\ THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AUTHENTICATION OF DOCUMENTS) RULES, 1992' In exercise of the powers con$?md under clause (iil of at ion 66 and section 76 af the NWW& Drugs end PsychPtmpk S W r i c e s &, 1985 (61 qf 1985h the Cmtral Gmxmmotf hereby m t k thefilkmbg rules, namc1y:-
1. Short H t k Md *nnmencemtnt.-(i) These rules may be called the Narcgtic Dmfp Pnd byehvtropk Substances (Authentication of Dommmts) Rub, 1992.
(hi They shall come into force on the date? of their publication in the Official Gazette.
2 Authority for authenticafion and the manna of authentication of documda.-Any document, received from any place outside India in the c o w of inyestigation of any offence under the Narcotic Drugs and Psydtotropic Substances Act, 1985 (61 of 1985), purporting to have affixed, imimplessed or subscribe thereon or thereto the seal and signature of any person who is authorbed by scction 3 of the Diplomatic and Cavwulv OfTicers (Oath and Pees) Act, 1948 (41 of IN), to do any notional act shall be deemed to be duly authenticated for the purposes of clause (i) of section 66 of the first m e n t i d Act.
THE FW3VENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1288 IluTaODUCTlON InIndiPtransittrafficinillicitdmgshasbeenmtheincre?asewldchraused problems of abuse and addiction. It created an illicit demand for- drugs with& the country aad d t e d in the illicit cultivation and nanufachw of drags. 'Ihe de@m& penal povigions in the NuEotic Drugs and Psy&o@opie Substames Act, 1485 and other legdative, administrative and preventive measures were found inadequate to control the illidt transit traffic in drugs. The Conservation of Foreign fixchange and Prevention of Smu@ng Activities Act, 1974 provides for preventive detention in relation to srnuggUng of drugs and psychotropic substances, but it cannot be invoked to deal with persans engaged in the traffic of drugs and psychotropic substances within the country. It was, therefore, felt that a praventive detention law should be enacted with a view to effectively immabiliae the pe- engaged in an W of illicit traffic in narcotic drug8 and psychotropic substance8. To achieve & objective the President promulgated the Prevention of Illicit Traffk in Narcotic Drugs and Rychotropic Substances Ordinance, 1988 on 4th July, 1988. To replace this Ordinance the Narcotic Drugs and Psychotropic Substances Bill was introduced in the Parhment.
STATEMENT OF OBJECTS AND REASONS In recent years, India has been facing a problem of transit traffic in illicit drugs. The spillover from such traffic has caused problems of abuse and addition. This trend has created an illicit demand for drugs within the country which may result in the increase of illicit cultivation and manufacture of drugs.
Although a number of legislative, administrative and other preventive measures, including the deterrent penal provisirms in the Narcotic Drugs and Psychotropic Substances, Act, 1985, have been taken by the Government, the transit traffic in illicit drugs had not been completely eliminated. It was, therefore, felt that a preventive detention law should be enacted with a view to effectively imrnobibing the traffickers. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 provides for preventive detention in relation to smuggling of drugs and psychotropic substances, but it cannot be invoked to deal with persona engaged in illicit traffic of drugs and psychotropic substaws within the country. It was, therefore, felt that a separate legislation should be e n a d for preventive detention of persohs engaged in any kind of illicit traffic in narcotic drugs and psychotropic substances. Accordinsly, the President promulgated the Prevention of Illicit Traffic in Narcotic DRlgs and Psychotmpic Substances O r d i e , 1988 on 4th July, 1988. The Ordinance provided for the following, among other things, ~me1y:- (9 The Central Government and the State G w e ~ t s have been empowered to make orders of detmtim with resped to my p~son (ind@i a foreigner) if they are of ophtion that it is necessary w to tm THE NARCOTIC DRUGS AND PSYCHO'TROPIC SUBSTANCES (EXECUTION OF BOND BY CONVICTS OR ADDICTS) RULES, 1985' In excrcise of thr powers conferred by section 76, read with sections 34 and 39 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules. namely-
1. Short title and commencement.-(1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985.
(2) They shall come into force on the date2 oh their publication in the Official Gazette.
2. Form of bond to be executed under section 34.-Whenever any person is convicted of an offence punishable under any provis~on of Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), the form of bond which a court may require him to execute under section 34 of the Act, shall be as in Form 1 appended to these rules.
3. Forms of bonds to be executed under section 39.-(1) When any person addictea to any narcotic drug or psychotropic substance is found guilty of an offence punishable under section 27 of the Act and the court directs that such person be released for undergoing medical treatment on his entering into a bond, the form of such bond shall be as in Form I1 appended to these rules.
(2) When any person released for undergoing medical treatment for retoxification or de-addiction under sub-section (1) of section 39 of the Act is required by the court to enter into a bond before his relase under sub-section (2) of that section, the form of such bond shall be as in Form 111 appended to these rules.
FORM I (See rule 2) BOND TO ABSTAIN FROM COMMISSION OF ANY OFFENCE UNDER CHAPTER IV OF THE NARCOTlC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 Whereas I .............................. (name), sonldaughterlw~fe of ....................... inhabitant of ...................... (place), have been called upon to enter into a bond to abstain from the comm~ssion of any offence under Chapter IV of the Act, for the term of .............................
1 hereby bind myself not to commit any such offence during the said term and, in case of my making default therein. I hereby bind myself to forfeit to the Government the sum of rupees ...........................
........................ ........... ......... Dated this day of 20 (Signahre)
1. Vide S.O. 912 (E), dated 26th December. 1985, published in the Gazette of India, Extra.. Pt 11, Sec '4 (iil. dated 26th December, 1985.
2 Came into force on 26-12-1985.
111 112 The N,Rf?S. (Execution d W b y Convids ~ A W i c t s ) Rules. 1885 (Where a bond with auretieb is required to be executed add) ~ ." . i . , "L . . .& .~ . *ha t Gmemment the sum of wpm ...........................
'M. dab. .....;........iR..&y afi ............... M ....,.
@k&-f-j ., .
bind myself to appear before the wurt and m i v e sentence when called upon during the sai& -;ifi$ rus: 46 .i#*&' Wdt tkr&, I ,br&y.&l@ m e t to,b@ ~ b : the Govemmnt the SF of y%3%. ..?...... Y..l ......
............ Rated this ................* dily of ; .... aO ...........
(Signature) ,(Where a ixSd with sueties is to be executed add) "> . . . . . . .
:' W & *'-IVa, sureticsfor the above named that heishe will fkm cmnmi&ofi of dfehce ~naet Chapter M of the W a d c Dru$s'and Psy$\ocmpk Act, lW, &wing fhe said berm and wi h B / L fathtw'so to abstain, he/she will appear before the cwyi snd receive sentence when called upon dwing tko said term and in cane of hi$/h& titiking default therein, we bind ourselves pintly and severally to forfeit to ti@ sum of rupees ............................ - &W this... ,,.. .... A y &.,, ........... ZO ,.,.. ,.. . .
mLsv&& THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMITTEE RULES, 1988' In ttrercise of the powm m a in^ sub-sections (3) and (5) af section 6 qf the Nmcatic Dnrp and Peychotmpic Substances Act, 1985 (61 of Z985), the Cmhrrl GOQ@IUWB~ hrrcby t h e m ~ 1 % 4~:- CHAFTER I lKHLIklINARY
1. Short title md commencement.-41) These rules may be cslted the Warrotic Drugs and Psychotropic Subtances Consultative Committee Rules,
1988.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Dtfinitio~.-In these rules, unless the context otherwise requires,-
(i) "Committee" means tlw Narcotic Drugs and Psychotropic Substances Comultative Committee;
(ii) "the he meats the rules framed under the Narcotic Drugs and Psychotropic SubtPnces Ad, 1985 (61 of 1485);
(iii) "the Act" means the Narcotic Drugs and Psychotropic Substance6 Act, 1985 (51 of 1985);
(iv) "official members" mean members, who are appainted to the Committee by virtue of their official positions under the Central Government;
(v) "nonofficial members" mean the members other than official members;
(vi) words and expressions used h d i and not defined but defined in the Act and the rules framed thereunder ahall have the meanhg;3 respectively assigned to them in the Act.
CHAPTER I1 GENERAL RULES
3. Appointaent of Comnittee.-(l) The members of the Committee shall be appointed by the Central Government.
(2) No member shall be appointed to the Committee unless he or she is wiUing to serv@ on it.
(3) Casual vacancies in the Committee, caused due to resignation or otherwise of non-official members, shall be filled from amongst persons of
1. V& G.S.R. 1151 (B), dated 7th Docomber, 1988. published in the Gazettr af ImW Extra.
Pt U, Sn 3 (i), dated 7th D F C p h r , 1988.
g e w e a h , ud W g r o u n d , & the field of drug, abuse hut ohall- far* pqssible, be spensored by the ~in"istrie8 -,md of the Government of Mia.
4. Tern of Office of C@ttee.-(l) The term of official members of the Committee shall be ex @do.
(2f*kmi wf h b - 6 f f f d d ~ ~ ~ of tiu Conrmiltee shdl, uhkaa extended ~ r ~ , ~ b f ~ c n ~ ~ od of exten* shallnot be fortaPre&m~yeu,atatinte. a maximum ad 2 years.
5. b i p a t i o n from Committee.-A member may resign his seat horn the Cemdttee by writing under bh3 band, addressed to the CRaiman of the Committee.
6. -, of tha Cemnit(eo.-(l) The iw h n c e &Minister of &&e k.&e MixMy ad F h s w t i e r - c h p af Depk&mmt of Rwenue) shall be the Cha*man of Ute CDm9littee.
(2) If the Qukatan ki, for any reason, unable to act. the Committee shall w;my&~'l;nnnbertoartil~-mforthatsitting.
7. Quorum in the Comdttee.-(l) The q u o m to emstihtte a sitting of the CkefudWek b, a8 mar m wsy-be, one-thisd of* total number of members of tht Cormnittee.
