23rd November, 1956
No. E & T-2/7/56, – In exercise of the powers conferred by sections 5 and 13 of the Opium Act, 1878, and in supersession of all previous notifications issued under the said sections and in force in any area in the Province of [West Province] the Governor of [Western Pakistan] is pleased to make the following rules:
1. (i) These rules may be called the [West Pakistan] Opium Rules, 1956 ;
(ii) They shall extend to the whole of [West Pakistan] [except the district of Khairpur] ; and
(iii) They shall come into force with effect from the date of issue of this notification.
2. Unless there is anything repugnant in the subject or context
(a) “Pure Opium” means the spontaneously coagulated juice of capsules of the poppy plant which has not been submitted to any manipulation other than that necessary for packing and transport ;
(b) “Excise Opium” means the opium manufactured in an Opium Factory approved by the Provincial Government or the opium imported from outside the Province by or on behalf of the Government, or the opium approved by the Provincial Government to be excise opium;
(c) “Poppy-heads” means the capsules of the poppy plant whether the juice from them has been extracted or not.
(d) “Retail sale” means the sale ay any one transaction of excise opium in any quantity not exceeding two tolas and of poppy-heads in any quantity not exceeding one seer; [(e)“Wholesale” means the sale at any one transaction of opium or poppy-heads in any quantity exceeding the quantity fixed as retail sale ;
(ee) “Board of Revenue” means the Board of Revenue established under the [West Pakistan] Board of Revenue Act, 1957 * Throughout [rules the words “Boards of Revenue” have been subs. For word “commissioner” by Sind Notification No. 1/85/70-Excise/3008, published by Gazette of Sind, Part IV-A, dated 24-12-70.
(f) “Commissioner” means the Commissioner incharge of a revenue division, and includes any other officer empowered by the Government to exercise the powers of a Commissioner under these rules;
(g)‘Collector’ means the Director of Excise and Taxation, and includes any other officer empowered by Government to exercise the powers of a Collector under these rules.
“(f) ‘Commissioner’ means the Director-General, Excise and Taxation, Sind, and includes any other officer empowered by Government to exercise the powers of a Commissioner under these rules ;
(g)‘Collector’ means the Director or the Assistant Director of Excise and Taxation, as the case may be, having jurisdiction in the area concerned, and includes any other officer empowered by Government to exercise the powers of a Collector under these rules.”
Cl. (f) has been subs. By Notification No. 64/75/43/Ex-II-(P), published in Gazette of Punjab, Extraordinary, Part I, dated 4th March, 1977 as under :
“(f) “Commissioner” means the Director-General Excise and Taxation, Punjab of the Head of the Excise and Taxation Department for the time being.”
2. Throughout the rule for the words “Boards of Revenue” wherever occurring, the word “Commissioner” shall be substituted”. ]
(h) “Excise Officer” means an officer of the Excise Department not below the rank of a Sub-Inspector ;
(i) “District Excise Officer” means an Excise and Taxation Officer or Assistant Excise and Taxation Officer-in-charge of the district concerned for the time being;
(j) “Tola” means a weight of 180 grains Troy];
(k) “Seer” means a weight of 80 tolas:]
(l) “Import” means to import inter provincially as defined in clause
(j) of section 2 of the Dangerous Drugs Act, 1930;
(m) “Export” means to export inter-provincially as defined in clause
(k) of section 2 of the Dangerous Drug Act, 1930;
(n) Transport” means to take from one place to another in the province ;
(o) “Province” means the Province of West Pakistan.
(p) “Treasury” includes sub-treasury and any other place which may be declared by the Commissioner to be treasury for the purposes of these rules.
[(q) “Registered Addict” means a person addicted to opium whose name is registered in the register maintained under sub-rule (i) of rule 6.
(r) “District Excise and Taxation Inspector” means Excise and Taxation Inspector or
Excise and Taxation Sub-Inspector incharge of the District concerned for the time being.]
3. All transactions in pure and excise opium and poppy-heads on account of Government may be carried on without restrictions :
Provided that in the case of transit by post
(a) only the parcel post may be used;
(b) the parcel shall be accompanied by a declaration stating the name or designation of the consignee and consignor, the contents of the parcel in details and the indent number and date covering the transaction ;
(c) the consignee shall now distinctly in his account books, the name or designation of the consignor and the quantity of drugs sent to him from time to time by post.
4. Save as provided in rule 3 above, the import, export, or transaction of excise opium and poppy-heads into, from, or within the Province is permitted only by means other than that of the post.
B- POSSESSION OF OPIUM
5. Any officer of Government may, as such, posses pure and excise opium and poppy-heads and decoctions of poppy-heads which have come into possession in the course of his official duties:
Provided that he shall dispose of such opium and poppy-heads and decoctions of poppy-heads in such manner as may be directed by his superior officer or required by the orders made or instructions given by Government in that behalf.
6. Any person may without a licence at any one time have in his possession
(a) poppy-heads in any quantity not exceeding one seer;
(b) the decoction of Poppy-heads known as post in any quantity not exceeding half a seer;
(c) excise opium in any quantity not exceeding two tolas. Possession of any kind of opium other than excise opium in any quantity is prohibited under section 4 of the Opium Act, 1878, unless otherwise specifically provided under these rules.
Provided that the prohibition in respect of possession of Excise Opium shall not apply to a person who has duly been granted an Opium Ration Card
(d) An Opium Ration Card may be issued to a person if he
(i) has attained the age of 25 years on or before 1st July, 1978;
(ii) was addicted to opium-eating on the 1st July, 1978;
(iii) submits an application for registration of his name as an addict to the concerned District Excise and Taxation Inspector in person before 30th June, 1979.
Note.- No person shall be registered after the 30th of June, 1979 except with the permission of the District Excise Officer.
(e ) No application for registration shall be entertained unless it is accompanied by a certificate of the Medical Officer incharge of the Drug Abuse Advisory Centre, Quetta, or the District Medical Superintendent, Quetta, or the District Health, who shall, after examining medically an addict, also prescribe the maximum number of units per month for the maintenance of the health of the addict. In the medical certificate shall also be quoted the number of units of exercise opium recommended to be allowed per month to the addict.
(f) The application for the registration of an opium addict shall also bear his latest photograph of passport size and his signature or thumb-impression duly attested by the Excise and Taxation Inspector.
