POISONS, OPIUM, AND DANGEROUS DRUGS ORDINANCE

Arrangement of Sections

CHAPTER I

PRELIMINARY

1. Short title.

2. Interpretation.

3. Calculation of percentages.

CHAPTER II

POISONS

4. Meaning of poison.

5. Restrictions on sale and dispensing of poisons.

6. Pharmacists.

7. Medical practitioners and dentist.

8. Veterinary surgeons.

9. Poisons for use in agriculture.

10. Wholesale druggists.

11. Estate hospitals.

12. Vederalas.

13. Sale to persons under twelve years of age.

14. Duties with regard to prescriptions.

15. Excessive doses.

16. Standard of strength of drugs.

17. Sale to unknown persons.

18. Sale of poisons in Part III of the First Schedule.

19. Vendor to enter particulars of sale of poisons in a book.

20. Labeling poisons for sale.

21. Labeling of poisonous substances for sale.

22. Storage of poisons.

23. Arsenic.

24. Regulations for the purposes of this Chapter.

25. Analysis of samples.

CHAPTER III

POPPY, COCA, AND INDIAN HEMP PLANTS

26. Definitions-poppy plant, coca plant, and hemp plant.

27. Prohibition against cultivation of poppy.

28. Prohibition against import and export of poppy.

29. Prohibition against possession, use of any preparation from the hemp plant, poppy plant or the coca plant.

30. Exception in favour of preparations and cordage.

CHAPTER IV

RAW AND PREPARED OPIUM

31. Definitions of raw opium "prepared opium”, and "registered consumer”.

32. Restriction on import and export of raw or prepared opium.

33. Restriction on possession of raw opium and opium dross.

34. Restriction on supply of raw supply or prepared opium.

35. Distribution of raw or prepared opium among registered, consumers.

36. Restriction on consumption raw or prepared opium.

37. Prohibition against use of premises for consuming of opium.

38. Special directions as to quantity and reduction of allowance.

POISONS, OPIUM AND DANGEROUS DRUGS

39. Quantity permitted.

40. Cancellation of registration.

41. Consumer to surrender certificate on cancellation.

42. Registration of vederalas.

43. Supply to vederalas.

44. Proof of registers.

45. Regulations for giving effect to this Chapter.

46. Omitted.

47. Savings for raw opium transit.

CHAPTER V

DANGEROUS DRUGS

48. Definitions.

49. Repealed.

50. Repealed.

51. Restrictions on wholesale trade of dangerous drugs.

52. Restriction on possession and consumption.

53. Prohibition against manufacture.

54. Restriction on sale and supply.

54A. Prohibition against manufacture, trafficking, import or export and possession of dangerous drugs.

54B. Abetting in the commission of an offence under section 54A.

55. Supply to medical practitioners and others.

56. Supply by medical practitioners, dentists, and veterinary surgeons.

57. Supply by pharmacists.

58. Power to withdraw authorisation.

59. Prescriptions.

60. Marking of containers.

61. Duties of person supplying dangerous drugs.

62. Records to be preserved for two years.

63. Delivery to messengers.

64. Disposal of dangerous drugs on death.

65. Hypodermic syringes.

66. Supply to hospital, laboratories, and apothecaries.

67. Application of this Chapter to certain specified drugs.

68. Regulations.

CHAPTER VI

TRANSIT AND TRANSHIPMENT OF OPIUM AND DANGEROUS DRUGS AND PLANTS

69. Definition of "restricted articles”.

70. Restriction on transit and transhipment.

71. Restriction on treatment and repacking in bonded warehouse.

72. Seizure and forfeiture.

CHAPTER VII

SUPPLEMENTARY

73. Application of Customs Ordinance.

74. Prohibition against false other person.

75. Refusal and cancellation of licences and imposition of fees.

76. Powers of inspection.

77. Search warrants.

77A. Analysis.

77B. Protection of the identity of an informer.

78. General penalty.

78A. Payment of certain fines to the police Reward Fund.

79. Forfeiture.

79A. Control of acetylating substance.

80. Regulations.

81. Protection of Public Officers.

82. Special provisions regarding persons arrested under Chapter V.

83. No bail for an offence under sections 54A or 54B except in exceptional circumstances.

SCHEDULES.

