[Gazette of Pakistan. Extraordinary, Part II, Pages No.
2629-2643,
November 7, 2001]
November 7, 2001]
S.R.O.769(I)/2001,
dated 03-11-2001. In exercise of the powers conferred by sub-section (1) of section
77 of the Control of the NarcoticSubstances
Act, 1997 (XXV of 1997) read with sections 52 and 53 thereof, the
Federal Government is pleased to make the following rules, namely:‑
1. Short
title and commencement. (1) These rules may be called the Establishment of
Centres for Treatment and Rehabilitation of Addicts Rules. 2001.
(2) They shall come into
force at once.
2.
Definitions. In
these rules, unless there is anything repugnant in the subject or the context:
(a) "Act" means the Control of Narcotic Substances Act,
1997 (XXV of 1997);
(b) "addict"
means a person physically or mentally dependent on any narcotic drug or psychotropic substance or
a person who habitually uses
narcotic drugs or psychotropicsubstances;
(c) "Centre"
includes any hospital, dispensary or any other facility located
anywhere including jails or other such places, premises established as such by the Provincial Government for
the purposes of detoxification, de-addiction, education, aftercare,
rehabilitation, social integration of addicts and for supply of such medicines
as are considered necessary for the detoxification of the addicts;
(d) "detoxification"
includes any effort in any form directed at helping an addict to get rid of his addiction;
(e) "registration" means the registration of persons who
are enrolled addicts; and
(f) "registration card" means a
registration card issued by Provincial Government to habitual users to narcotic
drugs or psychotropic substances.
(2)
The words and expression used but not defined in these rules shall have the same meaning as assigned to them
under the Act.
3.
Registration of Addicts. (1) Each Provincial Government shall make arrangements for registration of addicts
within the areas of their respective
jurisdiction registration for the purposes of treatment and rehabilitation of addicts and shall issue a
registration card to each addict.
(2) Expenditure incurred
for the first time in connection with registration and detoxification of an
addict shall initially be borne by theProvincial
Government and refund of such expenditure shall be claimed from the Federal
Government in the usual manner in which governmental accounts are settled.
(3) In respect of
relapse cases the addict shall be treated like an ordinary patient getting usual treatment in Government hospital.
(4) All centres,
hospitals and health-care facilities including basic and rural health units,
dispensaries, including those established in jails shall deem to be centres for the treatment and
rehabilitation of addicts and sufficient
number of beds and other facilities shall be provided to the addicts.
4. Determination of the
number of addicts. It
being of crucial importance, appropriate arrangements shall be made by the
Federal Government to determine their numbers and other particulars considered
necessary in every future national census, in consultation with the
Narcotics Control Division:
Provided that the
Federal Government may seek assistance of the Provincial Governments in
compilation of the required information for determination of the number of addicts.
5. Addicts to be treated
as patients and not criminals. The addicts registered for the purpose of treatment and
rehabilitation shall ordinarily be treated as patients and not as criminals
depending upon the progress made byeach
individual patient.
6. Seeking help from
private sectors. It
shall be lawful for the Provincial Governments to seek the help of the private
sector including voluntary social welfare agencies registered under the Voluntary
Social Welfare Agencies(Registration and
Control) Ordinance, 1961 (XLVI of 1961)
for the purposes of serving the objectives of these rules. The centres in the
private sector shall also be regulated in the same manner as provided in these rules.
7. Detention of
suspected drug dependents for tests. An officer of a law enforcing agency may take into custody any person whom hereasonably
suspects to be an addict and hand him over without delay to the nearest centre for the purpose of tests and
treatment by a government medical officer,
or by a registered medical practitioner or by any person working under
the supervision thereof. The Head of the Centre shall decide on the further treatment and related matters of the
case.
CHAPTER-II
TREATMENT AND REHABILITATION OF ADDICTSWHO VOLUNTEER
8. Procedure for
treatment and rehabilitation of addicts who volunteer for same. (1) Any person who is an
addict may apply fortreatment to the
Rehabilitation Centre who shall be provided with treatment and rehabilitation in respect of his drug
dependency.
(2) Where a person makes
an application to the incharge of the centre he shall as soon as possible make
arrangements for the applicant toundergo
tests.
(3) Where in consequence
of the tests such person is certified by a government medical officer or a registered medical practitioner to be
an addict, the centre shall decide whether such person shall-‑
(a) undergo treatment and rehabilitation at the
centre and thereafter undergo aftercare
in accordance with theprovisions of
these rules; or
(b) Be placed under the supervision of the
centre and shall be subject to the condition that he shall abstain from
narcotic drugs, psychotropic substances, and controlled substances, and may also be subject to such other conditions as
the centre may consider necessary to specify for the purpose of
securing such supervision and such conditions which may include conditions such as to residence,
employment, associations abstention from toxicating liquor or
attendance at the day centre.