(2) fP at any time %ed for any s i W i of the Committee, ot if at ay time during any such sitting, there is no quorum, the Chairman of the Cornmi- slzaU eitbar wspnd the hetting untik tbrt? is a quorum or agpurn tke sitt*lg to some bRrsr.Fky.
8. Sittinge of the C8nmitMe.-The sit&@ of the CommitVe~shall~be held on such days and at such how as,ttie Cheirman of the Cammittee mayfirc.
9. venue 05 ~&ti@.--Tht mWhg af the,CommlMec map be tield in New DeH or mywhefe 'h lnia,"as ,nzay'be decided bg the, Chaimm ef the Committee. Unless the Central 4b&&wW dc$& to the contrary, t h meetings Of the &3BllmiWM bh Wd @Ia.riy+m..
I to. ' D . h w sf ' membcfil 'IWentJ!@m stttinp of Commitke.4f a member is absent from two or more consecutive sittings of the Commi%ee, lwitlwut the pe-m of- thr!. motion may be moved in the Committee for the dkdrargs wf such froat t3w CmmnitW.
ComuWtee are nom+ed by the -stlrhae&akritb. by the Chairman.
11. Pilling of vacancies in th Wee.-In the case of any vacmicy Comitbec &ail be &emhe& tPy:agm@ity snd voting. ,- .. ,g:: .. . ~ : ., . ,
13. Casting Vote of Chairman.-ln the case of an equality of v o w on any matter, the chairman, ot the petson acting as w&, shall have a second or casting vote.
CHAPTER I11 RULE OP PROGEDURA AND CQNDUCT OF BUSWEsS 14 Powm to .pp& Subcnm~nWe.-(l) The Cwrmitbe m y appoint S u b - C W t e - prmally ot faa d d e r a t h of ang particular matter.
(2) The SubCommiw, to be appointed for the purpoee, shall be as follows:-
(a) a GubCOmmiPtee, tQ ire headd by Se.aetary in the Department of Revenue for hx&iq into tfro various aspects of d m , and @) a Sub-Committee, to be headed by w a r y in the Ministry of Health and Femily Welfare for lwkhg into tk various aspects of deaddiction treatment, hb&t&c3n, social- reintegration af drug addicts and other covvrected matters.
(3) The Su-w mentioned at sub-ruk (2) above shall be awktsd by the DirectwGmeral, Narcotic Control Bureau and the Medical Superintendent SafdPiung Haspital, New Dew whs shall act as Member-%wtsries of the respactive Comndttees.
(4) The Camnittee m y , if it deem necessary so to do for the efficient discharge of any of its functions, constitute more sub-committees for the purpoee, and may appoint to any such mb-committe~ any p e r m (including a nonofficial) who 16 not a member of ttw Cornmittse.
15. Stranpa to withdrew when Cammi* delibnetca-All persons other than tn~mLwm of the CQmmittee and offieem of the Government of India shall withdraw whenever the CommiUee is deliberating.
16. Adoption of the Agenda and considuath3n of rrprcsentotions.-(l) The Committee shall consider the Agwda, as may be referred to it, by the Central Caveemtent.
(2) It may from tSme to time coneider rspreamtations rscaivd by it and make appmprtate ~ecommon&th thrseQh ta thh Cmtrd Ciowmment.
17. Rapemtion of Agsnda-The C d t t e e may consider and advise the Central Governmt on the folloapin% tna&fs relating to the sdmhietratlon of the Act, namely:-
(i) formulation of a natiml policy on klt iwth of opium poppy, a u u b i s plant, production QI opium and cannabis fhanp) and &her mrimtk cinrgs alfd psychtropk mb8-i ) implementation of the International Teaties and Conventions on Narcotic tlrugs and Psychohpic Substances hludinp implementation of international dttategim and poJJcies which could be &MI& decided for implemmtill action by the Central Government hz pursuance of the r~~ommendariaar made by the LntemstiDnal Conference on Drug Abuse and Illicit Trafficking held in June, 1987, at the ministerial level, in Vienna;
(iii) formulating a Master Plan an supply reduction and demand tledsctkw atrategies including-
(a) drug abuse cmtrol by social and educational action;
(b) beatinant, fehrbWtiQn, ktc, of addicts:
ftw) perk& mvbw af the wayking of the Mmmtk Drugs and F%pWmpic Substamm Act 1985 and the rulas fcwrd thereunder bylbCcntrtlGwmrment:
(v) such ofher matters relating to administration of the said Act as may brr r e W to the sald Committee by Central G o v m t from time -t.c !he.
18. Record of d#dcione.-A record of Me decisions of the Cmnmlttee shall be mainwined d &dated to membem of the Committee under the dieeelton of the Chairman.
19. Wprt of Sub-(kmmfttee.-n\e order of reference to ct 8ubCommittee shall cle&Hy Mate the point or points for investigation. The mpwt of the Sub- C m i t t e e shall be tonsidered by the whale Conunittee.
20. Special &--The Committee may, if it thinks fit, makes a spzial rttpwt cm a@ matter that arises or comes to Eght in the course of ite work which it may consider mmsary to M"g to the notice of the Cheirman, wtwitbtanding that such matter is not d M y oonnceted with, or does not fall within or is not incidental to, its terms of rekrence.
2'1. Rcport.-(l) The repart of fhe Committee shall be presented within one month of the date on which refkrence to the Committee has been made.
(2) Reports may be either preliminary or final.
(3) The report of the Committee shall be signed by the Chairman on behalf of the Committee:
Provided that in case the Chairman is absent or is not readily available, the C-tke shall choose another member to sign the report on behalf of the Committee.
(4) The Committee may, if it thinks fit, make available to Government any m l e t e d part of its mwrt.
h PO&CZ to nuke ; on pmdun-The Committee skall have power to pa@ teaohstion on matters af procedure relating to that Committee.
23. Power of Chairman to give dim&-(l) The Chairman may, from tiaPn- tn time, issue audr diwtions a# he may con8idsr negmmy f ~ r repWion of its &we and the oqpisalion qf its work.
'(I)IIanpdo~btuiseeonenypointof~Foecdutectrothem*e,theChairwan may, if ke bhhb Ht, refa the points to the CommiW, whwe majority decision shall be final.
24. URfinihd work of Cornnittee.-The Committee, which is unable to emplete its work before the stipulated period fwd for its premntatian, either dw to ucm-Wg of vxancies c& by the resignation or otherwise of nanoiWd qetnberst may do m dfte the new members are inducted into the same.
CHAmER IV REGULATION OF ALLOWANCE FOR MEETINGS
25. Regulation of travelling allowance and daify allowance h r Members of Puliament.-(l) In tfrc case 8f Membew of Parll(unent borne on Ule ConmriMae, in respect of journeys pcrfonned by d, road, air and steamer in ammaSon 4th the work of the Committee, they will be entitled to travelling albwance on the same scale as is a-Ie ta than unda setion 4 of the Salarks end A I l a w a n ~ of Members of Parliament Act, 1954.
(2) A Member Bf PaNImPnt will oldinaclly bawl by rail utilising the free Hrst clasa rail pass issued to him. He may also travel by rft at his discretion. Air travel should not, however, be mr ted to w a matter of wqrsp and in exercising his diecretion, the Member should take into awamt f ~ t w like urgency of work, distance to be travelled, time at his disposal, etc.
(3) Far rton+iaI nronrbers.-In the case @kr non-official members, normally, a m?mb@~ should travel by Hrst c b s by rail. In wpxt of such journeys, he will be treated at par with c ; W m w t officers of the Fimt Grade and will be enticled ta first dass rail-fare.
(4) Whee, however, the Administrative Ministay considers that a ~oh-official mpmber h d d travel by A.C.C. they my, at their discretion, qllow AC.C.
travel whea this cmawion is, in their opinion, justified by fuLWlment ef me or more Ule following conditions:-
(a) When a person. is required to travel in air-conditioned on on grounds of health or because of very advanced age and/or infirmity.
(b) Where a p e r m is or was entitled to travel in air-conditi~ned coach under the rules of the organisation to which he belongs or might have belonged before retirement.
(c) Where the Administrative Ministry is satisfied that A.C.C. travel by rail is the customary mode of travel by the non-official concerned in respeet of journeys unconnected with. the performance of Catefimrat duty.
(5) In respect of journeys by air, air travel should not be ped t t ed as a matter of course. Each case will be e x a m i d m merit6 l q d ttre Ministry Wncmned, and pemSslon for air-have1 granted only ~ f l t tan be certified &it a i r - h d hs w t and remtmy in the public inkreat.
(6) A non4Idal member, when authoriaed to Wave1 by air, shan be W l e d to travel by Economy (Tourist) dass when two c l a m of a c c o r n d ~ ~ , Ce., Rwt uld &-y (Tourist) Class acCMtUrPOdBtion, am avaiiabk an the airlines.
(7) ,in cases when? &r-travel i 8 authorked, a non-offkial mnnber will be entitled to one standard a i r - fa .
(8) Every member is required to purcha~e return ticket, wherever it is available, whm it is expected that tho retum journey can be the - expiry of the pefiod for which the tehafn ticket is avatlable. The Hileage allowance for ihe forward and return j oun~p when such rebm ticket is available will, however, be the actual cost of the return ticket.
(9). U in any in$ividual w, a mkafficiizl member a s k for general pwmbian, to ,-el, by in w o n with his duties aq ' a member of pep^.-, the ~ k a t i v e M i t q bay exmine the cpse bn merits and grant general permission to& iadi~i&d.wpcW, to have1 by air wt@&j that the npn-official conce~'haIi i tual ly u?cOdMCw.HHM the t"- . . d @&I &ty.