17 of 1929,

43 of 1935,

12 of 1939,

35 of 1939,

14 of 1941,

12 of 1952,

16 of 1953,

42 of 1953,

22 of 1955,

13 of 1984,

26 of 1986.

AN ORDINANCE to amend and consolidate the law relating to Poisons, Opium, and Dangerous Drugs.

[Date of Commencement: 1st January, 1936]

CHAPTER I

PRELIMINARY

1. Short title.

This Ordinance may be cited as the Poisons, Opium, and Dangerous Drugs Ordinance.1

2. Interpretation.

(1) In this Ordinance, unless the context otherwise requires”

"container” includes package, bottle, or other receptacle;

"Director” means the Director of Health Services;

"dispense” includes compound;

"Government Agent” includes Assistant Government Agent;

"local authority” means—

(a) as respects any area within the administrative limits of a Municipal Council, Urban Council or Town Council, the Mayor or Chairman of such Council;

(b) as respects any place not within the aforesaid administrative limits, the Government Agent in charge thereof;

"medical practitioner”, "dentist”, and "pharmacist” respectively means persons registered as such under the Medical Ordinance;

"regulation” means a regulation made under this Ordinance and published in the Gazette, and includes the First, Second, Third, Fourth, Fifth and Sixth Schedules;

"veterinary surgeon” means a veterinary surgeon holding a licence from the local authority to act as such;

"wholesale druggist” means any person holding a licence from the local authority to act as such.

(2) For the purposes of this Ordinance, anything in the order, disposition, power, or control of a person is deemed to be in his possession.

3. Calculation of percentages.

Unless otherwise prescribed by regulation, percentages in the case of liquid preparations shall, for the purposes of this Ordinance, be calculated on the basis that a preparation containing one per centum of any substance means a preparation in which one gramme of the substance, if a solid, or one milliliter of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

CHAPTER II

POISONS

4. Meaning of poison.

(1) In this Ordinance, unless the context otherwise requires—

"poison” means any article specified in Parts I, II and III of the First Schedule;

"poisonous substance” means any of the substances specified in Part IV of the First Schedule.

(2) In this Chapter, unless the context otherwise requires, "medical practitioner” includes an apothecary entitled to practise medicine under section 41(1)(a) or (b) of the Medical Ordinance.

5. Restrictions on sale and dispensing of poisons.

(1) No person shall dispense or sell any poison except as permitted by, or otherwise than in accordance with, the provisions of this Ordinance.

(2) Where any person, who is permitted by the provisions of this Ordinance to dispense or sell poisons, ceases at any time to be entitled or to be qualified in accordance with those provisions to dispense or sell poisons, all such stock of poisons as may at that time be in his possession shall be disposed of by him within such period, in such manner, and in conformity with such restrictions or conditions, as may be prescribed by regulations. A sale of a stock of poisons effected by any person in accordance with such regulations shall not be deemed to be a contravention of the provisions of subsection (1), notwithstanding that such person may not at the time of the sale be qualified in accordance with the provisions of this Ordinance to sell any poison.

6. Pharmacists.

(1) A pharmacist may dispense and sell poisons for the purposes of and in the course of his business or practice as a pharmacist.

(2) Any person who assumes and uses the title of pharmacist under the provisions of subsection (3) of section 58 of the Medical Ordinance, may sell poisons if he employs a registered pharmacist personally to superintend and manage the sale and the dispensing of poisons.

7. Medical practitioners and dentist.

A medical practitioner or dentist, or a Government apothecary who, under section 41(1)(a) or (b)2 of the Medical Ordinance, is entitled to practise medicine and surgery for gain may dispense and sell poisons for the use of his patients.

8. Veterinary surgeons.

A veterinary surgeon may dispense and sell poisons for the treatment of animals.

9. Poisons for use in agriculture.

(1) —

(a) A person holding a licence from the local authority to sell specially prepared poisons by retail may sell such poisons subject to such restrictions or exceptions as may be prescribed by regulations.

