(Rules Under The Opium Act, 1878)

FINANCIAL DEPARTMENT.

(Rules Under The Opium Act, 1878)

No. 21

Dated Rangoon, the 17th May 1910.

No.21.- The following revised rules, made by the Lieutenant-Governor of Burma with the previous sanction

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of the Governor-General in Council, for regulating the matters specified in sections 5 and 13 of the Opium

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Act, 1878, are published for general information:-

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(1) These rules shall come into force on the 17th day of May 1910.

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(2) On and from that date all rules previously made under the said Act shall cease to have effect, except as

regards anything done, or any offence committed, or any fine or penalty incurred, or any proceedings

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commenced before that day.

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(3) Save where a contrary intention appears, these rules apply to all territories for the time being
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administered by the Lieutenant-Governor of Burma except the Shan States.
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DEFINTIONS.
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1. In these rules, unless there is something repugnant in the subject or context-

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(i) “India” means British India, together with the territories of all Native Princes and Chiefs under the
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suzerainty of His Majesty exercised through the Government of India, or through any Government or
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officer subordinate thereto, and includes the French and Portuguese Settlements enclosed within

British Indian territory or bordering on the Arabian Sea (east of Karachi) or Bay of Bengal;
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(ii) “Burma” and “Upper Burma” do not include the Shan States;
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(iii) “Opium” has the meaning assigned to it in the Opium Act, 1878;
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(iv) “Defined opium” means-

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(a) the inspissated juice of the poppy, that is to say crude opium;

(b) beinsi, that is to say crude opium clarified with water for smoking purposes, whether prepared or in

course of preparation;

(c) beinchi or pyaungchi, that is to say the refuse remaining in the opium pipe after the smoking of

beinsi:

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It does not include an admixture of opium and water except during the course of the preparation of

beinsi, and it does not include poppy heads or any other preparation or admixture of opium, or any

other intoxicating drug prepared from the poppy;

(v) “ Medical preparation” means any preparation or admixture of opium intended for medical purposes

only and includes morphia;

(vi) “Poppy-heads” means the capsules of the poppy plant;

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(vii) “Tola” means a weight of 180 grains Troy;

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(viii) “Seer” means a weight of 80 tolas;

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(ix) “Defined opium” and “Medical preparations other than morphia,” when sold in any quantity not

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exceeding three tolas in weight, shall be deemed to be sold “by retail,” and when sold in larger

quantities shall be deemed to be sold “wholesale”; “Poppy-heads,” when sold in any quantity not

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exceeding five seers in weight, shall be deemed to be sold “by retail,” and when sold in any larger

quantity shall be deemed to be sold “wholesale”; Sy

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“Morphia,” when sold in any quantity not exceeding five grains avoirdupois in weight, shall be deemed to
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be sold “by retail,” and when sold in any larger quantity shall be deemed to be sold “wholesale”;
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(x) “Resident Excise Officer” means the Government officer for the time being in charge of an opium shop
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established under Rule 58;

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(xi) “Licensed wholesale vendor” means a person to whom a license for the wholesale vend of defined
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opium has been granted by the Commissioner under Rule 53;

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(xii) “Licensed retail vendor” means a person to whom a license for the sale of defined opium by retail has

been granted by the Deputy Commissioner under Rule 58;

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(xiii) “Medical practitioner” means a person who has been registered under an English Medical Act or who
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has received a medical diploma from an Indian University and who practises medicine according to
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European methods;
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(xiv) “Pharmacist” means a person who deals in European medicines and drugs as a means of livelihood,

and “Licensed pharmacist” means a pharmacist to whom a license has been granted by the Deputy

Commissioner under Rule 59;

(xv) “Doctor” means a person who practises medicine according to Asiatic methods as a means of

livelihood, and “Licensed doctor” means a doctor to whom a license has been granted by the Deputy

Commissioner under Rule 59;

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(xvi) “Tattooer” means a Burman who practises tattooing of the human body according to Burmese

methods, and “Licensed tattooer” means a tattooer to whom a license has been granted by the Deputy

Commissioner under Rule 59;

(xvii) “Import,” “export” and “transport” have the respective meanings assigned to them in the Opium Act,

1878;

(xviii) “Civil Surgeon” means a Civil Surgeon or other principal medical officer of a district;

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(xix) “Burman” means any person born of parents both of whom belong to races indigenous to Burma ,

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except a Kachin, Shan, Kadu, Palaung or Salon;

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Every person, who ordinarily wears a dress commonly worn by persons of any race indigenous to Burma

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and speaks Burmese, Karen or Talaing as his vernacular language, shall be presumed to be a Burman

until the contrary is proved;

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(xx) “Registered Burman” means a Burman in Lower Burma whose name has been entered in and has not

been removed from the register prescribed in Rule 20; Sy

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(xxi) “Non-Burman” means any person who is not a Burman;
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(xxii) “Kachin Hill Tract” means a hill tract to which the Kachin Hill Tribes Regulation, 1895, has been
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extended;

(xxiii) “Kachin Hill Tribe” means a hill tribe to which the Kachin Hill Tribes Regulation, 1895, has been
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made applicable.

