REGISTERED NO . DL-( N) 04/0007 /2003-11
रजिस्ट्री सं० डी० एल०(एन) 04/0007/ 2003-11
सत्यमेव जयते भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बृहस्पतिवार, सितंबर 8 , 2011/ भाद्र 17, 1933 ( शक ) 27] NEW DELHI , THURSDAY, SEPTEMBER 8 , 2011 /BHADRA 17, 1933 ( SAKA)
सं० 27] No.
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
LOK SABНА
The followingBill was introduced in the Lok Sabha on 8th September, 2011 :-
BILL NO . 78 OF 2011
ABillfurther to amend the Narcotic Drugs and Psychotropic Substances Act, 1985 .
BE it enacted by Parliament in the Sixty - second Year ofthe Republic of India as follows:-
1. ( 1 ) This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2011 .
Short title and commence- ment .
(2) It shall come into force on such date as the Central Government may, by notification inthe Official Gazette , appoint .
61 of 1985 .
Amendment of section 2 .
2. In section 2 ofthe Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the principal Act),-
(a) after clause (iv) , the following clause shall be inserted , namely:
"(iva) "Central Government factories " means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty - one per cent . of the paid -up share capital ; ' ;
(b) for clause (viia ) , the following clause shall be substituted, namely:--
'(viia) "commercial quantity " , in relation to a narcotic drug , psychotropic substance or any preparation of such drug or such substance , means any quantity 2
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of such drug, substance or preparation of such drug or substance greater than the quantity specified, in terms of the pure drug content or otherwise , by the Central Government by notification in the Official Gazette;' ;
(c) for clause (xxiiia) , the following clause shall be substituted, namely:--
'(xxiiia) " small quantity " , in relation to a narcotic drug, psychotropic substance or any preparation of such drug or such substance , means any quantity of such drug, substance or preparation of such drug or substance lesser than the quantity specified , in terms of the pure drug content or otherwise, bythe Central Government by notification in the Official Gazette; ' .
Amendment of section 9.
3. In section 9 of the principal Act , in sub - section ( 1 ) , in clause (a ) , after sub- clause (iii) , the following sub - clause shall be inserted, namely: ---
"( iiia) the possession , transport , import inter - State, export inter- State , warehousing , sale , purchase , consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing ; " . :
Amendment of section 10 .
4. In section 10 of the principal Act , in sub-section ( 1) , in clause (a) , in sub - clause (i) , after the words " poppy straw" , the words " except poppy straw produced from plants from which no juice has been extracted through lancing " shall be inserted.
5. For section 27 of the principal Act , the following section shall be substituted, namely:---
Substitution of new section for section 27 .
"27. Whoever consumes any narcotic drug or psychotropic substance in contravention of any provision of this Act or any rule or order made thereunder shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both . " .
Punishment for consumption of any narcotic drugor psychotropic substance.
6. After section 27A of the principal Act , the following section shall be inserted , namely:-
Insertion of new section 27B .
Punishment for contravention of section 8A .
"27B. Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine . " .
7. Insection 31 of the principal Act,-
Amendment of section 31.
(a) insub -section ( 1 ),-
(i) for the words " one -half of the maximum term " , the words " one and one- half times ofthe maximum term " shall be substituted;
(ii) for the words " one - half of the maximum amount " , the words " one and one-half times of the maximum amount " shall be substituted;
(b) in sub - section ( 2),-
(1) for the words " one - half of the minimum term " , the words " one and one- halftimes of the minimum term " shall be substituted;
(ii) for the words " one - half of the minimum amount " , the words " one and one-half times of the minimum amount " shall be substituted.
8. Insection 52A of the principal Act,-
Amendment of section 52A .
(a) for sub -section ( 1) , the following sub - section shall be substituted , namely:-
"(1 ) The Central Government may, having regard to the hazardous nature, vulnerability to theft , substitution , constraint of proper storage space or any 3 THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2]
other relevant consideration, in respect of any narcotic drugs , psychotropic substances , controlled substances or conveyances , by notification in the Official Gazette, specify such narcotic drugs , psychotropic substances , controlled substances or conveyance or class of narcotic drugs , class of psychotropic substances , class of controlled substances or conveyances , which shall , as soon as may be after their seizure , be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified . " ;
(b) in sub - section ( 2) , -
(i) for the words " narcotic drug or psychotropic substance " and " narcotic drugs or psychotropic substances " , wherever they occur, the words " narcotic drugs, psychotropic substances , controlled substances or conveyances " shall be substituted;
(ii) in clause (b) , for the words " such drugs or substances " , the words "such drugs , substances or conveyances " shall be substituted;
(c) insub -section (4) , for the words " narcotic drugs or psychotropic substances " , the words " narcotic drugs , psychotropic substances , controlled substances or conveyances " shall be substituted.
9.After section 57 ofthe principal Act, the following section shall be inserted, namely:- Insertion of new section 57A.
Report of seizure of property of the person arrested by the notified officer .