(b) For the purposes of this section "specially prepared poisons” means poisons designed and intended to be used exclusively—

(i) for the purposes of photography;

(ii) in agriculture and horticulture;

(iii) for the destruction of insects, fungi, bacteria or weeds;

(iv) for the preservation of skins or timber or for such other industrial purposes as may be prescribed by regulations;

(v) for the veterinary treatment of animals.

(2) Every such licence shall, unless previously revoked, remain in force for one year.

(3) Every such licence shall be charged with a fee of fifteen rupees payable to the local authority.

10. Wholesale druggists.

A wholesale druggist may, in the ordinary course of wholesale dealing—

(a) sell any poison to a pharmacist or to a person who assumes and uses the title of pharmacist under the provisions of subsection (3) of section 58 of the Medical Ordinance, or to a medical practitioner, a dentist, a veterinary surgeon, a vederala, or to an apothecary entitled to dispense and sell poisons for the use of his patients, or sell any poison for the use of an estate hospital or dispensary established under the Medical Wants Ordinance;

(b) sell to a person licensed by a local authority any poison which that person is authorised to sell.

11. Estate hospitals.

A dispenser appointed under the Medical Wants Ordinance, and an estate dispenser3 appointed by a superintendent to an estate or group of estates with the approval of the Director of Health Services, but only during the time he is actually so employed, may dispense poisons for the use of the estate hospital or dispensary to which he is attached.

12. Vederalas.

A vederala may dispense and sell poisons to and for the treatment of his patients, but not in a form unfitted for use as medicine, or in a larger quantity than is necessary for the treatment of the patient to whom it is supplied.

13. Sale to persons under twelve years of age.

(1) No person shall sell, supply, or deliver any poison to a person under twelve years of age, except on the prescription of a medical practitioner prescribing the poison for the use of that person.

(2) Nothing in this section shall prevent a medical practitioner, dentist, vederala, an apothecary entitled to dispense and sell poisons for the use of his patients, or a dispenser entitled to dispense poisons under section 11 from selling, supplying, or delivering poison to a person under twelve years of age for the purposes of the medical or dental treatment of that person.

14. Duties with regard to prescriptions.

(1) A person who dispenses any prescription, whether containing a poison or regard to not, shall before delivery—

(a) cause a copy of the prescription to be entered in a book (hereinafter called the "Prescription Book”); and

(b) write his name or initials on, or on a label attached to, the container containing the drug.

(2) A container or label attached thereto having the name or initials of a pharmacist thereon shall be sufficient prima facie evidence that the drug in the container was dispensed or compounded by him.

15. Excessive doses.

No person shall dispense any prescription in which the maximum dose of any poison exceeds that laid down in the current edition of the British Pharmacopoeia, unless such dose is specially initiated by the prescriber.

16. Standard of strength of drugs.

No person shall sell or dispense any drug or poison which is stale or unfit for use, or any drug or poison not of the nature, substance, quantity, or quality demanded by the purchaser or specified in the prescription, or, except in accordance with the prescription of a medical practitioner, any drug not being of the standard of strength, quality and purity laid down in the current edition of the British Pharmacopoeia.

17. Sale to unknown persons.

No person shall sell a poison specified in Part I of the First Schedule to a person unknown to the vendor unless the purchaser is introduced by some person known to the vendor, or, where the vendor is a pharmacist, unless the purchaser either is introduced by some person known to the vendor or produces the prescription of a medical practitioner prescribing the poison and the vendor has no reason to suspect that the prescription is not genuine or that the purchaser is not the person for whom the poison was prescribed.

18. Sale of poisons in Part III of the First Schedule.

(1) No person shall sell any poison included in Part III of the First Schedule, except on and in accordance with a prescription given by a medical practitioner, dentist, or veterinary surgeon, or by a Government apothecary who, under section 41(1)(a) or (b) of the Medical Ordinance is entitled to practise medicine and surgery for gain.

(2) Subsection (1) shall not apply to a sale of any of the poisons referred to therein to a pharmacist by a wholesale druggist in the ordinary course of wholesale dealing.

(3) For the purpose of this section a prescription shall—

(a) be in writing, dated and signed by the prescriber with his usual signature, set out his surname and address, and specify the name and address of the person for whose use the prescription is given, the total amount of the poison to be supplied on the prescription, and the dose to be taken;

(b) where it is marked given by a dentist, be For dental treatment only or, where it is given by a veterinary surgeon, be marked "For animal treatment only”.

