CHAP FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN, ILLICIT TRAFFIC

1*[CHAPTER VA] FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN, ILLICIT TRAFFIC

68a. Application.

68A. Application. (1) The provisions of this Chapter shall apply only to the persons specified in sub-section (2). (2) The persons referred to in sub-section (1) are the following, namely:- (a) every person who has been convicted of an offence puni- shable under this Act with imprisonment for a term of five years or more; (b) every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside India; (c) every person in respect of whom an order of detention has been made under the Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988; Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a court of competent jurisdiction; (d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c); (e) every associate of a person referred to in clause (a) or clause (b or clause (c); (f) any holder (hereafter in this clause referred to as the "present holder") of any property which was at any time previo- usly held by a person referred to in clause (a) or clause (b) or clause (c) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.

68B. Deffinitions.

68B. Deffinitions.In this Chapter, unless the context otherwise requires,-- (a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 68N; (b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, means-- (i) any individual who had been or is residing in the resi- dential premises (including out-houses) of such person; (ii) any individual who had been or is managing the affairs or keeping the accounts of such person; (iii) any association of persons, body of individuals, part- nership firm, or private company within the meaning of the Compa- nies Act, 1956 (1 of 1956), of which such person had been or is a member, partner or director; (iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (v) any person, who had been or is managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (vi) the trustee of any trust, where,-- (1) the trust has been created by such person; or (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts, on the date on which con- tribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date; (vii) where the competent authority, for reasons to be reco- rded in writing, considers that any properties of such person are held on his behalf by any other person, such other person; (c) "competent authority" means an officer of the Central Gover- nment authorised by it under section 68D; (d) "concealment" means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means; (e) "freezing" means temporarily prohibiting the transfer, conv- ersion, disposition or movement of property by an order issued under section 68F; (f) "identifying" includes establishment of proof that the pro- perty was derived from, or used in, the illicit traffic; (g) " illegally acquired properrty", in relation to any person to whom this Chapter applies, means,-- (i) any property acquired by such person, whether before or after the commencement of this Chapter, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illicit traffic; or (ii) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes-- (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; (h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or inte- rest in, such property or assets, derived from, or used in, the illicit traffic; (i) "relative" means-- (1) spouse of the person; (2) brother or sister of the person; (3) brother or sister of the spouse of the person; (4) any lineal ascendant or descendant of the person; (5) any lineal ascendant or descendant of the spouse of the person; (6) spouse of a person referred to in sub-clause (2), sub- clause (3), sub-clause (4) or sub-clause (5); (7) any lineal descendant of a person referred to in sub- clause (2) or sub-clause (3); (j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property; (k) "trust" includes any other legal obligation.

68C. Prohibition of holding illegally acquired property.

68C. Prohibition of holding illegally acquired property. (1) As from the commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds any illegally acquired property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the Central Government in accor- dance with the provisions of this Chapter: Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illicit traffic.

68D. Competent authority.

68D. Competent authority. (1) The Central Government may, by order published in the Official Gazette, authorise any Collector of Customs or Collector of Central Excise or Commissioner of Income-tax or any other officer of the Central Government of equivalent rank to perform the functions of the competent authority under this Chapter. (2) The competent authorities shall perform their functions in respect of such persons or classes of persons as the Central Govern- ment may, by order, direct.

68E. Identifying illegally acquired property.

68E. Identifying illegally acquired property. (1) Every officer empowered under section 53 and every officer-in-charge of a police station, shall, on receipt of information that any person to whom this this Chapter applies has been charged with any offence pun- ishable under this Act, whether committed in India or outside, proceed to take all steps necessary for tracing and identitying any property illegally acquired by such person. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institution or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub- section (2) shall be carried out by an officer mentioned in sub-sec- tion (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.

68F. Seizure or freezing of illegally acquired property.

68F.Seizure or freezing of illegally acquired property. (1) Where any officer conducting an inquiry or investigation under section 68E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in frustrating any procee- ding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: Provided that the competent authority shall be duly informed of any order made under this sub-section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent auth- ority within a period of thirty days of its being made.

Explanation --For the purposes of this section, "transfer of pro- perty" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limit- ing the generality of the foregoing, includes-- (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.

68G. Management of properties seized or forfeited under this Chapter.

68G. Management of properties seize or forfeited under this Chapter. (1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint secretary to the Government) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 68F or under section 68I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures, as the Cen- tral Government may direct, to dispose of the property which is for- feited to the Central Government.

68H. Notice of forfeiture of property.