($0) ~n t h a w re- '&enwept d m . w h o at b;*6i,,'*ir r & m m t ~ m d c w i n g + ~ y db. 5,100 a n d ~ a b a v ~ ~ ~ . s a l a + em l'pyw of W % e instiWm au@nomousbadies, who draw 6 pay.$&..$ilOO and ~ . B . . w Y be pe*llod 5:tKavel bg .+ by M**/aeppstments ip connectim with the work d ths Cowtee: . , Paowiclad that it) Ure ~ a s e d .thpe who.were/are drawing a pa of Rs. 4,100 i . ,. to .SA~M B~IIY: &so k ~~d to- bwd by air, at W tian an , the jqumey caw&k perf@ w@t by txah?,and:the dhwe involved i s . n ~ . h + @n w. Lwplsa , w irgment &.daily dlmnulor. ho *be4 of ~ulbwmt4;i W* the F d a m ~ .w .Parlianrenhry C&W on which a .Man& is sowing .is in msicm? th- Membns will rrot: beentitlod ta dzew any daily sltpWu\ce jib cowWtr)n with hh a@igmnent an the otficipl Conunittee w he wllk be &awirg& his daily allowance under @tion 3 of the Salary, Allow&%x%& P w i m of of P p 1 b m n t Act, 1954, from the P a r l i f , Secretariat cowqed.
% ~ ~ Y c T , if he e, tbat he wap preymted f roq attending the Semi& of the House or the Parliamentary Committee, because of his work connected with fl$ Committee and did not draw any daily allowance from the Parliament, he would be entitled to draw daily allowance as indicated above.
(2) When a Member of Parliament appointed to the Committee is allowed free boarding and lodging at the expense of the Central Government or State Government, etc., in which Government funds have keen invested or in which Govemment have any other interest, the payment of Daily Allowance will be regulated under Members of Parliament Travelling Allowance and Daily Allowance Rules, 1957.
(3) A Member of Parliament will also be entitled to daily allowance for two days refeding and two days following the meeting if the Member of Parliament actu aE y stays at the place of the meeting.
(4) Daily a l lmnce to mn-o&inl members.-A non-official member will be entitled to daily allowance at the west rate applicable to Central Government employees of the First Grade. The daily allowance shall be calculated in the same manner as applicable to Central Government employees, the entire absence in their cases being reckoned from and to their ordinary place of residence.
(5) In exceptional cases, where the Administrative Ministries concerned are satisfied that the work on the Committee is of such continuous or responsible nature 9s to necessitate the non-official devoting far greater time and energy to it than he can be ordinarily expected to spare, the rate of daily allowance for stay at the place of meeting may be increased upto a maximum of Rs. 100 per day.
The enhanced rate of daily allowance will be admissible only for actual days of meeting and also the day preceding and/or the day following the meeting if the non-ofkial actually stays at that place on these days.
(6) Daily allowance will be subject to the usual eonditiars laid down in S.R.
73, as amended from time to time. The Administrative Mitries would, however, be competent to relax the mle in cases where the conditions prescribed in clauses (a) and @) thereof are satisfied.
(7) When a m-afficial member, appointed to the Committee, is allowed free boarding and lodging at the expenses of the Central or State Government, ete., in which Government funds have been invested or in whii the Government have any other interest, he ahan be entitled to one-fourth of daily allowance ad&ible to him under these rules. If only board'f is allowed free, daily allowance shall be admissible at arehalf of the admissib1e rate. If any lodging is allawed hoe, daily a h a n c e shall be admissible at ~~ of the admissibk rate.
(8) Conrqmw dlowance.-A non-oWcial member, resident at a plaee where the meeting of the Committee is held, will not be mtltled to haveWmg allowance or daily &ame on Ule scales indicated above, bat wiU be allowed only tJw actual cost of conveyance hire, subject to a maximum of Rs. 75 per day. Before the claim is actually psid, the CmtroLllng Officer should verify the dairn and satisfy himself, after obtaining such details ss may be considered .necessary, that the actual expenditure was not less thon the amount claimed. In casw he is not satisfied with the details, he may, at hie discretiw, limit the cmveyance allowance to road dbge .
(9) If such a member uses his own car, he will be granted mileage allowance at the rates admissible to officials of the First Grade, subject to a maximum of Rs. 75 per day.
THE ILLEGALLY ACQUIRED PROPERTY (RECEIPT, MANAGEMENT AND DISPOSAL) RULES, 1989' In exercise of the powers conferred by section 76 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the follow'ng rules, namely:-
CHAPTER I PRELIMINARY
1. Short title and commencement.-(1) These rules may be called the Illegally Acquired Property (Receipt, Management and Disposal) Rules, 1989.
(2) They shall come into force on the datez of their publication in the Official Gazette.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) "Administrator" means any officer appointed by the Central Government under sub-section (1) of section 68G of the Act;
(c) "Form" means Form annexed to these rules;
(d) "Fund" means the National Fund for Control of Drug Abuse, constituted under sub-section (1) of section 7A of the Act;
(e) "godown" means a godown for storage of property received under sub-section (2) of section 68G of the Act.
CHAPTER 11 ASSISTANCE TO THE ADMINISTRATORS
3. Assistance to the Administrators.-The Central Government may provide from time to time such members of staff and other persons as it thinks fit to assist the Administrator in exercise of his powers and performance of duties under these rules.
CHAPTER 111 DESIGNATION OF GODOWNS, RECEIPT AND MANAGEMENT OF PROPERTY
4. Designation of godowns.-(1) The Administrator shall designate as many godowns as may be necessary for the storage of property mentioned in the orders made under sub-section (1) of section 68F or sub-section (3) of section 68-1 of the Act.
1. Vlde S.O. 384 (E), dated 29th May, 1989, published in the Gazette of India, Extra.. Pt. 11.
Sec. 3 (ii). dated 29th May, 1989.
2. Came into force on 29-5-1989.
121 k. in *Y ~ l e (I), n d u n iXPM)pmy luecprr and a @arm-in- , .
5. Ftopcr a-ting af prop&lmcTk:krtminishator shall, at .Wc time of re&v@ the pmporttcS, m b t ~ ~ iWl&tiw of .wch pFopsrty with reference to its particulars mentioned m the order made wufa sulSaecrtiaa fl) of section 68F or sub-section (3) of sectio~,68-1 of the Act, as the case may be.
6. Godown register.-The recording entries in respect of nrlt 730 'bk lmimhed. , . . , ~. . , . . . 1 preciour etastes &w Uaasr.di9araod urd w* yatehes (&~&afCr called 'v-3, to be maintained.
) The A d m i n i ~ t r a ~ sshall ensure that the kept in the godown in an iron safe and vault, y: ' imahiq wlth . the . gatbwn-keeper ., and the
(2) Wheq, for any valid re&, it is found that the packages containing valuables mqy not, be &pt in god-, such pa&ges. &all bc kept kr, lockers obtained exkIustt\;e , eitlaer wt&anybmndt of the Reserve Bank o f W c i a r i i f ~
(4) The packages re to ih sub-rules (1) and (a) shell be stored systematically casewise, serialwise, yearwise and with proper identification marks to facilitate re-+yk and ,hpe&on.
9. Managem& of l k d ad b&dhg.--% ~dminiibatdr may authorise my o e e f r+md tb fn'settkd &!"Bf 'w taiGt pwesdon d r y m a t .bnd oi'birfftting & &pee df wl\kk- , : .
(i) an order of seizure of freezing of such l& or bulldig has been made under sub-tion (1) of section 68F of the Art; or
(ii) an order for forfeiture of ~ u c h landor building has been made under sub-bock! (1) d seotian89rl ,d the Act.
10. Occupation of lad.= bwdw.+$%j %?a my property in the nahlre pwesioq d a lassee nr a tenant a q d - a ~ y t such ' 11) of ,f @F of the Act h.& made, I* AWXWS*~~~ my &= w m&t to continue in o c l t i b ew& land or building in accordance with such terms and conditions which'eiWLidtM the date of passing an order under sub-section (1) of section 66F of the Act.
(2) The k m n e daived froa suck property ohall b e . k p t with the Administrator until such time the competent authority dedaras the property forfeited under subfiection (3) of section 68-1.
13) W ' k p any praprrty is d d & nat kble to be f h i t e d under the Act, the Adnirris[retof 'shall, wittrtn m b l e m e , remm to the prson such pmp&y &?.he Broane derived1therrhm &e# deducting su&expensefi if any, which were incurred on the mahtmance rhd mne&memt of the property.
1. Bead af lurd or bulldw-The , . Adn\inletmtar shall maintain a word of land ot',km ik F ~ r n III.
1% '%* uf p r o m o t W than vdupbler.--(I) Movable.property other than v a l u a b W ' ~ W&sd M almirahs and A&.
-'&&& and . rack W h a w a'skk-card indtcating the emnumber and full desaiption of the property.
, 13: Ptabaent of stock-car&.-The godown-incbrge shall enam that the ra& or almirahs or any other thing US& &r stor&@ of p""rty, display stock- & IndWhg the &we nunbcr iidi'u11 &m+ptlan e the p r o m &&.
'$4 *&q 4, re-ec~lie&,{t the pwkap.+l) Where any package .is to ' , bi opened fbr any reaSpn,,'.the s a p &ilkbe opened in& presence af .tkownek and the con@ '@oWn-ih-char@ after obtaining me stder of 'dw AdminZstrator.
(2) ihe packages shall be re-sealed immediately after the purpose, for whfh such pac- were wried, is fulfilled in the presence of the owner and t)ie gcldown-Lr,&fge.
. . ., . , ' .
f3) kt the 'time of ~ l i n g r . &.owner, . . and; the concerned @own-S* . , . .
charge, shall affix their seals.
15. Maintenance of seized/confisuted ~ o n v e ~ ~ c e s ~ o n ~ ~ ~ a n c e s , such as aircrafts, vessels, motor vehicles and any ofher mode of conveyance shall be properly maintained by the gakwPb-&Ug@.
, , . C H A F E R IV DISPOSAL OF PaOPERn
16. DiyPoul of l i d ; ~~ ttf.-S&&t to tkewalo proseeds bkbn&ersditd.tmthe W m d e z 8wtiotbFA of the Aft, the AdmWnfor d d and property . w M is perlahable in natura or prone to he deems fit.
