1[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.]
1. Ins. by Act 2 of 1989, s. 20 (w.e.f. 29-5-1989).
Simplified Explanation
This section grants the Central Government the authority to issue directions to State Governments regarding the implementation and enforcement of the Narcotic Drugs and Psychotropic Substances Act.
Key Provisions of Section 74A:
- Central Government’s Authority:
- The Central Government has the power to issue directions to any State Government.
- State Government’s Obligation:
- The State Government is required to comply with the directions issued by the Central Government for the effective execution of the provisions of the Act.
Implications of Section 74A:
- Uniform Implementation:
- The provision allows the Central Government to ensure that the Act is being uniformly executed across all States. By issuing directions, the Central Government can coordinate the enforcement efforts of various States.
- State Government Accountability:
- The State Governments are bound to follow the directions given by the Central Government, ensuring that all States adhere to the central policies and guidelines for the regulation of narcotic drugs and psychotropic substances.
- Centralized Oversight:
- This power enables centralized oversight to ensure that the State Governments are effectively implementing the law in accordance with national objectives.
Example:
- If the Central Government identifies that a certain state is not adequately controlling the production of narcotic substances, it can issue directions to the State Government to take specific measures, such as enhancing enforcement or revising regulatory procedures, and the State Government must comply with these directions.
Conclusion:
Section 74A empowers the Central Government to direct State Governments on how to implement the provisions of the Narcotic Drugs and Psychotropic Substances Act. It ensures that the implementation of the Act is consistent across all states, facilitating a coordinated and effective national approach to narcotic control.
