Minimum Wages Acts 1948

Objectives of the Act

• To provide minimum wages to the workers working in organized sector 
• To stop exploitation of the workers
• To empower the government to take steps for fixing minimum wages and to revising it in a timely manner 
• To apply this law on most of the sections in organized sector (scheduled employment)

Historical Backdrop

The initiative by Shri K.G.R.Choudhary in 1920: set up boards for determination of wages

The International Labour Conference adopted convention 26 and 30 in 1928 relating to wage fixing machinery in trades or parts of trades

 A Minimum Wages Bill was introduced in the Central. Legislative Assembly on 11.4.46 and came into force with effect from 15.3.48

The Committee on Fair Wage was set up in 1948 to provide guidelines for wage structure

Broad Features of the Act

[Sec 3]: The Act lays down the principles  for fixation of

• A minimum time rate of wages

• A minimum piece rate

• A guaranteed time rate

• An overtime rate for different occupations, localities or classes of work and for adults, adolescents, children and apprentices

[Sec 4]: The minimum wages may consist of

• A basic rate of wages and a cost of living of allowances

• A basic rate of wages with or without the cost of living allowance and the cash value of the concessions in respect of essential commodities supplied at concessional rates

Short Title and Extent [Sec. 1]

• This Act, the Minimum Wages Act, 1948 extends to the whole of India
• This Act may be called the Minimum Wages Act, 1948

Who all are eligible?

• Permanent employees
• Contract employees
• Casual workers
• People on probation get fixed pay instead of minimum wages.
• Trainees get stipend and not minimum wages

What  is appropriate  government? [Sec 2(b)] 

• In relation to scheduled employment carried on Central Government or railways or est. under Central Act, the Central Government
• In all other cases - the State Government

Wages [Sec. 2(h)]

• Minimum wages: all remuneration capable of being paid in money terms for work done if terms of contract were fulfilled
• consist of Basic + Dearness Allowance + House Rent Allowance
• Every 5 years, basic rates of every industry are decided by Minimum Wages Committee
• Dearness Allowance changes every six months and is decided by Government
• Other Definitions

Section No.
2 (bb)	Child
2 (a)	Adolescent
2 (aa)	Adult
2 (c)	Competent authority
2 (d)	Cost of Living Index Number
2 (e)	Employer
2 (g)	Scheduled Employment
2 (i)	Employee

 Fixing minimum rate of wages [Sec. 3]

The Appropriate Government:

·         Shall fix minimum rates of wages for an employment specified in Part I or Part II of Schedule 86 added by notification in official gazette

·         May fix rates for a part of the state or for any specific class or classes instead of fixing minimum rate of wages for whole state

·         Shall review and revise at intervals not exceeding 5 years the minimum rates of wages

Different Minimum Wages May Be Fixed By The Government For:

·         Different employments (specified in the schedule)

·         Different classes (e.g. skilled, unskilled, semis skilled, etc.) of work in the same employments

·         Adults, adolescents, children and apprentices

·         Different localities

Segregation

Minimum rates of wages may be fixed by any one or more of the following wage periods, namely: 

• By the hour 
• By the day 
• By the month 
• By such other larger wage period as may be prescribed; and where such rates are fixed by the day or by the month, the manner of calculating wages for a month or for a day, as the case may be, may be indicated

 Different Minimum Wages May Be Fixed By The Government May consist of [Sec. 4]

1.       Basic + Special Allowance (Which varies with the cost of living index)

2.       Basic + Cash value of concessional supply of materials like food, clothes, etc

3.        An all inclusive rate which includes Basic + Cost of living Allowance + Cash value of 1 concessional supply of materials

Fixing Minimum Rates of Wages [Sec. 5]

• Publish its proposals in the official gazette asking comments from the affected parties
• Constitute committees/sub committees for the purpose. 
• The committees/ sub-committees and advisory boards constituted by the Government consist of equal number of members of : 

• Employers
• Employees, and
• Independent persons

Advisory Board [Sec.7]

• Appointed by appropriate government

• To co-ordinate the work of committees and sub committees appointed under Section 5

Central Advisory Board [Sec. 8]

To advise the Central and State Governments in fixation and revision of minimum rates of wages To co-ordinate the work of the Advisory Boards

Composition of Committees, etc. [Sec. 9]

Each of the committee, sub-committee and the Advisory Board shall consist of:

a. persons to be nominated by the appropriate Government

b. representing the employers and employees in the scheduled employments who shall be equal in number and

c. independent persons not exceeding one-third of its total number of members: one of such independent persons shall be appointed the Chairman by the appropriate Government.

