(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament.
Simplified Explanation
This section provides the Central Government with the authority to address any practical difficulties that may arise while implementing the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Key Provisions of Section 83:
- Power of the Central Government to Issue Orders:
- If any difficulty arises in giving effect to the provisions of the NDPS Act, the Central Government can issue orders to remove the difficulty.
- These orders can be made in the form of provisions that are not inconsistent with the provisions of the NDPS Act, but which are deemed necessary or expedient to overcome the difficulty.
- Time Limit for Issuing Orders:
- The Central Government can only issue such orders within a period of three years from the date when the NDPS Act receives the assent of the President.
- This ensures that the power is used during the initial phase of implementation, and that after three years, difficulties should be resolved through normal legislative or administrative means, rather than through special orders.
- Laying Orders Before Parliament:
- Any order made under this section must be laid before both Houses of Parliament as soon as possible after it is issued.
- This provides transparency and allows Parliament to review any such orders, ensuring that the Government’s use of this power is accountable.
Implications of Section 83:
- Flexibility in Implementation:
- The section provides the Central Government with the flexibility to resolve any unforeseen issues that may arise in the early stages of the NDPS Act’s implementation.
- For instance, if there are practical challenges in enforcing certain provisions of the Act, the government can issue orders to make temporary provisions to ensure smooth functioning.
- Limited Time for Action:
- The power to issue such orders is time-bound to a period of three years, which prevents the government from making permanent changes to the Act’s operation through these orders. After this period, any changes would need to be made through proper legislative processes.
- Parliamentary Oversight:
- Every order issued under this section is subject to Parliamentary scrutiny, ensuring that the powers used by the Central Government are not arbitrary and are open to legislative review.
Example:
- If, after the enactment of the NDPS Act, there is a practical difficulty in the implementation of the licensing process for the cultivation of opium, the Central Government may issue an order to modify the process temporarily.
- However, such an order must be made within three years of the Act receiving the President’s assent, and once issued, it must be laid before Parliament for review.
Conclusion:
Section 83 provides the Central Government with the necessary powers to resolve any implementation challenges during the initial stages of the NDPS Act, within a three-year period, while ensuring transparency and accountability through the requirement of laying orders before Parliament. It allows for temporary adaptations to the law’s provisions to facilitate its smooth operation, with checks in place to prevent long-term reliance on such powers.