$9. Birpd. ofvrftllbh-Subject to the srle pt.Qcaeds being credited to the ? A d * A& &.Ad~i%hbtratol: shrrtl dispcr~ed tho b d w in the Mowing manners, ~~~- (I) Gald, gold ferulfery, sihm rmd sMan jewEi1ery.-The vabbles, n m l y , gold, gold jewellery, silverqdsilver jewellery shall be dep i t ed in the Government of India Miits which shall credit the value of such property to the Central G,memment.
(2) ~iamo&.-~oud and uncut diamonds shall besold either by auction or tender to import licence holders against debit of their liemxs. Ctit and p a l h k l &mnWtds shell be eald by eue(ion or tender with the t@d-I:ic eonditibn that such diamonds shall be exported.
(3) Pr&w and s e n r i ~ ~ ~,~ than dinnwds.---(i) Rough and U M l t ~ d ~ p r e c i 0 ~ 8 s t o n C s o ~ r h ~ W be aold by auftion oz render to holdem of impost lifieRces against debit of theb licences in the iabental marlret
(ki) Cut and pdiFshed pracious and semi-prwiow sr@nepJ &r than diamonds, shall be sold internally, by auctiDn or by WE.
Disposal Of cummy.--Il) k&n and Foreign cunency shall be depmitd with the Reserve Bank of India or any Natic&wd Bank.
(2) The amount so deppgitad BhaU be credited to the Fund ccmtituted under this Act.
19. Riipod of the pmperty.-Pqerty other than thodle mentioned in rules 16 w 18 shall be &posed of by pubk auction.
20, Msposl1 of land or buiMng++u&t to the relevant provisians, of my or building shall be disposed of by tender or by public auction.
21. Dis-1 of ronveymcs.-Conveyances, such as aircrafts, vewb, vehicles and other mode conveyance shall be sold by public auction of or by tender.
22. Furnishing Reports and Retuma-The Administrator shall hnish a quarterly statement to the Narcotic8 Control Bureau indicating fhe value of the propertjr received atid disposed of and the closing balance of al l p@w kept in the godowna and bank.
CHAFTER v MISCeLUINEOUS
23. Periodical Reports.-The godovfn-in-charge shall submit, every month, a report to the Administrator of the propeay received or d q m 4 of during the period.
24. P e d d d i w n . - = Admhistrator a view to muring saw! P f O F and ma~gemenf of all properties in the MOWN), d u c t Phw?- and v d b t i o n with the help of such officers as he thinks fit.
25. Recod of receipt md disposl1.-The Administrator shall maintain a mwrd of reaipt and dispod ef 111 properties w i v e d and d of under these rules. He &a11 also maintain an accmt of all Immm iwmivgd iurd expenditure incured on receipt martaganent and dispaaal of such p-.
FORM I (See rule 6) GODOWN REGISTER
1. Codown enby S1. No.
2. Namtic Drup Ud WychotrqrL: Subotanoa. crime No.
3. Lkdptian d property in Ure sealed ~ / n n ~ m .
4. No. of p a e k a g e s / a , n ~ ~ ~ .
5. Quantity (package/mtainerwiise).
me IH- Acquinwl Propeq (~mt, Mamgmmt end Disposal) I)&, lm 125 a, Nunaf~) and addlWs@) of of.
1:
7. Name with offieial designsfion and address of seitlng/dqpsittng o h .
8. FacsimUe of ?ha eeal put en the packa~/con(ainem by ,f debin@ officer/ depositing officer.
9. Pate and time of deposit.
10. Particulars of exit and re-entry for exhibiting to competent autkmlty/Triburral.
11. Date and time of removal for disposal.
12. DispoM1 particulars.
13. Certificate of dlsposal including price payment pluticuh and credit to the Fund.
14. Wmrks of the Inspcanp -8).
FORM I1 (See rule 7) GODOWN REGISTER POR VALUABLE*
1. Godown enhy SL No.
2. Narcotic Dnrgs and Psychohopic Substen~s Criine No.
3. theription of the valuables in p a c k a p / c o n ~ .
4. No of paekagcs/containers (itemwiae).
5. Condition of seal Lt the time of entry.
6. Quantity (package/eontainerwk).
7. Mam@(s) and adbsstes) of accused.
8. Name with &kcid &&a(fon pnd address of sdzing/depositing officer.
9. Faahit@ of ltre seal put a\ the ~ g e ? / ~ ~ by tfre s&hg/depoeiring offk+r.
10. Date and time of dPpasit.
11. Puticulam of out and re-en&y for exhibiting to oompetent authority/Tribunal.
12. Da@ and time of removal for diapaeP1.
13. J % p 4 p.rtifulars.
14. CertBcaOe of &pod ineluding price payment particutats and credit to the National Fund for Canaol of Abuse.
15. Remark8 of the ~~ mkafs).
*Valuables will indude: (I) Preaoua and s a n i w u a stmes; (2) Cold and utides of gold; (3) JeweUery; (4) Wver and articles of dm; and (9 Watches.
FORM 111 (See rule 11) RECORD FOR LAND AND BUILDING SL. &ima No. Partieulats Location Dxaipbm as Area Value Annual Remark;
NO. d the lsnt perMunidpal ( m e w income onmerfs) rwonue ofland) nmrds 1 2 3. 4 5 6 7 8 9 THE APPELLATE TRIBUNAL FOB FORFEITED PROPERTY (PROCEDURE) RULES, 1989~ In aercise of the powm wnferred by subsection (5) of &ion 68-Q of the Narcotic D W ~ E end P s y ~ h t m p i c Substances Act, 1985 (62 qf1985). the ApplIQt~. Tnbunaljbr Fotfated Property hereby makes the following rules, namely:-
1. Short title and commencement.-41) Thm rules may be called the Appellate Tribunal for Forfeited P ~ p e r t y (Procedure) Rules, 1989.
(2) They shall come into force at once.
2. Definitions.-In these rules, u n l a the context otherwise requires,-
(a) "Act" means the Narcotic fhuss and Psychotropic Substances Act, 1985 (61 of 1985);
(b) "appeal" mans an apwal riled under sub-section (1) of section 68- 0;
(c) "appellant" means a person who, being aggrieved by an order made by the competent authority, prefers an appeal to the Tribunal and includes the authorised representative of the appellant;
(d) "authorised representative" mkans--
(i) in relation to an appellant,- (A) any person b e i i a relative of the appellant and authorised in writing by the a p p e W to attend betore the Tribunal; or
(8) a legal practitioner entitled to practice in any civil court in India, who is authorised in writing by the appellant to attend before the Tribunal; or (C) an accountant, being a member of the institute ~f Chartered Accountants of India constituted under section 3 of the I Chartered Accountants Act, 1949 (38 of 1949) w thc lnstihlte of Cost and Worka Amuntants of India constituted under section 3 of the Cnst and Works Accountants Aft, 1959 (23 of 1959), who is authoristd in writing by thc appellant to attend before the Tribunal; or
(ii) in relation to a competent authority who is a party to any proceedings before the Tribunal,- - (A) a Law Officer of the Central Government;
(B) a Government Pleader or Standing Counsel to the Central Govemment by whatever name called;
(C) any officer of the Central Govemment notified in th~s behalf by the Central Government by notification in the Official Gazette;
1. Vide S.O. 70 (E), dated 22nd January, 1990, published in the Cazeite of Inrlie, Extra, PI. U, Sec. 3 (ii). dated 22nd January. 1990.
126 @) any 1-1 pWti t ionr a o-r of th C3enbl Gevemunent a U t h W in mi@ b*hafPby tha Cmhal Gavea?mt ot the -t (E) any other legal piacaitianer or officer of the Central Gov-mt &ting en behalf af the pcm w nstiried or authorid;
(e) *Bench" meam a Bench d the Ttibunal c d t u t e d under mtbwdion (J) bf ( I ) Of EeCtim ebct
(f) "Chainnannnannnan means the c%ahman of the l'ribunal;
($) "competent authority" means a competent authority as defined in 8 u W o n (1) of section 68D;
(h) "legal repmaentative" mew a perJen who in law represents the estate of a dece~sed person, and includes any person heated by the T h l as repmeding the deceased penon Sn the proceedings pending before the Tribunal;
0) "mPmber" mans member of the Tribunal and includes the Chairman;
Ij) "party" in relation to an appeal means an appellant or the respondent, and the exp&on "parties" shall be construed to mean the appellant and the respondent;
4 ) "Registrar" means the Registrar of the Tribunal and includes such other affiSet who is a u ~ ~ by the Chairman to perform the h c t i m of the Registrar;
(I) 'bction" means a =tion of the Act;
(m) "Tribunal" means the Appellate Tribunal for Ferfeited Property, ~3natituted by the Central Government under sub-section (1) of sect^ 68N.
3. of the Tribrr~t1.-(1) The pleadings before the Trihunal may, at tkBopt ia f ia f therespact ivep~ ,bc in~orhHindi .
(2) All orders and other pmcdhge of the Tribunal map, at the option of tt\e Idbtmal, be in English or in ffirr81.
4. YIcLdqumhn of thc TrBmrl, -41) The Headquartenr of the Tc ibv~ l shall be at'ESew DeM.
(2) Appeals and petitions may be heard at the Headquarters m at the d%cr&on of W ChaShnan, at h n b q , Wdrs, M t t a , Alklrabhd or my other piate.
(3) T ' k office of the Tribunal &ill obmve suh pubtie and u t k ~ holidsys as are hwcd by h e offifes of & Central GovemJMIt.
5. Procedure far filing appeal8 and #Hons.-(l) Any p e m a w e d by an order of the competent authority made under section 68F, section @-I, subsection (11 of seetkm 6 8 ~ or section WL ma)* p f e r an appeal tattraTdbutial; and every menpandun of a p p d shall be in the Iomr annexed to thesecrate$.
