NDPS Rules, 1985 — Definitions

Official text

In these rules, unless the context otherwise requires,—

(a) "the Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

(b) "Appellate Authority" means any authority to whom an appeal may lie under any provision of these rules;

(c) "Chemical Examiner" means the Chemical Examiner or Deputy Chief Chemist or Shift Chemist or Assistant Chemical Examiner, Government Opium & Alkaloid Works, Neemuch or, as the case may be, Ghazipur;

(d) "Chief Controller of Factories" means the Chief Controller of Government Opium and Alkaloid Factories;

(da) "Controller of Drugs" means the officer appointed as the controlling authority by the State Government under rule 50 of the Drugs and Cosmetics Rules, 1985 made under the Drugs and Cosmetics Act, 1940 (23 of 1940);

(e) "crop year" means the period beginning on and from the 1st October of any year to the 30th September of the following year;

(ea) "Firm" means a company, body corporate, proprietorship firm, partnership firm, limited liability partnership firm, association of persons;

(eb) "Form" means a Form appended to these rules;

(f) "General Manager" means the General Manager, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur;

(g) "issuing authority" means the Narcotic Commissioner or any other officer who may be authorised in this behalf by the Central Government for issuing a licence under Chapter V of these rules or issuing an import certificate or export authorisation under Chapter VI of these rules in respect of narcotic drugs or psychotropic substances;

(h) "licence" means a licence issued under these rules;

(ha) "Licenced chemist" means a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by retail, essential narcotic drugs under these rules;

(hb) "Licenced dealer" means a person who has obtained a licence to possess, sell, exhibit or offer for sale or distribution by wholesale, essential narcotic drugs under these rules;

(hc) "medical institution" means a hospital, dispensary, clinic or an institution by whatever name called that offers services or facilities requiring diagnosis, treatment or care of illness, disease, injury, deformity or abnormality, established and administered or maintained by the Government or Municipal Corporation or Municipal Council or Zila Parishad or any person or body of persons;

(hd) "patent or proprietary medicine" shall have the same meaning as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940);

(he) "prescription" means a prescription given by a registered medical practitioner for the supply of any of the essential narcotic drugs to a patient for medical use in accordance with these rules;

(i) "Proper Officer" in relation to any function to be performed under these rules, means the officer of Narcotics Department who is assigned those functions by the Narcotics Commissioner;

(ia) "recognised medical institution" means a medical institution recognised as such under these rules;

(ib) "registered medical practitioner" means any person registered as a medical practitioner under the Indian Medical Council Act, 1956, or under any law for the registration of medical practitioners for the time being in force, or registered as a dentist under the Dentists Act, 1948, or under any law for the registration of dentists, and who has undergone training in pain relief and palliative care, or in opioid substitution therapy, for prescription of essential narcotic drugs;

(j) "Schedule" means a Schedule annexed to these rules;

(k) words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act.