(4) if the applicant
agrees to undergo treatment the Rehabilitation Officer, before the decision is put into effect, the applicant shall
execute abond in the prescribed form for such an amount as may be
specified in it and with such surety or
sureties as may be determined by the Rehabilitation Officer on such terms and conditions requiring the
applicant to pay suchamount as may be
specified towards his maintenance, treatment and rehabilitation.
(5) Where a person who
is undergoing treatment at a centre commits a breach of any of the terms of the
bond executed by him under sub-rule (4), he and any surety to the bond shall be
liable to forfeit to the Government the amount
or such portion thereof as the Director-General may deem fit and shall be recovered from them.
9.
Procedure for treatment and rehabilitation of an addict who is a minor and for whom assistance is sought. (1) Any person or guardian of a minor whom
the parent or guardian suspects, or has reason to believe to bean addict shall apply to the centre for the
treatment and rehabilitation of such minor by the government medical officer, or by registered medical practitioner or any person working under their
supervision.
(2) Where a minor is
produced in the centre and such minor applies for treatment and rehabilitation
by the parent or guardian of the minor shall make the application in such form
as may be prescribed or on plain paper. Further that separate facilities shall,
as far as possible, be established for the treatment of the minor addicts:
Provided that the bond
required to be executed under sub-rule (4) of rule 8 shall be executed by the parent or guardian of the minor who
made the application under sub-rule (I).
10. Issue of certificate. On completion for the first time detoxification
or de-addiction, every addict shall be given a certificate mentioning the dates, duration and nature of the
treatment.
CHAPTER-III
CENTRES FOR TREATMENT AND REHABILITATION
11. Centres for
treatment and rehabilitation.(1) The centre shall be
sufficiently staffed by adequately trained professionals from amongmembers of the medical profession and to help
cope with the problems on an enduring basis by professionals having sufficient
expertise in the matter, who may be separately encadred under existing service
laws so ensure continuity.
12.
Board of the visitors. The Federal Government or the
Provincial Government, as the case
may be, shall, in respect of each centre, appoint a Board of visitors who shall
have powers to discharge all such duties and perform all such functions and shall advise and make recommendations
on all matters which the Director-General, Anti-Narcotics Force,
may refer to them.
13.
Supply of information. Any person having knowledge of a
case of an addict or a person
making illicit use of narcotic drugs or psychotropic substances or controlled substances shall refer
the matter to the nearest centre or the Director-General.
14. Composition of the
Board. The Board of visitors
shall consists of such members as the
Federal Government may determine and –
(i) of the total .appointed members, there shall
be sufficient number of women, if necessary, and at least one shall be aregistered medical practitioner;
(ii) the appointment of a member shall be for a
period of not exceeding three years
but any member may be re-appointed;
(iii) the Federal Government may, at any time,
revoke the appointment of any member
without assigning any reasonand any
member may at any time resign his membership;
(iv) the
Federal Government may appoint a member to replace any member whose appointment has been revoked or
who has resigned and may at any
other time appoint any person to be
an additional member;
(v) the Federal Government shall appoint one of the members
to be the Chairman;
(vi) The
Head of an Institution governing the centre shall appoint a member
of the staff to act as an executive secretary to the meetings of the Board;
(vii) the executive secretary shall inform the
government of any vacancy arising in
the membership of the Board;
(viii) The Board shall
meet at least once after three months;
(ix) every meeting shall
be held at the centre for which the Board is appointed;
(x) the Chairman or, in his absence, a member
nominated by the members present shall
preside at the meeting;
(xi) the
executive secretary shall given notice of every meeting to the members and the
Director-General;
(xii) the Head of the treatment centre shall be
present at every meeting of the Board and shall consider his view
regarding any matter relating to the
centre and the residents thereof,
(xiii) in
the absence of the Head of the treatment centre his deputy or any officer authorized by him shall perform
his functions;
(xiv) the Board may invite any public officer to attend any of
its meetings;
(xv) on-third of the
members shall form a quorum;
(xvi) any questions arising at a meeting shall be decided by
a majority of votes;
(xvii) each
member present shall be entitled to one vote, and in the event of
any quality of votes the Chairman or the member presiding shall have a casting vote;
(xviii) the
Board may appoint from among its members a committee or committees
to perform any of its duties or function;
(xix) the Board shall specify the duties and
functions of every committee so
appointed;
(xx) the Board and its committees shall keep
minutes of their meetings and copies thereof shall be forwarded to theDirector-General as soon as possible;
(xxi) members of the Board shall satisfy
themselves that the maintenance, recreation and discipline of the residents are
