MANUAL

UNDER SECTION 4(1) b (ii) OF

 RIGHT TO INFORMATION ACT, 2005

 

            POWERS AND DUTIES OF ITS OFFICERS AND EMPLOYEES

 

(1)       Narcotics Commissioner

 

                        The Narcotics Commissioner is the Head of the Department.   He undertakes overall supervision and control over all the activities of the Department. Apart from the general administrative powers of the Head of the Department, the following powers have been vested upon him under the NDPS Act, 1985:-

 

(i)         In accordance with the Section 5(2) of the NDPS Act, 1985, the Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government. 

 

(ii)        The Narcotics Commissioner, under Rule 4 of the NDPS Rules, 1985,   may perform all or any of the functions, or exercise any of the powers, assigned under these rules to the officers subordinate to him.

 

(iii)       Under Rules 10, 11, 12, 13, 14 and 15 respectively of NDPS Rules, Narcotics Commissioner has been empowered to:

 

(a)       Specify terms and conditions and functions of Lambardar (of a village) designated by the District Opium Officer.

 

(b)       Withhold or cancel a licence already issued to a poppy cultivator and specify the manner of destruction of opium poppy,

(c)        Specify the records to be maintained by the Lambardar and also specify further checks by such officers over the measurement conducted by the proper officer.

 

(d)       Specify records to be maintained by the Lambardar for weighment of daily produce of opium of the cultivator.

 

 (e)      To issue Instructions for delivery of opium, produced by the poppy cultivators; and

 

(f)         Specify the manner under which Opium produce is to be weighed, examined and classified according to its quality and consistence.

 

(iv)       Under Rule 28(1)(b) of NDPS Rules, 1985, the Narcotics Commissioner is also empowered to hear the appeal of  any cultivator aggrieved by any decision or order made or passed under these rules relating to refusal, withholding or cancellation of a licence for opium poppy cultivation by the Deputy Narcotics Commissioner.  Such appeal shall lie to the Narcotics Commissioner within thirty days from the date of the communication to him of such decision or order. Provided that if the Narcotics Commissioner is satisfied that the appellant was prevented from submitting his appeal within the time limit due to the reason beyond his control, allow such appeal to be presented within a further  period of thirty days.

 

(v)        The Narcotics Commissioner also allocates Medicinal (Excise) Opium to various State Excise Authorities for the purpose of distribution to the registered opium addicts, under indent, according to the provisions of Section 71 of NDPS Act 1985 and chapter VII-A of NPDS Rules 1985.

 

(VI)  Under Rule 37 (1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Rules, 1985, the manufacture of ‘manufactured’ drug notified under  sub-clause (b) of Cl. (xi)  of Section 2 of the NDPS Act is prohibited  save under and in accordance with  the condition of a licence granted by the  Narcotics Commissioner or such other officer as may be authorised   by the Central Govt. in this behalf , in  Form  No. 3 appended to NDPS Rules.  Additionally,  under the provision of Rule 46, the licensee shall maintain  true accounts of all transactions and furnish returns in such manner as may be specified by the Narcotics Commissioner. The stocks of the drugs and all accounts and records of transaction shall be open to inspection by any officer authorised by the Narcotics Commissioner under Rule 47.

(vii) Under the provision of Rule 55 (1) and  subject to Rule 53 of the NDPS Rules,1985 no narcotic drugs  or psychotropic substances specified in Schedule to the NDPS Act,1985 shall be imported into India without an Import Certificate in respect of consignment issued by the issuing authority i.e. Narcotics Commissioner in  Form No.4 appended in the NDPS Rules,1985. 

(viii) Under the provision of Rule 58 (1) and  subject to Rule 53 & Rule 53 -A  of the NDPS Rules,1985 no narcotic drugs  or psychotropic substances specified in Schedule to the NDPS Act,1985 shall be exported out of India without an Export Authorisation in respect of consignment issued by the issuing authority i.e. Narcotics Commissioner in  Form No.5 appended in the NDPS Rules,1985. 

(ix)       Under the provision of Directorate General of Foreign Trade (DGFT) notification issued from time to time under the Export-Import policy, the Narcotics Commissioner is the designated authority to grant a ‘No Objection Certificate’ (NOC) for (a) export of eight Precursor Chemicals, namely, Acetic Anhydride, Ephedrine, Pseudoephedrine, 3,4 Methylene Dioxypheyl-2- Propanone (3,4 MD-2-P), Methyl Ethyl Keton, 1-Phenyl-2-Propanone,  Potassium Permanganate, Anthranilic  Acid,   and (b) import of three precursor chemicals, namely, Acetic Anhydride, Ephedrine, Pseudoephedrine. In addition, four precursor chemicals, namely, Heliotropin  (Piperonol), Methyl Ergometrine Maleate, Ergometrine Maleate, Ergotamine Tartrate, which are not covered by the notifications issued by DGFT have also been brought under administrative control prior to their import.

(x) Import Contract for import of poppy seeds are also registered with the Narcotics Commissioner, as per the provision of Export-Import Policy 2002-07, issued by the Deptt. of Commerce, Ministry of Commerce and Industry, Govt. of India.  The import of poppy seed is allowed subject to the following conditions :-

(a)   Import permitted only from Australia, Austria, France, China, Hungary, The Netherlands, Poland, Slovenia, Spain, Turkey and Czech Republic;

(b)   The importer shall produce an appropriate certificate from the Competent Authority of the exporting country that opium poppy have been grown licitly / legally  in that country as per requirement of International Narcotics Control Board,  Vienna ; and

(c)   All import contracts for this item  shall compulsorily be registered with the  Narcotics Commissioner , Gwalior prior to import.

