Ministry of Finance notifies Annual Licensing Policy for Cultivation of Opium Poppy for Production of Poppy Straw from which no Juice is Extracted [Read Notification]

The Department of Revenue, a division of the Ministry of Finance, has issued notification no. 03/2023-NARCOTICS CONTROL-I G.S.R. 667(E) dated September 13, 2023, outlining the conditions for obtaining a license to cultivate opium poppy for the production of poppy straw without extracting juice through lancing on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October, 2023 and ending with the 30th day of September, 2024.

Place of Cultivation

Opium poppy cultivation may be licensed in any tract as may be notified on this behalf by the Central Government.

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:

1. 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 debarred from cultivation of opium poppy on any of the ground mentioned in Para 5(ii) of this opium policy.

2. 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.

3. Cultivators who are eligible for license under opium poppy cultivation for obtaining opium gum after lancing, if they opt voluntarily to cultivate opium poppy for production of Poppy Straw from which no juice is extracted through lancing.

4. 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.

5. Cultivators who were eligible for a license for the crop 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.

6. 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.

7. Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2022-23.

8. One of the legal heirs of deceased cultivators, as determined by the District Opium Officer after following the due process, who were eligible for license since crop year 1999-2000 however could not obtain license due to dispute in deciding legal heir.

9. 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.

10. 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.

11. 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 the total of averages of opium tendered.

12. 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 actually cultivate opium poppy due to any reason or became ineligible by default due to Opium licensing policy/Instructions of the following year/years.

13. Cultivators who had cultivated opium poppy during 1998-99 to 2002-03 and tendered average yield of opium gum as indicated below:-

Note:- Cultivators include their legal Heirs also

Conditions of License

No cultivator shall be granted license unless he/she satisfies that:

1. 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.

2. 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.

3. He/she did not during the crop year 2022-23 violate any departmental instructions issued by the Central Bureau of Narcotics/ Narcotics Commissioner to the cultivators.

Maximum Area

1. All eligible cultivators will be issued a license of 0.10 Hectares each.
2. Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire.

Period of license

1. 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 is 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.

2. License will remain in force until cultivator
3. is found involved in illicit activities,
4. is charge sheeted under NDPS act,
5. violate the departmental instructions related to opium poppy cultivation.
6. voluntarily surrender license before CBN

Forewarning

1. 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.

2. 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.

3. 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.

Condonable Limit

If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation may be condoned.

Miscellaneous

1. Any cultivator who cultivates opium poppy during 2023-24 in his own land or in the land leased from others shall provide details of the owner of the plot, survey number and any other details as may be directed by the Narcotics Commissioner.

2. 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.

3. 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.
4. Payment to the cultivators who have tendered their produced un-lanced poppy capsule along with straw to the government shall be made in accordance with the price per Kgs. of un-lanced poppy capsule along with straw as determined by the Government of India.

5. In respect of cultivators having opium cultivation license in a particular village but 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.

6. If there is difference in any para of Hindi version of opium policy 2023-24 then English version of same shall be followed.

To Read the full text of the Order CLICK HERE

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