THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
Title : THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
Year : 1985
(1) Subject to the provisions of the Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein 1*[and for ensuring their medical and scientific use].
(2) In particular and without prejudice to the generality of the provisions of sub-section (1) , the measures which the Central Government may take under the sub-section include measures with respect to all or any of the following matters, namely:-
(a) Coordination of actions by various officers, State Governments and other authorities-
(i) Under this Act, or
(ii) Under any other law for the time being in force in connection with the enforcement of the provisions of this Act;
(b) Obligations under the International Conventions;
(c) Assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances;
(d) Identification, treatment, education, after care, rehabilitation and social re-integration of addicts;
1*[(da) Availability of narcotic drugs and psychotropic substances for medical and scientific use;]
(e) Such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures.
(1) Without prejudice to the provisions of sub-section (3) of section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act.
(2)The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government.
(3)The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government, also of the Board or any other authority or officer.
(1) The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called "The Narcotic Drugs and Psychotropic Substances Consultative Committee" (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time.
(2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government.
(3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter any person (including a non-official) who is not a member of the Committee.
(5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint a person who is not a member of the Committee as a member of any of its sub-committees, shall be such as may be prescribed by rules made by the Central Government.
(1) The State Government may appoint such officers with such designations as it thinks fit for the purposes of this Act.
(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government also of any other authority or officer.
7A - National Fund for Control of Drug Abuse
(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto-
(a) An amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide;
(b) The sale proceeds of any property forfeited under Chapter VA;
(c) Any grants that may be made by any person or institution;
(d) Any income from investment of the amounts credited to the Fund under the aforesaid provisions.
1*[(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for-
(a) Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;
(b) Controlling the abuse of narcotic drugs and psychotropic substances;
(f) Supplying drugs to addicts where such supply is a medical necessity.
(3) The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.]
(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint.
(5) The Governing Body shall have the power to regulate its own procedure.
7B - Annual report of activities financed under the fund
The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7A during the financial year, together with a statement of accounts.]
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