MANUFACTURE.
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2. Opium may be manufactured on account of Government.

3. Opium other than morphia may be manufactured by a medical practitioner.

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4. Defined opium and medical preparations other than morphia may be manufactured by a licensed
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pharmacist or licensed doctor subject to the conditions of his license.

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5. Defined opium may be manufactured by a licensed retail vendor subject to the conditions of his license.
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6. Any person who is permitted to possess defined opium under these rules may manufacture beinsi from

such opium.

POSSESSION.

7. Any person duly authorized in that behalf may possess opium on account of Government.

8. A medical practitioner may possess opium.

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9. Any person may possess poppy-heads not exceeding five seers in weight, defined opium not exceeding

three tolas in weight, and medical preparations other than morphia not exceeding six tolas in weight,

provided that he has bought the poppy-heads, defined opium, or medical preparations other than

morphia from a medical practitioner or licensed pharmacist or licensed doctor, and requires them for

medical purposes only.

10. Any person may possess morphia not exceeding five grains avoirdupois in weight, provided that he has

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bought such morphia from a medical practitioner, or from a licensed pharmacist who has been specially

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licensed to sell morphia, in pursuance of a prescription of a medical practitioner, and provided that he

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requires it for medical purposes only.

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11. Any non-Burman and in Lower Burma any registered Burman may possess defined opium not exceeding

three tolas in weight which he has bought-

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(a) from the licensed retail vendor at the shop within the sale limits of which he resides; or

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(b) from any other licensed retail vendor, provided that he has bought the opium from such vendor in
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accordance with the provisions of Rule 64;
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Provided that when two or more persons, whether Burmans or non-Burmans, or partly Burmans and
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partly non-Burmans are assembled for the purpose of smoking opium, the aggregate quantity of opium

possessed by all the members of the party shall not exceed five tolas.
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12. Subject to the conditions of his license, a licensed retail vendor may possess any quantity of defined

opium-
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(a) which he has obtained from Government; or

(b) which he has obtained from any other licensed retail vendor who has sold the same to him in
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accordance with the provisions of Rule 66; or

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(c) which he has obtained from a licensed wholesale vendor who has sold the same to him in accordance
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with the provisions of Rule 47; or

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(d) which has been produced in the Shan States or out of India and which he has brought by land into

Upper Burma in accordance with a pass granted under Rule 27 or Rule 38.

13. Subject to the conditions contained therein, a holder of a pass for transport or import may possess the

defined opium covered by the pass.

14. Subject to the conditions of his license a licensed pharmacist may possess any quantity of poppy-heads

not exceeding ten seers in weight, and of defined opium not exceeding one seer in weight, and of medical

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preparations other than morphia not exceeding one seer in weight and of morphia not exceeding three

ounces avoirdupois. But in special cases the Financial Commissioner may authorize the possession of such

larger quantities of opium and of medical preparations as he may think necessary.

15. Subject to the conditions of his license a licensed doctor may possess any quantity of poppy-heads not

exceeding five seers in weight, and of defined opium or of medical preparations other than morphia not

exceeding five tolas in weight.

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16. Subject to the conditions of his license a licensed tattooer may possess any quantity of defined opium not

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exceeding five tolas in weight.

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17. A traveller of distinction entering Burma by land from the Shan States, the Karenni States, or a country

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out of Indai may, while in Burma, under the written order of the Deputy Commissioner, possess defined

opium produced in the Shan States, or out of India, for the personal use of himself and his attendants,

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and not for sale or barter, in any quantity not exceeding in weight five tolas for each person.

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18. (1) Any person specially licensed in that behalf by the Deputy Commissioner of the district in which he
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resides or trades may possess defined opium in such quantity and for such period as may be specified in
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the special license.

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(2) Every such license shall specify the shop from which the licensee must obtain his supply of opium and

shall be valid only in the district of issue and in the district in which the shop so specified is situate.
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(3) No such special license shall be granted without the previous sanction of the Commissioner.

19. (1) Any non-Burman and in Lower Burma any registered Burman who resides at a place so situated that
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he cannot, in the Deputy, Commissioner’s opinion, journey to the nearest opium shop and back in one

day, may, if specially licensed in that behalf by the Deputy Commissioner, possess defined opium in such
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quantity as may be specified in the special license.

