Section 77 of The Narcotic Drugs and Psychotropic Substances Act, 1985 — Rules and notifications to be laid before Parliament
Bare section text
Official Legislative Text
1[Every rule made under this Act by the Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after it is made or issued], before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
Educational Study Layer
Summary
- Every rule made by the Central Government must be presented before both Houses of Parliament as soon as possible after it is drafted.
- Specific notifications and orders, such as those defining commercial and small quantities, declaring controlled substances, or creating the National Fund, must also be laid before Parliament.
- The rules or notifications must remain before Parliament for a total of thirty days while it is in session.
- The thirty day review period can span a single session or be spread across two or more consecutive sessions.
- Both Houses of Parliament have the joint authority to modify or completely cancel the rules or notifications during this review window.
- Any change or cancellation made by Parliament does not affect the validity of actions already taken under those rules before the change occurred.
Practical examples
FAQ
1. How long must rules made by the Central Government be laid before Parliament under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the rules must be laid before each House of Parliament for a total period of thirty days.
2. Can the thirty day parliamentary review period span multiple sessions under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Yes, under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the thirty days may be comprised in one session or in two or more successive sessions.
3. What happens if both Houses of Parliament agree to modify a drug-related rule under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985?
Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, if both Houses agree on a modification, the rule will thereafter have effect only in that modified form.
4. Does a parliamentary cancellation of a rule under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, undo past actions taken under it?
No, under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, any modification or annulment by Parliament is without prejudice to the validity of anything previously done under that rule or notification.
Practice Quiz
Q1.Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which of the following is NOT required to be laid before both Houses of Parliament?
Q2.Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, what is the required duration for a rule to be laid before each House of Parliament?
Q3.Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, if Parliament decides to cancel a rule, what happens to enforcement actions taken under that rule before its cancellation?
Q4.Under Section 77 of the Narcotic Drugs and Psychotropic Substances Act, 1985, what is required for a rule made under Section 76 to be modified or cancelled?