 Correction of errors [Sec. 10]

• By appropriate Government at any time
• By notification in the Official Gazette
• Correct clerical or arithmetical mistakes or errors arising from and accidental slip or omission.
• Every such notification shall be placed before the Advisory Board for information.

 Wages in Kind [Sec. 11]

• Minimum wages shall be paid in cash. 
• The appropriate govt. may authorize, where there has been a custom of payment in this manner, payment of minimum wages either wholly or partly in kind 
• The appropriate govt. may authorize supply of essential commodities at concessional rates

 Minimum paymrent  rate of wages [Sec. 12]

• The Minimum Wages has to be paid without any deductions other than Statutory Deductions.

• Payment of wages less than minimum wages on the ground of less performance or output is illegal

Normal working works [Sec. 13]

For an Adult Worker working in Factories:

·         Number of Working Hours should not exceed 48 Hours in a week with a weekly Holiday

·         The Daily Hours should not exceed more than 9 Hours with 1 Hour Rest Interval

·         Provision of Compensatory Holiday/ Overtime Wages if working on holiday

 Overtime wages [Sec. 14]

·         If the person has worked for more than 48 hours in a week then, the excess hours worked will be treated as Overtime

·         Overtime wage rate will be twice of the normal wage rate

Wages for a person who has worked less than normal working hours [Sec. 15]

·         Employer could not provide the activities of the job then, the employee is entitled to receive full salary

·         Employee has not worked due to his unwillingness then, the employee is not entitled to receive full salary

Records to be maintained [sec. 18]

The Registers should contain the following particulars-

(i)                  particulars of employed persons

(ii)                 the work performed by them

(iii)               the wages paid to them

(iv)              the receipts given by them

Claims [Sec. 20]

·         A Labour Commissioner or any other appointed authority is authorized to hear claims regarding non-payment of minimum wages

·         Any aggrieved person may apply to the authority for settling his claims within 6 months

Penalties [Sec. 22]
Offence	Punishment
Payment of less than Minimum Wages to employee	Imprisonment which may extend up to 6 Months or Fine which may extend up to Rs 500/- or Both Contracting out [Sec. 25]

Any contract or agreement, whether made before or after the commencement of this Act, whereby an employee either relinquishes or reduces his right to a minimum rate of wages or any privilege or concession accruing to him under this Act shall be null and void so far as it purports to reduce the minimum rate of wages fixed under this Act.

Power of State Government to add schedule [Sec. 27]

• The State Government has to notify in the Official Gazette not less than three months of its intention to do so
• Power of Central Government to give directions [Sec. 28]
• The Central Government may give directions to a State Government as to the carrying into execution of this Act in the State.

Power of the central Government to make rules [Sec. 29]

• Procedure to be followed in conduct business
•  Method of voting
•  Manner of filling of casual vacancies in membership
• Quorum necessary for the transaction of business of the Central Advisory Board.

List of some important forms

Form No.	Rule	Description
III	21 (4a)	Annual Return
V	26 (5)	Muster Roll
X	26 (1)	Register of Wages
XI	26 (2)	Wage slip

Factory act 1948

Introduction 

In India the first Factories Act was passed in 1881. This Act was basically designed to protect children and to provide few measures for health and safety of the workers. This law was applicable to only those factories, which employed 100 or more workers. In 1891 another factories Act was passed which extended to the factories employing 50 or more workers.

Main points

• Health of worker

• Safety of worker

• Welfare of worker

• Working Hours Of Adults

• Annual Leave With wages

Factory act 1948

Definition of a Factory:-

“Factory” is defined in Section 2(m) of the Act. It means any premises including the precincts there of-

i.                     Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on; or

ii.                   ii. Whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on;

 But does not include a mine subject to the operation of the Mines Act,1952 or a mobile unit belonging to the Armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.

