(1) The [State Government] 1 may, by notification, make rules for the purpose of carrying out the provisions of t his Act.
(2) In particular awl without prejudice to the generality of the power conferred by sub-section (1), such rules may-
(a) prescribe the authority by whom and the manner in which, the register reformed to in section 3 shall be prepared and maintained ;
(b) regulate the conditions and restrictions subject to which a registered smoker may manufacture, possess or smoke prepared opium;
(c) prescribe the conditions under which and the authority by whom the name of a registered smoker may be removed from the register;
(d) regulate the disposal of things confiscated under this act, and
(e) prescribe and regulate the payment of rewards out of fines imposed under this Act,
(3) The power conferred by this section for making rules is subject to the condition that the rules be made after previous publication :
Provided that any such rules may be made without previous publication if the [State Government] 1 considers that they should be brought into force at once.
Liability of a registered smoker to the removal of his name from the register of smokers
11. Any registered smoker who does not comply with the conditions and observe the restrictions prescribed by rules made under this Act, shall, in addition to the penalties hereinafter prescribed, be liable to have his name removed from the register of smokers.
CHAPTER III For smoking by un Registered smoker
12. Whoever, not being a registered smoker, smokes prepared opium shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.
For unauthorised manufacture or possession of prepared opium
13. Whoever, in contravention of section 4, manufactures or has in his possession prepared opium or assists any other person in the manufacture of prepared opium, shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees, or with both.
1- Subs. by A. O. 1950 for (Provincial Govt.) which had been subs by A.O- 1937 for (L, G.).
209 [The United Provinces Opium Smoking Act, 1934] [Section 14-19] For being member of an opium smoking assembly
14. Whoever is a member of an opium smoking assembly shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.
For keeping or having charge of place used for smoking prepared opium
15. Whoever opens, keeps or uses any place or permits any place to be opened, kept or used for the purposes of an opium smoking assembly or has the care or management of, or in any way assists in conducting the business of, any place used or kept for the purposes aforesaid, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both.
For stilling prepared opium
16. Whoever sells, or exposes or offers for sale, or attempts to sell, prepared opium shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.
For abetment of offences
17. Whoever a bets an offence punishable under this Act shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian Penal Code to be punished with the punishment provided for such offence.
Enhanced punishment after previous conviction
18. Whoever, having been previously convicted of an offence under this Act, is again convicted of an offence under this Act, shall be liable for such subsequent offence to twice the punishment which-might be imposed on a first conviction :
Provided that in the case of a third or subsequent conviction the offender shall be sentenced to imprisonment with, or Without fine.
CHAPTER IV PROCEDURE Search warrant and power to search
19. If a Magistrate, upon information received and after such enquiry (if any) as he considers necessary, has reason to believe that any place is used for the commission of an offence under this Act he may issue a warrant to an officer of the Excise Department not below such rank as the [State Government] 1 may prescribe authorizing him--
(a) to enter such place by day or by night with any person whose assistance such officer may consider necessary ;
(b) to search all or parts of such place in which such officer has reason to believe that any prepared opium or any apparatus for the manufacture of prepared opium or for smoking prepared opium is concealed and all or any poisons whom he may find in such place ;
1- Subs. by A. O. 1950 for (Provincial Government) which had been subs . by. A.O 1937 for (Local Government).
210 [The United Provinces Opium Smoking Act, 1934] [Section 19A-23]
(c) to arrest any person found in such place whom he has reason to believe to be guilty of all offence under this Act; and
(d) to seize all prepared opium, apparatus for smoking prepared opium or for the manufacture of prepared opium and any other article used for the commission of an offence under this Act, which may be found in such place.
[Power to search 19-A Whenever the Collector or any officer of the Excise Department authorized in that behalf by the State Government, or a police officer not below the rank of an officer in charge of a police station has reasonable grounds for believing that an offence punishable under this Act has been or is being committed in any place and anything necessary for purposes of investigation into the offence may be found in any place within the limits of his territorial jurisdiction and that such a thing cannot, in his opinion be otherwise obtained without undue delay, he may after recording in writing the grounds of his belief search or cause to be made of any such place.]
1 [Applicability of the code of Criminal Procedure, 1898 to warrant and search