satisfactory and that an efficient standard is maintained throughout the
centre, but shall not interfere with the general administration of the centre;
(xxii) any members not satisfied with the
conditions relating to the maintenance, recreation and discipline of the
residents shall bring the matter, to
the notice of the Head of the Institution of the training centre;
(xxiii) the Head of the training centre shall
take such action as may be necessary on such matters as recommended and report
to the Board and the Director-General;
(xxiv) the centre shall at all times be open to any member;
(xxv) not less than two
members shall visit the centre at least once in a month;
(xxvi) members on visit shall hear complaints
which any resident may wish to make to
them;
(xxvii) member
visiting the centre shall make a report of the condition and any
other matter relating to the centre at the meeting of the Board;
(xxviii) the
Board shall bring to the notice of the Director-General any defect
in the administration of the centre, any neglect regarding the welfare of any
residents or any breach or nonobservance
of the rules;
(xxix) the
Board shall make recommendations to the Director-General on any matter
relating to the centre, and the Director-General shall, if the Board so
requests, forward therecommendations to the
Federal Government; and
(xxx) the
Federal Government may direct the Board to perform any duty or function as it thinks necessary from
time to time.
15. Aftercare. (1) An addict who has been discharged from a
centre shall, immediately upon such discharge, undergo aftercare by a centre or
non-governmental organization as the Director-General may designate for a period of two years.
(2) A person undergoing
aftercare shall be required by a Board of visitors to comply with such conditions as it may specify.
(3) The Board of
visitors may, at any time, after considering such report of a person subject to
aftercare as may be submitted to it by the centre or non-governmental organization
make such variations to the terms and conditions
as it may deem fit.
16. Private Centre for
treatment and rehabilitation and for aftercare. (1) The Federal Government or a Provincial
Government may, on the application of any individual or of any organization,
body or group of persons, grant
approval for the establishment and operation of a privatecentre for the treatment and rehabilitation of
drug dependents for the aftercare of persons who have been drug
dependents, upon such terms and conditions
as it may specify.
(2) The Government may, by order in writing vary the
terms and conditions of any approval granted by it any time and
without assigning anyreason, revoke the
approval so made.
(3) Nothing contained in
the foregoing provisions shall be construed as in any manner affecting, prejudicing or derogating from the rights of
a person lawfully providing medical treatment to any person in
relation to anyphysical or mental condition
arising from, or involving or retaining to the drug dependency of
such person.
17. Transfer between
centers. Any person who is
resident at a Rehabilitation Centre may at any time apply to the
Director-General to be transferred to reside at a different centre and where it
is so directed the person shall be accordingly removed in special circumstances
after approval of the Director-General.
18. Compulsory
notification of addicts. It shall be the duty a registered medical practitioner, including
a government medical officer, to inform the Director-General of a person who is
treated for addiction or drug dependency
in accordance with the rules.
19. Lawful custody. A
person shall be in lawful custody:‑
(a) where he is taken into custody by an officer under these rules;
(b) while he is resident
at a centre or an aftercare centre; or
(c) while he is being taken from or to any
place, or while he is engaged in an activity outside a Rehabilitation Centre or
an aftercare centre.
20. Duties of members of
the staff. The Director-General
shall be competent to determine the duties of the Head of the Institution and
other members of the staff.
21. Delegation. The Director-General may by order in writing
delegate to any officer to exercise or perform any or all of the powers andduties conferred on him under these rules.
CHAPTER-IV
RESPONSIBILITIES OF THE MEDICAL OFFICER
22. Duties of Medical
Officer. The medical officer:‑
(a) carry
out a thorough medical examination of each addict on admission
before leaving the centre and at other times when required; he shall be produced
by the family, which means and includes the parents, the spouse, the children,
the descendents of a common ancestor, the guardian and the servant;
(b) the
family shall bring the addict in order to carry out a half‑yearly medical examination;
(c) carry out frequent
inspections of the hygienic condition of the Centre;
(d) carry out examination and treatment of addicts as and
when required;
(e) keep medical records in a form and manner
approved by the Director-General of all Medical Services and other
similar supervisory health
authorities;
(f) furnish such reports
and certificates as the Director- General may require; and
(g) the family shall be
involved in the rehabilitation programme.
23. Medical treatment of
addicts. (1) Where in the
opinion of the Medical Officer a resident requires treatment in a hospital or
specializedinstitution, arrangements shall be
made for the addict to be received or detained in a hospital or
specialized institution for such period as may be necessary.