(g) The District Excise and Taxation Inspector receiving the application for the registration of an addict, if he is satisfied that the application is in order, shall issue an Opium Ration Card which shall expire in any case on the 30th of June every year unless received before the date of expiry.
(h) The Opium Ration Card shall also bear a latest photograph and the signature or thumb-impression of the addict duly attested by the Excise and Taxation Inspector.
(j) The District Excise and Taxation Inspector, issuing the Opium Ration Card, shall maintain a register wherein all the particulars of the addict shall be kept.
(k) The Opium Ration Card holder shall register his Card with the Opium Licensee as indicated by him in his application and shall obtain opium from that licensee only. If the registered addict wants to get his Ration Card transferred from one Opium Vend to another, he may apply for such transfer to the District Excise and Taxation Inspector who issued the card. On receipt of such a request, the District Excise and Taxation Inspector shall make the necessary changes in his register as well as in the Opium Ration Card and shall also inform the licensee and the District Excise and Taxation Inspector concerned.
(l) Every Opium Licensee shall be bound to keep enough copies of the application forms and the forms of Opium Ration Cards to meet the demand of the applicants and shall supply the same on demand at a cost to be fixed by the Collector.
(m) If Excise Opium is not available at the Vend at which the Opium Ration Card of an addict is registered, the addict may with the prior permission of the District Excise and Taxation Inspector obtain opium from the nearest Vend where opium may be available until opium again becomes available at the original opium Vend.
(n) All applications for renewal of Ration Cards shall be made during the month of June every year and shall be accompanied by a medical certificate. The Medical Officer while granting this certificate shall reduce the monthly quota of opium by 10% if the condition of the registered addict to warrants.
(o) The District Excise and Taxation Inspector may authorize a person other than registered addict to obtain opium on his/her behalf if the registered addict is blind, old, invalid Pardahnashin Lady or a man of high respectability. The name of the authorized agent shall be endorsed by the District Excise and Taxation Inspector on the Opium Ration Card giving full name. Parentage and the particulars of the Identity Card of the Agent who shall not be under 25 years of age in any case.
(p) For supply of excise opium to the addicts visiting Baluchistan from other parts of Pakistan or foreign countries during their stay in the __Province. Temporary Ration Card may be granted by the District Excise and Taxation Inspector provided the addict is eligible for the grant of an Opium Ration Card, Such Ration Card shall be clearly marked with the word “Temporary” and shall also show in red-ink the period of its validity after the expiry of which the Ration Card shall be treated as void. Upon expiry, the addict shall either have it renewed for a further period of his stay in the Province of surrender it to the District Excise and Taxation Inspector.
(q) In the event of the death of a registered addict it will be mandatory for his legal heirs to surrender the Opium Ration Card of the deceased at the nearest office of the District Excise and Taxation Inspector.
(r) If an Opium Ration Card is lost by a registered addict after issue, he shall file a report of loss at the nearest police station and submit the Taxation Inspector who had issued the Opium Ration Card. A duplicate copy of the Opium Ration Card shall then be issued to the registered addict.
(s) If an Opium Ration Card held by a registered addict is torn, mutilated or become illegible, he shall surrender the same to the District Excise and Taxation Inspector who had issued the Opium Ration Card alongwith an application. A duplicate copy thereof shall then be issued to the registered addict.
(t) Any units of opium remaining unpurchased during a month shall lapse and shall not be available after the end of the month.
(u) In addition to the penalty to which the Opium Ration Card-holder may be subject to under the Act or Rules made thereunder, an Opium Ration Card granted to a person under these Rules shall be liable to suspension or cancellation if___
(a) the opium obtained by a registered addict is used for the purposes other than his personal consumption by mouth, or
(b) if a registered addict fails without reasonable ground to be furnished to the District Excise and Taxation Inspector to draw his opium quita for more than a month.
(v) The powers of suspension or cancellation of an Opium Ration Card shall vest in the Collector
7. The Collector may, for special reasons to be recorded by him, grant to any person a special permit authorizing him, for a specified period to have in his possession a specified quantity of excise opium or poppy-heads in excess of the quantity shown in rule 6.
8. A licensed druggist may possess such quantities of excise opium and poppy-heads for the manufacture of medicinal opium as are specified in his licence under the Dangerous Drugs Act.
9. Subject to the conditions of his licence a person licensed to cultivate poppy may possess only poppy-heads which are the produce of his cultivation.
10. (i) Subject to the conditions of his licence a person licensed to sell poppy-heads who lease may possess on his licensed premises any quantity of poppy-heads which has been either_
(a) purchased by him or under his authority from a person licensed to sell poppy heads by wholesale in the Province; or
(b) purchased by him or under his authority from Government or Government Opium Alkaloid Factory, Lahore, or with the consent of the Collector from any other person;
(ii) Subject to the conditions of his license a person licensed to sell opium by retail may possess any quantity of excise opium and poppy-heads on the licensed premises, or on the way to the licensed premises from the treasury or other place of purchase as specified in these rules, provided that the opium purchased reaches the licensed premises within twenty-four hours of its purchase or within such other time as may be fixed and specified by the Collector or District Excise Officer concerned, and that the poppy-heads are__
(a) purchased by the retail license or under his authority from person licensed to sell poppy-heads, wholesale in the Province; or
(b) purchased by the retail licensee or under his authority from Government, or Government Opium Alkaloid Factory, Lahore, or with the consent of the Collector from any other person.
11. A person who has, in the manner hereinafter provided, obtained a pass for the import, export or transport of excise opium and poppy-heads may, subject to the conditions of such pass possess excise opium and poppy-heads in quantity not exceeding that specified in the pass.
C—TRANSPORT OF OPIUM
12. Pure and excise opium and poppy-heads may be transported by any Government officer acting in regard to such transport in the performance of his official duties.
13. Any person may transport excise opium or poppy-heads which he may possess without a license under rule 6,
14. A permit-holder or a druggist licensed under the Dangerous Drugs Act may transport excise opium and poppy-heads in quantity which he is permitted to possess under rules 7 and 8, respectively.