(4) The person dispensing the prescription shall comply with the following requirements—

(a) the prescription must not be dispensed more than once unless the prescriber has stated thereon that it may be dispensed more than once;

(b) if the prescription contains a direction that it may be dispensed a stated number of times or at stated intervals, it must not be dispensed otherwise than in accordance with such direction;

(c) at the time of the dispensing there must be noted on the prescription, above the signature of the prescriber, the name and address of the person dispensing the prescription and the date on which it is so dispensed.

19. Vendor to enter particulars of sale of poisons in a book.

(1) On every sale of poison, the vendor shall, before delivery, cause the particulars specified in Part V of the First Schedule to be entered in a book (hereinafter called "the Sale of Poisons Book”) and to be signed by himself or the person who dispensed or sold the poison and by the purchaser and his introducer, if any.

(2) Subsection (1) shall not apply to poison supplied—

(a) by a medical practitioner for the treatment of his patient; or

(b) by a pharmacist on the prescription of a medical practitioner, if the prescription and the name and address of the patient or the purchaser, or the name of the patient and the name and address of the person to whom the poison is delivered, are forthwith entered in the Prescription Book; or

(c) by a wholesale druggist in the ordinary course of wholesale dealing to a pharmacist keeping open shop for the sale of drugs by retail.

(3) It shall not be necessary for an entry in the Sale of Poisons Book to be signed by the purchaser where the purchaser is a medical practitioner, and the purchase is made for the purpose of his profession and the following conditions are fulfilled, namely—

(a) there must have been received by the vendor before the sale an order in writing signed by the purchaser stating his name and address and the name and quantity of the article to be purchased;

(b) the vendor must be reasonably satisfied that the signature affixed to the order is in fact the signature of the person purporting to sign it, and that that person is a medical practitioner;

(c) the vendor must enter in the Sale of Poisons Book, in the column assigned to the signatures of purchasers, the words "signed order” followed by the date on which the order is executed, and must preserve the order for a period of two years from the date on which the final entry in the book is made:

Provided that, if a vendor is reasonably satisfied that a medical practitioner desiring to purchase a poison urgently requires it for the purpose of his profession, but is, by reason of some emergency, unable, before delivery, either to furnish to the vendor an order in writing duly signed, or to attend and sign the book, the vendor may send the poison to the purchaser to be handed over to him either in exchange for such an order or on an undertaking by the purchaser to furnish such an order to the vendor within the forty-eight hours next following.

(4) If any purchaser by whom any such undertaking as aforesaid has been given fails to deliver to the vendor a signed order in accordance with the undertaking, or if any person for the purpose of obtaining delivery of any poison under the foregoing proviso makes a statement which is to his knowledge false, he shall be deemed to have contravened the provisions of this Ordinance.

(5) This section applies to dentists and veterinary surgeons in like manner as it applies to medical practitioners.

20. Labeling poisons for sale.

(1) No person shall sell any poison unless the container is distinctly labelled or marked with the name and address of the vendor, with the word "Poison” or "Poisonous” in Sinhala, Tamil and English, and with the name of the poison and, in the case of a preparation which contains a poison as one of the ingredients thereof, with such particulars as to the proportion which the poison contained in the preparation bears to the other ingredients as may be prescribed by regulation.

(2) Subsection (1) shall not apply to sales by or on the prescription of a medical practitioner—

(a) of poison intended for internal use as a medicine if the name and address of the vendor and explicit directions for its use are written on the container in Sinhala, Tamil, or English at the discretion of the pharmacist;

(b) of poison intended for external use as a medicine if the name and address of the vendor and explicit directions for its use are written on the container in Sinhala, Tamil or English at the discretion of the pharmacist, and the word "Poison” or "Poisonous” in Sinhala, Tamil and English is written on the container.

(3) No person shall sell any liquid containing poison in a container containing less than one reputed quart unless the container is rendered distinguishable by touch from ordinary containers.

(4) Subsection (3) shall not apply to sales of poison intended for internal use as medicine if explicit directions for its use and the word "Poison” or "Poisonous” in Sinhala, Tamil and English are written on the container, or to sales of poisons by wholesale druggists in the ordinary course of wholesale dealings.

