Jammu and Kashmir Opium Smoking Act, 2011 (1954 A. D.)

No: 37 Dated: Feb, 21 2011

THE JAMMU AND KASHMIR OPIUM SMOKING ACT, 2011 (1954 A. D.) 

(Act No. XXXVII of 2011)

    An Act to provide for the control of the practice of smoking of prepared opium and to secure the ultimate prohibition of smoking of prepared opium in the Jammu and Kashmir State.

    Whereas it is expedient to provide for the control of the practice of smoking prepared opium and to secure the ultimate prohibition of smoking of prepared opium in the Jammu and Kashmir State ;

It is hereby enacted as follows

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Opium Smoking Act, 2011.

(2) It extends to the whole of the Jammu and Kashmir State.

(3) It shall come into force from such date as may be appointed by the Government by notification in the Government Gazette in the behalf.

2. Definitions. - In this Act, unless the context otherwise requires,-

(a) "opium" means-

(i) the capsules of the poppy (Papaver somniferum L);

(ii) the spontaneously cogulated juice capsules which has not been submitted to any manipulations other than those necessary for packing and transport: and

(iii) any mixture, with or without neutral materials, of any of the above forms of opium, but does not include any preparation containing not more than 0.2 per cent of morphine, or a manufactured drugh which shall include (i) all cocoa derivatives, medicinal, hemp and opium derivatives ; and (ii) and other narcotic substance which the Government may by notification in the Government Gazette make in pursuance of any international convention declared to be a manufactured drug ;

(b) "place" includes a building, house, shop, pool, chappar, enclosure, tent, vessel, raft and vehicle and any part thereof;

(c) "prepared opium" means any product or admixture of opium obtained by any operation or series of operations designed to transform opium into an extract suitable for smoking, and includes chandu, madak and the dross or other residue remaining after opium is smoked ;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "register" means the register of smokers of prepared opium maintained by or under the authority of the Stale Government before the commencement of this Act as a register of smokers of prepared opium ;

(f) "registered smoker" means a person whose name is entered in the register, at any time before the commencement of this Act, as a smoker of prepared opium.

3. Prohibit ion of smoking of prepared opium by persons other than registered smokers. - No person other than a registered smoker shall, after the commencement of this Act, smoker prepared opium.