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(2) Every such license shall specify the shop from which the licensee must obtain his supply of opium and
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shall be valid only in the district of issue and in the district in which the shop so specified is situate.
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(3) The maximum quantity of opium which may be possessed in virtue of any such license shall be:-

Tolas

(i) When the time occupied in the journey to and from the shop exceeds one

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day but does not exceed two days … … … 10

(ii) When the time occupied in the journey to and from the shop exceeds two

days … … … … … 20

(4) Every such license shall be in force for such period, not exceeding three years, as the Deputy

Commissioner may decide and may be recalled and cancelled at any time, without payment of

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compensation or assignment of reason, if the licensee changes his residence or if the Deputy

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Commissioner considers that the licensee is retailing the opium purchased by him under the license or

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is buying opium at a second shop or is otherwise abusing the privilege accorded to him by the license.

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(5) No opium shall be sold to the holder of any such license except in accordance with the conditions

specified in the license.

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(6) When any opium is sold to the holder of any such license-

(a) the license must be produced to the vendor on each occasion;

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(b) the quantity sold and the date of the sale must be entered on the back of the license on each
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occasion, even if the quantity sold does not exceed three tolas; and
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(c) the total quantity sold shall not exceed the rate of half a tola a day; e.g., if ten tolas are sold on further
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sale shall be made under the same license for twenty days.
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MAINTENANCE OF A RECORD OF PERSONS IN LOWER BURMA WHO HAVE BEEN REGISTERED AS

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CONSUMERS OF OPIUM.
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20. A register in the prescribed form shall be maintained in each District in Lower Burma of Burman residents

in the District who have been registered under the Opium Rules published in this Department Notification
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No. 42, dated the 23rd November 1893., as consumers of opium. No new name shall in future be entered

in this register, except as provided in Rule 24 in the case of transfer of a name from the register of one
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District to that of another.

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21. A Burman whose name has been entered in and has not been struck off the register and who is able to

prove that his certificate of registration has been lost, damaged or destroyed, may be given a revised

certificate in the following form on application to the Deputy Commissioner or other officer authorized in

this behalf by the Financail Commissioner:-

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Certified that the name of.................................................a Burman, son of...................................................of

..................................village, is borne on the register prescribed by Rule 20 of the Rules framed under

the Opium Act, 1878, for Burma, for the registration of Burmans as consumers of opium in the

...........................................District, and that a licensed retail vendor of opium in Lower Burma is

authorized to sell defined opium to the said.......................................in accordance with the said Rules on

the production of this Certificate.

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22. The licensed retail vendor at each opium shop in Lower Burma will be furnished with a list of the

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Burmans whose names are borne on the District register and who reside within the sale limits of his shop,

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and he will be informed of all changes in such list.

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23. A Burman whose name is borne on the District register, and who changes his residence permanently from

within the sale limits of one opium shop to those of another shop in the same District may apply to have

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his change of residence recorded. On receipt of such application, the Deputy Commissioner, or other

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officer authorized by the Financial Commissioner in this behalf, may direct that the change of residence
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shall be recorded in the District register, and that the name of the applicant shall be struck off the list
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furnished to the licensed retail vendor at the opium shop within the sale limits of which the applicant has
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hitherto resided, and be brought on the list furnished to the licensed retail vendor at the shop within the

sale limits of which the applicant is about to reside.

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24. A Burman whose name is borne on the District register and who changes his residence permanently to

some other District in Lower Burma may apply to have his name transferred to the register of the District
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in which he is about to reside. On receipt of such application the Deputy Commissioner of the District in

which the applicant’s name has hitherto been registered may direct that the applicant’s name shall be
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struck off the District register and that the certificate of registration shall be recalled and cancelled. When
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this has been done, the Deputy Commissioner of the District in which the applicant is about to reside may
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direct that the applicant’s name shall be entered in the register for that, District and that the applicant
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shall be granted a new certificate in the form prescribed in Rule 21.

25. A Burman whose name is borne on the District register may apply to have his name removed from the

register. The applicant must surrender his certificate of registration and his name will then be struck off

the District register. No such person shall be entitled to have his name restored to the register.

26. When a Burman whose name is borne on the District register dies his name shall be struck off the

register.

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TRANSPORT.

I.- Transport of Opium from the Shan States.

27. (1) On all defined opium brought from the Shan States into Upper Burma, except defined opium brought

into Burma under Rule 28, there shall be paid the same duty as may for the time being be leviable on

opium imported by land into Upper Burma.

(2) Subject to the payment of the aforesaid duty, defined opium produced in the Shan States or out of

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India may be brought by land into Upper Burma by a licensed retail vendor or licensed wholesale

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vendor under and subject to the conditions of a pass in the prescribed form.

