NationalLibraryOfScotland/medical-history-of-british-india huggingface dataset:
CH. XV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 295
Wholesale vend.
599. The Act is almost silent on the subject of wholesale vendors.
The agency by which the retail vendors are sup-
plied has grown up from the exigencies of the
case.
Every wholesale vendor must rent one of the warehouses provided
by Government for storing ganja, or must provide one to the satisfaction
of the Collector who grants the license. Where warehouses are provided by
Government, the Commissioner determines the number of private warehouses, if
any, to be licensed. The number of wholesale dealers in any place must not
exceed the number of Government and licensed warehouses. Where the number of
applicants exceeds the number of Government warehouses, the leases of the latter
are put up to auction. These middlemen reap large profits, and to a large extent
control the market. They very often combine the functions of retail vendor with
those of wholesale vendor. Mr. Price, Collector of Rajshahi, says of them that they
superintend the manufacture of the ganja to suit their own tastes, and practically
become the owners of the ganja without assuming the responsibilities that devolve
on them. He says that their absence from the ganja tract would itself cause
the decline of the cultivation. Out of this state of things another class has
arisen in the ganja brokers. These men negotiate for the sale of the standing
or manufactured crop to wholesale vendors. Forms of licenses to ganja brokers
and wholesale vendors have been issued by the Board.
Retail vend.
600. For the retail vend of ganja, charas, and bhang separate licenses are
issued. There is no restriction as to the price at
which the drugs are to be sold to the public. The
number of shops is fixed by the Collector according to the demand for the drug.
The licenses are sold by public auction for one year. Notwithstanding occa-
sional fluctuations, the number of ganja shops has been reduced in the last 20
years from 4,398 to 2,672. The number of charas shops decreased largely
down to 1889-90, since when there has been an increase, but not nearly to the
former figure. The number of bhang shops has been more stationary.
Consumption on the premises is not prohibited. There is no restriction as to the
persons to whom the drugs may be sold. Local opinion is not ordinarily
consulted regarding the establishment of shops, but attention is paid to any
reasonable objection raised against any particular site.
Taxation.
601. The revenue from hemp drugs in Bengal is realized in the form of direct
duty and license fees for the right of retail vend at
a fixed shop only. The duties per sér levied on the
drugs warehoused are as follows:—
For the province
generally.
For the Orissa
Division.
Ganja:
Rs. A. P.
Rs. A. P.
Chur
9 0 0
7 8 0
Round
7 8 0
6 4 0
Flat, small twigs
7 4 0
4 8 0
" large "
6 0 0
Charas
8 0 0
8 0 0
Bhang
0 8 0
0 8 0
The duty is levied before the drugs are removed from the wholesale dealer's
warehouse. The duty is calculated on the actual weight of the drug issued,
CH. XV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 297
extent for cattle. He thinks that it is a mere excuse made by those who really
want to use it. He thinks the circular was unnecessary, and issued on insufficient
information. The subject is discussed in Chapter X.
System of vend and taxation.
604. The system of vend is the same as in Bengal. The amount of ganja
which paid duty in 1892-93 was 620 maunds, repre-
senting duty to the sum of Rs. 1,39,545. License
fees amounted to Rs. 1,64,088.
North-Western Provinces.
Law in force.
605. The excise on hemp drugs in the North-Western Provinces is adminis-
tered under Act XXII of 1881 and rules thereunder.
The principal provisions of the law are as follows:—
The chief revenue authority may from time to time make such rules to re-
strict and regulate the cultivation of hemp and the preparation of intoxicating
drugs therefrom as it may deem necessary to secure the duty leviable in respect
of those drugs (section 11).
No intoxicating drug may be sold except under and in accordance with the
terms of a license granted under the provisions of the Act. But any cultivator
of the hemp plant may sell any intoxicating drug prepared from his plant to any
person licensed under the Act to sell the same, or to any person authorized to pur-
chase the same, by the Collector's order in writing (section 12).
