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**Report on The Narcotic Drugs and Psychotropic Substances Amendment Act, 2021**
**1. Executive Summary:**
The provided text pertains to *The Narcotic Drugs and Psychotropic Substances Amendment Act, 2021*. This Act amends the original Narcotic Drugs and Psychotropic Substances Act, 1985. The core purpose of this amendment, based on the provided text, is to correct a referencing error within Section 27A of the original Act, replacing a reference to "clause viiia of section 2" with "clause viiib of section 2". The amendment is deemed to have come into force retrospectively from May 1, 2014.
**2. Introduction:**
This report aims to provide information and analysis, based solely on the provided text, regarding *The Narcotic Drugs and Psychotropic Substances Amendment Act, 2021*. The report will cover the amendment's objectives, rationale, key changes, target audience, implementation aspects, and expected outcomes, as inferable from the provided text.
**3. Policy Overview:**
* This is an Amendment to the Narcotic Drugs and Psychotropic Substances Act, 1985.
* Core Objective: The primary objective of this amendment, as evidenced by the provided text, is to rectify a technical error in the original Act by modifying a cross-reference within Section 27A.
**4. Background and Rationale:**
The amendment addresses an apparent error within Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The original section contained a reference to "clause viiia of section 2," which the amendment replaces with "clause viiib of section 2." This suggests that the initial reference was incorrect or became obsolete due to changes in the original Act. This amendment likely aims to ensure the correct legal application and interpretation of Section 27A by aligning it with the appropriate clause within Section 2.
**5. Key Provisions / Changes:**
This amendment introduces a single, specific change to the original Narcotic Drugs and Psychotropic Substances Act, 1985:
* **Specific Part Changed:** Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
* **New Rule/Provision:** The wording "clause viiia of section 2" is replaced with "clause viiib of section 2".
* **Difference/Effect:** This change corrects a cross-reference. The effect of this correction ensures that Section 27A now points to the correct clause within Section 2. Without the change, Section 27A would have been referencing a non-existent or incorrect clause, potentially leading to misinterpretations or legal challenges.
**6. Target Audience and Stakeholders:**
Based on the provided text, the target audience and stakeholders directly affected by *this specific amendment* primarily include:
* Law enforcement agencies responsible for enforcing the Narcotic Drugs and Psychotropic Substances Act.
* The judiciary responsible for interpreting and applying the Act.
* Legal professionals involved in cases related to the Act.
* Individuals and entities subject to the provisions of the Act, specifically Section 27A.
**7. Implementation Aspects (Inferred):**
* Responsible Agency: The Legislative Department of the Ministry of Law and Justice is responsible for publishing the amendment.
* Timelines: The amendment is deemed to have come into force on May 1, 2014. This retrospective application means that the corrected reference should be applied to all cases and interpretations of Section 27A from that date forward.
* Procedures: No specific procedures are detailed in the provided text. However, it can be inferred that legal databases and official publications would need to be updated to reflect the amended wording.
**8. Expected Outcomes / Impact of Changes:**
The primary intended outcome of this amendment is to ensure the accurate and consistent application of Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The amendment corrects a referencing error, preventing misinterpretations and potential legal challenges. The impact of this change is that Section 27A now aligns correctly with the relevant clause in Section 2, ensuring its proper function and enforcement.
**9. Conclusion:**
The Narcotic Drugs and Psychotropic Substances Amendment Act, 2021, is a technical correction designed to rectify a cross-referencing error within Section 27A of the original Act. While seemingly minor, this amendment is significant as it ensures the accurate interpretation and application of the law, preventing potential legal issues and ensuring consistent enforcement. This amendment is effective retroactively from May 1, 2014.
Key Entities Referenced
Ministry of Law and Justice: A ministry of the Government of India responsible for legislative affairs and legal matters.
Parliament: The legislative body of the Republic of India.
The Narcotic Drugs and Psychotropic Substances Amendment Act, 2021: An Act of Parliament further amending the Narcotic Drugs and Psychotropic Substances Act, 1985.
Narcotic Drugs and Psychotropic Substances Act, 1985: The principal Act which is being amended by the Narcotic Drugs and Psychotropic Substances Amendment Act, 2021.
Narcotic Drugs and Psychotropic Substances Amendment Ordinance, 2021: An ordinance that is being repealed by the Narcotic Drugs and Psychotropic Substances Amendment Act, 2021.
Dr. Reeta Vasishta: Secretary to the Government of India.
New Delhi: The location of Ministry of Law and Justice
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 30th December, 2021/Pausa 9, 1943 (Saka)
The following Act of Parliament received the assent of the President on the
29th December, 2021 and is hereby published for general information:—
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
(AMENDMENT) ACT, 2021
(NO. 48 OF 2021)
[29th December, 2021.]
An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows:—
1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Short title and
(Amendment) Act, 2021. commencement.
(2) It shall be deemed to have come into force on the 1st day of May, 2014.
61 of 1985. 2. In section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985, for Amendment of
the words, brackets, letters and figure "clause (viiia) of section 2", the words, brackets, section 27A.
letters and figure "clause (viiib) of section 2" shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Repeal and 3. (1) The Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance,
savings. 2021 is hereby repealed. Ord. 8 of
2021.
(2) Notwithstanding such repeal, anything done or any action taken under the principal
Act, as amended by the said Ordinance, shall be deemed to have been done or taken under
the corresponding provisions of the principal Act, as amended by this Act.
————
DR. REETA VASISHTA,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—1713GI(S3)—30-12-2021.