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(3) A pass shall be obtained on each occasion on which a licensed retail vendor or licensed wholesale

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vendor brings opium into Upper Burma under this rule and the pass shall accompany the consignment.

(4) Opium brought into Upper Burma from the Shan States under a pass shall be taken as soon as

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possible to the Treasury office of the District from which the pass was granted.

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(5) The pass shall be granted by the Deputy Commissioner or by some officer authorized by him to grant
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such passes.
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The pass shall specify-

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(i) the name of the grantee;

(ii) the name of the person in charge of the consignment;

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(iii) the route by which the packages are to be conveyed;

(iv) the number of packages and the weight and contents of each;
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(v) the treasury to which the opium must be taken;

(vi) the period for which the pass shall remain in force; and
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(vii) the amount of duty paid or payable.

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Each package in the consignment shall have the word “ Opium” legibly inscribed on it.
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(6) A copy of every pass granted by an officer other than the Deputy Commissioner of the District under
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this rule shall be forthwith sent by the officer granting it to the Deputy Commissioner.

(7) On arrival at the Treasury the opium shall be examined and weighed and compared with the pass by

the officer in charge of the treasury, who shall retain the pass and give the person bringing the opium

a receipt for the same in the prescribed form.

(8) No opium shall be removed from a Treasury until the full duty payable on it has been paid.

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(9) The officer in charge of a Treasury shall report to the Deputy Commissioner of the District the arrival of

each consignment, and shall send him the pass under which the opium has been conveyed as soon as

possible after the arrival of each consignment.

28. A travellor of distinction entering Upper Burma by land from the Shan States may, with the written

permission of the Financial Commissioner, bring into Burma defined opium produced in the Shan States,

or out of India, for the personal use of himself and his attendanis, and not for sale or barter, in any

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quantity not exceeding in weight five tolas for each such person.

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II.- Transport in general.

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29. Government may transport opium on its own account.

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30. Any person other than a licensed retail vendor or licensed wholesale vendor may transport from one

place to another opium which he may legally possess in the latter place.

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31. (1) A licensed retail vendor or licensed wholesale vendor may transport defined opium under a transport

pass granted in the prescribed form. Sy

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(2) A transport pass shall be obtained for each consignment and shall accompany the consignment.
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(3) The transport pass shall be granted by the Deputy Commissioner or by some other officer authorized
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by him to grant such passes.

32. (1) The transport pass shall specify-

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(a) the name of the consignor;

(b) the name of the person in charge of the consignment;

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(c) the place from which the consignment is to be transported;

(d) the name of the consignee;

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(e) the number of packages and the weight and contents of each;
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(f) the destination of the consignment; and

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(g) the period for which the pass shall remain in force.
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Each package in the consignment shall have the word “Opium” legibly inscribed on it, and shall be

stamped in the presence of the officer granting the pass with his official seal across the seams.

(2) A copy of the transport pass shall be sent to the officer in charge at the place to which the

consignment is to be transported.

(3) On arrival at its destination the transport pass and the consignment shall be presented to the officer

named in this behalf in the pass, who shall, without delay, examine and weight the same.

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33. Any Deputy Commissioner may extend the period for which a transport pass under Rule 31 has been

granted upon application for such extension by the person in charge of the consignment of opium

covered by the pass. Provided that-

(i) due cause, satisfactory to such Deputy Commissioner, be shown for such extension; and

(ii) the package or packages of the consignment is or are intact.

Any extension so granted shall be endorsed upon the pass by the Deputy Commissioner granting it.

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34. An officer granting a transport pass shall make it a condition of the pass that the bulk of the consignment

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shall not be broken in transit.

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35. A licensed retail vendor may, under a transport pass granted in the prescribed form, transport defined

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opium from the treasury to his shop.

IMPORT AND EXPORT.

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I.- Import.

36. Government may import opium on its own account. Sy

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37. A traveller of distinction entering Burma by land from the Karenni States, or from a country out of India,
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may, with the written permission of the Financial Commissioner, bring into Burma defined opium
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produced in the Shan States, or out of India, for the personal use of himself and his attendants, and not

for sale or barter, in any quantity not exceeding in weight five tolas for each such person.
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38. (1) Subject to the payment of the duty which may for the time being be imposed by the Governor-

General in Council, defined opium produced in the Shan States or out of India may be brought by land
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into Upper Burma by a licensed retail vendor or licensed wholesale vendor under and subject to the

conditions of a pass granted in the prescribed form.

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(2) An import pass shall be obtained for each consignment and shall accompany the consignment.
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(3) Opium imported into Upper Burma under a pass shall be taken as soon as possible to the Treasury
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office of the District from which the pass was granted.

