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Section78
The Narcotic Drugs and Psychotropic Substances Act, 1985

Power of State Government to make rules

In force From 14 Nov 1985 Act 61 of 1985 As on 18 Oct 2026

Act 61 of 1985 Ministry Finance Enacted 16 Sep 1985 In force 14 Nov 1985 Instruments 3

Section 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with power of State Government to make rules. Subject to the other provisions of this Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. The Act came into force on 14 Nov 1985.

(1) Subject to the other provisions of this Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of section 71;

(b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres;

(c) any other matter which is to be, or may be, prescribed.

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State.

Section 78, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 71 Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances

Made under this section, and citing it

3 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

All subordinate legislation

Questions about Section 78

What does Section 78 of the Narcotic Drugs and Psychotropic Substances Act deal with?

Section 78 of the Narcotic Drugs and Psychotropic Substances Act is headed "Power of State Government to make rules". Subject to the other provisions of this Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

How do I find court cases under Section 78 of the Narcotic Drugs and Psychotropic Substances Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 78, section 78 NDPS Act, section 78 of the Narcotic Drugs and Psychotropic Substances Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 78 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?

Its own text turns on section 71 (Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 3: most recently the Rajasthan De-addiction Centres Rules, 2020 (2020), then Making easy availability of “Morphine’ drugs to needy cancer patients in Tamil Nadu – Simplification of procedure and making availability of medicines through Recognised Medical Institutions Suggestions of government of India and Representations of Indian Association of Palliative Care and Cancer Institute, Adyar accepted - Procedure prescribed – Amendments to Tamil Nadu Narcotic Drug Rules, 1995 - Orders issued. (2000), and 1 more.

When did Section 78 of the Narcotic Drugs and Psychotropic Substances Act come into force?

Section 78 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 78, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.