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MANUAL |
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UNDER SECTION 4(1) b (ii) OF |
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RIGHT TO INFORMATION ACT, 2005 |
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POWERS AND DUTIES OF ITS OFFICERS
AND EMPLOYEES |
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(1) Narcotics Commissioner |
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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:- |
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(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. |
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(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. |
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(iii) Under
Rules 10, 11, 12, 13, 14 and 15 respectively of NDPS Rules, Narcotics
Commissioner has been empowered to: |
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(a) Specify
terms and conditions and functions of Lambardar (of a village) designated by
the District Opium Officer. |
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(b) Withhold
or cancel a licence already issued to a poppy cultivator and specify the
manner of destruction of opium poppy, |
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(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. |
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(d) Specify
records to be maintained by the Lambardar for weighment of daily produce of
opium of the cultivator. |
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(e) To issue Instructions for delivery of
opium, produced by the poppy cultivators; and |
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(f) Specify
the manner under which Opium produce is to be weighed, examined and
classified according to its quality and consistence. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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 |
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(a)
Import
permitted only from Australia, Austria, France, China, Hungary, The
Netherlands, Poland, Slovenia, Spain, Turkey and Czech Republic; |
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(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 |
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(c)
All import contracts
for this item shall compulsorily be
registered with the Narcotics
Commissioner , |
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(2)
DEPUTY
NARCOTICS COMMISSIONER (DNC): |
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There are two Deputy Narcotics Commissioners at
Headquarters, |
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(3) ASSISTANT
NARCOTICS COMMISSIONER (ANC): |
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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. |
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(4)
SUPERINTENDENT (PREVENTIVE): |
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The Superintendent (Prev.) is the over all Incharge
of Preventive & Intelligence Cells. He supervises the work of officials
working under his charge. |
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(5) DISTRICT
OPIUM OFFICER: |
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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. |
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(6) INSPECTOR: |
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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. |
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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. |
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(7) SUB-INSPECTOR:
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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. |
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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. |
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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. |
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(8) ADMINISTRATIVE OFFICER (A.O) |
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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. |
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(9) OFFICE
SUPERINTENDENT |
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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. |
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(10) DY. OFFICE SUPERINTENDENT: |
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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. |
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(11) STENOGRAPHER
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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. |
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(12)
UPPER DIVISION CLERK: |
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UDCs are posted in the branches to attend to all
types of ministerial work. |
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(13)
LOWER DIVISION CLERK: |
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LDCs are posted in all the branches to attend to
all types of ministerial work. |
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(14)
HAVALDAR / SEPOY / PEON: |
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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. |
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(15) DAFTARI
/ RECORD KEEPER: |
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They attend to the upkeep, maintenance,
organization of records and separation thereof for disposal. |
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