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(4) The import pass shall be granted by the Deputy Commissioner or by some officer authorized by him to

grant such passes.

(5) The import pass shall specify-

(a) the name of the importer;

(b) the name of the person in charge of the consignment;

(c) the route by which the consignment is to be brought;

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(d) the number of packages and the weight and contents of each;

(e) the treasury to which the opium must be taken;

(f) the period for which the pass shall remain in force; and

(g) the amount of duty paid or payable.

(6) Each package in the consignment shall have the word “Opium” legibly inscribed on it.

(7) A copy of every import pass granted by an officer, other than the Deputy Commissioner of the District,

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under this rule shall be forthwith sent by the officer granting it to the Deputy Commissioner.

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39. On arrival at the Treasury, the opium shall be examined and weighed and compared with the pass by the

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officer in charge of the Treasury, who shall retain the pass, and give the person bringing the opium a

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receipt for the same in the prescribed form.

40. No defined opium shall be removed from a Treasury until the full duty payable on it has been paid.

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The officer in charge of a Treasury shall report to the Deputy Commissioner of the District the arrival of

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each consignment, and shall send him the pass under which the opium has been imported as soon as
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possible after the arrival of each consignment.
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41. Opium produced out of India may be imported by sea by a medical practitioner.
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42. Defined opium and medical preparations other than morphia, not exceeding one seer in weight, and

poppy-heads not exceeding ten seers in weight may be imported by sea by a licensed pharmacist when
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the same have been produced out of India. But in special cases the Financial Commissioner may authorize

the import of such larger quantities of opium and of medical preparations other than morphia as he may
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think necessary.

43. Subject to the conditions of his license, a licensed pharmacist to whom a license for the wholesale sale of
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morphia has been granted under Rule 52 may import morphia produced out of India, but at no time shall
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the quantity imported and the quantity in stock exceed the amount fixed in the license.
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II.-Export.
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44. Government may export opium on its own account.

FURTHER GENERAL PROVISIONS REGARDING OPIUM IN TRANSIT.

45. Every officer of the Revenue, Excise, Salt, Police or Customs Department not inferior in rank to a Myook,

Sub-Inspector or Preventive Officer is authorized to detain, so long as may be reasonably necessary for

the inspection of the same, and to inspect any consignment of opium passing through his jurisdiction, and

to call for production of the pass under which defined opium is transported or imported.

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SALE.

I.- Sale by Wholesale.

46. Government may sell defined opium in quantities exceeding three tolas to a licensed retail vendor, to a

medical practitioner, or to a licensed pharmacist.

47. Subject to the conditions of his license, a licensed wholesale vendor in Upper Burma may sell defined

opium in quantities exceeding three tolas to a licensed wholesale vendor, or to a licensed retail vendor.

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48. A licensed retail vendor may sell defined opium in quantities exceeding three tolas-

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(i) to another licensed retail vendor in accordance with the provisions of Rule 66;

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(ii) to a person to whom a special license has been granted under Rule 18 or Rule 19 and who is permitted

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under the terms of the license to purchase opium from such licensed retail vendor, provided that the

quantity of opium sold to such person shall not exceed the quantity which the purchaser is authorized

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under the special license to possess.

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49. A medical practitioner may sell poppy-heads in quantities exceeding five seers, medical preparations
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other than morphia in quantities exceeding three tolas, morphia in quantities exceeding five grains and
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other opium in quantities exceeding three tolas in weight, to any person who is authorized to possess the
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same in such quantities.

50. Defined opium and medical preparations other than morphia may be sold in quantities exceeding three
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toals and not exceeding such larger quantities as the Financial Commissioner may prescribe in each case,

by a licensed pharmacist who has been authorized by the Financial Commissioner under Rule 14 to
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possess a larger quantity than one seer of defined opium and medical preparations other than morphia to

any person who is authorized to possess the same in such quantities. Correct accounts of such sales shall
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be kept in such form as the Financial Commissioner may from time to time prescribe.
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51. Subject to the conditions of his license, a licensed pharmacist to whom a license for the sale by wholesale
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of morphia has been granted may sell morphia in quantities exceeding five grains and not exceeding two
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ounces avoirdupois in weight to any person who is authorized to possess the same in such quantities.

52. The Deputy Commissioner, with the previous sanction of the Financial Commissioner, may grant a license

to a licensed pharmacist for the wholesale sale of morphia, and may fix the quantity of morphia to be

possessed under such license. Such fee, if any, as may be fixed by the Financial Commissioner, shall be

payable for the license.

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53. Subject to the payment of the fee fixed under Rule 54, a Commissioner of a Division in Upper Burma may

grant to any non-Burman a license for sale by wholesale of defined opium within his Division or any part

thereof.