(2) A memorandum of appeal shall be in English or in Hindi' and shall set forth condseiy and under distinct heads the grounds of appesl wtthout any argument or narrative and such grounds shall be numbered consecutively.
(3) Every mwnorpndum of appeal or petitiqn shall be in quadruplicate; and in the cam? of a memorPndum of appeal it shall be m p a n i e d by four copies of the order appealed against, one of whichshall beeither a certified copy of such order or the order served on the appellant.
(4) The a d d m Bjven at serial number 9 of the farm appended to thew rules as referred to in sub-rule (1) shall be called the "registered address" of the a p p e w a d shall until duly changed by an application to the Tribunal be deemed to be the address of the appellant for the purpose of the service of all notices, p r m and other communications in the appeal and other connected proceedings till the final determination of the appeal and a period of three man* thereafter.
(5) In every appeal. the competent authority which passed the order appealed against, shall be impleaded as one of the mpmdents.
(6) A me~~l~randum of ap al shall be presented by the appellant in person, E or when there are more appel ts than one by any of them, or by his authorieed reprewWtive, to the registrar or such other officer as may be authorised in this behalf by &e Chairman, or may be sent by registered pwt addressed to the Registrar.
EngInwtimt.-In thid sub-rule, the expression "authorised representative" shall indude any person in the employlnent or a legal practitioner or an accountant who is authorised to appeat on behalf of the appellant.
(7j When a memorandum of ap a1 is sent by re iskd post, the date of receipt of the said memorandum at it off& of the Td \ UMI shall be the date of filing of the appeal and the Registrar shall on' every memorandum of appeal, endorse the date on which it is presented or received at the office of the Tribunal and shall sign the endowment.
(8) When an appeal is presented after the expiry of forwfive days of the receipt of the order served upon the appeltant but not after sixty days, it shall be accompanied by an appiicathk, supported by an affidavit, sttting forth ti@ facts on which the appeIEant relies b settsfy the Tribunal that he had sufkient a w e for not preferring the appeal within forty-five days.
(9) Every petition presented to the Tribunal, includi% a petition for stay, other than petitioM of a bnnal or routine charwkr, hall be accompanied by an affidavit as also four copies of such documents as are relled upon in support vl the petition.
a P d u m far re-tion of apped6.4l) Every memorandum of appeal Ned within forty-five days of service of the order of the competent authority, being in the fmn annexed t~ these rules and otherwise in order, shall be registered in a book kept fw the purpaae called the Register of Appeals and the Regisbar shall intimate the appellant or his authorised representative xordmgly. L
(2) If a memorandum of appeal filed under sub-rule ( 1 ) is defective, but the deteEts an. minor or technical in character, the -istrar may register the appeal pmvisiimully and call upan the appellant to remove the defects within such time as may be spedfied and upon the defects being removed within such specified time, the WtMtion shall aasc to be prwlsioM1 and the appeai &all be deemed to have been m@ly rsgiptered u n b sub-rule (1).
(3) When a memorandum of appeal is presented after the expiry of forty-five days but within a period of sixty days after the date of service of the order of the competent authority, and is o thewk in order, and is accompanied by a petition for condition of delay, it shall be numbered +nd re Wered provisionally subject to the delay Wing condoned by the Tribuhal. dotice of the application for condonation of delay may be given to the respondent, and aftm k i n g the ptties, the Tribunal may ccdone the ddPy a\ being satisfied that the appellant we!? pm~t?tVd by ~Ufm OW fm f&lg the appeal in time. Tho re&istration of the appeal shall then c w to be provisional and the appeal dealt with as though it has been registered under sub-rule (1). -
(4) When the mema%ndum of appeal is presented alter the expiry ok fortyfive days but within a period af sixty days after the date of senrice of the order of the competent authority, and is not accompanied by a petition fez condonaW of delay, the Re@skar may register the appeal provisionally and call upon the appellant to file a petltian for condonation of delay within such time, as may be specified, and in the event of such a petition being received, it shall be treated as having been received along with the memorandum of appeal and the appeal dealt within the manner prescribed in sub-rule (3).
(5) When the defects are not removed or a petition for condonation of delay is not filed within the time spffified ih that behalf, the matter shall be placed , before the Tribunal for its orders.
(6) Where a memorandum of appeal is defective in material particulars, the Registrar may return the memorandum of appeal spedfyig tlre"'&&ts to the appellant, or may intimate in writing thasc defects. On m l p t oP the memorandum of appeal from the Registrar the appellant may within days of its receipt submit the memarandurn of appeal with defects duly reamed or in case of the mmmatrdum of appeal having not becn =turned to i\im and defects only having been intimated may appear h&weIf or thmugh Cmmael before the Re$fstmr and mmw those defects within thirty. days The memorandum of appeal submitted thereafter if found in order may be (79 When a memorandum of appeal on the face of i t appcarsr h* filed more tfran sixty days after W date of service of the otder ef the authority on the appellant, the appeal shall n d be taegred but shall be called upon by the Registrar to show cause why the appeal b e d ~ m b e ~ w t o f t i m e .
(8) E q p&Hon for ctmhaation of dday appeal filed out of t h e shall be placed befme the pstition/apaeal to be poobed before tho Tribund for its m d m
7. ~lvreadurr rta# n@stntion of appeal.-41) A h an q m a l in, one copy of the memarmdm of appeal and annexut.es ticenete shall as noon as e b l e , on the ~mpetent authority & by r e g i s d p ~ s t acknowledgement due, or h u g h a messenger and the parties Wl tn &d upan to & their paper-book within a period of thirty days from tho date of d p t of the notice or rmeh fulther time as may be allowed.
(2) party shall file douF ~ . o f : k i s ~ p r . t a o o k M i W-
(i) be legibly typed or u tbwW ~epredULpd by l r n i c a l mwmtr;
(ii) c011tain aWdmrtrei\$, d.po" the p W y . . w ~ t y duiing the c&lrbi? of hRbt.ing: .
(ki main Bnly su& .d~wmnta and mterlal as hare been rekcred, produeed 61. relW Upon, befate'&, Competent auttrotlty; .'
(&S have pages- number sqirlly; 'and (uf colaainamindac.srtsblcd~~)ntca@.
(3) I f ' W ~ F . b o o t ; mkned te4nsab~wle (2) contDin atiy lan&pla@ ether .tfian EnglM or Hh& a true ~ k r . c ~ them Hindi dull be added.
(4) Ihe p;artlcs &all Be ,&fmndaf the daband p h e of hoering of the ; yost aeknQwIsdvt dw or by now? lA.mfed 'on pa* or %r ruth@& 1cpav$enta~es are pqqent'befo* the Tniuniil, it may i n b m them orally of the date anti place of hearink df 'the appeal.
(5)' Any petition for su ' witnesses er documents filed by a patty q y be heard, if , a f t e z n o t i c e to the other party.
w E m z t i m J I W L ~ M ~ ~ W ~ ~ ~ cr mtm "6- to issued by the Tribunal shall be signed by the Regrskrar and shall be sent by ~s~ p s t acknowledgement due or through a messenper.
$.'&hi harlng Pnd dirpasal of .gpaPls.-The Tribunal may, whenover it -den? -&lry w expedient t~ do so, hear om of more appeals k%*r and dispwce ef them by y ceommrm order.
@.2Gmmb *& h.y b. trlcc0.b t with the lea* &~the.T$ibt~sl, urge. or t aistfotth in& h e m of appsab 1 W A o t b e a a f h d tathe@emdssat f&b:hin:the mer+waandym o f a m o r tpheR.wi&:tiw Leo* @f fk3 T h - I * tkis mle:
Progided that the Tlibwat $hid1 nol r(lst its decision on my,g%%d other lnem@wn,&lppaal unless *party wkich a mfiomble oppmhurity ofbein$ka$.onthat . . . ,
10. Adjournment.-'Ihe Tribunal may P r o p M e d ~ t palhasbwndimkd fwdtfslllt~ipIoneQd with ex prte andahd appafs $M,?afttw and s d l W the'Tr&dmd that ttVG on record, the appeal shall aba
(b) that Mat due
(2) Wherever additional evidence is allowed to be produced by the Tribunal, it shalJ a d the reawn for ita admission.
15. Heminsof appral0.-The plaw in whi& the Tribunal sits for the puof hearing appeals ls be deemed to be an apen court, to which the pub& generally may have acregs SO far as the sarae can conveniently contain thtm:
Provided that the Tribunal m y , if it thinks fit, order at any stage of the hearing of an appeal, that the public generally, or any particular person, shall wt have a c e s to, or be ~r remain in, Uw room or building uged by the Tribunal.
16. PnntaMeersmr of odw-After the hwing is ever, the Tri&ud may pronowe its order forthwith, or it may reserve its order and if the orders are r6WtVeQ the T & w l may at any lime before final d e r s are p m d either on its own motion or en the applicafian of a party order that the appeal or petition be re-heard.
17, Order to be eommunbked to putirs-Every order of tha Tribunal shall be m writing and r eopy of every final ordar of U\e Tribunal certified as a true copy by & Registrar shall be supplied free of cost to the parties as early as possible.
18. %ping of orden.-(l) Where the decision of the Tribunal is urranlarous, a common ords shall be si@ by all the Meinbew of the T r h r d
(2) A Mernber wlto does not concur with the deddion of the majority may deliver a dissenting order.
($1 W?we there is a d8fem-w of opkiion, the decision shall be in accordance w i ~ t h e ~ o n a f t h e ~ o f M e a b e n o f t h e T r i b u n a l .
(4) The decision of the majority shall reduced to writing and s- by all Uw members &alum the disarenting member.
19. Publication of w d m . 4 c . h d Ure orders of thc Tribunal ss are deemed fit for publication in any authoritative report or the p- m y be rPleased for such puMieation on a d tarms and conditbne as the T r i W map lay down.