21. Labeling of poisonous substances for sale.

(1) No person shall sell any poisonous substance except in a container labelled or marked with the name of the substance, the words "Poison” or "Poisonous, not to be taken” in Sinhala, Tamil and English, and with the name and address of the vendor.

(2) No person shall sell any liquid poisonous substance in a container containing less than one reputed quart unless the container is rendered distinguishable by touch from ordinary containers.

(3) Subsection (2) shall not apply to sales of poisonous substances by wholesale druggists in the ordinary course of wholesale dealings.

22. Storage of poisons.

No person shall keep any poison in any warehouse, shop, or dispensary, unless—

(a) the container is labelled or marked with the word "Poison” or "Poisonous” in Sinhala, Tamil and English, and with the name of the article; and

(b) such poison is kept in one or other of the following ways, namely—

(i) in a bottle or vessel tied over, capped, locked, or otherwise secured in a manner different from that in which bottles or vessels containing other articles are secured in the same warehouse, shop, or dispensary; or

(ii) in a bottle or vessel rendered distinguishable by touch from the bottles or vessels in which other articles are kept in the same warehouse, shop, or dispensary; or

(iii) in a bottle, vessel, box, or package in a room or cupboard set apart for the storage of poisons.

23. Arsenic.

(1) No person shall sell any arsenic which is not before the sale mixed with soot or indigo in the proportion of not less than one ounce of soot or half an ounce of indigo to one pound of the arsenic, and so in proportion for any greater or less quantity.

(2) In this section "arsenic” means arsenious oxide or arsenious acid (commonly known as white arsenic) in the form of lumps or powder, and whether chemically pure or not.

(3) This section shall not apply to sales—

(a) by wholesale druggists to medical practitioners, dentists, veterinary surgeons, pharmacists, vedaralas, or apothecaries; or

(b) by or on the prescription of a medical practitioner or dentist.

24. Regulations for the purposes of this Chapter.

Regulations may be made for the purposes of this Chapter—

(a) prescribing the period within which, the manner in which, and the restrictions and conditions in conformity with which, any stock of poisons in the possession of any person referred to in section 5(2) shall be disposed of by such person;

(b) imposing the restrictions or exceptions, and prescribing the industrial purposes, referred to in section 9;

(c) restricting and regulating the possession and transport of poisons by persons who are wholesale druggists or holders of licences to sell specially prepared poisons by retail; and

(d) prescribing the nature or description and the quantities of the poisons which may be kept for sale and sold by persons who are wholesale druggists or holders of licenses to sell specially prepared poisons by retail and the precautions to be taken in relation to such poisons by such persons.

25. Analysis of samples.

(1) Any medical practitioner serving in the Department of Health, or any Collector of Customs, or any Superintendent or Assistant Superintendent of Police, or any person authorised in writing by any such medical practitioner, Collector, Superintendent, or Assistant Superintendent, may purchase a sample of any drug or poison for analysis by an authorised analyst.

(2) The person purchasing the sample shall forthwith notify to the seller, or his agent selling the article, his intention to have the same analysed by an authorised analyst, and shall divide the article into two parts to be then and there separated and cause each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall deliver one of such parts to the seller or his agent, and the other, if he deems it right to have the article analysed, to an authorised analyst. The seller of any such article so sold may affix his own private seal to the sample so obtained in such a manner as not to interfere with the seal affixed by the authorised person.

(3) If two or more articles, purporting to be of the same nature, size, or weight, and quality, are purchased for analysis—

(a) the purchaser, instead of dividing each article into two parts, may, if he thinks fit, cause, as near as may be, half the number of such articles to be separated, fastened up, marked, sealed, and delivered to the seller or his agent and cause, as near as may be, half the number of such articles to be separated, fastened up, marked, sealed, and delivered to an authorised analyst for analysis;

(b) the authorised analyst, if any such article singly is too small to be conveniently analysed as a separate sample, may mix together two or more of such articles and analyse them as a single sample.

(4) No pharmacist keeping open shop for the sale or dispensing of drugs shall refuse to sell for analysis under the foregoing provisions of this section any drug or poison exposed or kept for sale or apparently intended for use in dispensing medicines.