15. No package containing opium shall be opened during its transport.
16. Any person licensed to sell poppy-heads wholesale and licensed to sell opium by retail may, subject to the conditions of his licence, transport, poppy-heads from any place in the Province is each quantity as he may require for the purpose of such license or the business carried on thereunder:
Provided that such poppy-heads, shall not be transported from any placed within the limits or one district to any place within the limits or another district, otherwise than under a pass obtained in the manner hereinafter provided and subject to the terms and conditions of such pass.
17. The transport pass required by rule 16 above may granted by the Collector or the District Excise Officer of the district from which the transport is to be made, or the Manager, Opium Alkaloid Factory, Lahore, or by any other Excise Officer, who has been specially empowered by the Collector to grant such passes; provided that the applicant for the pass the district in which such transport is to be made, authorizing the grant of a pass for the purpose.
18. Ever transport pass and permit, granted under these rules, shall be in such from and shall contain such particulars as the [Board of Revenue] may from time to time prescribe.
19. Every transport pass granted under these rules shall be prepared in triplicate. One copy shall be delivered to the applicant, another copy shall be sent to the office to which the consignment is to be taken of examination and weighment on arrival at the district or tehsil of destination, and the remaining copy shall be placed on records in the office of issue.
20. Every permit authorizing an application for a transport pass shall be prepared in duplicate. One copy shall be delivered to the applicant and the other copy shall be placed on record in the office of issue.
21. The Collector or the District Excise Officer of any district through which a consignment of poppy-heads may be passing under cover of a transport pass, may on due cause being shown by the consignor, consignee or person in charge of the consignment, extend the period for which such transport pass is to remain in force, Every extension of time so granted shall be endorsed upon the pass by the Collector or the District Excise Office granting it, and every such endorsement shall be dated and signed by him.
22. The poppy-heads transport under cover of the transport pass shall, on arrival within the limits of a tehsil or district in which its place of destination is situate, be taken for examination and weighment direct to the office designated in the transport pass in that behalf.
23. On arrival at such office the consignee or person-in-charge of the consignment shall deliver up his copy of the transport pass and all poppy-heads in his possession to the Collector or District Excise Officer or any other Excise Officer authorized by either of them to examine and weigh the consignment.
E—IMPORT OF OPIUM
24. Any person may import in his personal possession the quantity of excise opium or poppy-heads he is permitted to possess without a licence under rule 6.
25. The import of pure and excise opium and poppy-heads is permitted by a Government servant acting in regard to such import in the performance of his official duties.
26. The import of opium by or on behalf of Government shall be regulated, by such instructions as may be issued by it from time to time.
27. The export of opium from the Province is prohibited except under the provisions of rules 28 and 29.
28. Opium may be exported by Government or on behalf of Government or by any Government officer acting in regard to such export in the performance of his official duties.
29. Opium may be exported under an import authorization granted in accordance with the rules in force in the Province and countersigned by the Commissioner.
30. Poppy-heads may by exported by or on behalf of Government, A person licensed to sell poppy-heads by wholesale may also be permitted to export poppy-heads under an import authorization granted in accordance with the rules in force in the province of import and countersigned by the Commissioner.
F—FURTHER GENERAL PROVISIONS REGULATING TRANSPORT, IMPORT AND
EXPORT OF POPPY-HEADS
31. Every consignment of poppy-heads to be transported, imported or exported under these rules shall be properly packed, and firmly secured and sealed so that it cannot be opened and its contents tampered with or extracted without breakage of or damage to the seals or packing material.
32. Every Collector and every Excise Officer is authorized to detain, so long as may be necessary for the inspection of the same and to inspect any consignment of poppy-heads, in transit through his jurisdiction and to call for the production of the pass under which such poppy-heads are being transferred, imported or exported.
33. If upon any inspection made under the powers conferred by rule3 1 above any excess or deficiency between the quantity of poppy-heads specified in the pass and actual quantity contained in any parcel or package to which the pass relates is found to exist, and the consignor, consignee or person in charge thereof cannot satisfactorily account Collector or District Excise Office of the district in which such inspection is made and pending the orders of such Collector or District Excise Officer the parcel of package in question shall be detained by the inspecting officer.
34. If, when any poppy-heads shall be weighed under the provisions of rule 23 or in the course of inspection made under the provisions of rules 32 and 33, a deficiency between the quantity specified in the pass and that contained in any parcel or package to which the pass relates is found to exit, such allowance on account of dryage shall be made in reduction of that deficiency as may from time to time be prescribed by the [Board of Revenue] in that behalf.
35. Save when other wise ordered by a collector in the case of any particular consignment or consignments, the transport, import or export of poppy heads exceeding two seers in weight by railway is permitted only in accordance with the following regulations:
(a) The consignment shall be covered by a transport, import or export pass (as the case may) issued in accordance with the provisions of these rules and under such subsidiary instructions as the 1 [Board of Revenue] may from time to time prescribe.
(b) Each package thereof shall, whether any person responsible therefore is traveling by rail along with the consignment or not, be handed over to the custody of the railway officials and by them be booked through from the railway station at which it is brought on to the railway, to the railway station at which it is to be taken off the railway.
36. Any consignment of poppy heads which is in course of transit by rail by which is not covered by a pass or has not been booked through as provided by rule 35 may be seized and detained by any railway, police or excise officer.
G—SALE OF OPIUM
37. Excise opium or poppy heads may be sold by any government officer on behalf of government in accordance with such directions as the 1 [Board of Revenue] may, from time to time issue in that behalf.
38. Poppy heads may be sold by a licensed cultivator in accordance with the conditions of his license.
39. (a) poppy heads may be sold by a person holding a license granted in accordance with these rules either for the wholesale vend of poppy heads or for the retail vend of opium ; and
(b) Excise opium may be sold by a person holding a license granted in accordance with these rules for the retail vend of opium.
40. Every license for the sale of poppy heads by wholesale (herein after called a wholesale license) shall be granted subject to the provisions of rules 42,44,45,46,47,48,5 1 to 69, and shall be in such form and shall be subject in addition to the conditions hereinafter prescribed, to such conditions not inconsistent with the provisions of Opium Act, 1878, and of these rules as the 1 [Board of Revenue] may from time to prescribe
(a) The license holder shall sell poppy heads only. He shall neither keep any stock of, nor sell, either mixed with poppy heads, which he is authorized to sell or separately any chloral hydrate, butyl-chloral-hydrate or para-alde-hyde.
(b) The license holder shall not sell poppy heads other than such as he has himself purchased in the Province from some person duly authorized under these rules to sell the same to him.
