General conditions for grant of license for the cultivation of opium
General conditions for grant of license for the cultivation of opium poppy- Notification No. 01 /2021-Narcotics Control-1
G.S.R. 727(E).—In pursuance of rule 8 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, the Central Government hereby notifies the general conditions for grant of license specified below for cultivation of opium poppy on account of the Central Government during the Opium Crop Year Commencing on the 1st day of October, 2021 and ending with the 30th day of September, 2022.
- Place of Cultivation
Opium poppy cultivation may be licensed in any tract as may be notified in 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:
(i) Cultivators who had cultivated opium poppy during the crop year 2020-21 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.
(ii) Cultivators who ploughed back their entire poppy crop cultivated during the crop year, 2018-19,2019-20 & 2020-21 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 2017-18.
(iii) Cultivators whose appeal against refusal of License has been allowed after the last date of settlement in the crop year 202-21.
(iv) Cultivators who were eligible for a license for the crop year 2020-21, but did not voluntarily obtain a license for any reason, or who after having obtained a license, did not actually cultivate opium poppy due to any reason.
(v) Cultivator who is nominated by deceased eligible cultivator in column No. 11 in Form No. 1 (see rule 7) for the crop year 2020-21.
(vi) 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 person not falling under definition of family members/blood relatives in Form No. 1 is made.
(vii) who were de-licensed on the ground of charge/charges in any competent court for any offence under NDPS Act, 1985 and the Rules made there under provided that they have been acquitted by the competent court of Law in said case/ cases and such order/orders of acquittal has become final as on 31st July 2021 , shall also be eligible for a license to cultivate opium poppy subject to fulfillment of other conditions, production of certified copy of judgment and declaration to this effect.
(viii) The cultivators who get their opium poppy crop ploughed back in excess of 50% of total of areas cultivated during the crop years 2018-19, 2019-20 and 2020-21 shall not be eligible for a license to cultivate opium poppy for crop year 2021-22.
2A. Subject to clauses 3 and 7 of this notification, the following shall be eligible for a license to cultivate opium poppy for production of Poppy Straw from which no juice is extracted through lancing:
(i) Cultivators (including their legal heirs) who have tendered an average yield of Morphine (MQY-M) 3.7 kg per hectare and above but less than 4.2 kg per hectare in crop year 2020-21.
(ii) Cultivators (including their legal heirs) who were de-licensed in the crop year 2019-20 and 2020-21 provided they have tendered opium having total average equal/equivalent to or more than 100 percent of an average yield of Morphine (MQY-M) 4.2 Kg per hectare for last five tendered years including the year of de licensing. In case of transfer of license to legal heir, average tendering by deceased cultivators would be taken into account for computation of total of averages of opium tendered. - Conditions of License
No cultivator shall be granted license unless he/she satisfies that:
i. He/She did not, in the course of actual cultivation, exceed the area licensed for poppy cultivation during the crop year 2020-21 beyond the 5% ‘Condonable Limit’ allowed in the licensing policy.
ii. 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.
iii. He/she did not during the crop year 2002-21 violate any departmental instructions issued by the Central Bureau of Narcotics/ Narcotics Commissioner to the cultivators. - Maximum Area
(i) All eligible tendered cultivators of crop year 2020-21 under clause 2 above will be issued license as below:
| S. No. | MQY-M (In Kg/Hectare) for the Crop Year 2020-21 | Licensed area (In Hectares) |
| 1 | 4.2 and above but less than 5.0 | 0.06 |
| 2 | 5.0 and above but less than 5.9 | 0.10 |
| 3 | 5.9 and above | 0.12 |
(ii) Eligible cultivators under clause 2 not falling in S.No. (i) above will be issued license for o.05 hectares.
(iii) Eligible cultivators under clause 2A above will be issued license for o.06 hectares.
(iii) Cultivators getting license upto 10 Are can sow opium in one plot only and cultivators getting license for more than 10 Are can sow opium poppy in not more than two plots.
(iv) Cultivators will be permitted to take on lease, land belonging to others, to make up the licensed area, if they so desire.
- Forewarning
(i) A minimum qualifying yield (MQY –M) of 5.9 Kg Morphine/ Hectare of Morphine in opium tendered should be achieved during the crop year 2021-22 to become eligible for a license to cultivate opium poppy in the following year i.e. 2022-23.
(ii) Morphine content of opium tendered during 2021-22 may become the basis for payment for the crop year 2021-22, if the Government decides to do so in this regard.
(iii) Cultivators who had fully ploughed back their entire poppy during crop year 2018-19, 2019-20 and 2020-21 would not be entitled for license in the crop year 2022-23, if they also plough back their crop fully in the crop year 2021-22.
(iv) In future, if Government intends to grant additional licenses, it may consider re-licensing of de-licensed cultivators who had tendered opium/ Morphine having total average equal to or more than 108 percent of the total of MQY/ MQY-M (fixed for licensing in the next crop year) for last five consecutive tendered years.
(v) The cultivators who get their opium poppy crop ploughed back in excess of 50% of total of areas cultivated during the crop years 2019-20, 2020-21 and 2021-22 may not be eligible for a license to cultivate opium poppy in the following year i.e. 2022-23. - Condonable Limit:
If the area actually cultivated is up to 5% in excess of the licensed area, such excess cultivation maybe condoned. - Miscellaneous
i. Any cultivator who cultivates opium poppy during 2021-22 in his own land or in the land leased from others shall provide details of owner of the plot, survey number and any other details as may be directed by the Narcotics Commissioner.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. In respect of cultivators having opium cultivation license in a particular village but are having residence in adjacent village, such cultivators may be allowed to store opium in their residence, provided that there is continuous human settlement between such villages.
vii. If there is difference in any para of Hindi version of opium policy 2021-22 then English version of same shall be followed.