68H. Notice of forfeiture of property. (1) If, having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other infor- mation or material available to it as a result of a report from any officer making an investigation under section 68E or otherwise, the competent authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particculars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the Central Government under this Chapter. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notiec shall also be served upon such other person.

68I. Forfeiture of property in certain cases.

68I. Forfeiture of property in certain cases. (1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 68H, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable apportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the compe- tent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent autho- rity may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1). (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired pro- perty, it shall declare that such property shall, subject to the provisions of this Chapter, stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this Chapter, then, the company shall, notwithstand- ing anything contained in the Companies Act, 1956 (1 of 1956) or the articles of association of the company, forthwith register the Cen- tral Government as the transferee of such shares.

68J. Burden of proof.

68J. Burden of proof. In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 68H is not illegally acquired property shall be on the person affected.

68K. Fine in lieu of forfeiture.

68K. Fine in lieu of forfeiture. (1) Where the competent autho- rity makes a declaration that any property stands forfeited to the Central Government under section 68I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person afeccted shall be given a reasonble opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 68I and thereupon such property shall stand released.

68L. Procedure in relation to certain trust properties.

68L. Procedure in relation to certain trust properties. In the case of any person referred to in sub-clause (vi) of clause (b) of section 68B, if the competent authority, on the basis of the infor- mation and materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such propery was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 68H and all the other provisions of this Chapter shall apply accordingly.

Explanation -- For the purposes of this section "illegally acquired property", in relation to any property held in trust, includes-- (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in rela- tion to such author or contributor; (ii) any property acquired by the trust out of any contri- butions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.

68M. Certain transfers to be null and void.

68M. Certain transfers to be null and viod. Where after the making of an order under sub-section (1) of section 68F or the issue of a notice under section 68H or under section 68L, any property refe- rred to in the said order or notice is transferred by any mode what- soever such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfei- ted to the Central Government under section 68I, then, the transfer of such property shall be deemed to be null and void.

68N. Constitution of Appellate Tribunal.

68N. Constitution of Appellate Tribunal. (1) The Central Govern- ment may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman and such number of other members (being officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 68F, section 68I, sub-section (1) of section 68K of section 68L. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of the Supreme Court or of a High Court. (2) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.

68-O Appeals.

68-O. Appeals. (1) Any person aggrieved by an order of the competent authority made under section 68F, section 68I, sub-section (1) of section 68K or section 68L, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from fing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. (3) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal. (4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a Bench of two members and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal: Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing of such point or points and such point or points shall be decided according to the opinion of that member. (5) The Appellate Tribunal may regulate its own procedure. (6) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.

68P. Notice or order not to be invalid for error in description.

68P. Notice or order not to be invalid for error in description. No notice issued or served, no declaration made, and no order passed, under this Chapter shall be deemed to be invalid by reason of any reason of any error in the description of the property or person men- tioned therein if such property or person is identifiable from the description so mentioned.

68Q. Bar of jurisdiction.

68Q. Bar of jurisdiction. No order passed or declaration made under this Chapter shall be appealable except as provided there and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken of any action taken or to be taken in pursuancce of any power conferred by or under this Chapter.

68R. Competent authority and Appellate Tribunal to have powers of civilcourt.

68R. Competent authority and Appellate Tribunal to have powers of civil court. The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the code of Civil Procedure, 1908, in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath' (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or doccumentts; (f) any other matter which may be prescribed.

68S. Information to competent authority.

68S. Information to competent authority. (1) Notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the Central Govern- ment or a State Government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purpose of this Chapter. (2) Every officer referred to in section 68T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.

68T. Certain officers to assist Administrator, competent authority andAppellate Tribunal.

68T. Certain officers to assist Administrator, competent autho- roty amd Appellate Tribunal. For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and required to asists the Administrator appointed under section 68G, competent authority and the Appellate Tribunal, namely:-- (a) officers of the Narcotics Control Bureau; (b) officers of the Customs Department; (c) officers of the Central Excise Department; (d) officers of the Income-tax Department; (e) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973); (f) officers of police; (g) officers of the Narcotics Department; (h) officers of the Central Economic Intelligence Bureau; (i) officers of the Directorate of Revenue Intelligence Bureau; (j) such other officers of the Central or State Government as are specified by the Central Government in this behalf by noti- fication in the Official Gazette.

68U. Power to take possession.

68U. Power to take possession. (1) Where any property has been declared to be forfeited to the Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 68G or to any person duly auth- orised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any pro- perty referred to in sub-section (1), requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

68V. Rectification of mistakes.

68V. Rectification of mistakes. With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order. Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable apportunity of being heard.

68W. Findings under other laws not conclusive for proceedings under thisChapter.

