(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.
Simplified Explanation
This section establishes provisions for the formation of an advisory body called The Narcotic Drugs and Psychotropic Substances Consultative Committee (referred to as “the Committee”). The Committee’s role is to assist the Central Government in the administration of the NDPS Act.
Key Provisions of Section 6
1. Formation of the Committee (Sub-section 1)
- Notification by Central Government:
- The Central Government has the authority to constitute the Committee through a notification published in the Official Gazette.
- Purpose:
- The Committee provides advisory services to the Central Government on matters related to the administration of the NDPS Act.
- The government refers specific matters to the Committee for deliberation and advice.
2. Composition of the Committee (Sub-section 2)
- The Committee consists of:
- A Chairman: Acts as the head of the Committee.
- Other Members: Up to 20 members can be appointed by the Central Government.
- The structure ensures a mix of perspectives and expertise to aid effective decision-making.
3. Meetings and Procedures (Sub-section 3)
- Meeting Schedule:
- The Committee meets as and when required by the Central Government.
- This ensures flexibility and relevance, as the Committee convenes based on the need for its expertise.
- Regulating Its Own Procedures:
- The Committee has the autonomy to establish and follow its own procedural rules for conducting meetings.
4. Creation of Sub-Committees (Sub-section 4)
- Formation of Sub-Committees:
- To address specific issues or ensure efficient discharge of its functions, the Committee can constitute one or more sub-committees.
- Appointment of Non-Members:
- The sub-committees may include individuals who are not members of the main Committee, including non-officials.
- This provision allows the inclusion of specialists or individuals with relevant expertise for handling particular matters.
5. Terms, Vacancies, and Allowances (Sub-section 5)
- Terms of Office:
- The tenure of the Chairman and other members of the Committee is determined by rules prescribed by the Central Government.
- Filling Casual Vacancies:
- Procedures for filling vacancies due to unforeseen circumstances are also outlined in the rules.
- Allowances:
- Any allowances payable to Committee members are subject to rules made by the Central Government.
- Conditions for Sub-Committee Appointments:
- Rules also govern the conditions under which non-members can be appointed to sub-committees.
Purpose and Importance of Section 6
1. Advisory Role
- The Committee serves as a policy advisory body to the Central Government, offering expert guidance on matters related to narcotic drugs and psychotropic substances.
- This ensures that policymaking and administration are backed by informed insights.
2. Flexibility Through Sub-Committees
- The ability to form sub-committees and include non-members allows the Committee to:
- Tap into specialized knowledge.
- Address complex or technical issues efficiently.
3. Structured Governance
- By regulating its own procedures and following Central Government rules, the Committee operates in a structured and legally sound manner.
- The inclusion of provisions for filling vacancies and determining allowances ensures smooth functioning.
Applications in Administration
- Policy Formulation: The Committee’s advice may shape national policies on narcotic drugs and psychotropic substances.
- Compliance with International Conventions: It helps align India’s policies with global standards and obligations under international drug control treaties.
- Enhanced Expertise: By involving specialists and non-officials, the Committee ensures a broader range of perspectives in decision-making.
Conclusion
Section 6 empowers the Central Government with an advisory mechanism to enhance the administration of the NDPS Act. The Consultative Committee, with its flexible structure and provisions for expert involvement, plays a crucial role in framing and refining drug control policies in India.
