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AS INTRODUCED IN LOK SABHA

Bill No. 41 of 2017

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

(AMENDMENT) BILL, 2017
By
SHRI SUDHEER GUPTA, M.P.
A

BILL
further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985.
BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Short title,
(Amendment) Act, 2017. extent and
commencement.
5 (2) It extends to the whole of India except the State of Jammu and Kashmir.
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(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Insertion of new 2. After section 6 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the 61 of 1985.
sections 6A, following sections shall be inserted, namely:—
6B, 6C and 6D.
Constitution of "6A. (1) Without prejudice to the provisions of sub-section (3) of section 4, the 5
Opium Nodal Central Government shall, by notification in the Official Gazette, constitute an
Authority. Authority to be known as the Opium Nodal Authority to regulate production, cultivation,
marketing, import, export, research and development and health and welfare issues
related with opium.
(2) The Authority shall consist of— 10

(a) a Chairperson, who shall be a person having knowledge and

professional expertise of not less than twenty years in the discipline of
agriculture or healthcare or pharmaceuticals including three years experience
of working at the top management level in those disciplines;
(b) head and members of each of the Advisory Panels constituted under 15
section 6C, as members;
(c) Members of Rajya Sabha and Lok Sabha representing the States or
Constituencies, as the case may be, where opium is legally produced, as members;
and
(d) one representative each from the Union Ministries of Agriculture and 20
Farmers Welfare, Health and Family Welfare, Finance, Home Affairs and
Chemicals and Fertilizers, as members,
to be appointed by the Central Government in such manner as may be prescribed.
(3) The Chairperson of the Authority shall hold office for a period of six years.
(4) The members of the Authority shall hold office for a period of five years. 25

(5) The headquarter of the Authority shall be at such place as the Central
Government may, by notification in the Official Gazette, specify:
Provided that the Central Government may, in consultation with the State
Governments concerned, establish such number of regional offices of the Authority
at such other places as it may deem fit. 30

(6) The salary and allowances payable to, and other terms and conditions of the
service of the Chairperson and members of the Authority shall be such, as may be
prescribed.
(7) The Central Government shall appoint such number of officers and staff to
the Authority as it considers necessary for the efficient discharge of its functions 35
under this Act.
(8) The salary and allowances payable to and other terms and conditions of
service of officers and staff of the Authority shall be such, as may be prescribed.
Functions of 6B. The Authority shall—
the Authority.
(a) advise the Central Government with regard to such matters related to the 40
opium as production, cultivation, marketing, import, export, research and development
and health and welfare; and
(b) perform such other functions as the Central Government may assign to it,
from time to time.
Constitution of 6C. (1) The Chairperson of the Authority shall, by notification in the official Gazette, 45
the Advisory constitute five Advisory Panels, namely, Agriculture, Health, Narcotics, Vigilance, Research
Panels.
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and Development and Trade and Commerce for carrying out the functions assigned to them
under this Act.
(2) Each panel shall consist of —
(a) a Head; and
5 (b) ten other members, having not less than five years of experience in
the field of Agriculture or Health or Narcotics vigilance or Research and
Development or Trade and Commerce, as the case may be, to be appointed by the
Chairperson of the Authority in such manner as may be prescribed.
(c) The Head and other members of the Advisory Panels shall hold office
10 for a period of five years.
(3) The salary and allowances payable to, and other terms and conditions of the
service of the Head and other members of the Advisory Panels shall be such, as may
be prescribed.
6D. The Advisory Panels shall perform the following functions, namely:— Functions of
the Advisory
15 (a) the Agriculture Panel shall conduct an annual survey of licensed opium Panels.
farmers and prepare a list of eligible farmers; promote and propagate effective
cultivation practices of opium; monitor opium poppy marketing issues faced by the
farmers in dealing with the Central Bureau of Narcotics; and provide guidance on
management of destroyed opium crops;
20 (b) the Health Panel shall investigate various health and addiction issues
associated with opium as a recreational drug; survey production of essential alkaloids
from the opium harvest; study the issues which can be dealt with by medical
practitioners; and report problems and recommendations to the Authority;
(c) the Narcotics Vigilance Panel shall supervise and monitor smuggling and
25 illicit manufacturing of opium in collaboration with the departments established
61 of 1985. under the Narcotic Drugs and Psychotropic Substances Act, 1985;
(d) the Research and Development Panel shall conduct independent, objective,
ground-level and regular research on the issues relating to opium and the best
international standards for managing opium harvest and its by-products and report
30 the same to the Authority along with institutional problems faced, if any, and shall also
provide suggestions;
(e) the Trade and Commerce Panel shall conduct annual surveys on opium
poppy demand in India, export and import statistics of opium by-products and
recommend measures to improve the economic situation to the Authority; and
35 (f) all Advisory Panels shall perform such other functions as may be assigned to
them by the Chairperson of the Authority or by their respective Head, as the case may
be.".
 STATEMENT OF OBJECTS AND REASONS
Agricultural crises topple the lives of our primary producers all over the country. But
opium is one commodity where farmers have to brave it out slightly more than others owing
to not just erratic weather but also equivocal procedures, despite the fact that they are
engaged in its legal cultivation. Poppy is not only a commonplace household ingredient
world over, but is also processed by pharmaceuticals to obtain essential alkaloids like
morphine, thebaine, codeine, etc., which form the basic composition of most pain-killers,
cough syrups and chemo-drugs. So, the demand always tends to be more than the supply,
necessitating imports. It goes without saying that clearing the procedural drawbacks would
result in enhanced productivity, self-sufficiency and swift expansion of our export potential.
Opium is one of those rare crops which involve not just farming, cultivating, climatic and
marketing issues; but also health and welfare, smuggling, illicit manufacturing and organized
crime issues. The current supervisory body is the Central Bureau of Narcotics under the
Ministry of Finance, which is primarily concerned with narcotic abuse. But opium cultivation
requires an independent nodal body to collaborate with a wide spectrum of ministries (like
Commerce and Industry, Health and Family Welfare, Agriculture and Farmers Welfare,
etc.) to take holistic executive decisions.
The Bill, therefore, seeks to amend the Narcotic Drugs and Psychotropic Substances
Act, 1985 with a view to constitute an Opium Nodal Authority to regulate the production,
cultivation, marketing, import, export, research and development and health and welfare
issues related with opium in the country.
Hence this Bill.

NEW DELHI; SUDHEER GUPTA

February 10, 2017.

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 FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for establishment of Opium Nodal Authority to regulate
production, cultivation, marketing, import, export, research and development and health
and welfare issues related with opium. It also provides for appointment of officers and
staff for the Authority. It further provides for constitution of Advisory Panels by the
Chairperson of the Authority. The Bill, therefore, if enacted, would involve expenditure from
the Consolidated Fund of India. It is estimated that an annual recurring expenditure to the
tune of rupees five hundred crores will be involved.
A non-recurring expenditure of about rupees one hundred crores is also likely to be
involved.

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 LOK SABHA

————

BILL
further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985.

————

(Shri Sudheer Gupta, M.P.)

GMGIPMRND—4748LS(S3)—03-03-2017.