(5) In any proceedings under this Ordinance, the production of a certificate signed by an authorised analyst with regard to any sample procured for analysis under this section shall be prima facie evidence of the facts therein stated, and no proof need be given of the signature or appointment of the person signing the certificate.

(6) In this section "authorised analyst” means the Government Analyst, an Assistant Government Analyst, and any other person authorised by the Minister by notice in the Gazette to act as such.

CHAPTER III

POPPY, COCA, AND INDIAN HEMP PLANTS

26. Definitions-poppy plant, coca plant, and hemp plant.

In this Ordinance, unless the context otherwise requires—

"poppy plant” means the plant known as Papaver somniferum L;

"coca plant” means any plant of the genus Erythroxylum from which cocaine can be extracted, either directly or by chemical transformation;

"hemp plant” means the plant known as Cannabis saliva L.

27. Prohibition against cultivation of poppy.

No person shall, without the licence of the Minister, sow, plant, cultivate, obtain, or have in his possession any poppy plant, coca plant, or hemp plant, or collect or have in his possession the seeds, pods, leaves, flowers, or any part of any such plant.

28. Prohibition against import and export of poppy.

No poppy plant, coca plant, or hemp plant, or seeds, pods, leaves, flowers, or any part of any such plant or any preparation thereof, shall be imported or brought into or exported from Sri Lanka.

[S 28 subs by s 2 of Act 13 of 1984.]

29. Prohibition against possession, use of any preparation from the hemp plant, poppy plant or the coca plant.

Except as provided for in Chapters IV and V hereafter, no person shall collect, prepare, process, sell or offer for sale, manufacture, store, obtain or have in his possession, consume, distribute or use—

(a) any resin obtained from the hemp plant for the preparations or extracts from the hemp plant commonly known as bhang, hashish or ganja or any other preparation of which such resin forms a part;

(b) any exudates obtained from the poppy plant or the preparation of or extracts from the poppy plant commonly known as opium, morphine, heroin or any other preparations of which such resin forms a part; and

(c) any preparations, alkaloids and salts from the coca plant.

[S 29 subs by s 2 of Act 13 of 1984.]

30. Exception in favour of preparations and cordage.

Nothing in this Chapter shall affect the lawful import, export, supply, manufacture, use, or possession of galenical preparations (extract and tincture) of the hemp plant under Chapter V, or of hemp rope or cordage, or of hemp fibre suitable for manufacture into rope or cordage, or the transit, in accordance with the provisions of Chapter VI, of any article referred to in sections 27, 28 and 29, through Sri Lanka or the territorial waters4 or any port of Sri Lanka, whether with or without transhipment or unshipment.

CHAPTER IV

RAW AND PREPARED OPIUM

31. Definitions of raw opium "prepared opium”, and "registered consumer”.

In this Ordinance, unless the context otherwise requires”—

"raw opium” means the spontaneously coagulated juice obtained from the capsules of the Papaver somniferum L, which has only been submitted to the necessary manipulations for packing and transport, whatever its content of morphine;

"prepared opium” means raw opium which has undergone the processes necessary to adapt it for smoking, and includes opium dross and any other residues remaining after opium has been smoked;

"registered consumer” means a person who, on the date on which this Ordinance comes into operation, is a consumer of opium registered under the Opium Ordinance, 1910.5

32. Restriction on import and export of raw or prepared opium.

(1) No person, except the Director acting under the authority of the Minister, shall import or bring into Sri Lanka any raw or prepared opium.

(2) The Minister may, from time to time, authorise the Director to purchase and import on behalf of the Government such quantities of raw and prepared opium as may be required in Sri Lanka for medical or scientific purposes or for supply to registered consumers or registered vederalas. In importing such opium the Director shall comply with the regulations in Part II of the Third Schedule so for as applicable.

(3) No person shall export any raw or prepared opium from Sri Lanka.

(4) The Director may, subject to such conditions as he may think fit to impose, supply and grant licences for the use of raw or prepared opium for scientific purposes.

33. Restriction on possession of raw opium and opium dross.

No person shall prepare, treat, or have in his possession any raw or prepared opium except as allowed by this Ordinance or by regulation or otherwise than in accordance with the terms of any licence for its use for scientific purposes granted by the Director.