20. Oldeni and ~HOM hf mtain -.-Notwithstanding mything contained in these rules, the Tribunal may make such orders or wch d m as may be meewary or exped~eprt to give efkt ko its orders or to p r e r r e ~ t a b ~ a f i t s p ~ ~ l g s o o ~ t ~ ~ U Z B e n d S o f ~ t l o e .
FORM (See rules 5 and 6) BEFORE THE APPELLATE TBIBUNAL FOR FORFEITED PROPERTY.
NEW DELHI MEMORANDUM OP APPEAL GstLon 6&0 (1) of the Nawtie Drugs md Pbybtmpic Subahncos Act, 1985 (61 of 1988) F.P.A. No./M.P. No ............................................ of ...................... 20 .........
TO be filled up by the offie of the A-te Tribunal.
IN THE MATTER OF shri/smt ............................................ - ................................. " .......................... bppebnt;
vs.
(1) CMnpant A u m t y , New Dolhi/*Bombay/Caleutta/Madlil~/Allahabad ReWJndent
(ii) Other respdents, if any ............................
1. Autlwity pasah$ the order appealed again& 6 m p e n t Authority, New Dcihi/Bmbay/Ghtta/Mpdras/Allahabed*.
2. Date of the order.
3. Date of service of the order.
4. Specify whether a hearing in person or through an authorised representative is desiIed.
5. Registered address of the appllant (indudii telephone No., if any, for the service d all notices. pra~sses and communkations).
6. Addreas of ths Respondent:
(i) The Competent Authority, New DeUli/Bombay/Calcuth/Madras/Allabbad.
(e) Other respondents, if any.
7. SecKon or suhwtion of the seetion of Narc& b u g s and Psych,mic Substances Act, 1988 under which the Competent Authonty passed the order and which is appealed against:
8. Relief claimed:
(i) Sjxxify whether the entire order is dtsputed:
(ii) If only certain items of properties are disputed, enumerate them in an mnexul'e:
9. Ground of appeal (Annex a separate sheet if space 1s not suffictent).
(Signature of Appellant) Signature of Authorised Representative, if any.
Verification I , ............................................................... h appellant/authorined reprenentative of the appellant, do hereby declare thet what is stated above is hue to the best of my knowledge, information and belief.
Verified today the ............................. day of ........................ 20 ..........
Place... ...............................
b t e .................................
(Signature of the appellant or his authorid representative) Strike out whatever h inapplicable.
Notea.-41) The memorandum of appeal should be filed in quadruplicate accompanied.& four copies of orders appeaiid against (one of which shall be n certified coov of the order appealed ayalnsl or the o n l y d wpy of 11 srrvcd on the appellant). Any ekiosure will alsdk in q&druplicate.
- THE APPBLLAm ~ ~ ~ ~ A f , ' . B Q ~ , , FFQRF'EITED 7 RRQPERTT (U3E3DETIQNSt Or. SERVICE CMF In m i s c 4 fhe p o r n c v Fiy wetfun 76 of the N&c Drugs a d PsycfmWp'c Substances Act, 1985 (61 of 19851, the ColtmI Government hem@/ nrrtkn r t r e p r 3 ~ g # l e s t ~ ~ f a r r e t n r s & d i ~ ~ J e m i c D c l f t h c ~ a n d ~ ~ e a f s a f ~ T~&fff*lfer F@tat eariifirursri uder wESiasr (isR1 cy fiif k ~ f , nnnl@hJ:- i. tftle aidmrrmnhrc&ent.+l) ~hese d e s may be call& the Appellate Tribunal for ~o&ieBPmjdttyECondi&m d'SerPia of Cfrriimrur ; t n 8 U ~ ) ' ~ , 1 W . x : , . . : , , . . . . , . . .
2. They shdll come &to force hom the datd of their publication in tfn Ot#cirl GazetPe.
(b) "Chairman" moatrr, tfae Qlairmon of the T r b d ;
(c) "Tribunalf' means the Appekte . T r h n d mwtirukd undwsubeection (1) afsection~W of ttrs Ace , ,
(d) "rirerOber* meam a member of the T M .
3. Remuneration, all&&&, 'kc., df ifie ti+aifirw.-41) A judge of the ~ . ~ o n t t . a r a ~ . ~ . c c n u t ~ & g , w : 'shrd8.IJemW!dto a 'moliihlysalarp &e$ame rate as iSadmMble- toliim'm e. Judgeof the S- &wt Bi of.a'HigR Court, 9iar tRe may'&. NaahrdV be anrmGd to sue% allowances and oWer benefW as hee a&rnis&&. to a Rdge of the S u p m e Coutt . , .w'& a :Wig& Cwrt, a the cake may be: , -.
(2) Where the Chainnan retires from senrices as Judge of the supreme'Co\nt a? d b a rPigh Caurt d w g thc t~lnrt of 0% d $uclrclr(3Rahaun ws fefkd Bdge o f t h e s u P m w ~ ~ ~ . * o i aacCdpVt i s m a s sueh, hshalt:kpid ' r o r ~ ~ . h ~ k h s , ~ ~ , * , t O g e t t r e r . w 8 h ' * pmianand p&*tdt+otirer h bfreti&wmt kme&%sha11~1f @d&& the Wt pay (itrn by: l&b b e f o ~ ' ~ ~ t . Me W be entitled to eueh a h & and & &&&%& & a serving Judg.~ .
, @@ Supreme Court or High Court, as the case may be. .
3[(3) A p e m not being a serving judge w a retired Judge of the Supreme Court or of a Hiah Court av~ointed as Chatrman shall e k e a pay of Rs. 26,000 Z Chme into ton* m 296198P.
3. SubR by S.Q. 1255 (E), dated 24th December, 2001 (w.e.t 24-12-2001).
llt6 136 The Appellate Tribunal for F o d m W Pmpody (Condifio~ of SeNice of Chairman and Mem&rs) Rulbs. 1889
Provided that if the pay sale of the o6hls b f the Central Gcwemment of equivahmk pay [i.e&, dOffioers in the pay soale of R6 26,000 (W)l is wised, the person appointed as Chakman referred to in this sub-rule shall be entitIed to the revised pay scale applicable to the mid officers of the Cenhal Government of equivalent pay:
Rsvjded further that if such a person at the time of this appointment as ChPinnan is in r a ~ i p t of a pension in laspect of his p i o u s service under tke Government or any local body or authority owned or contrW by the Government, such salary shall be reduced by the amount of pension and pension @v&t of any other form of retirement benefitsJ '[4. Remuneration, allowances, etc., of membere-A person appointed as member rPhall receive pay in the sale of Rs. 22,400-525-24,Wl and @hall be entitled to draw such allowances as are admissible to the Central Government officers of equivalent pay:
Provided that if the pay scale of the officers of the Central Government of equivafent pay (i.e., ofticem m the pay scale of Rs. 22,400-5524,500) is revised, the paon appointed as member shall be entitled to the revised pay scale applicable to the said officers of the Central Gdvemment of equivalent pay:
Provided further that if such a person at the time of Itis appointment as mmbw is in m i p t of a pemion in ~88pect of big previous service under the Government or any local body or authority owned or controlled by the Government, such salary s M be reduced by tk amaunt of pex&on and pension equivalent of any other form of retinanent benefits.]
5. &tiremmt during the term of member.-Where a member retired ham senrife under the Govemmmt or any local body/aubrity owned or controlled by the Government during the term of office as such member, his salary for the period he mves ae members after such retireme& shall be reduced by the amount of pension and pension equivalent of any other form of mt*epnent benefits.
k Travel- a l h w a n ~ l ) ( i ) If the Chairman is a m i n g Judge of the &&wes~e Court 01. of a High Qust he shall be enwed to dnw haveiling n l l o ~ ~ ~ e a t ~ r a t e s a g ~ a ~ l e b a J u d g e o f h S u p r a m a C e t u t ~ o f a l-hghCourt under the Supreme Court Judges (TraueUing Abwan- &Lea, 1959 or, PS the wae may be, the High Court Judges v r a v e h g Allow-) Rules, 1956 in r e t of journeys jw&%W by him in cmmxtion with the work of the Tniunal.
') If the Chairman is a retired Judge of the Supreme Court or of a High Cmrt, he shall be entitled ko draw tnvelling dowa~ce or d d y dowanru!
according to hia entitlement at the rates in force at the t h e of hb reemplopont in respect of joumep performed by him in conncetion with the work of the Tribunal:
Prwided that the retired Judge of the Supreme Court or of a High Court shall not be entitled to the benefit of higher daily allowance admissible to a serving Judge of the Supreme Court or of a High Court, as the m y be, for
1. Subs. by S.O. 1255 (E), dated 24th Damber, 2001 (w.e.f. 24-12-2003).
Th6 Appelhlte Tribunal for Forfeited Pmpetty (CondM~ns of 137 Setvkr, of ChaimMin and kbtnbem) Rules, fsBg performing functions outside his normal d u t i i in localities away from his headquarters:
(2) The Chairman, not being a Judge or a retired Judge of the Supreme Court or of a High Court, or any member, shall be entitled to draw travelling allowance in respect of journey performed by him in connection with the work of the Tribunal at the same rates as are admissible to a Central Govemment officer of equivalent pay.
7. Leave.---(I) Where the Chairman is a sewing Judge of the Supreme Court or of a High Court, he shall be entitled to such leave as may be admissible to him under the Supreme Court Judges (Conditions of Service) Act, 1958, or as the case may be, the Hlgh Court Judges (Cmditims of Service) Act, 1954. The serving Judge of the Supreme Court or of a High Court retiring during the tenure of rsppamtmeent as ChaimMn, he would be governed by Central Civil Services (Leave) Rules, 1972, with effect fPan his date of retirement from service.
(2) Where the Chainnan is a retired Judge of the SupreMour t or of a High Court, he shall be entitled to such leave as is admit&le to an officer of the Govemment under the Central Civil Services (Leave) Ruled, 1m.