(c) The license holder shall not sell at one time poppy heads in less quantity than five seers.
(d) The license holder shall not sell poppy heads to any person other than a person licensed to sell poppy heads wholesale or retail in the Province or a person holding a permit under the rules:
Provided that in selling poppy heads to a druggist licensed under the Dangerous Drugs Act or a medical practitioner he shall sell the same only in such quantities as such licensed druggist or medical practitioner may be entitled to possess, provided that he licensee shall sell poppy heads at such rate as may, from time to time, be fixed by the [Board of Revenue] and endorsed on the license.
(e) the license holder shall not in an area not included in the Province hold directly or indirectly through an agent any license for the vend of spirit, fermented liquor or intoxicating drug as defined in Excise Act, for the time being in force in the Province, or of opium as defined in the Opium Act, 1878 for the time being in force in the Province, nor shall he act as the agent of any person holding such a license.
(f) The licensee shall keep correct daily account of sales of poppy heads in such form as the Commissioner may from time to time prescribe, and shall at the end of each month prepare and submit to the District Excise Officer a monthly abstract of his receipts and sales.
(g) The licensee shall keep the stock of poppy heads which he is entitled to possess under his license at the vend premises mentioned in his license and not elsewhere.
(h) The license holder shall at all times comply with each and all the provisions and requirements of the rules for the time being in force made under the Opium Act.
(i) The licensee shall, on demand by any authorized Excise Officer, produce his license and his sale accounts for inspection by such officer.
(j) The licensee shall have constantly fixed up at the entrance of his licensed premises a signboard bearing the following inscription in legible characters in vernacular
(1) Name of licensee.
(2) License for sale of poppy heads by wholesale.
(3) The wholesale rate poppy heads as fixed by Commissioner.
(k) The licensee shall not allow any person to conduct sales in his behalf unless the name of such person has been approved by the District Excise Officer and endorsed on the license.
(l) On the termination of the period for which license is granted or on the license being cancelled by the Collector the licensee shall forthwith surrender the license to the District Excise Officer.
41. Every license for the sale of opium by retail (hereinafter called a retail license) shall be granted subject to the provisions of rules 43, 44, 45, 46, 47, 48, 51 to 69 and shall be in such form and shall be subject, in addition to the conditions hereinafter following, to such conditions not inconsistent with the provisions of the Opium Act, 1878 and of these rules as the [Board of Revenue] may from time to time prescribe
(a) The license holder shall sell excise opium and poppy heads only. He shall neither keep any stock of, not sell either mixed with excise opium or poppy heads which he is authorized to sell, or separately, chloral-hydrate, butyl-choral-hydrate or para-alde-hyde.
(b) The license holder shall not sell excise opium or poppy heads other than such as he has himself purchased in the Province from some person duly authorized under these rules to sell the same to him.
(c) The license holder shall not sell to any one person at one time excise opium in greater quantity than two tolas or poppy heads in greater quantity than one seer at a time.
(d) The license holder shall not boil before sale for any purpose what ever any excise opium which he is permitted to sell under his license, and such excise opium must be sold in an unboiled state.
(e) The license holder shall not in an area not included in the Province hold directly or indirectly through an agent any license for the vend of spirit, fermented liquors or intoxicating drugs as defined in the Excise Act for the time being in force in the Province, or of opium as defined in the Opium Act, for the time being in force in the Province, nor shall he act as the agent of any person holding such license.
(f) The license holder shall keep correct daily accounts of sales of excise opium and poppy heads in such form as the 1 [Board of Revenue] may from time to time prescribe, and shall at the end of each month prepare and submit to the District Excise Officer a monthly abstract of his receipt and sales.
(g) The license holder shall not sell any poppy heads or excise opium to any person not legally entitled to possess the same.
(h) The licensee shall, for the purpose of selling excise opium and poppy heads under the license maintain a shop at the place stated in his license, and nowhere else; nor shall he sell excise opium and poppy heads under his license elsewhere than at such shop.
(i) The licensee shall keep the stock of excise opium or poppy heads or both, which he is entitled to possess under the license at the vend premises above described and not elsewhere and as long as he holds the license he shall keep at the shop above mentioned a supply of excise.
(j) The license shall sale excise opium and poppy –heads at such rate as may from time to time be fixed by the [Board of Revenue] and endorsed on the license. He license shall not open his shop for purposes of sale before such hour nor shall he keep it open after such hour in the day as the Commissioner may fix from time to time.
(k) The license shall not permit any excise opium or decoctions of poppy-heads to be consumed on the premises of his shop.
(l) The License shall not permit any excise opium or decoctions of poppy-heads to be consumed on the premises.
(m) The licensee shall not sell excise opium or poppy heads
(a) to any person who is a member of the armed forces of Pakistan when uniform, or when not in uniform, if the licensee knows, or has reason to believe that he is member of any such forces: or has reason to believe that he is member of any such forces: or
(b) to any person whom the license knows, or has reason to believe to be a follower of the forces mentioned in sub-rule(a);or
(c) to any person whom the license knows, or has reason to believe to be a policemen, excise officer, or railway servant on duty: or
(d) to any person in the custody or under the escort of police? or
(e) to any insane person or minor
Provided that the restrictions laid down in sub-rules (a) and (b) of the rule shall not apply to the sale made to such a member or a follower when he is absent or on leave from his regiment
(n) The licensee shall not receive any wearing apparel or other goods in barter for excise opium or poppy-heads
(o) The licensee shall not permit the resort to his shop of persons whom there is reason to believe to be habitual criminals: he shall prevent gaming and disorderly conduct therein, and he shall give information to the nearest Magistrate or police officer of the resort to his shop of any person suspected of having committed an offence or of habitually committing offences for which, under the Criminal Procedure Code, warrants would ordinarily issue.
(p) The Licensee shall have constantly fixed at the entrance of his shop a signboard bearing the following inscription in legible characters in vernacular: –
(1) Name of vendor.
(2) Licensed to retail excise opium and poppy-heads, and the retail rate of excise opium and poppy-heads to be charged by the licensee as set forth in the license.
(q) The license shall, on demand by any Excise & Taxation Officer, produce the license and his sale accounts, for inspection by such officer.
