Section 64 - Amendment of Act 16 of 1955 - Finance Act, 1964

64. Amendment of Act 16 of 1955 In the Medicinal and Toilet Preparations (Excise Duties) Act, 1955,- (a) in section 2,- (i) in clause (h), for the words and figures and which is a dangerous drug within the meaning of the Dangerous Drugs Act, 1930;, the words and includes all alkaloids of opium , shall be substituted; (ii) for clause (i), the following clause shall be substituted, namely:- (i) 'opium' means- (1) the capsules of the poppy (Papaver somniferum L), whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom; (2) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and (3) any mixture, with of without neutral materials, of any of the above forms of opium and includes any derivative of opium; ; (b) for the Schedule, the following Schedule shall be substituted; namely:- THE SCHEDULE (See section 3) Item No. Description of dutiable goods Rate of duty 1. Medicinal Preparations Allopathic Medicinal Preparations: (i) Medicinal preparations containing alcohol which are not capable of being consumed as ordinary alcoholic beverages- (a) Patent or proprietary medicines Ten pet cent. ad valorem or rupee one and ten naye paise per litre of the strength of London proof spirit whichever is higher. (b) Others Rupee one and ten naye paise per litre of the strength of London proof spirit. (ii) Medicinal preparations containing alcohol which are capable of being confirmed As Ordinary alcoholic beverages- (a) Medicinal preparations which contain known active ingredients in therapeutic quantities. Ten per cent. ad valorem or rupees three and eighty-five naye paise per litre of the strength of Landon proof spirit, whichever is higher. (b) Others Rupees fifteen and fifty naye paise per litre of the strength of London proof spirit. (iii) Medicinal preparations not containing Alcohol but containing alcohol but Containing opium Indian hemp, or other narcotic drug or narcotic. Ten per cent. ad valorem. 2. Medicinal preparations in Ayurvedic Unani or other indigeneous systems of medicine- (i) Medicinal preparations containing self-generated alcohol which are not capable of being consumed as ordinary alcoholic beverages. Nil. (ii) Medicinal preparations containing self-generated alcohol which are not capable of being consumed as ordinary alcoholic beverages. Thirty-eight naye paise per litre of the strength of London proof spirit. (iii) All others containing alcohol which are prepared by distillation or to which alcohol has been added. Rupees fifteen and fifty naye paise per litre of the strength of London proof spirit. (iv) Medicinal preparations not containing alcohol but containing opium, Indian hemp, or other narcotic drug or narcotic. Ten per cent. ad valorem. 3. Homoeopathic preparations containing alcohol. Rupees three and eighty-five naye paise per litre of the strength of London proof spirit. Toilet Preparations 4. Toilet preparations containing alcohol, or opium Indian hemp, or other narcotic drug or narcotic. Twenty-five per cent. ad valorem or rupees three and eighty-five naye paise per litre of the strength of London proof spirit, whichever is higher. Explanation I.-Patent or proprietary medicines' means any medicinal preparation which bears either on itself or on its container or both, a name which is not specified in a monograph in a Pharmacopeeia, Formulary or other publications notified in this behalf by the Central Government in the Official Gazette, or which is a brand name, that is, a name or a registered trade mark under the Trade and Merchandise Marks Act, 1958 (43 of 1958) or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicinal preparation for the purpose of indicating or so as to indicate a connection in the course of trade between the preparation and some person having the right either as proprietor or otherwise to use the name or mark with or without any indication of the identity of that person. Explanation II.-Where any article is chargeable with duty at a rate dependent on the value of the article, such value shall be deemed to be the value as determined in accordance with the provisions of section 4 of the Central Excises and Salt Act, 1944 (1 of 1944). Explanation III.-'London proof spirit' means that mixture of ethyl-alcohol and distilled water which at the temperature of 51 degrees Fahrenheit weighs exactly 12/13th parts of an equal measure of distilled water at the same temperature. Explanation IV.-Where in respect of any dutiable goods the unit of assessment for the purpose of any duty under this Act is a litre of the strength of London proof spirit, the duty shall be increased or reduced in such proportion as the strength of the dutiable goods is greater or less than that of the London proof spirit. .