"57A. Whenever any officer notified under section 53 makes an arrest or seizure under this Act , and the provisions of Chapter VA apply to any person involved in the case ofsuch arrest or seizure , the officer shall make a report of the illegally acquired properties of such person to the jurisdictional competent authority within one hundred and eighty days of the arrest or seizure . " .
10. In Chapter VA of the principal Act, for the heading " FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN ILLICIT TRAFFIC " , the heading " FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY" shall be substituted .
Substitution of new heading forheading of Chapter VA.
11. In section 68B of the principal Act,-
(a) inclause (g) ,-
Amendment of section 68B .
(i) insub- clause (i), for the words " of this Act ; or " , the words " of this Act or the equivalent value of such property; or " shall be substituted;
(ii) in sub -clause (ii) , for the words " such property, " , the words " such property or the equivalent value of such property ; or " shall be substituted;
(iii) after sub - clause ( ii) , the following sub- clause shall be inserted, namely:-
"(iii) any property acquired by such person, whether before or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2011 , wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved , or the equivalent value of such property" ;
(b) for clause (h), the following clause shall be substituted , namely:-
'(h) "property " means any property or assets of every description, whether corporeal or incorporeal , movable or immovable , tangible or intangible , wherever located and includes deeds and instruments evidencing title to , or interest in, such property or assets;' .
Amendment ofsection 68D .
12. In section 68D of the principal Act, in sub -section ( 1 ) , for the words " any Collector ofCustoms or Collector of Central Excise " , the words " any Commissioner of Customs or Commissioner of Central Excise " shall be substituted .
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13. In section 68H of the principal Act, the following Explanation shall be inserted at the end , namely:-
Amendment of section 68H .
"Explanation.-- For the removal of doubts , it is hereby declared that in a case where the provisions of section 68J are applicable , no notice under this section shall be invalid merely on the ground that it fails to mention the evidence relied upon or it fails to establish a direct nexus between the property sought to be forfeited and any activity in contravention of the provisions of this Act. " .
Amendment of section 68-0.
14. In section 68-0 of the principal Act , in sub - section ( 4) , after the proviso , the following proviso shall be inserted , namely:-
"Provided further that if the office of the Chairman is vacant by reason ofhis death, resignation or otherwise , or if the Chairman is unable to discharge his duties owing to absence , illness or any other cause , the Central Government may, by order , nominate any member to act as the Chairman until a new Chairman is appointed and assumes charge or, as the case may be , resumes his duties .
Amendment of section 71 .
15. In section 71 of the principal Act, in sub -section ( 1 ) , after the words " identification , treatment " , the word " management, " shall be inserted .
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STATEMENT OF OBJECTS AND REASONS
The Narcotic Drugs and Psychotropic Substances Act , 1985 was enacted consolidating and amending the provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances under the Opium Act, 1857 , Opium Act, 1878 and the Dangerous Drugs Act, 1930. This Act was amended once in 1989 and subsequently in 2001. During the implementation of the Narcotic Drugs and Psychotropic Substances (Amendment ) Act , 2001 certain anomalies have been noticed . It is proposed to rectify those anomalies and make certain further changes to strengthen the provisions of the Act.
2. The amending Act of 2001 rationalised the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences , the addicts and those who commit less serious offences are sentenced to less severe punishment . Such provisions have sometimes been misinterpreted to imply that in determining quantities , only the pure drug content in the quantum of drug seized should be reckoned. Since the Act duly provides for punishment for preparations of drugs also , this amendment seeks to clarify the legislative intent to take the entire quantity of drug seized in a case for determining the quantum of punishment and not the pure drug content .
3.Provisions for tracing and seizing of illegally acquired properties pursuant to drug trafficking activity were introduced in the Principal Act by way of amendment in 1989 and were further strengthened in the amending Act of 2001. The need for further expanding the scope of such provisions and to broad base the definition of illegally acquired property so that it becomes more difficult for drug traffickers to enjoy the fruits of drug trafficking activity, has been experienced . It is proposed to do so by way of certain amendments .
4. The amendments also seek to put in place the enabling provisions for the introduction of an alternate method of obtaining alkaloids of opium through production of Concentrate of Poppy Straw instead of production and processing of opium, in the country. Besides , some other amendments seeking to address the anomalies arising out of the amendments made in 2001 are sought to be introduced along with measures to further strengthen the provisions of the Act .
5. The Bill seeks to achieve the above objects .
PRANAB MUKHERJEE .
NEW DELHI ;
The 6th September, 2011 .
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill seeks to amend section 9 of the Narcotic Drugs and Psychotropic Substances Act, 1985. By way of this amendment , it is proposed to confer on the Central Government the power to permit and regulate , by making rules , the possession, transport , import inter- State , export inter- State, warehousing , sale , purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing .
2.The rules as may be made by the Central Government are required to be laid before the Parliament . The matters in respect of which rules may be made by the Central Government in accordance with the provisions of the said Act are matters of procedure and administrative details and it is not practical to provide for them in the Bill itself. The delegation of legislative power is, therefore , of a normal character.
T.K. VISWANATHAN, Secretary -General .
PRINTED BY DIRECTORATE OF PRINTING AT GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI-2011 .
GMGIPMRND- 1912GI (S4)-13-09-2011.