(r) Any inspection note book, with pages numbered consecutively shall be kept by the license. He shall hand it over to nay Excise & taxation Officer on a receipt being given, therefore. Any punishment or warning incurred by the license without forfeiture or cancellation of his license may be recorded in this book.
(s) The licensee shall comply with any rules made under the Opium Act, 1878 for the regulation of the transport, import, or sale of Excise Opium and poppy heads.
(t) The licensee shall not allow any person to conduct sales on his behalf unless the name of such person has been approved by the District Excise Officer and endorsed on the licensee.
(u). On the termination of the period for which the licensee is granted or on the licensee being cancelled by the Collector, the licensee shall forth –with surrender the licence to the District Excise Officer.
42. (1) Licences to sell poppy- heads whole sale in the Province may be granted but the Collector of the area in which the business under such licence is to be carried on.
(2) Whole sale license may be granted for a period of one year only, and every such licence shall determine on he expiry of the financial year in which licence is to be carried on.
(3) The fee for a wholesale licence shall be as the (Board of Revenue) may from time to time prescribe and shall be payable before the license is granted.
43. (1) Licences to sell opium by retail in the Province may be granted by the collector of the area in which the business under such license is to be carried on.
(2) Subject to the general or special orders of the Commissioner retail Licences may be granted in respect of such places in each district as the Collector shall determine.
(3) Retail licences may be granted for a period of one year or such shorter period as may be fixed by the Commissioner, from time to time and every such licence shall cease to operate and determine on the expiry of the period for which it was granted, provided that any such license shall not continue beyond the expiry of the financial year in which it was granted.
(4) For the purpose of fixing the fee payable for any retail licence, or fall or any of such Licences to be held within the limits of any one district, or part of a district the Collector may, according as he thinks fit, either direct that such retail licence or licence or Licences be disposed of on the basis of Opium determined to be admissible for each vend or be put up for sale by public auction or call for tender for such licence or grant such licence or licences in the manner prescribed by the Commissioner.
(5) The [Board of Revenue] may from use to time prescribe the conditions subject to which the divisions of any licence by fixing the fee on the bases of supplies of opium determined to be admissible shall be made or sale by auction or tender or grant in any other manner of any retail licence shall be conducted and the instilments in which and the time and place at which the fee for any such licence shall be paid.
(6) The Commissioner may from time to time prescribe conditions not inconsistent with these rules or the Opium Act, 1878, to regulate the following:
(a) persons to whom the licenses may not be granted:
(b) persons to whom the excise opium or poppy heads may not be sold;
(c) Persons who may not be employed by a licensee for assistance in his business, and
(d) Stock, storage and issue of excise opium and poppy heads.
H – GENERAL ORDERS AS TO LICENCES FOR THE SALE
44. It shall be in the discretion of the Collector to refuse to grant a licence under these rules to any person until such person shall have given a bond for the due performance of the conditions subject to which it is proposed that such license shall be granted, and binding himself in the event of his committing a breach of any of such conditions or causing or permitting any such breach to be committed, or in the event of his abandoning the business connected with such licence before the expiry of the term for which such license may be granted, to pay such compensation, not exceeding the amount named in the bond, as the Collector may fix.
45. The payment of compensation under rule 44 shall not operate as a bar to or otherwise affect, any other proceedings which may law fully be taken against the licensee in respect of the infringement of the conditions of his license.
46. If any person who has held a license to sell excise opium and poppy heads shall have in his possession, on the expiration or determination for any other cause of his license, any excise opium or poppy heads which he is authorized under the conditions of this license to sell, but is unable forthwith to dispose of by private sale in accordance with the provisions of these orders to other persons holding licences to sell excise opium and poppy heads he shall at once surrender the same to the Collector. The Collector shall make over such excise opium and poppy heads in any quantity not exceeding that which the transferee is likely to sell within two months to the incoming licensed vendor who is taking the place of the licensed vendor who surrendered the excise opium and poppy heads to the Collector or otherwise to any licensed vendor within the district:
Provided that if any such excise opium or poppy heads or any part thereof be declared by the District Health Officer or other duly qualified officer to be unfit for use, the Collector shall cause the same to be destroyed.
47. The licensee on first taking up business under his license shall be bound to take over in such quantity, not exceeding that which he is likely to sell in two months and at such rates of purchases as the Collector may direct, any surplus stock remaining unsold with any licensed vendor whose licence has expired or has been withdrawn. In the event of the said licensed vendor refusing or failing to pay such price, the Collector may forthwith cancel his licence.
48. The Collector shall tender the price so paid to the outgoing licensed vendor by whom the excise opium or poppy heads were surrendered and such licensed vendor shall not be entitled to any price, payment or compensation whatsoever in respect of excise opium or poppy heads surrendered under rule 46 other than the sum so tendered.
I – GENERAL PROVISIONS APPLICABLE TO ALL LICENCES,
ETC., UNDER THESE RULES
49. Any officer empowered under any of these rules to grant a license, pass or permit thereunder may, in his discretion, either grant the licence, pass or permit (as the case may be) applied for, or by, order in writing refuse to grant such license, pass or permit.
50. A person whose application for any license, pass or permit has been refused shall not be entitled to be informed of the reason upon which such refusal is based.
51. Every license shall be granted to a certain licensee in respect of certain premises.
52. A license may only be granted to
(a) an individual ;
(b) a body incorporated under the Pakistan Companies Act, 1913;
(c) a society registered under the Cooperative Societies Act, II of 1912;
(d) a partnership or firm.
53. A license may be transferred by the authority competent to grant it for the remainder of its currency to a new license
54. When a license is granted to a company or society referred to above it must show the name of an individual as agent acting on behalf of the licensee who is amenable in full to the criminal Courts in Pakistan. On the application of the company or society, [* * *] the representative licensee may be changed by the authority competent to grant the licence.
55. When a licence is granted to a partnership or firm not incorporated under any Act, all the individuals comprising the partnership or firm should be specified on the license.
56. On the application in writing of all the partners, 2[* * *] a partner may at any time be added by the authority competent to grant the license, provided that he is other wise eligible, in which case he shall be responsible for all obligations incurred or to be incurred under the license during the period of its currency as if it had originally been granted in his name.
57. On the application in writing of all the partners, a partner may at any time be removed by the authority competent to grant the licence.