54. The Financial Commissioner may fix the fee to be paid in each District for such a license.

55. Such license shall specify the District or Districts in which the sale of defined opium may be made under

it. It shall be in force from the date on which it is issued until the 1st April next following such date, and it

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shall then be returned to the Commissioner who issued it.

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II.- Retail Sale.

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56. (1) A medical practitioner may sell by retail opium for medical purposes only.

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(2) Subject to the conditions of his license and to the provisions of Rule 64 a licensed retail vendor may

sell by retail defined opium to any person who is permitted to possess such opium.

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(3) Subject to the conditions of his license a licensed pharmacist may sell by retail defined opium, medical

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preparations other than morphia or poppy-heads to any person for medical purposes only.
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(4) Subject to the conditions of a license issued in that behalf a licensed pharmacist may sell morphia by
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retail to any medical practitioner or licensed pharmacist duly licensed to sell morphia or for medical
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purposes only to any person who produces a prescription signed by a medical practitioner.

(5) Subject to the conditions of his license a licensed doctor may sell retail defined opium, medical
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preparations other than morphia or poppy-heads to any person for medical purposes only.

57. Unless the Fincancial Commissioner otherwise specially directs, a license for sale by retail shall be
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granted for one year only.

58. Such limited number of shops as the Financial Commissioner with the previous sanction of the Local
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Government may from time to time determine shall be established for the sale by retail of defined opium.
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A license for the sale by retail of defined opium at each shop shall be granted by the Deputy
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Commissioner to a person selected by him, subject to the approval of the Commissioner of the
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Division.

59. A Deputy Commissioner may grant a license-

(a) to any pharmacist for the sale by retail of defined opium, medical preparations other than morphia or

poppy-heads, or all or any of them, for medical purposes only;

(b) to any licensed pharmacist for the sale by retail of morphia for medical purposes only;

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 (Rules Under The Opium Act, 1878)

(c) to any doctor for the sale by retail of defined opium, medical preparations other than morphia or

poppy-heads, or all or any of them, for medical purposes only;

(d) to any tattooer for the possession of such quantity of defined opium not exceeding five tolas in weight,

as may be necessary for tattooing purposes.

60. Every person to whom a license is granted under Rule 58 or 59 for the sale by retail of defined opium or

medical preparations, or poppy-heads, or all or any of them, shall pay for his license such fee as the

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Financial Commisssioner may prescribe, and the fee shall be specified in the license and shall be payable

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in such instalments, and the instalments shall be payable at such times and places as the Financial

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Commissioner may direct.

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61. (1) A license for the retail sale of defined opium may be cancelled by the Deputy Commissioner if the

licensee or any person employed by him in the business of sale violates any provision of the Act or of

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these rules or any condition contained in the license, or if he is convicted of any offence during the term

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of the license. In such case the licensee shall not be entitled to any remission or compensation.
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(2) A license for the retail sale of defined opium may be cancelled by the Deputy Commissioner for
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reasons other than those specified in sub-rule (1), provided that-

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(a) he shall give thirty days’ notice of cancellation and remit a sum equal to the value of the license fee

for the unexpired period of the license on the date of expiration of the notice;
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(b) if no notice be given and the license is cancelled summarily he shall remit a sum equal to the value

of the license fee for the unexpired period of the license as well as a sum equal to the value of the
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license fee for a period of thirty days.

62. A licensed retail vendor may surrender his license after giving one month’s notice to Government.
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63. The retail rates at which defined opium is to be sold by the licensed retail vendor to the public shall be
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fixed by the Financial Commissioner for each shop established under Rule 58, and the licensed retail
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vendor shall sell at such rates.

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Manner in which Retail Sales are to be made.

64. (1) The sale limits of each opium shop established under Rule 58 shall be fixed by the Deputy

Commissioner, and each licensed retail vendor in Lower Burma shall be furnished with a list of registered

Burmans who reside within the sale limits of the shop.

(2) The Resident Excise Officer shall grant a consumer’s ticket in the prescribed form to each non-Burman

opium consumer and in Lower Burma to each registered Burman opium consumer who resides within

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 (Rules Under The Opium Act, 1878)

the sale limits of the shop and who desires to purchase defined opium. The daily allowance of defined

opium to the consumer shall be recorded on such ticket which shall contain necessary particulars for

identification of the consumer.

(3) A person applying for a consumer’s ticket shall furnish such correct particulars as are required for

entry on such ticket.

(4) If a person to whom a consumer’s ticket has been granted changes his residence into the sale limits of

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another shop, his ticket shall be withdrawn and a new ticket shall be granted to him by the Resident

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Excise Officer of the shop within the sale limits of which he is about to reside.

