Section 78: Power of State Government to make rules

(1) Subject to the other provisions of this Act, the State 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 conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of section 71;

(b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres;

(c) any other matter which is to be, or may be, prescribed.

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State.

Simplified Explanation

This section grants the State Government the authority to make rules for carrying out the purposes of the Narcotic Drugs and Psychotropic Substances Act within its jurisdiction. It outlines the scope of the rules that can be made by the State Government and provides a mechanism for legislative oversight.

Key Provisions of Section 78:

1. General Power to Make Rules:
   • The State Government has the power to make rules, by notification in the Official Gazette, to implement the provisions of the Act. The power to make rules is subject to the other provisions of the Act.
2. Specific Areas for Rulemaking:
   • Without limiting the general power to make rules, the State Government can make rules on the following specific matters:
     • Supply of Narcotic Drugs and Psychotropic Substances: The rules can regulate the supply of narcotic drugs and psychotropic substances for medical necessity to addicts registered with the State Government, as well as others who require them under Section 71(1) of the Act.
     • Establishment and Management of Centres: The State Government can regulate the establishment, appointment, maintenance, management, and superintendence of centres set up for the treatment and rehabilitation of addicts under Section 71(1). Additionally, it can make rules for the appointment, training, and duties of personnel employed in these centres.
     • Other Matters: The State Government may also address any other matters that the Act requires to be prescribed by rules.
3. Legislative Oversight:
   • Once the rules are made, the State Government must lay them before the State Legislature as soon as possible after their creation. This ensures that the Legislature has an opportunity to review the rules and assess whether they align with the intent of the law.

Implications of Section 78:

1. Flexibility for States:
   • This provision allows State Governments to tailor rules to local conditions and needs, particularly in managing the medical treatment and rehabilitation of drug addicts. It provides flexibility for each state to respond to its specific challenges related to narcotic drugs and psychotropic substances.
2. Alignment with National Law:
   • While granting powers to the State Government, the rules must still be consistent with the overarching framework of the Narcotic Drugs and Psychotropic Substances Act, ensuring that there is a uniform approach across the country, while allowing for state-level adaptation.
3. Legislative Scrutiny:
   • By requiring the rules to be laid before the State Legislature, the provision ensures accountability and transparency in how the State Government implements the law. The Legislature can scrutinize and, if necessary, amend the rules to ensure they meet the needs of the state’s population.
4. Focused Approach to Drug Addiction:
   • The focus on regulating the supply of narcotics for medical necessity and establishing centres for rehabilitation emphasizes a public health approach to managing addiction, rather than solely focusing on enforcement. This reflects the Act’s broader goals of addiction treatment and rehabilitation.

Example:

• A State Government may make rules to regulate the supply of morphine for pain relief to registered addicts under medical supervision. It may also set up rehabilitation centres for addicts, outlining the qualifications and duties of the staff working in these centres.

Conclusion:

Section 78 empowers State Governments to make rules for implementing the Narcotic Drugs and Psychotropic Substances Act, particularly focusing on the treatment and rehabilitation of addicts and the regulation of medical supplies. It ensures that the rules are subject to legislative oversight to ensure transparency and accountability in the implementation of drug control policies at the state level.