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Core Purpose

Notification by the Ministry of Finance (Department of Revenue) prescribing the general eligibility conditions for licensing opium poppy cultivation for production of un-lanced Poppy Straw for the 2024-25 Opium Crop Year under rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985.

Detailed Summary

The Ministry of Finance (Department of Revenue), by G.S.R. 677(E) dated 30 October 2024 (No. 03/2024-Narcotics Control-1), in pursuance of rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, notified the general conditions of eligibility for cultivators to continue or obtain licenses to cultivate opium poppy for production of Poppy Straw without lancing, for the Opium Crop Year running from 1 October 2024 to 30 September 2025. Eligibility criteria include prior-year (2023-24) average yields of un-lanced poppy straw of 675 kg per hectare or above, or morphine yields between 3.0 and 4.2 kg per hectare, or un-lanced poppy straw yields of 900 kg per hectare or more; cultivators who ploughed back their crop under Central Bureau of Narcotics supervision; cultivators acquitted of NDPS Act, 1985 offences with final orders as of 31 July 2024; and legal heirs of deceased eligible cultivators. Licensed cultivation area is capped at 0.10 hectare per cultivator in one plot, with a 5% condonable excess-cultivation limit. First-time eligible cultivators receive five-year licenses (through crop year 2028-29), subject to conditions including non-involvement in illicit activity and non-violation of departmental instructions from the Central Bureau of Narcotics/Narcotics Commissioner. An average yield of 800 kg per hectare of un-lanced poppy capsule with straw during 2024-25 is required for continued eligibility in 2025-26. Cultivator names will be published on the CBN website (cbn.nic.in) and CBN Online Portal (cbnonline.nic.in). The notification was signed by Ram Lakhan, Under Secretary, under file number N-14011/01/2024-NC-1.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-30102024-258374 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 619] NEW DELHI, WEDNESDAY, OCTOBER 30, 2024/KARTIKA 8, 1946 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 30th October, 2024 No. 03/2024-Narcotics Control-1 G.S.R. 677(E). — In pursuance of rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, the Central Government hereby notifies the general conditions for eligibility to continue cultivation for licensees and 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 Government during the Opium Crop Year Commencing on the 1st day of October, 2024 and ending with the 30th day of September, 2025. 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 cultivators (including their legal heirs) 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, on the basis of licenses issued to them, had cultivated opium poppy for production of Poppy Straw from which no juice is extracted through lancing during the crop year 2023-24 and have tendered an average yield of un-lanced poppy straw 675 kgs per Hectare or above at weighment center 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. Note:- Cultivators who have tendered an average yield of un-lanced poppy straw below 675 kgs per Hectare during crop year 2023-24 are suspended from opium poppy cultivation during crop year 2024-25. However, they will continue to hold licence for next crop year and will be eligible for cultivation subject to conditions imposed by policy of that year. (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 2023-24. (iii) Cultivators who have tendered unlanced poppy straw 900 kg per hectare or more during crop year 2023-24, if they do not opt for opium gum as per general licensing conditions for opium cultivation for production of opium gum for crop year 2024-25 and voluntarily want to continue cultivation of opium poppy for 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 2022-23 & 2023-24 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 2021-22. (v) Cultivators who were eligible for a license for the crop year 2023-24, but did not obtain a license for any reason, or who after having obtained a license, did not actually cultivate opium poppy due to any reason. (vi) Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2023-24. (vii) 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 since 1995-96 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 2024, subject to production of certified copy of judgment and declaration to this effect. (viii) Cultivator who is nominated by deceased eligible cultivator in column No. 11 in Form No. 1 (see rule 7) for the crop year 2023-24. (ix) 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. (x) Cultivators including their legal heirs who were ever licensed since crop year 1995-96 onwards but have not been issued licenses due to any reason. (xi) Cultivators including their legal heirs who were de-licensed since crop year 1995-96 till 1997-98 and tendered MQY more than 25 Kg/ Hect. 3. Conditions of License No cultivator shall be eligible for cultivation unless he/she satisfies that: (i) He/ she did not, in the course of actual cultivation, exceeded the area licensed for poppy cultivation during the crop year 2023-24 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 provided they have not been acquitted by the competent court of law latest by 31st July 2024. (iii) He/she did not, during the crop year 2023-24, violate any departmental instructions issued by the Central Bureau of Narcotics/ Narcotics Commissioner to the cultivators. 4. Maximum Area (i) All eligible cultivators under clause 2 above will be issued license of 0.10 Hectares each and in one plot only. This plot may be spread across more than one revenue Khasra numbers. (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) the cultivators who have become eligible to cultivate opium poppy for production of Poppy Straw from which no juice is extracted through lancing for the first time in this policy, licenses will be issued to them for five crop years, i.e. license issued to cultivators for crop year 2024-25 will remain effective till crop year 2028-29. (ii) License issued for five years will remain in force for the given period until the cultivator; a. is found involved in illicit activities, b. is charge sheeted under NDPS act, c. violated the departmental instructions related to opium poppy cultivation. d. voluntarily surrendered his/her license before the concerned District Opium Officer 6. Forewarning (i) Morphine content of Un-lanced Poppy Straw tendered during 2024-25 may become the basis for payment for the crop year 2024-25, 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 for license in the next crop year. (iii) An Average yield on 800 Kg per hectare of un-lanced poppy capsule alongwith straw should be achieved during the crop year 2024-25 to become eligible for a license to cultivate opium poppy in the following year i.e.2025-26. 7. Condonable Limit: If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation may be condoned. 8. Miscellaneous (i) The cultivators who are becoming eligible for issue of license under this year policy for opium poppy cultivation and are not holder of five year license, for production of Unlanced Poppy Straw during the Crop Year 2024-25 shall provide in the Application Form No. 1, the details of owner of the plot, survey number etc. of the plot in which they are intending to cultivate opium poppy crop as well as any other details as may be suitably and reasonably notified 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 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 straw to the government shall be made in accordance with the price per Kgs. of un-lanced poppy 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 Straw in their residence, provided that there is continuous human settlement between such villages. (vi) The name of eligible cultivators will be uploaded on CBN website(cbn.nic.in) and/or CBN online portal (cbnonline.nic.in) and may be communicated through other means like messages on given mobile number, mails etc. The cultivators listed in the eligibility list shall apply through online mode on CBN Online Portal for obtaining license within the stipulated timeline. (vii) Existing licensees shall not be required to submit paper for which information is already with CBN. Information will be provided in case of any change from previous year. (viii) If there is difference in any para of Hindi version of opium policy 2024-25 then English version of same shall be followed. [F. No. N-14011/01/2024-NC-1] RAM LAKHAN, Under Secy.

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