Section 9:
Power of Central Government to permit, control and regulate.
(1) Subject to the provisions
of section 8, the Central Government may, by rules--
(a) permit and regulate--
(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on
account of the Central Government) of coca plant, or the production, possession, sale, purchase,
transport, import inter-State, export inter-State, use or consumption of coca leaves;
(ii) the cultivation (such cultivation being only on account of Central Government) of the
opium poppy;
(iii) the production and manufacture of opium and production of poppy straw;
1[(iiia) the possession, transport, import inter-State, export inter-State, warehousing, sale,
purchase, consumption and use of poppy straw produced from plants from which no juice has
been extracted through lancing;]
(iv) the sale of opium and opium derivatives from the Central Government factories for
export from India or sale to State Government or to manufacturing chemists;
(v) the manufacture of manufactured drugs (other than prepared opium) but not including
manufacture of medicinal opium or any preparation containing any manufactured drug from
materials which the maker is lawfully entitled to possess;
1[(va) the manufacture, possession, transport, import inter-State, export inter-State, sale,
purchase, consumption and use of essential narcotic drugs:
Provided that where, in respect of an essential narcotic drug, the State Government has
granted licence or permit under the provisions of section 10 prior to the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (16 of 2014), such
licence or permit shall continue to be valid till the date of its expiry or for a period of twelve
months from such commencement, whichever is earlier.]
(vi) the manufacture, possession, transport, import inter-State, export inter-State, sale,
purchase, consumption or use of psychotropic substances;
(vii) the import into India and export from India and transhipment of narcotic drugs and
psychotropic substances;
(b) prescribe any other matter requisite to render effective the control of the Central Government
over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
(a) empower the Central Government to fix from time to time the limits within which licences
may be given for the cultivation of the opium poppy;
(b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered
by the cultivators to the officers authorised in this behalf by the Central Government;
(c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for
production and manufacture of opium; the fees that may be charged therefor; the authorities by which
such licences may be granted, withheld, refused or cancelled and the authorities before which appeals
against the orders of withholding, refusal or cancellation of licences shall lie;
(d) prescribe that opium shall be weighed, examined and classified according to its quality and
consistence by the officers authorised in this behalf by the Central Government in the presence of the
cultivator at the time of delivery by the cultivator;
(e) empower the Central Government to fix from time to time the price to be paid to the
cultivators for the opium delivered;
(f) provide for the weighment, examination and classification, according to the quality and
consistence, of the opium received at the factory and the deductions from or additions (if any) to the
standard price to be made in accordance with the result of such examination; and the authorities by
which the decisions with regard to the weighment, examination, classification, deductions or
additions shall be made and the authorities before which appeals against such decisions shall lie;
(g) require that opium delivered by a cultivator, if found as a result of examination in the Central
Government factory to be adulterated, may be confiscated by the officers authorised in this behalf;
(h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the
authorities by which such licences may be granted and the fees that may be charged therefor;
2[(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession,
transport, import inter-State, export inter-State, sale, purchase, consumption or use of essential
narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may
be charged therefor;]
(i) prescribe the forms and conditions of licences or permits for the manufacture, possession,
transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic
substances, the authorities by which such licences or permits may be granted and the fees that may be
charged therefor;
(j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic
substances may be imported into India or exported from India or transhipped; the forms and
conditions of certificates, authorisations or permits, as the case may be, for such import, export or
transhipment; the authorities by which such certificates, authorisations or permits may be granted and
the fees that may be charged therefor.
Notes:
1. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).
2. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).