Under Sections 6, 7, 10 to 16, 24 and 29 of the Cochin Abkari Act, I of 1077, and in exercise of all other powers enabling him in this behalf, the Diwan in supersession of the Notification No. 117, dated 23rd Edavam 1102, Revenue Department (Separate Revenue), as subsequently amended, is pleased to prescribes the following rules for the import sale, possession, export and transport of hemp drugs (cannabis sativa or indica).

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S.Rule 1

In these rules, unless there be something repugnant in the subject or context.-

(i) "hemp drug" means any intoxicating drink or substance prepared from any part of the hemp plant and includes ganja, charas, bhang and every preparation and admixture of the same.

(ii) "ganja" means the dried flowering tops of the cultivated female hemp plants which have become coated with resin in consequence of having been unable to set seeds freely.

(iii) "charas" means the resinous matter formed on the flowering tops of cultivated female hemp plants when collected separately.

(iv) "bhang" means the dried leaves of the hemp plant whether male or female and whether cultivated or uncultivated.

(v) "licensed vendor" means a person who has obtained from the Commissioner of Excise a licence for the retail vend of hemp drugs.

(vi) "tola" means a weight of 180 grains troy.

(vii) "seer" means a weight of tolas.

S.Rule 2

No hemp drug shall be imported into the Cochin State except on behalf of the Government and except what may be carried for immediate personal consumption by a bona fide adult traveller which is limited to one tola.

S.Rule 3

The import of hemp drugs into the State will not be permitted unless an import certificate in the prescribed Form G. I signed by the Diwan and countersigned by the Agent to the Governor General, Madras State, has been previously obtained and unless the rules for the time being in force in the place of export relating to the export of hemp drugs, have been complied with. In the case of imports from a foreign country the import certificate will be issued in duplicate. The original should be sent to the exporting firm and the duplicate to the Commissioner of Excise, Madras, with an application for the issue of an import authorisation marked "in transit" to enable the consignment being cleared from the Customs.

S.Rule 4

No hemp drugs shall be sold without a licence in Form H.D. 4 from the Commissioner of Excise.

S.Rule 5

The Government do not guarantee the supply of hemp drugs of any particular sort.

S.Rule 6

Hemp drugs will be supplied on prepayment of the issue price at such rates as the Diwan may, from time to time, prescribe by notification in the Cochin Government Gazette, at any Taluk Treasury at which the Diwan may authorise the keeping of the drug for sale in quantities of one seer and multiples thereof to any licensed vendor.

S.Rule 7

A licensed vendor may sell hemp drugs to any person in any quantity not exceeding the limit fixed for possession without a licence and to any other licensed vendor in any quantity not being less than 3 tolas of ganja and 10 tolas of bhang.

S.Rule 8

¹[Possession of Ganja and Bhang without a licence from the Excise Commissioner or an Officer duly authorised by the Government in that behalf is prohibited].

S.Rule 9

The export of hemp drugs by land to any place outside the Cochin State is permitted in the following cases only:

(a) By post or Anchal - The export will be allowed only by parcel post or Anchal and the following conditions will be enforced:

(i) The parcel shall be insured.

(ii) The Diwan will be at liberty to prohibit the export by Post or Anchal from any place within its jurisdiction to any place outside.

(iii) The export shall be covered by an import authorisation (in addition to the export authorisation) which shall be issued by the proper authority in the Government of the country to which the parcel is addressed and it will be open to any Government to refuse the issue of such authorisation.

(iv) The parcel shall be accompanied by a declaration stating the names of the consignee and the consignor, the contents of the parcel in detail such other particulars as the Diwan may determine in consultation, if necessary, with

S.Rule 10

The transport of hemp drugs within the State by licensed vendors is prohibited except under the following conditions:-

(i) A licensed vendor desiring to transport hemp drug from one circle to another shall obtain a permit for each consignment from the Commissioner of Excise or from the Excise Inspector of the circle from which drug is to be transported; from one range to another from the Excise Inspector of the circle; from one shop to another in a range either from the said officers or from the Range Sub-Inspector or from the licensed vendor or his authorised agent within the limits of which licence the shops are situated. No licensed vendor shall have authority to carry or cause to be carried any quantity of hemp drugs beyond the limits of his licence. Licensed vendors, their authorised agents and Sub-Inspectors of ranges are hereby empowered to grant permits under this rule.

(ii) Transport from a Taluk Treasury to a shop shall be covered by a permit grante

S.Rule 11

The permit shall specify.-(a) the name of the person to whom it is granted; (b) the name of the person in charge of the consignment; (c) the place from which it is issued; (d) the number of packages and the weights and contents of each; (e) the destination of the consignment; (f) the period allowed for transport; (g) the route to be taken and (h) the name and signature of the officer or other person granting it.

S.Rule 12

A duplicate of every transport permit granted as aforesaid shall be sent by the officer or other person granting it by Anchal to the Inspector of the circle through the Sub-Inspector to whose range the consignment is to be taken.