34. Restriction on supply of raw supply or prepared opium.

No person shall supply or procure, or offer to supply or procure, raw or supply or prepared opium to or for any person, whether in Sri Lanka or elsewhere, except as permitted by, or otherwise than in accordance with, the provisions of this Ordinance or any regulation.

35. Distribution of raw or prepared opium among registered, consumers.

(1) The Director may in his discretion distribute raw or prepared opium to registered consumers or registered ayurvedic practitioners as provided for in the Act.

[S 35(1) subs by s 2 of Act 26 of 1986.]

(2) Such distribution shall be effected through opium officers who shall be—

(a) Public Officers in the Department of Health specially appointed by the Director to be opium officers; and

(b) officers in charge of all hospitals and dispensaries of the Department of Ayurveda appointed by the Commissioner for Ayurveda to be opium officers.

[S 35(2) subs by s 2 of Act 26 of 1986.]

(3) The Director shall keep and revise, from time to time, a register of all opium officers.

(4) An opium officer may on behalf of the Government deliver, on payment of the prescribed price and in accordance with any regulations applicable, raw or prepared opium to—

(a) a registered consumer for his personal consumption;

(b) a registered vederala for the treatment of his patients.

(5) an opium officer shall not receive any commission on, or profit from, the distribution of opium.

36. Restriction on consumption raw or prepared opium.

No person shall consume raw or prepared opium, whether by eating or smoking, except, in accordance with the provisions of this Ordinance—

(a) opium supplied to him as a registered consumer; or

(b) opium supplied to him by a registered vederala for his treatment when ill.

37. Prohibition against use of premises for consuming of opium.

No person shall knowingly suffer or permit any premises in his possession to be used as a place of resort for the purpose of eating, smoking, storing, consuming or administering any opium or any preparation thereof.

[S 37 subs by s 3 of Act 13 of 1984.]

38. Special directions as to quantity and reduction of allowance.

(1) The Minister may, from time to directions as to time, give directions as to the quantity of reduction of opium which may be allowed to a registered consumer, and in particular for the gradual reduction of the allowance of opium to an addict certificate of registration.

(2) The Government Agent of the area where any registered consumer ordinarily resides shall issue to that consumer a certificate of registration—

(a) specifying his allowance of opium, and the opium officer from whom it may be obtained;

(b) stating whether the allowance is intended to be used for smoking or eating; and

(c) including also such special directions or restrictions as the Minister may have given or imposed by order made in that behalf.

POISONS, OPIUM AND DANGEROUS DRUGS

39. Quantity permitted.

(1) No registered consumer shall have in his possession at any one time any quantity of opium in excess of five weeks' supply, computed on the basis of the allowance specified in the certificate of registration issued to him and in accordance with such directions as may be given by the Minister under section 38.

(2) No registered consumer shall—

(a) part with the possession of the certificate of registration issued to him or of any opium supplied to him; or

(b) be party or privy to the use by any other person of such certificate or opium.

40. Cancellation of registration.

(1) The Minister may at any time Cancellation of direct the registration of a consumer to be cancelled.

(2) A Government Agent shall cancel the registration of a consumer who has not been supplied with opium for six consecutive months.

(3) A Government Agent may, if he thinks fit, cancel the registration of a consumer who is convicted of an offence which, in the opinion of the Government Agent, shows him to have abused his privilege of obtaining opium.

(4) Every decision of a Government Agent under this section shall be subject to appeal to the Minister.

41. Consumer to surrender certificate on cancellation.

(1) Whenever the registration of a consumer is cancelled or his allowance of opium is altered or suspended, the Government Agent shall forthwith inform the consumer, who shall within fourteen days of being so informed surrender his certificate to the Government Agent.

(2) A Government Agent shall keep and revise, from time to time, a register of all consumers of opium registered in his district.

42. Registration of vederalas.

(1) In this Ordinance, "registered vederala” means a person who at the commencement of this Ordinance is registered as a vederala under the Opium Ordinance, 1910. or who is registered as a vederala under this Ordinance.

