Intoxicating Drugs

Gazette Reference: Chapter XIV (Intoxicating Drugs) and Chapter XV (Common Notifications & Orders) — Multiple notifications from 1951-2011

Type: Historical Compilation — Multiple Non-Fee Amendments, Repeals, and Regulatory Changes

Authority: Bombay Prohibition Act, 1949 (Bom. XXV of 1949), Sections 2(23)(d), 105, 139, 143; Narcotic Drugs and Psychotropic Substances Act, 1985

CHAPTER XIV: INTOXICATING DRUGS

Notification 147 (1951) — Declaration of Intoxicating Drugs

Amended Rule/Section: Section 2(23)(d) of BPA
Type of Change: Declaration (Supersession of earlier notification)
What Changed: Governor of Bombay declared specific narcotic opium preparations as "intoxicating drugs" under the Act. Specifically covers "Balagolis" or "Infant Opium Pills" containing not more than 0.2% morphine, and similar preparations with same effect regardless of name. Superseded earlier notification No. 10484/45(a) dated 29th January 1951.
Effective Date: 11th April 1951
Authority: Section 2(23)(d) of BPA, 1949

Notification 148 (1963) — Excise & Countervailing Duties on Intoxicating Drugs

Amended Rule/Section: Section 105 of BPA (Duty imposition)
Type of Change: New duty rates (Supersession of 1951 and 1953 notifications)
What Changed: Government of Maharashtra imposed:

• Excise duty: ₹43/kg on ganja, ₹8/kg on bhang (manufactured in Maharashtra)
• Countervailing duty: ₹43/kg on ganja, ₹8/kg on bhang (imported into Maharashtra)
• Opium duty: ₹64.50 per kg when imported, issued from warehouse, or transported within state
• Exemption: No duty on drugs already liable to Indian Tariff Act 1934 or Customs Act 1962

Effective Date: 19th July 1963
Authority: Section 105, Chapter IV of BPA

Notification 149 (1964) — Exemption for Inter-State Opium Permit Holders

Amended Rule/Section: Sections 17(a)(b)(c)(e) and 105(1)(c) of BPA
Type of Change: Exemption for visitors with medical opium permits
What Changed: Visitors to Maharashtra holding valid opium permits from other Indian states (issued on medical grounds) exempted from prohibition provisions and excise/countervailing duties. Previously, inter-state travelers would violate possession laws.

Key Conditions:

• Carry opium permit + competency certificate during stay
• Get certificate countersigned by Prohibition Officer on arrival
• Possess only authorized quantities
• Exemption valid for 1 month from certificate date
• Surrender permit and remaining stock to Collector on expiry

Effective Date: 2nd April 1964
Authority: Section 139(1)(c) of BPA

Notification 150 (1961) — Exemption for Ayurved Mahavidyalaya, Pune

Amended Rule/Section: Section 14(b) of BPA (prohibition on cultivation)
Type of Change: Educational institution exemption
What Changed: Principal of Ayurved Mahavidyalaya, Pune exempted from prohibition on cultivating bhang plants for educational purposes.

Key Conditions:

• Maximum 5 plants only
• Planted only in college's medicinal plant garden
• Yield surrendered free to Superintendent of Prohibition & Excise, Pune
• Used solely for student demonstration
• Open to inspection by Prohibition & Excise officers

Effective Date: 24th October 1961
Authority: Section 139(1)(c) of BPA

Notification 151 (1961) — Entrustment of Functions to Central Officers

Amended Rule/Section: Section 121(1) of BPA
Type of Change: Inter-governmental delegation
What Changed: Governor of Maharashtra, with Government of India's consent, entrusted officers of Central Narcotic Department (rank of Sub-Inspector and above) with enforcement functions under Section 121(1) within Maharashtra jurisdiction. Enables central-state coordination on narcotics control.
Effective Date: 13th October 1961
Authority: Article 258-A of Constitution; Section 121(1) of BPA

Notifications 152-154 — REPEALS

Amended Rules: Three sets of rules completely repealed
Type of Change: Complete repeal and replacement

Repealed Rules:

1. Bombay Ganja and Bhang Rules, 1953 (26th September 1959)
2. Bombay Opium Rules, 1953 (26th September 1953)
3. Maharashtra Poppy Capsules Rules, 1961 (30th September 1961)

Replaced By: Maharashtra Narcotic Drugs and Psychotropic Substances Rules, 1985 (Rule 107) — framed under central NDPS Act, 1985 (Act 61 of 1985)
Authority: NDPS Act, 1985 superseded state-level narcotics regulation

Notification 155 — Medical Board Rules (REPEALED)

Note: Bombay Prohibition (Drugs Permit) Medical Board Rules, 1954 (with 1962 and 1969 amendments) stand repealed since underlying rules at paras 133-134 were repealed.

Notification 156 (1990) — Declaration & Cancellation

Type of Change: Declaration cancelled same year
What Changed: 'Mythenol' and 'Chloral Hydrate' declared as intoxicants on 7th July 1990, but notification cancelled with effect from publication date on 9th October 1990. Net effect: substances not treated as intoxicants under BPA.
Authority: Section 2(23) of BPA (implied)

CHAPTER XV: COMMON NOTIFICATIONS

Notification 157 — Bombay Prohibition (Privileges Fees) Rules, 1954

Type of Change: Fee rules framework with 11 subsequent amendments (1955-2011)
What Changed: Established privilege fee structure for licenses under BPA. Superseded 1935 Commissioner of Excise rules.

Subsequent Amendments (summary):

1. 1955 (July & October) — Two amendments
2. 1957 — Amendment
3. 1971 — Amendment
4. 1987 — Amendment
5. 1996 — Amendment
6. 2004 — Amendment (18th June)
7. 2005 — Amendment (20th June)
8. 2009 — Amendment (4th June)
9. 2010 — Amendment (7th July)
10. 2011 — Amendment (16th November)

Definitions Established:

• "The Act" = Bombay Prohibition Act, 1949
• "Licence" = any license under BPA or subordinate rules
• "Licensee" = license holder
• Other terms carry BPA meanings

Effective Date: 8th May 1954 (with rolling amendments through 2011)
Authority: Section 143(2)(u) of BPA

SUMMARY: This compilation documents Maharashtra's regulatory evolution on intoxicating drugs (1951-2011), including duty rates, inter-state permit reciprocity, educational exemptions, central-state enforcement coordination, and the transition from state narcotics rules to the central NDPS Act regime. The Privileges Fees Rules framework underwent continuous refinement over 57 years through 11 amendments.