The following have held to be a factory:-

i. Salt works

ii. A shed for ginning and pressing of cotton

iii. A Bidi making shed

iv. A Railway Workshop

v. Composing work for Letter Press Printing

vi. Saw Mills

vii. Place for preparation of foodstuff and other eatables

HIGHLIGHTS:

• The Factories Act, 1948 came into force on the 1st day of April,1949and extends to the whole of India. It was, in fact, extended to Dadra &Nagar Haveli, Pondicherry in 1963, to Goa in 1965 and to the State of Jammu & Kashmir in 1970.

• The Factories Act was amended in 1949, 1950, 1954, 1956, 1976 and1989.

• In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the court observed that the Act has been enacted primarily with the object of protecting workers employed in factories against industrial and occupational hazards. For that purpose, it seeks to impose upon the owner or the occupier certain obligations to protect the workers and to secure for them employment in conditions conducive to their health and safety.

Objective of  factory act 1948:

• To ensure adequate safety measures and to promote the health and welfare of the workers employed in factories.
• To prevent haphazard growth of factories through the provisions related to the approval of plans before the creation of a factory.
• To regulate the working condition in factories, regulate the working hours, leave, holidays, overtime, employment of children, women and young persons ext.
• The Factories Act provides for the health, safety, welfare, service conditions and other aspects of workers in factories. The Act is enforced by the State Government who frame rules that ensure that local conditions are reflected in enforcement.
• The Act as amended in 1987 also regulates the safeguards to be adopted for the use and handling of hazardous substances.
• Regulates working condition in factories.
• Basic minimum requirements for ensuring safety, health and welfare of workers. Applicable to all workers.

Applicable to all factories using power and employing 10 or more workers, and if not using power, employing 20 or more workers on any day of the preceding 12 months.

To improve health, welfare and safety of the workmen.

Applicability of factory act 1948.

At any place wherein manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, not with standing that:

• The number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or
• The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner.

The Factories Act extends to whole of India and is applicable to all factories including government factories.

 It applies to all factories employing more than 10 people and working with the aid of power or employing 20 people and working without the aid of power..

Factory however does not include a mine covered under the mines Act, 1952, a mobile unit of the armed forces, a railway shed or a hotel, restaurant or eating place.

Importance of factory act 1948

No adult worker shall be required or allowed to work in a factory:-

(i) for more than forty-eight hours in any week; and/ or

(ii) for more than nine hours in any day. Where a worker works in a factory for more than nine hours in anyday or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

The “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

Where a worker is deprived of any of the weekly holidays, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

• Adequate provisions have been made for enforcement of the provisions of the act by appointing factory inspectors.
•  Provisions are also made for appointment of occupier of factory and various obligations of the occupier have been set out in the act.
• Additional provisions have been made for various offences and penalties for the offences.
•   Detailed provisions are also made for the working hours, holidays, leaves, leave with wages and overtime payment, etc.
• separate provisions are made for employment of young persons, which include children and adolescents. The employment of children below 14 years of age was stopped.

Employer to ensure health of workers pertaining to

• Cleanliness Disposal of wastes and effluents - Sec 12

• Ventilation and temperature dust and fume - Sec 13

• Overcrowding Artificial humidification Lighting – Sec. 14

• Drinking water Spittoons. - Sec. 18

Safety Measures

• Fencing of machinery – Sec. 21
• Work on near machinery in motion. – Sec 22
• Employment prohibition of young persons on dangerous machines. –Sec 23
• Striking gear and devices for 25 
• Self-acting machines.- Sec cutting off power. – Sec 24 
• Casing of new machinery.- Sec 26 
• Prohibition of employment of women and children near cotton- openers.- Sec 27 
• Hoists and lifts.- Sec 28.

