Narcotic Drugs and Psychotropic Substances Act 1985 - Authorities and Officers

CHAPTER II - AUTHORITIES AND OFFICERS

 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.

            (1)  Subject to the provisions of this 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.

            (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 that 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;

                        (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.

5.  Officers of Central Government.

            (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.

 6.  The Narcotic Drugs and Psychotropie Substances Consultative Committee.

            (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.

7.  Officers of State 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.

CHAPTER II A - NATIONAL FUND FOR CONTROL OF DRUG ABUSE

 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.

            (2)  The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for combating illicit traffic in, or  controlling abuse of, narcotic drugs and psychotropic substances for all or any of the  purposes  specified in sub-section (1) of section 71.

            (3)   The Central Government may constitute a Governing Body  as it thinks fit to advise that Government in regard to the  application  of the Fund.

            (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.   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.