58. A license granted to a partnership is determined by the dissolution of the partnership, subject to the liability of the partners jointly and severally, for any loss caused to Government thereby and for the performance of all obligations to Government incurred by the partnership.
59. If any of the several holders of any license, pass, or permit dies before or during the period of the currency of his license, such license shall pass to the survivors, and if there be but one licensee, it shall forthwith determine: provided that the Collector may in his discretion continue any such license in force in favour of the legal representative of the deceased license holder
60. Any licence, permit or pass granted under these rules may at any time be forthwith revoked cancelled or suspended by the Collector –
(a) if it is transferred of sub let by the holder thereof without the permission of the Collector ; and
(b) if any duty or fee or installment of duty or fee payable by the holder thereof be not duly paid ; or
(c) in the event of a breach by the holder thereof or by his servants or any one acting with his express or implied permission of any of the terms or conditions of his license, pass, or permit or any rule from time to time in force under or any provisions of the Opium Act, 1878, or
(d) if the holder thereof is convicted of any offence punishable under this Act or
(e) any other law for the time being in force relating to revenue or of any cognizable and non-bailable offence or any offence punishable under the Dangerous Drugs Act or under the Merchandise Marks Act, 1889, or of any offence punishable under sections 482 to 489 (both inclusive) of the Pakistan Penal Code; or
(f) if the license-holder become physically or mentally or other wise incapable for any period exceeding one month of personally carrying on his business under his license : or
(g) if the license-holder be declared insolvent; or
(h) if any other license held under these rules in the province is cancelled for any of the reasons above-mentioned, or if any license held by him in the province under the Excise Act is cancelled ; or
(i) if the licensee fails to fulfill the requirements of rules 47 of there rules ; or
(j) If the holder thereof is reasonable suspected of committing or conniving at the commission of an offence under [the Dangerous Drugs Act, 1930. or the West Pakistan Prohibition of Opium Smoking Ordinance, 1960, or any other excise law for the time being in force] ;
(k) if an employee or agent of the holder thereof has within the scope of his employment or agency, been guilty of the commission or connivance at the commission of an offence under [ the Opium Act, 1878, or the Dangerous Drugs Act, 1930 or the West Pakistan Prohibition being in force] and the said holder of license, permit or pass has failed connivance at the offence.
61. When any license has been cancelled under rule 60 the collector may renew it for the remainder of the period on the tender or such additional license fee as he may see fit to accept.
62. In the case of cancellation or suspension of a license, pas or permit under rule 60 the fee payable for the balance or the period for which any license would have been current but of such cancellation or suspension shall remain recoverable form the ex-license.
63. If the holder of a license, pass, or permit under these rules makes default in complying with any condition imposed upon him by such license the collector may take the grant under management at the risk of the person who has so defaulted or ma re-shell it and any deficiency in price any all expenses of such re-sale shall be recoverable form the ex-licensee.
64. In the case of cancellation or suspension of a license, pass, or permit under rules 60 the licensee shall be entitled to demand, recover, or receive any payment or compensation whatsoever or any refund of deposit, duty , or fee or installment of duty or fee, already paid by him or any remission of any sum due form him to Government, in respect of the cancellation or suspension of such license.
65. The Collector may withdraw a license, pass, or permit for any cause not given in rule 60, provided that he shall remit a sum equal
1. Subsequently amended by Gazette of West Pakistan, Part I, 8th Aug. 1961.
To the amount of the fee for fifteen days., and shall either five fifteen days pervious notice of his intention to cancel the license, or shall, in addition to remitting the sum aforesaid, make such compensation of default of notice as the Commissioner may direct. When a license, permit, or pas is withdrawn under the rule any fee paid in advance or deposit made by the license in respect thereof shall be refunded to him after deduction the amount (if any) to Government,
66. The cancellation, suspension or other determination of any license, pass or permit granted to any person under any power conferred by these rules shall not operate as a bar to , or otherwise in any way affect any proceedings which may lawfully be taken against such person in respect of anything done, under, or arising out of or connected with any thing done under such license, pass or permit, nor shall such revocation, cancellation, or other determination relieve such person of any liability or penalty incurred by him under any provision of Opium Act, 1878, or other law for the time being in force regulating the possession, transport, import and export of opium or any of there matters or the rules made under that Act or such law.
67. (1) No license, permit, or pass granted under the Act shall be deemed to be invalid by reason merely of any technical defect, irregularity or omission in the license or in any proceeding taken prior to the grant thereof.
(2) The decision of the Commissioner as to what is a technical defect, irregularity, or omission shall be final.
68. No person to whom a license, permit or pass may have been granted shall be entitled to claim any renewal thereof and no claim shall lie for damages or otherwise in consequence of any refusal to renew a license, permit or pas on the expiry of the period for which it remains in force.
69. In any case in which a license held by more than one person may be cancelled under these rules the Collector may instead of canceling the license remove the name of any one of the licensees.
J- APPEAL AND REVISION
70. An appeal shall lie form an original or appellate order or an Excise Officer as follows,
(a) to the Collector when the order is made by an Excise Officer below the rank of Collector ;
(b) to the Commissioner when the order is made by a Collector :
(1) When an original order is confirmed on first appeal, a further appeal shall not lie ;
(2) When any such order is modified or reversed by the Collector on appeal, the order mode by the Commissioner on further appeal, If any , shall be final.
71. Every memorandum of appeal must be presented within thirty days(one month) form the
date o f the order appealed against.
72 .very memorandum of appeal shall be accompanied by the order appealed against, in original, or by an authenticated copy of such order unless the commission to produce such order or copy is explained to the satisfaction of the appellate authority. The time spent in obtaining an authenticated copy of such order, shall be excluded form the period of limitation prescribed under rule 71 above.
73. (1) A Commissioner or a Collector may review and on so reviewing modify, reverse, or confirm an y order passed by himself or any of his predecessor in officer under these rules, provided that.
(a) an application for review of an order shall not be entertained unless it is made within thirty days form the passing of the orders, or unless the applicant satisfies the officer that he had sufficient cause for not making the application within that period;
(b) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order :
Provided also that no license, pass, or permit shall be cancelled by way of review of the order granting it.
(2)An appeal shall not lie form an order refusing review or confirming on review a previous order.
74. A Commissioner or a Collector may call for the record of any case under these rules pending before or disposed of by any officer subordinate to him and pass such order in conformity with these rules as he thinks fit. An order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and to be heard in support of the order.