Welfare Measures

• Washing facilities – Sec 42
• Facilities for storing and drying clothing – Sec 43
• Facilities for sitting – Sec 44
• First-aid appliances – one first aid box not less than one for every 150 workers–Sec 45
• Canteens when there are 250 or more workers. – Sec 46
• Shelters, rest rooms and lunch rooms when there are 150 or more workers. –Sec 47
• Creches when there are 30 or more women workers. – Sec 48
• Welfare office when there are 500 or more workers. – Sec 49

Working Hours, Spread Over & Overtime of Adults

•  Weekly hours not more than 48 - Sec: 51
•  Daily hours, not more than 9 hours. - Sec: 54
•  Intervals for rest at least ½ hour on working for 5 hours. - Sec: 55
•  Spread over not more than 10½ hours. - Sec: 56
•  Overlapping shifts prohibited. - Sec: 58
•  Extra wages for overtime double than normal rate of wages - Sec:59
• Restrictions on employment of women before 6AM and beyond 7 PM. -Sec: 60

11. Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days.
• Accumulation of leave for 30 days. Sec. 79

12.  Sec.92 to 106
OFFENCE	PENALTIES
1.      For contravention of the Provisions of the Act or Rules	Imprisonment upto 2 years or fine upto Rs.1,00,000 or both
2.      On Continuation of contravention	Rs.1000 per day
3.      On contravention of Chapter IV pertaining to safety or dangerous operations.	Not less than Rs.25000 in case of death
4.      Subsequent contravention of some provisions	Not less than Rs.5000 in case of serious injuries. Imprisonment upto 3 years or fine not less than Rs.10, 000 which may extend to Rs.2, 00,000. Obstructing Inspectors
5.      Obstructing Inspectors	Imprisonment upto 6 months or fine upto Rs.10, 000 or both.
6.      Wrongful disclosing result pertaining to results of analysis.	Imprisonment upto 6 months or. fine upto Rs.10, 000 or both.
7.      For contravention of the provisions pf Sec.41B, 41C and 41H pertaining to compulsory disclosure of information by occupier, specific responsibility of occupier or right of workers to work	Imprisonment upto 7 years with fine upto Rs.2, 00,000 and on continuation fine @ Rs.5, 000 per day. Imprisonment of 10 years when contravention continues for one year.imminent danger.

Narcotic Drugs and Psychotropic Substances Act 1985

INTRODUCTION :

Coca, opium & Hemp are the excellent drugs when used for the medicinal purpose but these drugs are also miss used for euphoria, addiction etc.These type of drugs when used for longer time causes sever effects on brain & nervous system. These effect including apathy, forgetfulness , lack of self respect , physical & mental injury & therefore miss use of these drugs is very injurious with social point of view .with this view of dangerous effect of drug.The govt. of different country are decide to restrict these use for bonafide medical purpose only.

This is an Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1[, to provide for the forfeiture of property derived from, or used in, llicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances]and for matters connected therewith.

OBJECTIVE: 

• To prohibit or control or to regulate the operation relating to narcotic drugs and psychotropic substances.
• It provide licensee system for whole central & state Govt.
• It prescribe the procedure for preventing illicit traffic &abuse of narcotic drugs & psychotropic substances. 
• Act also provide penalties illicit traffic of these drugs

Definitions:

NARCOTIC DRUGS:
It mean Coca leaves, opium, hemp, poppy straw, & including all manufacture drugs.

PSYCHOTROPIC SUBSTANCES:
1. Any substances natural or synthesis or any salt.
2. Preparation of such substances which are included in a list of Psychotropic substances in the schedule to the NDPS Act 1985.

Eg. N-N Dimethyltryptamine , N-N diethyltryptamine , LSD , Alprazolam , Nitrazepam And other benzodiazepam Derivative.

COCA LEAF:
Leaves of any plant of genus Erythroxylon coca ,Excluding leaves from which cocaine ecgonine And other egonine alkaloids is removed.
Any mixture there of with or without any neutral material except any preparation containing Less than 0.1% of cocaine.

OPIUM :
Coagulated juice of opium poppy[ papaver somniferum ] or any other species of papaver from which opium or any phenanthrene alkaloid can be extracted & It may be declared to be opium poppy by notification of central government.
Any mixture of coagulated juice of opium with or without Neutral material containing more than 0.2% of morphine.

HEMP [CANNABIS]:
Charas: It is the resin in crude or purified state obtained from cannabis plant and It include Concentrated preparation of resin known as” Hashish oil” or “Liquid Hashish”.
Ganja : It is flowering & fruiting top of cannabis plant[Excluding seed &leaves] Any mixture with or without neutral material containing ganja, charas or any other drink prepared from them. 