(2) During the period of treatment the addict shall
deemed to be under the care of
the Head of the treatment centre.
(3) Where a surgical
operation for a resident is considered necessary and urgent and the consent of the parent or guardian as required by
the hospital authorities is not obtainable within the time
available. Head of the Training Centre shall sign the consent for, and on
behalf of the parent or the guardian.
24. Compliance with
rules and regulations.Every
member of the staff shall comply with the rules and regulations of the centre
and shall assist the Head of the Institution and the Head of the Treatment
Centre in the administration thereof.
25. Compliance with
instructions and orders of the Director-General of the Centre. (1) All members of the staff shall abide by
theinstructions of the Director-General.
(2) The Head of the
centre as directed may order any member of the staff to arrange any clinical or
laboratory test of an addict possessing andprohibited
or unauthorized drugs.
26.
Leaving the centre. No member of the staff shall leave before the closing hours the premises of the centre
while on duty without approval of the
Head of the Centre.
27. Loans and
gifts. No member of the staff
shall borrow money from or lend money to any resident or accept gifts in cash
or kind from anyaddict or his relative.
28.
Supply or administration of prohibited drugs to addict. (1) No member of the staff shall supply, administers or be an
agent for supplying or administering any
prohibited or unauthorized drugs to any resident.
(2)
No member of the staff shall supply or be an agent for supplying an equipment for the administration of any
prohibited or unauthorized drug to any
resident.
(3) Any member of the staff who has knowledge of
any prohibited or unauthorized
drug or any equipment for the administration of such drug shall in the centre immediately report the fact to
the Head of the Centre.
CHAPTER-V
DUTIES, PROHIBITIONS AND PRIVILEGES OF ADDICTS
29. Compliance with
rules and lawful orders.Every resident shall
comply with all the rules of the centre and shall cooperate with the staff and
. obey all their lawful orders including any order of search of his person
and possessions, given wherever
necessary by the Head of the Centre.
30.
Submission to treatment. Every
resident shall submit to all medical
and other treatment prescribed for
his rehabilitation, including clinical and laboratory tests.
31. Addicts to maintain
cleanliness. Every resident shall
keep his bedding, personal effects and all the surrounding areas and the
toilets of his living quarters clean
and tidy.
32. Leaving the
centre. No addict shall leave
the centre without the approval of the
Head of the Centre.
33. Addicts to work in
any place assigned. Every addict shall work
in such place within or outside the centre as may be assigned to him by
the Head of the Centre.
34.
Employment. No
resident shall be employed in such a way so as to impair his capacity for or to deprive him
of reasonable recreation and leisure.
35. Working outside the
centre. Every addict, while
being taken to or from any Centre to
which he has been lawfully working shall be subjected to the same discipline and constraints as if he
were within the centre.
36. Earning. (1) Addict shall be allowed to retain all or
part of their earnings, as may be
approved by the Director-General, arising from any activity in, or outside, the centre.
(2)
A Saving Bank Account shall be opened for each addict subject to such conditions as the
Director-General may from time to time impose.
37. Acts or
violence. No addict shall resorted
to any form of violence.
38.
Food, beverages, tobacco, etc. No addict shall possess or bring into the centre any form of food or any
beverage, liquor, spirits, tobacco orcigarettes
or any substance or chemical which is likely to have an intoxicating
or thing which may, from time to time, be prohibited by the Director-General.
39.
Privileges. An
addict who is believed to have been detoxified:—
(a) be allowed leave of absence from the
centre.
(b) be considered for discharge; and
(c) in case of emergency the
Head of the Centre may temporarily allow the addict to have a leave of absence.
CHAPTER-VI
RECORD TO BE MAINTAINED
40. Record. (1) The Head of the
Centre shall ensure that the following records are maintained, namely:‑
(a) a register of admission and discharge in which
shall be recorded all admissions, orders of detention, revocation of orders of detention, and discharges;
(b) a case file of each addict
in which shall be kept all documents relating to his admission, his case-history,
rehabilitation plan, sequential recording of interviews and counselling sessions, progress and evaluation
reports and any other matter
relating to his stay at the centre;
(c) log book in which shall be
entered every event of importance connected with the centre;
(d) a record of all
disciplinary proceedings and inquiries held by Head of the Training Centre
which shall include relevant details of such proceedings and inquiries;
(e) a daily register of the presence or
absence of each addict;
(f) a punishment-book;
(g) separate books of comments for the use of
members of the Board, officers of the
Ministry and visitors;
(h) a
register of all gifts, other than monetary gifts, presented by the public to the centre;
(i) an account of all materials
purchased for use in the workshop of the centre and of the disposal thereof;
(j) a record of all articles manufactured in the
centre and of the sale of such
articles;
(k) inventories of all property in the centre
kept in accordance with the Treasury Instructions relating to such directions
as may from time to time be issued by
the Director-General;
(l) a cash book, a ledger with a separate account
for each addict and a register of
Savings Bank Accounts of residents;
(m) a property book for the addicts wherein shall be
recorded every possession brought into the centre by an addict, its monetary
value and the method of disposal thereof on thedischarge of the resident; and
(n) such other records as may be required by the
Director-General.