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(5) If a person to whom a consumer’s ticket has been granted desires to proceed temporarily outside the

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sale limits of the shop, the Resident Excise Officer may grant permission by endorsement on such

ticket to purchase defined opium at one or more other shops.

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(6) A licensed retail vendor may sell defined opium by retail-

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(a) to a non-Burman who resides within the sale limits of the shop and who produces a consumer’s
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ticket issued by the Resident Excise Officer;
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(b) in Lower Burma to a registered Burman whose name is entered in the list of registered Burmans
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within the sale limits of the shop and who produces a consumer’s ticket issued by the Resident

Excise Officer;
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(c) to a doctor or tattooer who resides within the sale limits of the shop;

(d) to a non-Burman who resides outside the sale limits of the shop;
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(e) in Lower Burma to a registered Burman who resides outside the sale limits of the shop; and

(f) to any person specially licensed under Rule 19, clause (1):
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Provided that in cases under sub-clauses (d) and (e) such non-Burman or registered Burman produces a
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consumer’s ticket endorsed for purchase at the shop by a Resident Excise Officer under sub-rule (5)
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and in cases under sub-clause (f) such person produces a special license granted to him by the Deputy
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Commissioner under Rule 19, clause (1).

(7) Each sale of opium shall be entered at the time of sale by the licensed retail vendor on the consumer’s

ticket.

(8) The Resident Excise Officer may limit the quantity of opium to be sold at one time to a consumer

under clause (6) of this rule, and the total quantity of opium sold to a consumer shall not exceed the

rate of daily allowance as entered by the Resident Excise Officer on the consumer’s ticket.

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 (Rules Under The Opium Act, 1878)

(9) The Financial Commissioner may declare that all or any of the provisions of clauses (1) to (8) of this

rule in so far as they relate to non-Burmans shall not apply wholly or in part within certain areas or to

certain classes of persons.

Accounts of Sale to be maintained by Licensed Retail Vendors.

65. Every licensed retail vendor shall keep in Burmese or English a detailed account of sales of defined opium

in the prescribed form or forms, and shall record therein, immediately after making each sale, the amount

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of opium sold to each person.

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Disposal of Opium remaining with a Licensed Vendor after expiration of his License.

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66. All defined opium remaining in the possession of a licensed retail vendor on the expiration or cancellation

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of his license shall, unless his license is renewed, be surrendered by him to the Deputy Commissioner or

be sold by him to the incoming licensed retail vendor or to such other licensed retail vendor as the

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Deputy Commissioner may direct, and at such rate as may be fixed by the Deputy Commissioner under

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the orders of the Financial Commissioner, and such incoming licensed retail vendor or other licensed
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retail vendor shall be bound, under penalty, if the Deputy Commissioner sees fit, of forfeiting his license,
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to buy such opium at the price fixed, and in any quantity not exceeding that which the Deputy
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Commissioner may determine to be ordinarily saleable in two months by such licensed retail vendor:

Provided that if the opium or any part thereof be declared by the Civil Surgeon to be unfit for use, the
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Deputy Commissioner shall cause it or part of it to be destroyed.

67. All morphia remaining in the possession of a pharmacist on his giving up business, or on the expiration of
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a license granted to him for the sale thereof, shall, unless a fresh license be obtained by him, be

surrendered to the Deputy Commissioner, who may require any licensed pharmacists authorized by the
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Financial Commissioner under Rule 14 to possess a larger quantity than three ounces of morphia, to
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purchase the surrendered morphia at such price as he may adjudge. Any pharmacist so authorized shall
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be bound, on penalty of cancellation of the authority to possess a larger quantity than three ounces of
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morphia, to purchase the surrendered morphia, or so much of it as the Civil Surgeon may declare to be fit

for use. The Deputy Commissioner shall cause to be destroyed such portion of the surrendered morphia

as may be declared by the Civil Surgeon to be unfit for use, and shall pay the price received for the sale of

so much as is not destroyed to the pharmacist by whom it was surrendered.

MISCELLANEOUS.

Disposal of things confiscated.

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 (Rules Under The Opium Act, 1878)

68. (1) All things confiscated under the Opium Act, 1878, except opium shall-

(a) if they are worthless, and unsaleable, be destroyed under the orders of the convicting Magistrate;

(b) if they possess a saleable value, be disposed of by public auction.

(2) Defined opium other than beinchi or pyaungchi and medical preparations so confiscated shall, if the

quantity exceeds one tola in weight, be sent for examination to the Civil Surgeon, and, if declared by

him to be fit for use, shall be disposed of in such manner as the Financial Commissioner may by

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general or special order direct. If the quantity of defined opium and medical preparations does not

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exceed one tola in weight, or if the opium and medical preparations examined by the Civil Surgeon be

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declared to be unfit for use, they shall be immediately destroyed in the presence of the Deputy

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Commissioner or some other officer deputed by him for the purpose. Such officer shall not be below

the rank of a Township Officer.