MANUFACTURE DRUGS:
Derivative of coca opium or hemp such as medicinal hemp, coca derivative medicinal cocaine, Opium derivative prepared opium, poppy straw concentrate.etc.
Any other Narcotic substances or preparation which is declared to be manufacture drug by central government.

MEDICINAL HEMP :
It mean any extract or tincture of cannabis .

COCA DERIVATIVES:
Crude cocaine :Any extract of coca leaves which can be directly or indirectly use for manufacture of cocaine. Ecgonine, Cocaine. Preparation containing more than 0.1% cocaine.

OPIUM DERIVATIVE:
Medicinal opium
Opium manipulated to render it suitable for smoking e.g.. Morphine, heroin , thibaine
Any preparation containing 0.2% of morphine or any amount of diacetyl morphine. 

OPIUM POPPY:
It include the plant of papaver somniferum and other species of papaver from which opium and any
phenanthrene alkaloid can be extracted.
Poppy straw : It include all part of opium poppy [except seed]after harvesting whether in original form or cut, crushed,powder and whether or not juice to be extracted there from.

ILLICIT TRAFFIC: [As defined NDPS Ordinance 1988] :
1. Cultivation of coca plant & gathering any portion of coca plant

2. Cultivating opium poppy or any cannabis plant
3. Engaging in the manufacturing, possession, sale, purchase, transporting, warehousing concealment, use of consumption,inter state import, inter state export from India transshipment, of narcotic drug and psychotropic substances.
4. Dealing in narcotic drug and psychotropic substances,

Handling or letting any premises for use for any of the purpose referred in [1] to [4]

•  Financing any activity by himself or through any other person in the further or in 
• Support of doing any of the above said acts, 
• Abetting or conspiring in the furtherance or in support of doing an of the above said acts except to the extent permitted under the narcotic drug and psychotropic substances acts 1985.or any rule or order made or any condition of any licence,permit or authorization issued, hereunder, 

AUTHORITY & OFFICERS

• Measure for preventing and combating abuse of Narcotic drugs and illicit traffic there in. 
• Officers of central government. 
• The Narcotic Drugs and Psychotropic Substances Consultative Committee. Prohibition, control, and regulation. 
• Measure for preventing and combating abuse of Narcotic drugs and illicit there in. 
• Co-ordination of action by various officers state government and other authorities under this acts. 
• Obligations under the International conventions. 
• Assistance to the concerned authorities in foreign countries and concerned international organization regarding prevention and suppression of illicit traffic. 
• Identification, treatment, education, aftercare, rehabilitation, and social re-interaction of addicts. 
• Such other matter for effective implementation of this act and preventing and combating the abuse of narcotic drug and psychotropic substances, and illicit traffic. 

Officers of central government:

• The central government may appoint Narcotic commissioner and such other officers, 
• The supervision of the cultivation of the opium poppy; and 
• Production of opium and 
• Other functions as may be entrusted to him by the central Government. 

The Narcotic Drugs and Psychotropic Substances Consultative Committee.

• An advisory committee. 
• Chairman and such other members not exceeding 20. 
• The committee shall advice the central government on the matters relating to the administration of this act. 

Prohibition, control, and regulation:

a] Prohibition of certain operation As per sec.8.

No person shall :
1. Cultivate any coca plant or gather any portion of coca plant; or
2. Cultivate the opium poppy or any cannabis plant; or

Produced manufactured, possess, sale, purchase, transport,ware house, use,consume,interstate export, interstate import, Import into India, export from India or transshipment any narcotic drugs or psychotropic substances.

B] Power of central Government to permits ,control, and regulate: :
Central government may ,by rule permits and regulates:
1. The cultivation, or gathering, of any portion of coca plant or the production of, sale purchase,transport.
2.The cultivation of the opium (only an account of central government)
3. The production and manufacture of opium and production of poppy straw.