K- DISPOSAL OF THINGS CONFISCATED
75. The opium ordered to be confiscated by the magistrate under the Opium Act, 1878, or by an officer authorized under paragraph 3 of section 12 of the said Act, shall be deposited in the local Malkhana under the District Magistrate. The District Excise Officer concerned shall arrange to collect it and forward it to the Government Opium Factory in accordance with the instruction issued by the Commissioner from time to time.
76. All property other than opium which is confiscated under the opium Act shall be sold under the orders of the Collector.
L—RE WARD S
77. (1) Subject to the provisions of these rules, following authorities may grant rewards up to the limit shown against each:
(2). Any reward payable to an informer may be disbursed with the approval of granting authority without requiring the attendance of the actual payee or a receipt from him.
(3). Subject to the order of Government, if any, the [Board of Revenue], may give directions to his specify the procedure of the grant disbursement accounts and verification of the rewards and issued other instruction in necessary for regulating for the grant of rewards and guiding the granting authorities.
78. Subject to provision of the Opium Act of the 1878, and of this rules to commissioner shall be competent to prescribe the form of every license permit, pass, register or document under this rule and may direct as so what particulars any of them shall contain, by whom it shall be granted, what fee shall be paid for it and for what period and subject to what condition it shall be issued.
WEST PAKISTAN OPIUM RULES, 1956
(observation of Rules for the grant of auctioned Retail Opium Licences)
No.2675-Ex., 19th December, 1956 (Gazette, 4the January, 1957). –
In exercise of the powers conferred by sub-rule (5) of Rule 43 of the West Pakistan Opium Rules notified in West Pakistan Notification No. E & T-2/7-56, dated 23rd November, 1956, and all other powers enabling him in this behalf and in supersession of all precious notification issued in this behalf in any area in the Province of West Pakistan excepting Khairpur District, the Commissioner directs the following rules shall be observed for the grant by auction of retail opium licences:
1. The Collector shall, for each shop to be auctioned, make an estimate of its probable sales during the period for which it is to be auctioned and upon such estimate he shall determine the lowest licence fee at which each shop may reasonably be licensed. The value of the shop should be communicated to the Selling Officer, but may not be disclosed to the bidders. If the collector proposes to close any existing shop he shall submit his proposal well in advance for the orders of the Commissioner,
2. Auctions shall be held by the Collector or by gazetted officer selected and empowered in this behalf by the Collector. The Commissioner will fix the date of the auctions.
3. The Collector shall give timely notice of the date and place of the auction. The notice will also specify___
(a) the conditions to which the auction will be subject ;
(b) the number and situation of the shops to be licensed for the sale of opium ;
(c) the price, if any, fixed for the retail vend of opium ;
(d) the occasions, if any, on which the shops will be closed ;
(e) the maximum supplies of opium to be allowed and the restrictions and the reductions to which they are subject ; and
(f) any other information which may be of use to intending bidders.
4. Before the auction begins the Presiding Officer will read out the notice prescribed by the preceding rule.
5. He will then proceed to put up each shop to auction after fully explaining its locality. The auction of two or more shops at one time requires the sanction of the Commissioner in each case.
6. No person shall be allowed to bid for another person, whether his partner or not, unless he holds a duly executed power-of-attorney enabling him in this behalf.
7. No person shall be allowed to bid unless he has deposited the sum of Rs. 25 in a Government Treasury, or deposits that sum at the time of the auction Presiding Officer.
8. No person shall be allowed to bid whose name is on the list of persons debarred from holding excise licences in the Province.
9. The Collector may further exclude from the bidding any person on account of his notorious bad character or for any other sufficient reasons to be recorded in writing.
10. The Presiding Officer shall, refuse to accept any bid by an excluded person or any bid which he has reason to believe is made in the interest of any excluded person.
11. The Presiding officer may refuse any bid which he considers to be merely speculative or dictated by private enmity.
12. The Presiding Officer may refuse to accept a bid from partnership or firm when he has reason to believe that partnership or firm has been set up only for the purpose of holding particular licence or particular licences.
13. The Presiding Officer shall record the name of each person making a bid and the amount of the bid
14. Where the bidding exceeds Rs. 100 no bid shall be accepted unless it is a multiple of Rs. 10
15. Bids shall be received for the whole licence fee, and not for the monthly installments in which it may be payable. The Presiding Officer shall not be bound to accept the highest or any bid. When the highest bid is refused, the Presiding Officer shall record in writing his reasons for accepting another bid.
16. If the Presiding Officer is of opinion that the bidding is excessively high, he may announce that if any higher bids are made, he will demand an immediate deposit of the whole amount bid. If such an announcement has been made, all subsequent bids shall be deemed to have been made subject to the condition that the whole fee bid shall be immediately deposited.
17. All bids accepted by an officer subordinate to the Collector require the Collector’s sanction. All sales are open to revision by the Commissioner.
18. If the Collector refuses to sanction a sale or if a sale is set aside by the Commissioner on revision , the collector may resell the licence by auction or by tender.
19. If the lowest licence fee mentioned in rule 1 of these Rules is not bid for any shop, the Collector may in his discretion accept a lower bid provisionally, but in forwarding the result of the auction to the Commissioner under rule 21 of these Rules he shall call special attention to the case of any shop or shops for which he has provisionally accepted a lower bid, and shall state in regard to each such shop whether he recommends that the shop may be___
(a) closed either permanently or until a person willing to take it up at the reserved price shall come forward ; or;
(b) carried on by a vendor who will work it for a commission on sales ; or
(c) re-sold at another auction ; or
(d) sold for the lower bid provisionally accepted.
In forwarding his comments to the Commissioner under rule 21 of these rules the Collector shall record his opinion in regard to each such shop as to which of the above alternatives should be adopted.
20. At the conclusion of every auction the Collector or the officer conducting the auctions shall refund to all persons who have not obtained licences, all deposits made by them.
21. The Collector shall forward to the Commissioner a statement showing the locality of each shop sold, the probable sales during the period for which it is sold, the lowest fee determined under rule I of these Rules, the name of the persons to whom the shop has been sold, the amount for the preceding year, and in any case in which the shop has not been sold for the highest bid, a short statement of the reasons for rejecting it. If no intimation to the contrary is received in three weeks, or by the date the shop sold is to start functioning, which ever period is earlier, the Collector may assume that the Commissioner has accepted his proposals.
