(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;
1[(ca) the manner in which controlled delivery under section 50A is to be undertaken;]
(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;
3* * * * *
(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 centres;
(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.
1. Ins. by Act 9 of 2001, s. 39 (w.e.f. 2-10-2001).
2. Ins. by Act 2 of 1989, s. 21 (w.e.f. 29-5-1989).
3. Clause (db) omitted by Act 28 of 2016, s. 227 (w.e.f. 1-6-2016)
Simplified Explanation
This section outlines the Central Government’s authority to make rules for the implementation and enforcement of the Narcotic Drugs and Psychotropic Substances Act, subject to the provisions of the Act. It allows the government to prescribe detailed procedures for various aspects of the law to ensure its effective administration.
Key Provisions of Section 76:
- General Power to Make Rules:
- The Central Government has the authority to make rules by notification in the Official Gazette for carrying out the provisions and objectives of the Act.
- Specific Areas for Rule-Making:
- The section outlines several areas where the Central Government may frame rules, including but not limited to the following:
- (a) Calculation of Percentages: The rules may specify the method for calculating the percentages of certain substances in liquid preparations for specific provisions in Section 2 (e.g., clauses related to the classification of narcotic drugs).
- (b) Form of Bonds: It provides for the creation of standard forms for bonds to be executed for ensuring peace (under Section 34) or for the release of an addict convict for medical treatment (under Section 39).
- (ca) Controlled Delivery: The government can prescribe the manner in which controlled delivery (as per Section 50A) should be conducted, ensuring that narcotic drugs or psychotropic substances are monitored and tracked through controlled operations.
- (d) Authentication of Foreign Documents: It prescribes rules regarding how documents from outside India can be authenticated (as per Section 66).
- (da) Management of Properties: Rules may be framed for the management of properties by the Administrator (as per Section 68G).
- (dc) Fees for Records Inspection: It sets out the fees for inspecting records and obtaining certified copies from the Appellate Tribunal (under Section 68-O).
- (dd) Civil Court Powers of Competent Authority: It may detail the powers of a civil court that can be exercised by the competent authority and the Appellate Tribunal (as per Section 68R).
- (de) Disposal of Confiscated Items: Rules on the disposal of articles or items that are confiscated under the Act.
- (df) Testing of Samples: Establishes the rules for drawing samples and the testing/analysis of such samples for narcotic drugs and psychotropic substances.
- (dg) Rewards: It provides for rewards to be given to officers, informers, and others who assist in the enforcement of the Act.
- (e) Conditions for supply of narcotics for medical necessity to addicts or others under Section 71.
- (f) Rules related to the establishment and management of centres for the treatment, rehabilitation, and management of addicts (under Section 71).
- (g) The appointment, tenure, and remuneration of members of the Narcotic Drugs and Psychotropic Substances Consultative Committee (under Section 6).
- (h) Any other matters the Central Government deems necessary to be prescribed.
Implications of Section 76:
- Detailed Implementation:
- This section empowers the Central Government to fill in the details of how the Narcotic Drugs and Psychotropic Substances Act will be enforced. It ensures that specific provisions of the Act are implemented with clarity and consistency through rules.
- Flexibility for Future Amendments:
- The ability to create rules allows the Central Government to adapt to new developments or emerging challenges related to narcotics control and treatment of addicts. This flexibility is important for keeping pace with changing circumstances, including advancements in medical treatment and enforcement practices.
- Standardization of Procedures:
- By prescribing standardized forms, procedures, and conditions in the rules, this section aims to ensure uniformity in the enforcement of the Act across different regions of India.
Example:
- Controlled Delivery: The Central Government may issue rules on how controlled delivery operations should be carried out, which could include how to handle intercepted narcotics, monitoring procedures, and how to ensure that these operations do not endanger public safety.
- Rewards and Recognition: If an informant provides crucial information leading to the seizure of illegal narcotics, the rules could outline the specific rewards or compensation they are entitled to for their cooperation.
Conclusion:
Section 76 grants the Central Government broad powers to create rules for the effective implementation of the Narcotic Drugs and Psychotropic Substances Act. The rules can address a variety of detailed operational aspects, from controlled deliveries to the management of rehabilitation centres, ensuring that the Act is applied consistently, flexibly, and effectively across India.