Subject to the rules made by the chief revenue authority under the power
conferred by the Act, the Collector may grant licenses for the retail sale of intoxi-
cating drugs within his district, or any part thereof, or at any place therein.
Licenses for the sale of intoxicating drugs wholesale may be granted only
by such officer as the Local Government from time to time appoints (section 13).
The Collector may, with the sanction of the chief revenue authority, let
in farm the fees leviable in any district or part of a district on licenses for the
retail sale of intoxicating drugs (section 16).
No person may have in his possession any larger quantity of the drugs than
that specified as the limit of retail sale unless he is permitted to manufacture or
sell the same. This amount is—
Ganja or charas, or any preparation or admixture thereof, 5 tolas.
Bhang, or any preparation or admixture thereof, one quarter of a sér
(section 22).
The chief controlling revenue authority may from time to time make rules
consistent with the Act as to the fee payable for each license or farm and as to
the form of any license or farming lease (section 55).
The Act contains no provision relating to manufacture, import, export, or
transport.
Supply of the drugs;
606. Under the rules now in force the cultivation of the hemp plant is free
to all parties. There is no check therefore on the
production of hemp drugs, and the possession of the
drug without limit of amount is permitted to all cultivators, to owners of land in
which the plant grows spontaneously, to licensed vendors, or to persons duly
authorized to supply licensed vendors. This permission is also considered to
75
CH. XV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 303
the rest from fixed duty. There is no revenue from charas, and from bhang only
about Rs. 1,000.
Madras.
Law in force.
622. The Madras Abkari Act (1 of 1886) contains extensive provisions for
the control of the cultivation of hemp, and the
manufacture, sale, and possession of hemp drugs.
But as it has only been brought into force in the Presidency in so far as it
relates to the sale of intoxicating drugs, there is no need in describing the
system at present in force to refer to any of the other provisions.
The principal provisions in force are as follows:—
No intoxicating drug may be sold without a license from the Collector,
provided that a cultivator or owner of any plant from which an intoxicating drug
is produced may sell without a license those portions of the plant from which
the intoxicating drug is manufactured or produced to any person licensed under
the Act to sell, manufacture, or export intoxicating drugs (section 15).
The Governor in Council may grant to any person or persons on such con-
ditions and for such period as may seem fit the exclusive or other privilege—
(1) of manufacturing by wholesale, or
(2) of selling by retail, or
(3) of manufacturing or supplying by wholesale and selling by retail,
any intoxicating drugs within any local area. A license from the Collector
is necessary for the exercise of such privilege (section 16). It may be noted
here that there is no definition in the Act of wholesale and retail, and that no
such definition exists in any notification under the Act.
A duty shall, if the Governor in Council so direct, be levied on all intoxicat-
ing drugs sold in any part of the Presidency of such amount as the Governor in
Council may from time to time prescribe (section 17).
Such duty may be levied by fees on licenses for manufacture or sale
(section 18).
Every license or permit granted under the Act shall be granted—
(a) on payment of such fees, if any,
(b) for such period,
(c) subject to such restrictions and on such condition, and
(d) shall be in such form and contain such particulars,
as the Governor in Council may direct either generally or in any particular
instance in this behalf (section 24).
The Governor in Council may from time to time frame rules for the ware-
housing of intoxicating drugs, and for the removal of the same from any ware-
house in which they are deposited for deposit in any other warehouse or for
local consumption or export; and for placing the storage of intoxicating drugs
under such supervision and control as may be deemed necessary for the purposes
CH. XV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 305
Bombay.
Law in force.
625. The system of administration is based upon the Bombay Act V of 1878,
and rules and notifications thereunder. The prin-
cipal provisions are as follows:—
Import of intoxicating drugs into any part of the Presidency is prohibited save
under permit and after payment of duty, if any. If the drugs have paid customs
duty, this provision does not apply (section 9).
Export is prohibited save under the same conditions. This provision does
not apply to drugs imported by sea, the export of which is permitted on payment
of any fee or duty, if any, leviable by law on its transhipment or exportation
(section 10).
