Section 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.

Simplified Explanation

This section provides both the Central Government and State Governments the authority to delegate their powers and functions under the Narcotic Drugs and Psychotropic Substances Act to designated authorities, subject to certain conditions.

Key Provisions of Section 75:

1. Delegation by Central Government:
   • The Central Government can delegate its powers and functions (except the power to make rules) to:
     • The Board,
     • Any other authority, or
     • The Narcotics Commissioner.
   • The delegation must be done through a notification in the Official Gazette and can specify conditions and limitations for such delegation.
2. Delegation by State Government:
   • Similarly, the State Government can delegate its powers and functions (except the power to make rules) to:
     • Any authority or
     • Any officer of the State Government.
   • This delegation also requires a notification in the Official Gazette and may include conditions and limitations.

Implications of Section 75:

1. Efficient Governance:
   • The power to delegate enables the Central and State Governments to streamline administrative processes and ensure more efficient enforcement of the Act by allowing subordinate authorities or officers to carry out certain functions.
2. Decentralization of Power:
   • By delegating powers to local authorities or officers, this provision allows for more localized control and ensures that the implementation of the Act can be better tailored to the needs and conditions of specific regions.
3. Flexibility in Administration:
   • The conditions and limitations placed on such delegation provide the Central and State Governments with the flexibility to delegate tasks while still retaining overall control and oversight over the execution of the law.

Example:

• The Central Government may delegate the responsibility of regulating the production of narcotic drugs in a certain region to the Narcotics Commissioner or another designated authority, while still maintaining oversight.
• The State Government might delegate enforcement duties related to the illegal trafficking of narcotics to specific law enforcement agencies, such as the State Police.

Conclusion:

Section 75 grants both the Central and State Governments the ability to delegate their powers and functions, ensuring that the Narcotic Drugs and Psychotropic Substances Act can be implemented more effectively at both the central and local levels. This delegation supports administrative efficiency and localized enforcement, while maintaining control through specified conditions.