Ministry of Finance notifies General Conditions for Granting License for Cultivation of Opium Poppy for obtaining Opium Gum [Read Notification]

The Ministry of Finance, through notification no. 02/2023-NARCOTICS CONTROL-I G.S.R. 666(E) dated September 13, 2023, has released the general conditions for the issuance of licenses to cultivate opium poppy to obtain opium gum during the crop year beginning on October 1, 2023, and concluding on September 30, 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 obtaining opium gum through lancing : Cultivators who had cultivated opium poppy during the crop year 2022-23 and tendered an average yield of Morphine (MQY-M) not less than 4.2 kg per hectare. Note- Average qualifying yield of Morphine in opium tendered in kilograms per hectare will be termed as Minimum Qualifying Yield (MQY-M) in the notification hereinafter. Cultivators who ploughed back their entire poppy crop cultivated during the crop year 2020-21, 2021- 22 & 2022-23 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 2019-20. Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 2022-23.Cultivators who were eligible for a license for the crop year 2022-23, but did not obtained/issued license for any reason, or who after having obtained a license, did not actually cultivate opium poppy due to any reason. 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. 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 a person not falling under definition of family members/blood relatives in Form No. 1 is made. Note:- Cultivators include their legal heirs also Conditions of License No cultivator shall be granted license unless he/she satisfies that: 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. 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. 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 All eligible tendered cultivators under clause 2 above will be issued license of 0.10 Hectare:Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire. Forewarning A minimum qualifying yield (MQY –M) of 5.9 Kg Morphine/ Hectare of Morphine in opium tendered 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. Morphine content of opium 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 Cultivators who had fully ploughed back their entire poppy during crop year 2020-21, 2021-22 and 2022-23 would not be entitled for license in the crop year 2024-25, if they also plough back their crop fully in the crop year 2023-24. Condonable Limit If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation may be condoned. Miscellaneous 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. 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. The license will be subject to the condition that any field may be taken over for any research 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 he has tendered the stipulated MQY and is otherwise eligible. The area taken over for research will not be taken into account while calculating the yield. The license shall be subject to the further condition that any field may be selected for obtaining poppy straw without extraction of opium. The cultivators whose fields are selected for such use shall be eligible for a license for the next crop year, if otherwise eligible. For the purpose of making payment of opium tendered by the cultivator, the quantity of opium tendered by a farmer will be calculated at 70° consistency, on the basis of analysis by the Government Opium and Alkaloid Works, Neemuch or Ghazipur. In respect of cultivators having an opium cultivation license in a particular village but having residence in an adjacent village, such cultivators may be allowed to store opium in their residence, provided that there is continuous human settlement between such villages. If there is difference in any para of Hindi version of opium policy 2023-24 then English version of same shall be followed. The ministry also vide notification No 04/2023-NARCOTICS CONTROL-I G.S.R. 665(E) notified the tract in which the cultivation of poppy should be made. Support our journalism by subscribing to Taxscan premium. 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