(3) A person appointed as a member shall be entitled to such leave as is admissible to an officer of the Government under the Central Civil Services (Leave) Rules, 1972:
Provided that whetr a person to whom the Central Civil Services (Leave) Rules, 1972 are not applicable, is appointed as the Ckatrman or a Member, he shall be eligible for the grant of leave under the rules ljlplieable to him before such appointment.
3. Vacation.-(I) Where the Chainnan is a serving Judge, he shall be entitled to vacation in accordance with the Supreme Court Judges (Conditions of Service) Act, 1958 or as the case may be, the High Court Judges (Conditions of Service) Act, 1954.
(2) The Chairman, who is not a serving Judge of the Supreme Court or of a High Court and a member shall not be entitled to vacation.
9. Accommodation.-41) A serving Judge or a retired Judge of the Supreme Court or of a High Court, who is appointed as Chairman, shall be entitled without payment of rent, to the use of an official residence m accordance with the Supreme Court Judges (Conditions of Service) Act, 1958, or as the case may be, the High Court Judges (Conditions of Service) Act, 1954:
Provided that where a retired Judge of the Supreme Court or of a High Court, is 'not provided residence in accordance with this sub-rule, house rent allowance at the rate of 12.5% af pay shall be payable to such retired Judge of the Supremr Court or of a High Court.
(2) The Chairman, who is not a servmg Judge or a retired Judge of the Supreme Court or of a High Court, and a Member shall be entitled to Government accommodation on payment of prescribed rent as admissible to a Central Government officer of equivalent pay.
10. Medical attendance.-(l)(i) A sewing Judge of the Supreme Court or of a High Court shall be entitled to medical attendance in accordance with the -,... :~$pr~&ht&~m(inddrbgs.~-h~uprerno~aur~wefa~~~wrt ipisppoia(adr o r , a m m i a s ~ ' b r ) l o n a l . ~ ~ o f i d x t y r # v s bc aaey;
two years, as ~f*.~slls~mLy.ba-.& 8isaWtM 0flicu~~l)uanjr~kn aru9r prrhd I?of e~,!v4%,ttuXf m w w,k ~ R Y tlko,WJ.m~em at & 'W'Q~, , ~ ~ , P JRP- : , . . . . . "I .. . . r . . .
&,% . @ f i q e ' & , a , w , q f . h . . AV,,M;!Y a&&,rn,~q,4,aixt~five . ; t6 91fW . ;@h@ ,W,bprm,fw , * % ' M y ' b z .@ &)l&I#i- -, in .-.i(b) ..-'.a .* b&inted as Chairmivi due to retire on anilinina the aae 8 f V The Appellate Tribunal W FmWW Prqperiy (- of 139 Ssrvlcs ol C h s i m Md Mumbm) R u b , 1W
13. ~ e b md conditiwa of s m b of Chairman md munbeiu who are :he sarrte., . , . < 1 , , e m . . , . . .
' ; a , . , 2 ' ., , , ? . . : < (SbE..* ah.. ' ; . ;.
, , fJm.Bp Bpm I ................... ,do swear/sokmnly affirm that I will be faithful and bear true aIlc(pam ta~ .ndb(k~t tonadMir ,mbgkwcebbl ihad. Ib . r&wl l lPghoMthe sov-ty and in- of bdia and t b t t d cury cut &tb. d my &ca bydy, W d x ad with.ivrtlp!ty. . .
So he@'& God.
Sigmture;
Chinnnn/M@mbe~ . , . . , . . , ., . . . ,. , . .
THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES, 1989% In exercise of the powers c o n m by section 76 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) the Cmtrnl G m m e n t hereby makes the 1;111m'ng rules, natnely:-
1. Short titie and commencemmt.-(l) These rules may be called the Appellate Trl'bunal for Forfeited Property (Fees) Rules, 1989.
(2) They shall come into force on the date? of their publication in the Official Gazette.
2 Scale of fees for inspection of reed and registers of the Appellate Tribunal.41) The fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal shall be the following, namely:-
(a) for the first hour of inspection or part thereof: 1 Rupee
(b) for every additional hour of inspection or part thereof: 50 Paise
(2) Fees for the said inspection shall be paid in cash.
3. Scale of fees for obtaining certified copies of records and registers of the Appellate Tribunal.-41) Copying fees for supply of copies shall be rupees two per page or part thereof.
(2) Copying fees for supply of photostat copies shall, however, be the actual expenses incurred by the Appellate Tribunal for such copies.
(3) A fee of two rupees shall be levied for authenticating a copy to be a true copy.
(4) Copying fees shall be recovered in advance in cash.
(5) Where a party applies for immediate delivery of a copy of evidence taken down by a Stenographer, the fee chargeable shall be 2% times of t h e specified by sub-rule (I), in such case, fifty per cent of the fees specified by subrule (1) shall be paid to the Stenographer.
(6) When a copy is sent by post, the applicant shall also be charged with the actual postal charges which shall be recovered in advance in cash.
4. Saving.-Nothing in these rules shall enable any person to inspect or to obtain a copy of any register or document to which he is not otherwise entitled by or under any law or order of the Appellate Tribunal.
1. Vide S.O. 387 (El, dated 29th May, 1989, published UI the Gazette of in&, &urn., ~ t . n, s ~ . 3 cir), &tea 29th ~ s y , 1989.
2. Came into fora m 29-5-1989.
140 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NATIONAL FUND FOR CONTROL OF DRUG ABUSE) RULES, 2006' ln exercise of the po~uers con&red by section 76 read with section 7A of t h ~ Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Governmmt hereby makes tlzrfollowing rules, namely:- I. Short title and commencement.-(1) These rules may be called the Narcotic Drugs and Psychotropic Substances (National Fund for Control of Drug Abuse) Rules, 2006.
(2) They shall come into force on the date2 of their publication in the Official Gazette.
2. Definitions.--In these rules, unless the context otherwise requires,-
(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) "Controlling Officer" means an officer who is entrusted, by the Central Government, with the responsibility of controlling the receipt of money in the Fund and incurring expenditure from the Fund;
(c) "Governing Body" means the Governing Body constituted by the Central Government under sub-section (3) of section 7A of the Act;
(d) "Form" means the Form appended to these rules;
(e) "Fund means the National Fund for Control of Drug Abuse constituted under section 7A of the Act;
(f) all other words and expressions used in these rules and not defined, but defied in the Act, shall have the same meanings respectively assigned to them in the Act.
3. Procedure for remittance of grant to the Fund.-(1) Every grant made by any person or institution under clause (c) of sub-section (1) of section 7A of the Act shall be made by crossed cheque or demand draft in favour of the National Fund for Control of Drug Abuse and sent to the Joint Secretary (Revenue), Ministry of Finance, Department of Revenue, North Block, New Delhi-110001, who shall, on receipt of such cheque or demand draft issue a receipt to such person or institution making such grant.
(2) All grants made under sub-rule (1) shall be unconditional and irrevocable.
4. Receipt of money.-All moneys received under sub-section (1) of section 7A of the Act shall be credited to the Fund without delay by the Controlling Officer.
5. Procedure for grant of money from the Fund.-(1) Any Department of the Central Government or of State Govemment(s) or any organisation(s) (hereinafter called as the 'Applicant') desirous of obtaining money from the Fund shall submit an application in Form 'A' appended to these rules. together . - . .
with a project report.
(2) Every application made under sub-rule (1) shall be sent to the Joint Secretary (Revenue), Ministry of F i c e , Department of Revenue, North Block, New Delhi - 110001.
1. Vidt G.S.R. 177 (EL dated 24th March, 2006, published in the Gazette of India, Btra. , Pt. 11, Xc. 3(i), dated 24tb March, 2006 and subsequently amended aidc G.S.R. Z3Z(E), dated 24-2009; G.S.R. 581(E), dated 19-8-2009.
2. Came into force on 24-3-2006.
141 r h e ~ S P c q u i r @ d o r . ~ s e t ~..::. .. . . , .
, to cumnit breach of its 1 . / / :.
1. lllg by G.SR. W(E). dated 2nd April, 2009 (w.e.f. 241009).
. . >'&('& . " '
(2) The sccoLMts of the eiktiiiii CCRI , oub*B.:,+ be audited by the Comptrollu and Auditor Gemrid of Mia +ttls;idi **, may be spedfied'by him.
.,;,,: . , , I . q*.. r:,::: :
and privileges and authity, ,in comaelh rccoure of.* CenhaI GOv-t lnawdmd wdsr ssubnle (l)m& rds6 &i ttre audit of thc sccQmrls 08 the Applicatt, rshc ksr:m . miwx. :.. . , > : . . , . . . . .~ ..
. .
1. IU- of thc AgplicMlt , : :..:., ;. : :: . . . :' . . , < . . ' < & ~ ? . , , , , : , : r , . < ! ~ , 8 ' :
2 t'. '."". ,,:: """ I . . .,,. ;,I ..,~..
3. . I.. '.:i:r,?t. 'rm:
>W! '
4. &stusinelu~bPhrreshactofctro ' 3 4 theif bad lea 5,
6. N-, addnu and phone numbu of thc offlcsr in-chmp of the A p p W 144 The IWWC Bug# and FS~&%&G Substeroes (Netional [Form A F W I b r C o n k Q l a f . ~ ~ 1 a&a*2YM6
7. ObjacIivea of the proposed pruject for which grant is reqw.
& Total expenditure M y to be incurred for the P i & .
9. Amount of expenditure to bo met out of the National Fund for ContMl of Drug A b w .
10. Wlls of grants Q b t a i earlier from the Natiaw1 Fwd for Control of h g Abuae or any Other Fund or Olppnusation
11. Manner in which project is pposDd to be implemented.
12. Duration of the p+.
U. Name and designation of the officer who is authorid to sign the appkation.
Date .,..... -......... .............. - ....