Transport of any quantity of intoxicating drugs exceeding 40 tolas is pro-
hibited save under permit (section 12).
Manufacture is prohibited save under license (section 14).
Sale is prohibited save under license: provided that no such license is neces-
sary for the sale by a cultivator or owner of any plant from which an intoxicating
drug is produced of those portions of the plant from which the intoxicating drug
is manufactured or produced to a licensed vendor, manufacturer, or exporter (sec-
tion 16).
The maximum quantity which may be sold by retail at one time or to one
and the same person in the aggregate on any one day within any defined local
area or place is half an Indian sér or 40 tolas (section 17 and notifications there-
under).
Whenever a license is granted for the manufacture or sale of any intoxicating
drug, and whenever the import, export, transport, or removal from place to place
of any intoxicating drug is permitted, such duty shall be levied as the Collector,
acting under the general or special order of Government, thinks fit (section 27).
Under this section notifications have been issued prescribing that the duty
leviable on account of a license for the joint privileges of manufacture and retail
sale of intoxicating drugs shall be fixed by the Collector, who before granting any
such license shall put up the said privileges to auction.
For a permit for the import or export of any intoxicating drug, or for its trans-
port between any two places not situated within the same district, duty subject
to certain exemptions is levied at the following rate:—
If the amount does not exceed 10 Indian maunds
Rs.
5
For every additional 2 Indian maunds or fraction thereof
1
Every license, permit, or pass granted under the Act is granted—
(a) on payment of such fees, if any,
(b) for such period,
(c) subject to such restrictions and on such conditions, and
(d) shall be in such form and contain such particulars as Government
directs (section 30).
77
CH. XV.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 307
is nearly, if not quite, equal to that of the former, and is said to be increasing.
Ganja is imported from Panvel in Bombay, and charas from the Punjab.
There is cultivation of hemp for bhang chiefly in Shikarpur and Karachi,
averaging about 300 acres. The annual consumption of bhang is upwards of
4,000 maunds. There is a little smuggling of bhang from the Khairpur State,
where it is grown and sold cheaper than in Sind.
Aden.
629. Aden is supplied with hemp drugs entirely
from Bombay.
Berar.
630. The Abkari rules in Berar appear to rest upon the authority of a letter
of the Government of India in the Financial De-
partment, No. 3541, dated 10th October 1873.
Berar is not British territory, and the rules constitute a special local law issued
by the Governor-General in Council in virtue of specially acquired jurisdic-
tion. Cultivation is prohibited except under license, and Rs. 10 per acre or
part of an acre is levied on all cultivation. The area cultivated for pro-
duction of ganja is confined to the Akola, Buldana, and Amraoti districts,
and amounted in 1892-93 to 85 acres. The village officials are required to
destroy any plants of spontaneous growth, and this growth appears to be kept
under. Ganja is imported from Khandwa, and sometimes from Khandesh. About
1,300 maunds are consumed annually. Charas is not used. No information
is given regarding bhang apart from ganja, and the bhang consumed is
probably that produced locally in connection with the ganja cultivation. The
monopoly of vend has been hitherto sold by auction to farmers together with that
of opium. This is the only taxation besides the rate on cultivation. For the
future separate drug shops are to be opened. The maximum amount for retail
sale is 20 tolas for ganja and bhang and 5 tolas for charas. There is no
limit for legal possession. There is nothing in the nature of local option, but
objections to shops are considered. The average retail price of ganja is from
Rs. 2 to 2.8 per sér.
Ajmere, Coorg, and Quetta-
Pishin.
631. In these three small administrations Act XXII of 1881 is in force.
There is a little cultivation in Ajmere, but none in
Coorg or Quetta-Pishin. The contract system pre-
vails, and the monopoly of vend is sold by auction or by tender. The amount
realized is the only source of revenue. Shops are licensed, and the drugs are
sold at the retailer's prices.
Summary of systems.
632. The following is a summary of the prominent features of the excise
administration of the hemp drugs in the principal
provinces (except Burma):—
Bengal.—Cultivation
and manufacture of ganja controlled. Smuggling rare,
except in Orissa. Ganja and charas highly taxed.