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(3) Poppy-heads so confiscated shall be disposed of as may be directed by the Deputy Commissioner.

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(4) Beinchi or pyaungchi and all preparations and admixtures of opium not included in the definition of
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defined opium or of medical preparation in these rules shall, when so confiscated, be immediately
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destroyed.
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69. The Financial Commissioner may direct to what classes of officers and others and within what limits

rewards shall be paid.

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Forms of Licenses, Passes, Permits and other documents.

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70. (1) The Financial Commissioner may prescribe the forms of licenses and passes granted under these rules
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and the forms of all registers, returns, accounts and other documents for which he considers that forms

should be provided.
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(2) The forms referred to in sub-rule (1) shall be consistent with the provisions of the Opium Act, 1878,
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and with these rules.

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Appeal and Revision.

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71. (1) An appeal shall lie from an order of a Deputy Commissioner or from an original or appellate order of a

Commissioner of a Division as follows, namely :-

(a) to the Commissioner of the Division, when the order is made by a Deputy Commissioner ;

(b) to the Financial Commissioner, when the order is made by a Commissioner of a Division :

Provided that when a Commissioner of a Division confirms on appeal the order of a Deputy Commissioner,

a further appeal shall not lie.

Page 17 of 19
 (Rules Under The Opium Act, 1878)

(2) The period of limitation for an appeal under sub-rule (1) shall run from the date of the order appealed

against, and shall be as follows :-

(a) when the appeal lies to the Commissioner of the Division, thirty days ;

(b) when the appeal lies to the Financial Commissioner, sixty days.

72. The Financial Commissioner may revise any order passed by a Deputy Commissioner or a Commissioner

under these rules.

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73. A petition of appeal from, or an application for revision of, an order must be accompanied by an

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authenticated copy of the order, or the omission to produce such copy must be explained.

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74. Any officer who has passed an order under these rules, other than an order in the course of a judicial

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proceeding, may of his own motion, or on the application of any person concerned, cancel or modify such

order.

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ADDITIONAL RULES FOR SPECIAL LOCALITIES.

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(a) Manufacture and Possession.
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75. In the Bhamo, Myitkyina, Katha and Ruby Mines Districts and in the Homalin Subdivision of the Upper
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Chindwin District a non-Burman of any race indigenous to the District may manufacture and possess
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katpon or katku, that is an admixture of opium with plantain leaf, provided that the katpon or katku is
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prepared from defined opium which such person is permitted to possess under these rules, and provided
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also that the total quantity of katpon or katku and defined opium possessed by such person shall not

exceed three tolas in weight.

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76. In the Bhamo, Myitkyina, Katha and Ruby Mines Districts a non-Burman may possess defined opium not

exceeding 3 tolas in weight which he has bought in a Kachin Hill Tract from a member of a Kachin Hill
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Tribe.
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77. Subject to the conditions of his license, a non-Burman holding a license granted under the Kachin Hill
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Tribes Regulation, 1895, for the transport of opium from one Kachin Hill Tract to another non-
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conterminous Hill Tract in the Bhamo, Myitkyina or Katha District, may possess the opium covered by the

license.

78. In such areas in the Myitkyina District as may be notified by the Commissioner of the Division, a

permanent Kachin resident may possess defined opium not exceeding 25 tolas in weight which he has

bought from a licensed retail vendor, or which he has brought from a Kachin Hill Tract by a route

authorized by the Deputy Commissioner in this behalf.

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 (Rules Under The Opium Act, 1878)

79. In the Bhamo and Myitkyina Districts the head of a caravan which his entered the District from the Shan

States may possess during the journey defined opium, the produce of the Shan States, under and subject

to the conditions of a license in the prescribed form granted by the Deputy Commissioner or such other

officer as the Deputy Commissioner may authorize in that behalf.

(b) Import.

80. The head of a caravan may bring into the Bhamo or Myitkyina District from the Shan States defined

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opium the produce of the Shan States in respect of which on its entry into the District he shall obtain a

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license under Rule 79 and pay duty at such rates as may be prescribed by the Deputy Commissioner.

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(c) Sale.

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81. A permanent Kachin resident in an area in the Myitkyina District which has been notified by the

Commissioner under Rule 78 may sell defined opium in quantities not exceeding 25 tolas in weight to

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another permanent Kachin resident in the same area.

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G. F. ARNOLD,
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Rev. Secy. to the Govt. of Burma.

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Page 19 of 19