Narcotic Drugs and Psychotropic Substances Act 1985 - Miscellaneous

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CHAPTER VI - MISCELLANEOUS

69.  Protection of action taken in good faith.

            No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

70. Central Government and State Government to have regard to international conventions while making rules.

        Wherever under this Act the Central Government or the State Government has been empowered to make rules, the Central Government or the State Government, as the case may be, subject to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which India may become a party.

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1.   Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989).

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 71.  Power of Government to establish centers for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.

            (1)  The Government may,  in its discretion, establish as  many centers  as  it  thinks fit for identification, treatment, education, after-care, rehabilitation, social  reintegration of addicts and for supply, subject to such conditions and in such manner as  may be prescribed, by the concerned Government of any narcotic drugs and  psychotropic  substances  to  the  addicts registered with  the Government  and to  others where such supply is a medical necessity.

            (2)   The  Government may  make  rules  consistent  with  this  Act providing for  the establishment, appointment, maintenance, management and superintendence of,  and  for  supply  of  narcotic  drugs  and psychotropic substances  from, the centers referred to in sub-section (1) and  for the appointment, training, powers, duties and  persons employed in such centers.

72.  Recovery of sums due to Government.

            (1)   In respect of any licence fee or other sum of any kind payable to the Central Government or to  the State Government under any of the provisions of this Act or of any  rule or  order made  thereunder, the  officer of  the Central Government or  the State  Government, as  the case may  be,  who is empowered to require the payment of such sum, may deduct the amount of such sum  from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of  the goods  belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrears of land revenue.

            (2)    When any person, in compliance with any rule made under this Act, gives  a bond (other than a bond under section 34 and section 39) for the  performance of  any act, or for his abstention from any act, such performance or abstention shall be  deemed to  be a public duty within the  meaning of section 74 of the Indian Contract Act, 1872  (9 of 1872);  and upon  breach of the conditions of such 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 from his surety (if any) as if it were an arrears of land revenue.

73.  Bar of jurisdiction.

            No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely –

            (a)  withholding, refusal or cancellation of any licence for the cultivation of the opium poppy;

            (b)  weighment, examination and classification according to  the quality and consistence of opium and any deductions from, or addition to,  the standard  price made  in accordance with such examination;

            (c)  confiscation of opium found to be adulterated with any foreign substance.

74. Transitional provisions.

          Every officer or other employee of the Government exercising or performing, immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall on such commencement, be deemed to have been appointed under the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement.

74A.   Power of Central Government to give directions.

            The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.

75.   Power to delegate.

            (1)  The Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of  its powers  and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authority or the Narcotics Commissioner.

            (2)  The State Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this  Act (except  the power  to make  rules) as it may deem necessary or expedient, to any authority or officer of that Government.

76.  Power of Central Government to make rules.

            (1) Subject to the other provisions of this Act, the Central Government may,  by notification in  the Official Gazette, make rules for carrying out the purposes of this Act.

            (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely –

                        (a)  the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (v), (vi) (xiv) and (xv) of section 2;

                        (b)  the form of bond to keep the peace to be executed under section 34;

                        (c)  the form of bond to be executed for release of an addict convict for medical treatment under sub-section (1) of section 39 and the  bond to  be executed  by such convict before his release after due admonition under sub-section (2) of that section;

                        (d)  the authority or  the person  by whom and the manner in which a  document received  from any place outside India shall be authenticated under clause (ii) of section 66;

                        2*["(da) the manner in which and the conditions subject to which properties shall be managed by the Administrator under sub-section (2) of section 68G;

                        (db) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under  sub-section (3) of section 68N;

                        (dc) the fees which shall be paid for the inspection of  the records and registers of the Appellate Tribunal or for  obtaining the certified copy of any part thereof under  sub-section  (6) of section 68-O;

                        (dd) the powers of a civil court that may be exercised by the competent authority and  the  Appellate Tribunal under clause (f) of section 68R;

                        (de) the disposal of  all  articles  or  things  confiscated under this Act;

                        (df)  the drawing of samples and testing and analysis of such samples;

                        (dg) the rewards to be paid to the officers, informers and other persons;

                        (e)   the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered  with the  Central Government  and  to others under sub-section (1) of section 71;

                        (f)   the establishment, appointment, maintenance, management and  superintendence of centres established by the Central Government under sub-section (1)  of section 71 and appointment, training, powers and duties of persons employed in such canters;

                        (g)  the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of  the Narcotic Drugs and Psychotropic Substances Consultative Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 6;

                        (h)  any other matter which is to be, or may be, prescribed

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1.   Ins. by Act 2 of 1989, s. 20 (w.e.f. 29-5-1989).

2.   Ins. by s. 21, ibid. (w.e.f. 29-5-1989).

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 77.  Rules and notifications to be laid before Parliament.

            Every rule made under this Act by the Central Government and every notification issued under clause (xi) of  section 2, section 3 and clause (a) of, and Explanation (1)  to, section 27 shall be laid, as soon as may be, after it  is made or issued,  before each  House of Parliament while  it is in session, for a total period of thirty days which may  be comprised in one session or in two or more successive sessions, and if, before  the  expiry of the session immediately following the session or the successive sessions  aforesaid, both Houses agree in making any modification in the rule or notification or both Houses  agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such modified form or be of no effect, as  the case may be; so, however, that  any such modification or annulment shall be without prejudice to  the validity of anything previously done under that rule or notification.

 78.  Power of State Government to make rules.

            (1)  Subject to the other provisions of this Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

            (2)  Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely –

                        (a)  the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of section 71;

                        (b)  the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of section 71 and appointment,  training,  powers  and  duties  of persons employed in such centres;

                        (c)  any other matter which is to be, or may be, prescribed.

            (3)  Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State.

79.  Application of the Customs Act, 1962.

            All prohibitions and restrictions imposed by or  under this Act on the import into India, the export from India and transshipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed  by or  under the Customs Act, 1962 (52  of 1962) and the provisions of that Act shall apply accordingly:

            Provided that, where the doing of anything 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.

80. Application of the Drugs and Cosmetics Act, 1940 not barred.

            The provisions of this  Act or  the rules made thereunder shall be in addition to,  and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.

 81. Saving of State and special laws.

            Nothing in this Act or in the rules made there under shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a  corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India.

82. Repeal and savings.

            (1)   The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1of 1878) and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed.

            (2)   Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

83.  Power to remove difficulties.

            (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

         Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.

            (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. 

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nsmehta 

Does 'Viagra' comes under psychotropic substance or narcotic drugs or pornographic material.

kuldeep13-7-65 

where are the rules of n d p s act

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