Bhang little controlled.
Assam.—No cultivation of ganja permitted. Illicit cultivation rare. Some
smuggling of an inferior kind of ganja from the
hill tracts. Ganja highly taxed. Charas not used.
Bhang little controlled.
North-Western
Provinces.—Cultivation
and manufacture not prohibited.
Some ganja produced in the province. Supply of ganja
308 REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. [CH. XV.
derived from Bengal, Central Provinces, Gwalior, and
Bundelkhand. Little smuggling from Native States.
Charas imported mainly from the Punjab. A little
charas produced in Kumaon and Garhwal, and a
small quantity imported from Nepal. Bengal ganja
bears the tax imposed in that province. Other
ganja and charas hardly taxed. Bhang not con-
trolled.
Punjab.—Ganja
not used. Charas imported from Central Asia not
smuggled, but hardly taxed, there being no direct
duty, of which, however, the imposition is under
consideration. Bhang not controlled.
Central Provinces.—Cultivation
and manufacture of ganja controlled.
Smuggling from Native States and adjoining Bom-
bay territory not wholly suppressed. Taxation of
ganja fairly high—of charas light. Local bhang con-
trolled as ganja. Foreign bhang highly taxed.
Madras.—Cultivation
and manufacture not controlled. Ganja produced to a
considerable extent. Taxation very light, there
being no direct duty, and licenses being very few.
Charas not used. Bhang little known. Few statistics
available.
Bombay.—Cultivation and manufacture not controlled. Ganja produced to a
considerable extent. Amount imported uncertain.
Taxation light, there being no direct duty beyond
import duty of 8 annas per maund. Charas hardly
used, except in Sind. Bhang little known.
Berar.—Cultivation
and manufacture controlled. Production of ganja not
large, but imports from Khandwa considerable.
Taxation light, there being no direct duty beyond a
tax on cultivation of Rs. 10 per acre or part of an
acre.
CH. XVI.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 311
GANJA.
CHARAS.
BHANG
.
Minimum.
Maximum.
Minimum.
Maximum.
Minimum.
Maximum.
Rs. A. P . Rs. A. P. Rs. A. P. Rs. A. P. Rs. A. P . Rs. A. P .
Bengal
12 0 0
30 0 0
35 0 0
40 0 0
1 0 0
6 0 0
Assam
15 0 0
40 0 0
North-Western
Provinces.
2 8 0
30 0 0
7 8 0
40 0 0
0 4 0
1 0 0
Punjab
4 0 0
15 0 0
0 2 0
0 8 0
Central Provinces
5 0 0
10 0 0
Not given
Madras
1 4 0
4 2 8
0 6 8
3 5 4
Bombay
0 6 0
5 0 0
0 8 0
3 0 0
Sind
6 6 0
10 0 0
15 0 0
30 0 0
1 0 0
1 4 0
Berar
2 0 0
2 8 0
0 8 0
0 8 0
Ajmere
4 0 0
5 0 0
16 0 0
20 0 3
0 8 0
1 0 0
Coorg
0 14 0
1 0 0
Not
given
Quetta-Peshin
7 8 0
7 8 0
20 0 0
20 0 0
1 0 0
1 0 0
The figure given as the maximum for ganja in the Central Provinces is not
the true maximum. It is "the average retail price in most districts for small
quantities of ganja." The maximum must, therefore, be higher. In Jubbulpore,
the Commission found that in some shops ganja was selling at Rs. 12 per sér.
The maximum for the province is not available. A maximum quotation of 4
annas per tola, equal to Rs. 20 per sér, is given for Ganjam in Madras: this may
be Rajshahi ganja. Bhang is said to reach a maximum price of Rs. 10 per sér in
the same district. In Malabar, Vellore ganja is said to reach 4 annas per tola, but
the maximum price in North Arcot is 4 pies. Wynaad ganja in the same dis-
trict is said to reach a maximum price of 2 annas per tola. With these excep-
tions, no district shows a higher maximum price than that given in the statement.