S.Rule 13

If any licensed vendor has in his possession on the expiry, cancellation or forfeiture of his licence, any hemp drugs, which he is unable to dispose of to the satisfaction of the Commissioner of Excise by private sale to other licensed vendors, he shall surrender the same to the Commissioner, and the incoming licensed vendor or, if the expired, cancelled or forfeited licence is not renewed, any licensed vendor, when required by the Commissioner, shall be bound to purchase the articles aforesaid to the extent of two monthsm, supply at such price and in such quantities as the Commissioner shall adjudge: provided that the price of hemp drug thus adjudged shall, in no case, exceed the rate at which they can be procured from the Government: provided also that if such articles be declared by a Civil Surgeon to be unfit for use, the Commissioner shall cause them to be destroyed.

S.Rule 14

(i) Hemp drugs confiscated under the Abkari Act or surrendered under these rules shall be examined by the Commissioner of Excise who may send it to the Chief Medical and Sanitary Officer or a Civil Surgeon in case he is unable to decide whether it is fit for use or not. The Chief Medical Officer or Civil Surgeon shall after examination return the article with his opinion thereon.

 (ii) The Commissioner of Excise shall, if the article be declared fit for use, forward it to the Central Stores to be taken in the stock. If the article is declared unfit for use it shall be immediately destroyed in the presence of the Commissioner of Excise or any other officer deputed for the purpose.

S.Rule 15

Every licensee shall maintain in his shop from day to day true accounts of transactions in ink in the prescribed Form H.D. 6 which may be obtained from the Excise Inspector of the circile on payment of cost price.

S.Rule 16

Permits for hemp drugs received must be carefully filed in support of the accunts. The accounts and permits shall be produced for the inspection of the officers authorised to inspect the shops.

S.Rule 17

The licensee shall be required to allow his licensed premises to be freely inspected by officers of the Excise Department of and above the rank of Sub-Inspectors. These officers are empowered to enter and examine the premises, to test the weights, measures and stock of hemp drugs in the licensed premises and to call for and check the accounts kept in the shop. Police Officers of and above the rank of Inspectors, will also make inspection when it comes within the scope of their duty.

S.Rule 18

All officers authorised to inspect shops are authorised to detain any hemp drug found unfit for consumption or use or which they may believe to have been tampered with in any way and the Commissioner of Excise is empowered to confiscate and destroy such drugs.

S.Rule 19

All licensees shall be bound by any additional, general or special rules that may be prescribed under the Cochin Abkari Act and shall, if so required by the Commissioner or any other officer authorised by him, deliver up their licences for amendment or for the issue fresh ones.

S.Rule 20

The right to vend hemp drugs shall be put up to auction by the Commissioner of Excise at such time, in such manner and subject to such conditions of sale, general or special, as shall be fixed by the Diwan. Such sales shall be subject to confirmation by the Diwan.

S.Rule 21

The Commissioner may also grant to any bona fide medicinal practitioner or druggist for an annual fee of Rs. 5 a special licence in Form H.D 5, for sale for medicinal purposes only of ganja and preparations and admixtures of the same in accordance with these rules. Such licences shall be liable to be cancelled by the Commissioner, if he has reason to believe that the licensee has been or is dealing in the drugs under cover of such licence for other than purely medicinal purposes.

S.Rule 22

During the closing month of the lease (Karkadagam) no licensee shall apply for more ganja than is necessary to meet the legitimate requirements of the remaining days of the lease. Every indent for ganja in Karkadagam to the Treasury Officer or to any ganja shop keeper shall be sent through the Inspector of the circle in which the shop is situated, who may at his discretion refuse to pass it in full or may pass it for supply of only such quantity as he considers reasonable.

S.Rule 23

No licensee shall keep any greater quantity of hemp drugs than may be fixed by the Commissioner. The Diwan may at any time, during the currency of a lease, if he finds issues to a shop are abnormally high, restrict further issues unless good reason is shown by the licensee.

S.Rule 24

If any licence for hemp drugs is used as a clock for illicit sale or if the licensee knowingly sells hemp drugs to a smuggler of such drugs, or if the Commissioner has reason to suspect that the licensee is guilty of any offence of that nature, he may, after recording his reasons, forthwith cancel the licence or resell or otherwise dispose of the privilege at the risk of the licensee. The rent for the whole lease shall become due at once when a licence is cancelled under this rule.

S.Rule 25

Whoever, being a licensed vendor, contravenes any of these rules, or disobeys the instructions issued by any departmental officer for the purpose of carrying out these rules, or violates any of the conditions of his licence shall be liable at the discretion of the Commissioner to a penalty no exceeding Rs. 50 for every such wilful act or omission. The imposition of a fine under this rule shall not be held to bar the prosecution of such persons for any offence he may have committed against the provisions of the Abkari Act, 1 of 1077.

S.Rule 26

The Commissioner may, from time to time, fix the maximum or minimum rate at which hemp drugs may be retailed in any particular locality, and no hemp drugs shall be sold either below the minimum or above the maximum so fixed.

S.Rule 27

Nothing herein contained shall affect any rule or notification at present in force so far as they are not inconsistent with the rules now published.