Section 7A: Narcotic Drugs and Psychotropic Substances Act

1[7A. National Fund for Control of Drug Abuse.–(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto–

(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide;

(b) the sale proceeds of any property forfeited under Chapter VA;

(c) any grants that may be made by any person or institution;

(d) any income from investment of the amounts credited to the Fund under the aforesaid provisions.

2[(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for–

(a) combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;

(b) controlling the abuse of narcotic drugs and psychotropic substances;

(c) identifying, treating, rehabilitating addicts;

(d) preventing drug abuse;

(e) educating public against drug abuse;

(f) supplying drugs to addicts where such supply is a medical necessity.

(3) The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.]

(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint.

(5) The Governing Body shall have the power to regulate its own procedure.]

Simplified Explanation

Section 7A introduces the National Fund for Control of Drug Abuse, a financial mechanism designed to support efforts in combating drug-related problems in India. It outlines the creation, funding, application, and management of this fund under the supervision of the Central Government.

Key Provisions of Section 7A

1. Constitution of the Fund (Sub-section 1)

• Name: The fund is termed the National Fund for Control of Drug Abuse.
• Notification: The Central Government formally constitutes this fund through a notification in the Official Gazette.
• Sources of Credit: The fund’s corpus is built from the following sources:
  • Government Allocation: Appropriations made by Parliament.
  • Forfeited Property Proceeds: Sale proceeds from property forfeited under Chapter VA of the Act, which deals with the forfeiture of illegally acquired property.
  • Grants and Donations: Contributions from individuals, institutions, or organizations.
  • Investment Income: Returns from investments made using the fund’s resources.

2. Application of the Fund (Sub-section 2)

The fund is used by the Central Government to finance various measures aimed at combating drug abuse and related issues, including:

(a) Combating Illicit Traffic: Actions against illegal trade of narcotic drugs, psychotropic substances, and controlled substances.
(b) Controlling Drug Abuse: Strategies to reduce and prevent the misuse of drugs.
(c) Rehabilitation of Addicts: Initiatives to identify, treat, and rehabilitate individuals with drug addiction.
(d) Prevention Programs: Campaigns to raise awareness and discourage drug abuse.
(e) Public Education: Educating citizens on the dangers and consequences of drug abuse.
(f) Medical Necessity Supplies: Provision of drugs to addicts when deemed medically necessary.

3. Governing Body (Sub-section 3, 4 & 5)

• Constitution:
  • The Central Government establishes a Governing Body to oversee and advise on the utilization of the fund.
  • The Governing Body also sanctions expenditures, subject to limits set by the government and notified in the Official Gazette.
• Composition:
  • A Chairman: Must hold a rank not below that of an Additional Secretary to the Central Government.
  • Up to six other members, appointed by the Central Government.
• Functions:
  • The Governing Body is empowered to regulate its own procedures, ensuring flexibility and efficiency in decision-making.

Purpose and Significance

1. Centralized Financial Resource

• The fund provides a dedicated financial mechanism for combating drug abuse and trafficking, ensuring adequate resources are available for these critical activities.

2. Addressing Multiple Aspects of Drug Abuse

• From prevention and public education to rehabilitation and enforcement, the fund supports a comprehensive approach to tackling drug-related issues.

3. Encourages Community and Institutional Support

• By accepting grants and donations, the fund allows for private sector and community participation, broadening the base of support for anti-drug initiatives.

4. Accountability and Oversight

• The creation of a Governing Body ensures transparency and accountability in the use of funds, with clear objectives and procedural autonomy.

Practical Applications

1. Law Enforcement Support: Financing operations to crack down on drug trafficking networks.
2. Rehabilitation Centers: Establishing and maintaining facilities for treating and rehabilitating drug addicts.
3. Awareness Campaigns: Funding public awareness programs about the risks and consequences of drug abuse.
4. Medical Supplies: Providing necessary medications to those undergoing treatment for addiction.

Comparison with International Practices

• Many countries have similar dedicated funds to tackle drug abuse, often funded through penalties, forfeited assets, and government allocations. Section 7A aligns India with global practices by combining law enforcement, public health, and education under a unified financial strategy.

Conclusion

Section 7A of the NDPS Act establishes a robust framework for funding anti-drug initiatives. By pooling resources from multiple channels and ensuring governance through a dedicated body, it ensures that India can effectively address the multifaceted challenges of drug abuse and trafficking. Let me know if you’d like examples or further clarification!