) Amount of Excise Duties paid by company since last three years.

(viii) Profile of the company.

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