• The sale of opium derivative from the central government factories for export from India or sale to state Government or to manufacture chemist . 
• Manufacture of manufacture drug other than opium but not including manufacture of medicinal opium or any preparation containing any manufactured drug from material which the maker is lawfully entitled to possess.
• The manufacture ,possession ,transport, import , inter state, export inter state, sale,purchase,consumption,or use of psychotropic substances. 
• The import into India and export, from India and transshipment of narcotics drugs and psychotropic substances.
• Control of certain operation by central government: 

According to the rules:

• The limits within which licenses may be given for the cultivation of opium poppy. 
• All opium, the product of land cultivated with the opium poppy shall be delivered by the cultivator to the officer authorities on behalf of central government . 
• Fix the price to be paid to the cultivator for the opium delivered. 
• The rule may prescribe the forms and condition of licenses or permit 
• The rule may prescribe that opium shall be weighed, examined and classified according to its quality and consistency by the officer authorities 
• Weigh, examination and classification, according to the quality and consistence of the opium received at the factory and the deductions from or additions to the standard price to be made in accordance with the result of such examinations.
• The form and condition of licensed may be granted and the fees that may be charged therefore;
• The rule may require that opium delivered by a cultivator if found to be adulterated may be confiscated.
• The rule may be prescribe the port and other places at which narcotic drugs or psychotropic substances may be imported into India or exported from India or transshipped.

C] Power of state government to permits, control, and regulate:

• The possession,transport,inter state import ,inter state export ,sale, purchase Warehousing sale consumption, and use of poppy straw. 
• The possession,transport,inter state import ,inter state export ,sale, purchase Warehousing sale consumption, and use of opium. 
• Operation related to cannabis plant excluding ganja. 
• Manufacture of the medicinal opium or any preparation containing any manufacture drugs. 
• Operation related with prepared opium and of coca leaf and any preparation or manufacture drugs. 
• Possession of prepared opium lawfully by an cultivator on medicinal advice for his personal consumption. 

Control of certain operation by State government:
According to the rules:

• The time limits within which cultivator may be given for the cultivation of any cannabis plant. 
• Authorization : only the cultivator licensed by the prescribe authority . The price to be paid to the cultivator for cannabis delivered. 
• Prescribe the form and condition of licensed or permits licenses or permits for some or all of. 

PENALTIES & OFFENCES:

Clause- 1

The contravention of provision in respect of poppy , poppy straw . opium, coca plant, coca leaves, prepared opium, manufactured drugs and psychotropic substances. Illegal import or export or external dealing and transshipment of narcotic drugs and psychotropic substances. Allowing use of premises or Vehicle commission of an offence under the act. Embezzlement of opium by license cultivator Contravention in respect of cannabis plant [other than ganja]

Penalties:-Imprisonment not less than 10 years with a fine of rupees 1 lakh .This may be extend to imprisonment up to 20 years and fine upto2lakhs

Clause-2

Contravention in respect of cannabis plant related to ganja. The punishment is rigorous imprisonment up to 5 years and fine up to Rs.50,000

Clause-3

Failure to keep a record or account or failure to submit the returned as required by law or keeping false record and making false statement is an offense. Failure to produce licenses when demanded by authority is an offense. Willful breach of any provision of act or condition of license for which no separate penalty is prescribe.

Penalty:-Rigorous imprisonment up to 5 years or fine or both

Clause -4

Illegal possession for personal consumption of cocain,morphine diacetyl morphine or any Narcotic drugs and Psychotropic substances

Penalty:-Rigorous imprisonment for a term which may be extend to one year or fine which may be extend to Rs. 20,000 or both, The Narcotic drugs and psychotropic substances consumed is other than those specified in or under clause 4(a) with imprisonment for term which may extend to six months or fine which may extend to Rs.10,000/- or both

Clause-5

Financing illicit traffic and harboring offender or directly and indirectly financing any of the activity specified in sub-class 1 to 4

Penalty:- Rigorous imprisonment for a term which shall not be less than 10 years but which may be extend up to 20 years and fine which shall not be less than Rs.1 lakh which may be exceeding Rs.2 lakhs.

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Related Reading - Narcotic Drugs and Psychotropic Substances Act 1985

Bibliography:

Forensic pharmacy by B.S.Kuchekar, A.M.Khandatare & S.C.Jitkar,6 th Ed. Nirali Prakashan . Mittal B.M.,A Text book of Forensic Pharmacy,9 th Ed. Vallabh Prakashan.