22. A person to whom a shop has been sold shall pay one-sixth of the licence fee within 7 days of the auction (any deposit already made shall be credited to this sum and any excess shall be either returned to him or credited to future payments). By the 7th of the month in which he begins his business under his licence and by the 7th of every subsequent month, the licensees shall pay the balance of the fee in subsequent month, the licencess shall pay the balance of the fee in equal monthly installments till the whole fee is paid. The Collector for good and sufficient reasons to be recorded in writing may recover the balance of the fee at any time. The licensee may at any time pay the whole amount due if he so wishes. If the total amount due is less than rupees one hundred, it shall be payable in one sum unless the Collector for special reasons allows payment to be made by installments. If any person whose bid has been accepted by the officer presiding at the auction fails to make deposit of one-sixth of the fee, or if he refuses to accept the licence, the Collector may resell the licence, either by public auction or by tender or by private contract, and any deficiency in price and all expenses for such re-sale or attempted re-sale shall be recoverable from the defaulting bidder in the manner laid down in section 23 of the Opium Act, 1878.
23. (a) When a licence has been cancelled, the Collector may re-sell it by public auction or by tender by private contract and any deficiency in price and all expenses of such re-sale or attempted re-sale shall be recoverable from the defaulting licensee in the manner laid down in section 23 of the Opium Act. The licence shall be disposed of for a fixed sum.
(b) The Collector shall communicate the result of such re-sale in the same manner as the ordinary auction results.
(c) If the amount realized from the original licensee including the initial deposit of one-sixth of the fee, and the amount bid by the incoming licensee, together are less than the amount previously bid by the original licensee, together with the expenses, if any of re-sale, the deficiency must be recovered from the original licensee. If these amounts together are more than the amount previously bid, no refund shall be made to the original license.
24. The above rules shall apply as far as may be to the sale or re-sale of any retail licence by tender or in any other manner.
25. [“All payments under the Opium Act, 1878, shall be made into the Government Treasury by tendering treasury challan forms in triplicate. On of the three copies of the challan shall be sent by the Treasury Officer to the District Excise Officer for record in his office.”]
The word “Punjab” subs. By Notification No. S. O. (Excise) xv-4/76 on 29-7-1977
The words “except the district of Khairpur” deleted by ibid. Punjab Amendment:
Cl. (e) omitted by Punjab Notification No. 64/75-43-Ex-II (p) published in Gazette of Punjab, Ext., Pat I, dated 4-3-77.
Cl. (ee) omitted by Sind Notification No. 1/85/70-Excise/3008, published in Gazette of Sind, Part IV-A, dated 24-12-70.
Ins. by Gazette of West Pakistan, Part I, 26th July, 1963.
Subs. By Gazette of West Pakistan, Part I, 26th July, 1963
Amended by No. 1/85/70-Ex/3008, published in Gazette of Sind Part IV-A, dated 24th December, 1970.
After the word “Troy” in rule 2 (j) the words “or 11.664 grams” added by Punjab Notification No. S.O. (Excise) XV-4/76 published in Gazette of Punjab, Extraordinary, dated 29th June, 1977. After the word “tolas” the words “or 0.933 Kgs” added by ibid.
Cls. (q) and (r) added by Notification No. 926-151 -Exc./78, published in Gazette of Baluchistan, Extraordinary, dated 27-6-1978.
Proviso added ibid.
Sub-rules (d) to (v), added by Ibid.
Subs, by Gazette of West Pakistan, Part 1 26th July, 1963. For the words “Board of Revenue” word “Commissioner” has been substituted by Punjab Notification No. 64/75/43-Ex-II-(P), published in Gazette of Punjab, Extraordinary , part I, dated 4-3-77.
Subs by Gazette of West Pakistan, Part I, 26th July, 1963. The words “Board of Revenue” subs. By word “Commissioner” by Punjab Notification No. 14/75/43-Ex-I I (P), published in Gazette of Punjab, Extraordinary, Part I, dated 4-.3-77.
Subs. By Gazette of West Pakistan Part I, 26th, July 1963
Subs. By Gazette of West Pakistan, 1 8th August 1961.
Sub. by Gazette of West Pakistan, 26th July, 1963. For the words “Board of Revenue” the word “Commissioner” is subs. by Gazette of Punjab No. 64/75/43-Ex, on 4-3-77.
Sub-rule (c) of rule 41 has been sub. By Notification No. 926-151 -Ex/78, published in Extraordinary Gazette, dated 27-07-78 as under:
(c)The licensee shall not sell to any person other than the one holding an Opium Ration Card Excise Opium in greater quantity than 2-tolas of Poppy Heads in greater quantity than one seer at a time except to a person holding authorization under rule 7. Opium and poppy-heads for sale to the public. Subject to the above conditions of the license he shall sell excise opium and poppy-heads to any one offering to pay ready money for the same. . In rule 53 after the words “a new licensee” the words “on payment of a fee of rupees five hundred” have been added by Notification N0. 1/85/40-Excise 1058, published in Gazette of Sind, Extraordinary, dated 11-3-71
The words “and on payment of a fee of rupees five hundred” have been inserted by Sind Notification No.1/85-70-Excise/1058, published in Gazette of Sind, Extraordinary, dated 11th March,1 971.
Sub rule (1) of rule 77 has been subs. By Notification No. 64/75/73-Ex-II (P) published in Gazette of Punjab, Extraordinary Part I, dated 4th march, 1977 as under:
(1) Subject to the other provisions of these rules, the following authorities may grant rewards upto the amount shown against each-
Director, Excise and Taxation … Up to Rs. 500 in any one case
under the Opium Act,
Deputy Secretary to Government Of Punjab, Excise and Taxation Department.
Commissioner Upto Rs 500 in any one case under the Opium Act, 1878
Investigated by or Incharge of
the Excise Intelligence Bureau
Up to Rs.1000 in any case
(i) Collector … Up to Rs. 400 in any one case under the Opium Act, 1878.
(ii) [Sectary (Excise…… Any amount exceeding Rs. 400 in any
and Taxation) Board one case under the Opium Act, 1878.
Added by Gazette of Punjab, 2nd May 1952