Delay in framing Rules

19/03/2018

State Accountability Commission, has taken suo-moto cognizance of the reports regarding growing menace of drug addiction in different parts of State, had sought response from the Chief Secretary and Administrative Secretaries of Home, Health, Social Welfare and Finance Departments over inordinate delay in framing of Rules under Section 71 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and establishment of De-addiction Centres for proper aftercare of drug-addicts. Taking serious note of casual approach of the Chief Secretary and Administrative Secretaries of four key departments, Jammu and Kashmir State Accountability Commission (SAC) has sought comments directly from the Chief Minister and Ministers for Health and Social Welfare over inaction on the part of the Government in framing Rules under Section 71 of the Narcotics Drugs and Psychotropic Substances Act (NDPSA) and establishment of De-addiction Centres keeping in view growing menace of drug addiction in the State. However, neither Chief Secretary nor Administrative Secretaries of Health and Social Welfare Departments filed their response to the order of the Accountability Commission dated December 27, 2017.
Though the Home and Finance Departments filed response but the same was amounting to passing the bucks on each other. The Home Department submitted that the entry of narcotic drugs and psychotropic substances in the State and prevention of abuse was being monitored by the Finance Department and no rules in terms of Sections 71 and 78 of the Narcotics Drugs and Psychotropic Substances Act had yet been framed. However, the Finance Department in its scanty written response reiterated the stand taken by the Home Department besides indicating that it was dealing only with such provisions of law which are related to Sections 10 and 78 of the NDPS Act. Keeping in view the seriousness of the issue and large scale misuse of narcotic drugs and psychotropic substances besides the necessity for establishment of requisite centres for identification, treatment, education, after care rehabilitation and social integration of the addicts, there remains no other option with the Commission except to have comments of the Public Functionaries in framing Rules under Section 71 of NDPS Act, 1985 especially when the Chief Secretary and other Administrative Secretaries have not responded to the Commission's notices requiring departmental response to the issues under examination to proceed further with the scrutiny proceedings. It is pertinent to mention here that growing menace of drug addiction is a matter of serious concern for all the elected representatives of the people, who unanimously passed a Resolution in the Legislative Assembly during the just concluded Budget Session asking the Government to take strict measures to check the menace.

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