It is evident that if the systematic treatment advocated by the Commission
is to be applied, some means must be taken, especially in regard to ganja, of
removing the extraordinary inequalities disclosed by this comparison. Up to year
1892-93, notwithstanding the high price of Rajshahi ganja, the cost of the daily
average allowance of liquor to the habitual consumer in Bengal is, according to the
memorandum, much higher than in the case of ganja. Judged by this test, there is
room even in Bengal for increased taxation. A fortiori
is this the case in other
provinces except Assam. No doubt the quality of the drug varies in different
provinces, but there is nothing in the analysis of the different kinds of ganja which
points to such marked discrepancies in the price.
And the general conclusion
which must be drawn from these figures is that in all the provinces, except Bengal
and Assam, taxation is totally inadequate to the due restriction of consumption.
The same may be said of charas. As regards bhang, many witnesses are of opinion
that there is no need to impose the same restrictions upon its consumption as
CH. XVI.] REPORT OF THE INDIAN HEMP DRUGS COMMISSION, 1893-94. 321
It is also proposed to control the import of ganja, and to impose an import
duty at first of Rs. 50 to Rs. 80 per maund on pathar ganja from the Central
Provinces and Native States, to be increased by degrees. For this purpose an
amendment in the law will be required. Subject to the remarks which will be
found further on (paragraph 679), the Commission agree in these proposals.
Madras and Bombay.
658. In Madras and Bombay the general opinion among local officers appears
to prevail that no changes are necessary, though
the Commission have reason to believe that these
Governments recognise the impossibility of continuing the present state of
affairs in view of general considerations affecting the whole of India.
A
seizure of 14 maunds 24 sérs of Madras ganja imported by sea to Calcutta was
made in January 1894. When the Madras Collector of Customs was communi-
cated with and asked to enquire full particulars and take action if he considered
it necessary, he replied to the Calcutta authorities asking under what law he was
desired to interfere. The Madras Act contains full provisions regarding the
import and export of drugs; but these provisions have not been extended to the
province. In view of the illicit imports into Burma from Madras, regarding
which there is ample evidence from the former province, of the complaints from
Mysore which are mentioned in Chapter XVII, and of the cheapness of the drug,
there can be no doubt that reforms are urgently required. The system in Bom-
bay is somewhat more formulated, but in view of the large amount of ganja
produced, and the still lower price of the drug in the producing districts, there
is no less need of an improvement in the system of administration.
The
annexed table gives a comparative view of the cultivation and taxation of ganja
in these provinces, and in Bengal and the Central Provinces. The only comparison
which can be made is that of total taxation per acre of reported cultiva-
tion, because the areas of cultivation and totals of taxation are the only figures
on which any reliance can be placed in these two presidencies:—
1
2
3
4
5
6
7
8
9
Province.
AVERAGE TAXATION FOR TEN YEARS.
Province.
Average
area under
cultiva-
tion in
acres
(10 years).
Whether
cultiva-
tion is
restricted
or not.
By fixed duty.
By license
fees.
Total.
Average
revenue
per acre of
cultivation.
Average
retail price
per sér.
REMARKS.
Rs.
Rs.
Rs.
Rs.
Rs. A. P.
Bengal
740
Yes
13,75,837 10,85,292 24,61,129
3,326 20 0 0
Central Provinces
900
Yes
74,549
1,22,266
1,96,815
219
5 0 0
to
10 0 0
Madras
350*
No
Nil
47,292†
47,292†
135
1 10 8 * 1893-94 pro-
bably under-
estimated.
† 1892-93 only.
Bombay
1,152‡
No Not given Not given 1,22,987‡
107
0 6 0 ‡
to
5
0 0
‡ 8 years only.
Compared with Bengal and the
Central Provinces.
659. The Bengal figure in columns 4, 5 and 6 represents nearly the whole of
the revenue levied on all the ganja produced on
the area given in column 2, as the Assam and
Kuch Behar duties, which are not levied in Bengal, have been added.
81