Place ............. ..- slenamre FORM B 1- 6(3Mb)l FORMAT FOR ANNUAL RETURNS TO BE SUBMFITBD BY THE APPLICANT RECEIVING PAYMENT OUT OF THE NATIONAL FWD FOR COMaSr. OP DRUG ABUSE
1. Year in inpect of which retunas filed
2. Nanw? of tlpe Applicant
3. Name of the GovemmentlNon-Govemment Organhation who eshbliahed the Applkurt
4. Ad& of the Apptiau\t 5, Ameunt pent by the Applidlnt d- the Yea=
6. Ihe amount out of item 5 spent from m r e s other than the Fund
7. Results achieved and extent to which targets tcawbeenachiWed
8. Further action to be t a h , giving spffiHc recommendations for revision of the proposal in case the targets are not Likdy to bB achieved.
9. Name, designation and telephone number of the officer who is authorid to sign the return.
Date ..................
Place.. ...............
Annex.] me Narcotic Drugs and Psychotropic Substances (National 145 Fund for Control of D N ~ Abuse) Rules, 2006 ANNEXURE 1 ACCOUNTING PROCEDURE FOR THE "NATIONAL FUND FOR CONTROL OF DRUG ABUSE"
1. Constitution of Fund.-The "National Fund for Control of Drug Abuse" has been constituted in the Public Account of India, wherein the amounts received from the following sources shall be credited in accordance with the provisions contained in section 7A of the Act, namely:-
(a) A n amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide;
(b) The sale proceeds of any property forfeited under Chapter VA of the Act;
(c) Any grant that may be made by any person or institution;
(d) Any income from investment of the amounts credited to the Fund under the aforesaid provisions (i.e., interest on the deposits in Public Account at a rate to be decided by Budget Division of Ministry of Finance, Department of Economic Affairs, New Delhi).
2. Utilisation of Fund.-The fund shall be utilized by the Governing Body for the purposes mentioned in subsection (2) of qction 7A of the Act.
3. Accounting Pmcedures.-(1) Receipts to the Fund:
(a) An amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide shall be transferred to the Fund from the concerned grant as under the following Heads:
Major Head: (MH) - 2070 - Other Administrative Services.
Minor Head: (MnH) - 797 - Transfer to Reserve/Deposits Account Drug Abuse.
Sub-Head: (SH) - 01 - Transfer to the National Fund for Control of Drug Abuse.
Object Head: (OH) - 63 - Inter-Account transfer.
The classification for the Fund under the Public Account of India would be as under:
Major Head: (MH) - 8121 - General and Other Reserve Fund.
Minor Head: (MnH) - 118 - National Fund for Control of Drug Abuse.
New sub-head: - 01 - Receipts by transfer.
me amount sanctioned by the Government each year fbr transfer to the Fund shall be credited to this Head by contra debit to the Major Head 2070 - National Fund for Control of Drug Abuse in the accounts of the Central Government.
@) (i) The sale proceeds of any property forfeited under Chapter VA of the Act, to be initially credited to the Consolidated Fund of India as under:- Major Head: (MH) 0070 - Other Administrative Services.
Sub-Major Head: (SMH) 60 - Other Services.
Minor Head: (MnH) 800 - Other Receipts.
New sub-head: 06 - Receipts from Sale Proceeds of Property forfeited under Chapter VA of the Act.
(ii) Sho application recetved along WG the m&mentsof vuioua nutlmriHes shall be armkted to the members of the Governinn Body at least seven days beigre or the Body;
- .
the
(iii) I h e a GwcmmEnt may require the Applicant mekin money i tan& k t e r infonn~tlon or rl~rthcption regs* aaivii&es ar?a m a w wsuwith the Ap~Ucsnt ta @nab& it 'to consider payment out of the Fund;
Hvf The nwdxmm errant of rnonev h the Fund wouki not omed seven& five . .
pQre€wEBnt"~~pmlsa ' 'IFwvidud that in caae where the applicant is a Gavemment Department or 7";; of the Government, the x6ikimum t of money boin the Fund woul be unW pa cent of the p* c0st.Y
(v) 'Ihr CbemhgbJ~ for tfce purpose of deciding the grant d money to such an Applicant w meet at east twice a yea;
(vi) After mnsi X x o p o ~ a L P . the Coveming Body may sanction payment of such amourit w t considers appropriate, to an Applicant, u to the limit noMied by the Central Government in the O&daal Gaaette or &ndred per nntafthepmpctmstinr ofGovemmentpqurtmentormyaeneyof 3- B the Gover~nent or swenly ve per cent of the project cost in respect o others], whichever is lees. For nrant of monev bevod thc authoritv of the G o m i n u ~~, -,-~ .~ ~ . ~ - Body, the Central Gov&at may, on the mmmendatldn of the over& M y , sanstson paymmt of such amount, as i t mmidm appropriate, to an -. .
A iicant; -
(di) 8 amount would be released either as lump sum grant or in such number of instalmenb as may be specified and subject to wrch mnditiow im may be i m p o a e d k y t h e ~ a
(viii) The applications would be s per pviaions sf Dolegation of F i l Power Rules/Cen Rules.
(4) Meeting of the G o v w My:
(i) The meeting of the hev- Body shall be held at least twice a year and as offen as tke Chairman may call br. The meeting OF the Governing Body shall be convened on such date and time as decided by the 'Chairman, and rhe quonun of smh lrseeting would be o n e - W of the mhmg6-1 of the Governing bod
(ii) In & absence of a Chairman Joint Sea:etary of the Department of Revenue.
who deals with the matters reiating to the Fund shall convene the rneetrng of the Governing M y and the aanbers of fhe Govemhg &dy shall elect a Chairman to reside over that meeting.
(5) Obligations of &ganisations rweivmns money from the Fund:
(a) Evefy Applicant, which has been sanctioned money out of the Fund ahall-
(i) utilise the money to meet the ex dihrre incurred by it in raunetlon with measures taken for cont+dlh\g ghsa of nanatie d r u ~ cn psychatrop~c eubst- for aU or any of the purposes specified in subsectwn (2) of seetion 7A of the Act; ma be s 'Red in the sanction;
(ii) submit an annual return (Arm =dly on the last day of March of every year w i W fifteen da of the cnd 08 the pred ing car pnd s3lch annual X ww shaU be fu& iR form& aa may be sped ed by the Governing W Y ;
(iii) mantain books of account u k l y showing recerp and expendihw whih shall pmdde a true a z f a i r view of the f i1~n&1 position of such A D D U C ~ ~ ~ : and
(iv) be' bound-by the t e r n and conditions of grant of money stipulated in the letter of sanction issued by the Cenbal Government.
(b) Thtr money provided to an ~ ~ c a n t and all assets a c e d or created out of such money shall be deemed to be enatlsted to the Applicant fw the p r p s e for which it was sanc- from the Fwd;
1. Ins. byG.SR. 581@), dakd 19th August, 2009 (w.e.I. 19+2609).
2 Suln. by G.S.R. 581(E). dated 19th August, 2009, for *wvm.ty-Hve par cant of prokct cmt" (w.e.f. 194-W).
(cJ The Applicant shall retain, hold and use all moneys received by it from the Fund and aU assets credited with wch moneys solely for the p w p e for which it was sand& from iho Fund and for no other purpose. . .
(6) Puwers of the Centad Government:
1.) T f r c C c n t n l ~ t m y , a t a n y t k n e o r h ~ t p t h B B . f . U f o r s u d , n p o m , ~ ~ m y W ~ t b n a c r i t m a y c l e p m f i t f m m t h e & ~ ~ h ~ m o b e y t a i t o r i t s p n , p c r u t l l j , t i r m
(b) If the Ca\hal Gownatent has remms to beUeva that the m i e n t of the * @) has failed to carry out the p u m for which mqr wa5 pmvided; or
(ii) is unable to maintain and preserve the kssets acquired or mated out of m ~ n q r frum the Fund; or
(lii) is unable to perform or is l h l y to d t brca& of its o b l i under the grant of money; or fiv) the Apfleant receiving the money from the Pund is likely to be wound up, then the Central Govesnmmt may at any nme '[after following the pmdure apified in the pmvisos to sub-mle (6) of rule 61 revoke the grant of money in whlclr ea4e the Applrr(u\t shall ba d W t 1 e d to retain the mwwy pafd out of the Pund or the assets I created themby.
17) Sawtiming Power of different Aythor~ties- The pmors of various authorities to ~anrtiw amounts from the Fund would be as- Amount to be eanctkxd A u W t y t W W n t t k J 8 U p Rupeea Ten kkb Govemlr\g Bady A h Rupees Ten bkh Pinanee M W r
(8) Commwication af ~~~nctions:
(i) AU Iinsnciel sanctions and orders hued by tha Central Government under thew nrles M be communicated to the Audit Offier and Pey and Aemunts Ciffbz conremed in axordance with the procedure specifkxl the Chmi?l b n e i a l Rules, ZWS that tr all 4tu1cUow fnr drawal fmm the acamt shall be endorsed with a copy to the concerned Pay and A-ts Offife and accordingly bilk for drawals shall be submitted to che &Wand Pay and Accounts Office for hue of cheque and to debit the &ed head wid Consolidated Fund of India, and recoup the same on the monthly basis from the pamo Fund for such drawais:
The Accredited Bank shall ssRd the srrolk to the concerned Pay and Accounts Office regularly;
(ii) Subject to sanction by the Minisky, payments from the Fund may be releasad for p u t y e a or activities as per provisions of section 7A of the Act;
(ui) Pay and Accounts Office, Min~stry of finance, Department of Revenue, New Delhi shall be r e s p i b l e for maurtavung ledger and broadsheet of the Fund;
(iv) Under rule 16 of the General Financial Rules, 2005 and rule 6 of the Receipts a d Payments Rules, 1983 any amounh/subscriptions received by the deparhnent concerned shall without und*re delay, that is, within two workin@ days ham the receipt of money; be deposited with the Accredited Bank for depositing in the Government account and it must be ensured that the amounts received by the Accred~ted Bank under these provisions shall be deposited into 1 Ins. by GAR 232(E), dakd 206 Apnl. 2009 (w.e.f 2-1-2009)