(2)             DEPUTY NARCOTICS COMMISSIONER (DNC):

 

There are two Deputy Narcotics Commissioners at Headquarters, Gwalior degisnated as (i) DNC (Admn.) and (ii) DNC (Enft.). The DNC (Admn) controls and supervises the overall administration of the office, while the DNC (Enft.) controls and supervises work of the Technical Section, Opium Section and also the enforcement function of the Department.  The DNC (Enft.) also exercise supervision over the Preventive and Intelligence Cells located at New Delhi and Guwahati, as these offices function directly under the Headquarters Office of CBN. The DNC (Admn.) is Head of Office for the purpose of appointment of Group ‘C’ & ‘D’ employees of the Department. The field  DNCs located at Neemuch, Kota and Lucknow supervise the work and function of the Opium Divisions and the Preventive and Intelligence Cells in the States of Madhya Pradesh, Rajasthan and Uttar Pradesh respectively. The field Deputy Narcotics Commissioners also function as an appellate authority under Rule 28(1)(a) of the NDPS Rules, in the matters relating to refusal, withholding or cancellation of a licence for opium poppy cultivation by the District Opium Officer. In addition, the field DNCs, for sufficient reasons to be recorded in written, can withhold or cancel a licence already issued under the provision of Rule 11(1) of the NDPS Rules, 1985.

 

(3)       ASSISTANT NARCOTICS COMMISSIONER (ANC): 

The Assistant Narcotics Commissioners in the Headquarters i.e. ANC (Hqrs.) and ANC (Technical) directly work under the DNC (Admn.) and DNC (Enft.) respectively.  The ANC (Headquarters) is also the Head of Office. In the Units, the ANCs directly work under the DNCs and undertake the  work and function as assigned by the field DNCs. In addition, the field ANCs, for sufficient reasons to be recorded in written, can withhold or cancel a licence already issued under the provision of Rule 11(1) of the NDPS Rules, 1985.

 

(4)       SUPERINTENDENT (PREVENTIVE):

The Superintendent (Prev.) is the over all Incharge of Preventive & Intelligence Cells. He supervises the work of officials working under his charge.

 

(5)       DISTRICT OPIUM OFFICER:

District Opium Officer (DOO) is the licencing authority for issue of licence for licit opium poppy cultivation in his Division under Rule 8 of the NDPS Rules, 1985. He also supervises all functions and duties relating to Licensing/Cultivation, Measurement and Test-measurement of poppy fields, Preliminary Weighment and Weighment/procurement of opium produce in respect of all cultivators in his division. He is the Drawing and Disbursing officer of his office and exercises superintendence over the division office. He also performs enforcement functions under the NDPS Act, 1985.

    

(6)       INSPECTOR:

The post of an Inspector is an executive post under CBN. The Inspector looks after all the work relating to cultivation as well as enforcement work and such other work as entrusted to him.

 

Under the NDPS Act, 1985 the Inspector has been entrusted to perform the functions as indicated in Section 42, 43, 44, 49 and 53 relating to search, seizures and investigation.

 

(7)       SUB-INSPECTOR:

An opium division comprises an average of 4-5 Ranges. A Sub Inspector in the Opium Division is the  in-charge of a Range. His primary duty is to undertake measurement of the area of all the licensed fields, to ensure that there is no cultivation of opium poppy without a licence.  He attends to all other related functions of his Range. At the time of weighment, the Sub Inspector assists the DOO and attends other work as assigned relating to procurement of opium, despatch of opium consignment to Govt. Opium Factories, etc.

 

In addition to the above functions, the Sub-Inspector also attends to the enforcement work and such other work as assigned to him in the field and Hqrs. Office of the Department.

 

Under the NDPS Act, 1985 the Sub-Inspector has been entrusted to perform the functions as indicated in Section 42, 43, 44, and 49 relating to search, and seizures.

           

(8)         ADMINISTRATIVE OFFICER (A.O)

            The Administrative officer is supervisory Head of the Administrative and Establishment branches of the Department.  The A.O. is also the Drawing and Disbursing Officer for Headquarters Office of CBN. 

 

 (9)      OFFICE SUPERINTENDENT

            The Office Superintendent is in-charge of his branch. He monitors and supervises the work relating to his branch / section and attends to work as assigned by his superiors. 

 

 (10)     DY. OFFICE SUPERINTENDENT:

            The Deputy Office Superintendents supervise the work of the Branches and also independently attend to work of complicated nature as assigned to them by superior officers.  

 

(11)     STENOGRAPHER :

Stenographers are posted as personal assistants to senior officers and attends to the stenography work including taking dictation in short hand and typing and such other work as assigned.

 

(12)     UPPER DIVISION CLERK:

UDCs are posted in the branches to attend to all types of ministerial work. 

 

(13)     LOWER DIVISION CLERK:

LDCs are posted in all the branches to attend to all types of ministerial work. 

 

(14)     HAVALDAR / SEPOY / PEON:

The Sepoy / Havaldar assist the Sub Inspector in measurement of poppy fields of licensed cultivators.  They also accompany the executive officer and render all necessary assistance during enforcement operations.  They are also required to guard Government buildings, escort opium consignments and render such assistance as is required in discharging the functions of the Department. 

 

 

(15)     DAFTARI / RECORD KEEPER:

They attend to the upkeep, maintenance, organization of records and separation thereof for disposal.

 

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