(2) All records
maintained shall be made available for inspection to the Director-General or
his representative.
CHAPTER-VII
ADMISSION
41. Admission. (1) No person shall be admitted to a
centre except in accordance with the
provisions of the Act and the rules made thereunder.
(2) Every addict shall on
admission, be searched in a manner consistent with the necessity for
discovering any concealed article.
(3) A female shall be searched
only by a female member of the staff.
42.
Custody of property of addicts. (1) documents, jewellery, clothing and other personal
effects belonging to an addict which are not allowed to be retained by
him shall be placed in the custody of the Head of the Training Centre who shall keep an inventory
thereof in the property book and every inventory shall be authenticated by the
addict concerned and the Head of the
Centre and witnessed by a member of the staff.
(2) All valuables placed in the custody of the Head
of the Centre shall be kept in a safe
provided for the purpose.
(3)
Cash belonging to a resident shall be accounted for and deposited in the Savings Bank Account of the addict by the
Head of the Centre as soon as it is practicable to do so.
(4) The Savings Bank Book of the addict shall be
retained by the Head of the Centre and returned to the addict on his discharge
from the centre.
43. Acquainting new
addicts with the duties and privileges. (1) On admission of a resident, the Head of the Training
Centre shall acquaint him with the objectives of the centre and his duties and
privileges and assign him to a house and if necessary the resident may later be
reassigned to another house more suited to his needs.
(2) On a resident being
assigned to a house the House-master may detail a senior resident to help the
new resident to settle in.
CHAPTFR-VIII
CARE OF ADDICTS
44. Separate beds. Every addict shall be provided with a separate
bed.
45. Diet. (1) Every resident shall be supplied with
sufficient and varied food based on a dietary scale approved by the
Director-General.
(2) Proper arrangements shall be made for the
preparation, cooking and serving of diet as required by custom or religion.
(3) A copy of the menu shall be kept posted in the
kitchen, dining hall and office of the Centre.
46.
Facilities for religious instructions and observance. (1) Religious instructions and
facilities for religious observance shall beprovided for all addicts according to their religion.
(2) Arrangements shall
be made for regular religious observance and instructions for all addicts
according to their respective religious persuasions.
CHAPTER-IX
REVIEW OF CASES, DISCHARGE AND AFTER-CARE
47. Discharge. All discharge from a centre except
emergency shall be approved by the Board.
48.
Quarterly progress report. (1) The Head of the Centre shall prepare a quarterly progress report on each
addict, including his home situation
for review by the Board.
(2) At each review the Board shall consider the date
on which the addict shall be fit for
discharge.
(3) Where the Board is of the
opinion that an addict may be discharged in the first twelve months of his
stay it shall furnish a report to theFederal Government or a Provincial Government with a view to
getting his consent to the discharge.
(4) The Board shall maintain a review and discharge
register showing the date and result of its review of each case and the reasons
for itsdecision.
49.
Discharge subsequent to after-care. Arrangements for the discharge and after-care
of an addict shall be made after consultation with the Rehabilitation
Officer or any other person responsible for his after-care who shall be given all the relevant information and
assistance necessary for securing
the continued and well-directed after-car of the resident.
50. Applicability of
rules to jails or other such establishment. (1) These rules shall apply to all centres
established in jails or other such places of confinement, by whatever name may
be called, mutatis-mutandis with such modifications as the officer of
those establishment may consider necessary.
(2) Addicts in all
places specified in sub-rule (1) above shall be segregated from ordinary
prisoners and kept in separate wards and their case pursued in Courts on
day-to-day basis for their earliest disposal by Courts by the officials of the
jails or other establishments, to serve the purpose of these rules.
CHAPTER-X
51.
Standing orders of the centre. The Director-General or the Head of the Treatment Centre
if authorized by the Director-General shall make and issue orders called "Standing Orders of the
Centre" which shall not be
contrary to these rules or any other rules made under the Act, whose object shall be to run the day-to-day activities
of the centre.
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