General licensing conditions for issuance of license for opium poppy for production of Poppy Straw from which no juice is extracted through lancing during the crop year 2023 2024

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 526] NEW DELHI , WEDNES DAY, SEPTEMBER 13, 2023/ BHADRA 22, 194 5 CG-DL-E-13092023-248688 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi the 13th September 2023 No 0 3/2023 -NARCOTICS CONTROL -I G.S.R. 667(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 production of Poppy Straw from which no juice is extracted through lancing on account of the Central Governm ent during the Opium Crop Year Commencing on the 1st day of October, 2023 and ending with the 30th day of September, 2024. 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 production of Poppy Straw from which no juice is extracted through lancing: i. Cultivators who had cultivated opium poppy for production of Poppy Straw from which no juice is extracted through lancing during the crop year 2022 -23 on the basis of licenses issued to them for five years, and tendered poppy straw at weighment centre and have not been de barred from cultivation of opium poppy on any of the ground mentioned in Para 5(ii) of this opium policy. ii. Cultivators who have tendered an average yield of Morphine (MQY -M) 3.0 kg per hectare and above but less than 4.2 kg per hectare from the opium poppy cultivated for obtaining opium gum through lancing in crop year 2022 -23. iii. Cultivators who are eligible for license under opium poppy cultivation for obtaining opium gum after lancing, if they opt voluntarily to cultivate opium poppy fo r production of Poppy Straw from which no juice is extracted through lancing. iv. Cultivators who ploughed back their entire poppy crop cultivated during the crop year 2021 -22 and 2022 -23 under the supervision of the Central Bureau of Narcotics in accordance with the provisions in this regard. v. Cultivators who were eligible for a license for the cro p year 2022 -23, but did not obtained/issued a license for any reason, or who after having obtained a license, did not actually cultivate opium poppy due to any reason. vi. Cultivators who were de -licensed during crop year 1999 -2000 to 2022 -23 on the grounds of tendering inferior opium but their morphine content was found more than 6% in the test results of the Government Opium Alkaloid Works at Neemuch or Ghazipur. vii. Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2022 -23. viii. One of the legal heirs of deceased cultivators, as determined by the District Opium Officer after following the due process, who were e ligible for license since crop year 1999 -2000 however could not obtain license due to dispute in deciding legal heir. ix. Cultivators 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 2023, subject to production of certified copy of judgment and declaration to this effect. x. Cultivator who is nominated by deceased eligible cultivator in column No. 11 in Form No. 1 (see rule 7) for the crop year 2022 -23. xi. Cultivators who were de -licensed in the crop year since 1998 -99 to crop year 2022 -23 provided they have tendered average opium/Morphine having total average equal/equivalent to or more than 100 percent the total of MQY (fixed for licensing in the next crop year) any of three highest yielding tendered years out of their last five tendering years including the last tendered year (immediately before 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. xii. Cultivators who were eligible for cultivation of opium poppy in any crop year since 1998 -1999 or found to be eligible as per relaxations announced after crop year, but did not voluntarily obtain a license for any reason, or who after having obtained a license, did not act ually cultivate opium poppy due to any reason or became ineligible by default due to Opium licensing policy/Instructions of the following year/years. xiii. Cultivators who had cultivated opium poppy during 1998 -99 to 2002 -03 and tendered average yield of o pium gum as indicated below: - Crop year Year of de -licensed on low MQY For M.P. and Rajasthan For U.P 1998 -1999 1999 -2000 More than or equal to 39 but less than 40 More than or equal to 39 but less than 40 1999 -2000 2000 -2001 More than or equal to 47 but less than 48 More than or equal to 39 but less than 40 2000 -2001 2001 -2002 More than or equal to 49 but less than 50 More than or equal to 41 but less than 42 2001 -2002 2002 -2003 More than or equal to 49 but less than 50 More than or equal to 42 but less than 43 2002 -2003 2003 -2004 More than or equal to 50 but less than 51 More than or equal to 44 but less than 45 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 2022 -23 beyond the 5% ‘Condonable Limit’ allowed in the licensing policy. ii. He/she did not at any time reso rt 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 2022 -23 violate an y 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 Hectares each. ii. Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire. 5. Period of license i. Except for the cultivators eligible under 2(i) of this policy License to cultivate opium poppy for production of Poppy Straw from which no juice i s extracted through lancing will be issued for five crop years from the issuance i.e. license issued to cultivators for crop year 2023 -24 will remain effective till crop year 2027 -28. ii. License will remain in force until cultivator a. is found involved in illicit activities, b. is charge sheeted under NDPS act, c. violate the departmental instructions related to opium poppy cultivation. d. voluntarily surrender license before CBN 6. Forewarning i. Morphine content of Un-lanced Poppy Straw tendered during 2023 -24 may become the basis for payment for the crop year 2023 -24, if the Government decides to do so in this regard. ii. Cultivators who fully ploughed back their entire poppy crop for consecutive three crop years would not be entitled f or license in the next crop year. iii. An average yield on 700 kg per hectare of un -lanced poppy capsule alongwith straw should be achieved during the crop year 2023 -24 to become eligible for a license to cultivate opium poppy in the following year i.e. 2024 -25. 7. Condonable Limit: If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation maybe condoned. 8. Miscellaneous i. Any cultivator who cultivates opium poppy during 2023 -24 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 th e condition that any field may be taken over for any research or for obtaining poppy straw 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 otherwise eligible. The area taken over for research will not be taken into account while calculating the yield. iv. Payment to the cultivators who have tendered their produced un -lanced poppy capsule al ongwith straw to the government shall be made in accordance with the price per Kgs. of un -lanced poppy capsule alongwith straw as determined by the Government of India. v. 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 Un -lanced Poppy capsule along with straw in their residence, provided that there is continuous human settlement between such villages. vi. If there is difference in any p ara of Hindi version of opium policy 2023 -24 then English version of same shall be followed. [F. No. N-14011 /1/2023 -NC-1] RAM LAKHAN , Under Secy . Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publicatio ns, Delhi -110054.