Repealed or not in force · As amended up to 2026-08
CHAPTER V.
36. Provisions regarding rules.
37. Recovery of sums due to Government.
38. Application of the Sea Customs Act, 1878.
39. Saving of local and special laws.
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40. Amendment of certain enactments.
CHAPTER V
36. (1) All rules made under this Act shall be subject to ~rovisiom 'the condition of previous publication. 3E.-
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(2) Rules made by the Governor General in Council shall be published in the Gazette of India, and rules made by a Local Government shall be published in the local official Gazette or, where there is no local official Gazette, in the Gazette of India. ,
(3) Rules
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Dangerous Drugs.
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Becovery of sum due to Government.
Appll~tlou of the Sea @ustoms `Act, 1878.`
Saving of local and special laws.
(Chapter V.-Miscellaneous.)
(3) Rules made by a Local Government shall not be inconsistent with any rules mado by thc Governor General in Council, and shall be voicl to the extent of any such incon~i ten cy .
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`37.` (1) Any arrear of any licence fee chargeable by any rule made under this Act may be recovered from the person primarily liable to pay the same or from his surety (if any) as if it were an arrear of land-rmren~~e..
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(2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section I 18) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be i 1 a public duty, within the meaning of section 74 of the Indian Contract Act, 1872 ; and, upon breach of the conditions of such `IX` ot `1872.` 1 bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or `I` from his suret; (if any) as if it were an arrear of land-revenue. I
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38. All prohibitions and restrictions imposed by or under this Act on the import into British India, the export from ~ r i t i s h India, and the transhipment of dangerous drugs, shall be deemed to be prohibitions and restrictions imposed under section 19 or section 134 of the Sea Customs Act, 1878, and the VIII of `1878` provisions of that Act shall apply accordingly :
Provided that, where the doing of any thing is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.
89. (1) Nothing in this Act or in the rules made thereunder shall affect the validity of any enactment of a local Legislature for the time being in force, or of any rule made thereunder, which imposes any restriction not imposed by or under this Act, or imposes a restriction greater in degree than a corresponding restriction imposed by or under this Act, on the consumption of or traffic in any dangerous drug within British India.
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(2) Nothing in this Act or in the rules made thereunder shall affect the validity of the Opium Act, 1857 :
XIII of `1867.`
Provided that, where the doing of any thing is an offence punishable under tbat Act and under this Act, nothing in that Act or in this sub-section shall prevent the offender from being punished under this Act.
Source: India Code