(2) The Minister shall, from time to time, appoint for each province, or, if he thinks fit, for any administrative district, a board consisting of the Government Agent, who shall be Chairman, and such other persons as the Minister shall think fit to appoint. Any board appointed under the corresponding provisions of the Opium Ordinance, 1910. shall be deemed to have been appointed under this section.

(3) It shall be the duty of every such board to deal with applications for registration by vederalas, and to direct or refuse registration in their discretion, and from time to time, to fix the amount of opium which may be supplied to any registered vederala.

(4) The board shall cancel the registration of a vederala who ceases to practise or is convicted of an offence which, in the opinion of the board, shows him to be unfitted to be entrusted with opium.

(5) Every decision of the board under this section shall be subject to appeal to the Minister.

(6) A Government Agent shall keep and revise, from time to time, a register of vederalas registered in his district.

43. Supply to vederalas.

(1) The Government Agent shall issue a certificate of registration to every registered vederala specifying the quantity of opium which may be supplied to him and the opium officer from whom it may be obtained.

(2) Whenever the registration of a vederala is cancelled or his allowance of opium is altered, the Government Agent shall forthwith inform the vederala, who shall within fourteen days of being so informed surrender his certificate to the Government Agent.

(3) —

(a) No registered vederala shall have in his possession, at any time, any quantity of opium in excess of eight months' supply, computed on the basis of the rate or quantity specified in the certificate of registration issued to him.

(b) No registered vederala shall supply opium for eating or smoking or for any purpose other than the treatment of disease; and in the treatment of disease, no opium shall be supplied to any patient in any form other than that of a medicinal preparation, or in any quantity at any one time exceeding the total of the doses prescribed for that patient for three days.

44. Proof of registers.

(1) An extract from or copy of any register kept by a Government Agent or the Director under this Chapter or under any regulations contained in the Second Schedule certified as correct by the Government Agent or, in the case of a register kept by the Director, by the Director, shall be admissible in evidence without proof and shall be sufficient prima facie evidence of the facts stated therein.

(2) The certificate of the Government Agent or the Director that the name of any person does or does not appear in such register shall be admissible in evidence and shall be sufficient prima facie evidence of the fact.

(3) For the purposes of this section, no proof need be given unless the court otherwise requires, of the signature of the Government Agent or Director or of his appointment.

45. Regulations for giving effect to this Chapter.

The provisions of this Chapter shall Regulations for be carried into effect in accordance with the regulations contained in the Second Schedule.

646. Omitted.

47. Savings for raw opium transit.

Nothing in this Chapter shall affect the transit, in accordance with the in provisions of Chapter VI, of any raw opium through Sri Lanka, or the territorial waters or any port of Sri Lanka, whether with or without transhipment or unshipment.

CHAPTER V

DANGEROUS DRUGS

48. Definitions.

For the purposes of this Ordinance unless the context otherwise requires—

(1) the drugs, substances, articles or preparations, specified for the time being in Groups A, B, C, D and E in Part I of the Third Schedule, shall be deemed to be dangerous drugs; and

(2) no person shall be deemed to be a veterinary surgeon unless he holds a licence from the local authority to act as such and, in addition, a licence from the Director to exercise the privileges conferred on veterinary surgeons by this Chapter.

49. .

[ S 49 rep by s 4 of Act 13 of 1984.]

50. .

[S 50 rep by s 4 of Act 13 of 1984.]

51. Restrictions on wholesale trade of dangerous drugs.

(1) All wholesale trade within Sri Lanka in any of the drugs, substances, articles or preparations, specified for the time being in Groups B and C, and all retail trade in any of the drugs, substances, articles or preparations, specified for the time being in Group B, in Part I of the Third Schedule, shall be subject to the regulations made in that behalf.

(2) No person shall conduct or participate in the wholesale trade referred to in subsection (1) until regulations are made as aforesaid or otherwise than in accordance with those regulations.

(3) The sale, dispensing, possession, and use of dangerous drugs are subject to the same restrictions as are other poisons under Chapter II, and, in addition, to the provisions of this Chapter and such regulations as may be made in that behalf.

52. Restriction on possession and consumption.

(1) No person shall obtain or have in his possession any dangerous drug except as permitted by, or otherwise than in accordance with, the provisions of this Chapter or a licence of the Director.

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