68W. Findings under other laws not conclusive for proceedings under this Chapter. No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedinngs under this Chapter.

68X. Service of notices and orders.

68X. Service of notices and orders. Any notice or order issued or made under this Chapter shall be served- (a) by tendering the notice or order or sending it by regis- tered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner proveded in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whome it is intended is known to have last resided or carried on business or personally worked for gain.

68Y. Punishment for acquiring property in relation to which property inrelation to which proceedings have this taken, been under Chapter.

68Y. Punishment for acquirring property in relation to which property in relation to which procceedings have this taken, been under Chapter. Any person who knowingly acquired, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may exteld to fifty thousand rupees.']

CHAP MISCELLANEOUS

CHAPTER VI MISCELLANEOUS

69. Protection of action taken in good faith.

69. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

70. Central Government and State Government to have regard tointernational conventions while making rules.

70. Central Government and State Government to have regard to international conventions while making rules. Wherever under this Act the Central Government or the State Government has been empowered to make rules, the Central Government or the State Government, as the case may be, subject to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which India may become a party. 1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989).

71. Power of Government to establish centres for identification,treatment, etc., of addicts and for supply of narcotic drug andpsychotropic substances.

71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances. (1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re- integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity. (2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.

72. Recovery of sums due to Government.

72. Recovery of sums due to Government. (1) In respect of any licence fee or other sum of any kind payable to the Central Government or to the State Government under any of the provisions of this Act or of any rule or order made thereunder, the officer of the Central Government or the State Government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrears of land revenue. (2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section 34 and section 39) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of the Indian Contract Act, 1872 (9 of 1872); and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrears of land revenue.

73. Bar of jurisdiction.

73. Bar of jurisdiction. No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely:- (a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; (b) weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addition to, the standard price made in accordance with such examination; (c) confiscation of opium found to be adulterated with any foreign substance.

74. Transitional provisions.

74. Transitional provisions. Every officer or other employee of the Government exercising or performing, immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall on such commencement, be deemed to have been appointed under 385 the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement. 74A. Power of Central Government to give directions. 1*[74A. Power of Central Government to give directions. The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.]

75. Power to delegate.

75. Power to delegate. (1) The Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authority or the Narcotics Commissioner. (2) The State Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any authority or officer of that Government.

76. Power of Central Government to make rules.

76. Power of Central Government to make rules. (1) Subject to the other provisions of this Act, the Central 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 method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (v), (vi) (xiv) and (xv) of section 2; (b) the form of bond to keep the peace to be executed under section 34; (c) the form of bond to be executed for release of an addict convict for medical treatment under sub-section (1) of section 39 and the bond to be executed by such convict before his release after due admonition under sub-section (2) of that section; (d) the authority or the person by whom and the manner in which a document received from any place outside India shall be authenticated under clause (ii) of section 66; 2*["(da) the manner in which and the conditions subject to which properties shall be managed by the Administrator under sub-section (2) of section 68G; (db) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 68N; (dc) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining the certified copy of any part thereof under sub-section (6) of section 68-O; (dd) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 68R; (de) the disposal of all articles or things confiscated under this Act; (df) the drawing of samples and testing and analysis of such samples; (dg) the rewards to be paid to the officers, informers and other persons; (e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the Central Government and to others under sub-section (1) of section 71; (f) the establishment, appointment, maintenance, management and superintendence of centres established by the Central Government under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres; (g) the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Narcotic Drugs and Psychotropic Substances Consultative Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 6; (h) any other matter which is to be, or may be, prescribed 1. Ins. by Act 2 of 1989, s. 20 (w.e.f. 29-5-1989). 2. Ins. by s. 21, ibid. (w.e.f. 29-5-1989).

77. Rules and notifications to be laid before Parliament.

77. Rules and notifications to be laid before Parliament. Every rule made under this Act by the Central Government and every notification issued under clause (xi) of section 2, section 3 and clause (a) of, and Explanation (1) to, section 27 shall be laid, as soon as may be, after it is made or issued, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

78. Power of State Government to make rules.

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.

79. Application of the Customs Act. 1962.

79. Application of the Customs Act, 1962. All prohibitions and restrictions imposed by or under this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 (52 of 1962) and the provisions of that Act shall apply accordingly: Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.

80. Application of the Drugs and Cosmetics Act. 1940 not barred.

80. Application of the Drugs and Cosmetics Act, 1940 not barred. The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.

81. Saving of State and special laws.

81. Saving of State and special laws. Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India.

82. Repeal and savings.

82. Repeal and savings. (1) The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1 of 1878) and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

83. Power to remove difficulties.

83. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by 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.