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
Simplified Explanation
This section outlines provisions for the continuity of service for officers and employees of the Government who were performing duties related to narcotic drugs and psychotropic substances prior to the commencement of this Act.
Key Provisions of Section 74:
- Continuity of Service:
- Officers or employees of the Government who were already exercising or performing duties related to matters covered by the Narcotic Drugs and Psychotropic Substances Act before the Act came into force, are deemed to have been appointed under the relevant provisions of the new Act.
- They will be treated as if they were already serving under the provisions of the Act and will continue to hold the same post and designation that they had before the commencement of the Act.
Implications of Section 74:
- Seamless Transition:
- This provision ensures a smooth transition from the previous regulatory framework to the new Act without disrupting the careers of government officers or employees who were already involved in the regulation of narcotic drugs.
- No Break in Service:
- Officers and employees do not need to go through a new appointment process or face any discontinuity in their service or designations. They continue to serve in their existing roles under the new legislation.
- Recognition of Prior Service:
- The experience and service of officers before the enactment of the Act are recognized and carried over. This helps to preserve their expertise and ensures they can continue their work without legal or administrative hurdles.
Example:
- Before the Act Came into Force: A government officer was responsible for regulating the cultivation of opium poppy under a different law.
- Upon Commencement of the Act: That officer is deemed to be appointed under the new Narcotic Drugs and Psychotropic Substances Act to the same position and with the same duties, without needing to be reappointed.
Conclusion:
Section 74 facilitates a smooth transition for government officers or employees who were already working in matters related to narcotics before the Act’s commencement. It ensures that they continue to serve in their roles under the new Act, maintaining continuity of service and recognizing their prior duties, thereby preventing disruption in the enforcement of narcotic control regulations.
