ACT, No. 54 OF 2007

54of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
DRUG DEPENDANT PERSONS
(TREATMENT AND REHABILITATION)
ACT, No. 54 OF 2007
[Certified on 13th November, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 16, 2007
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
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Drug Dependant Persons (Treatment and 1
Rehabilitation) Act, No. 54 of 2007
[Certified on 13th November, 2007]
L.D.—O.61/2003.
AN ACT TO MAKE PROVISION FOR THE TREATMENT AND
REHABILITATION OF DRUG DEPENDANT PERSONS AND TO
PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Drug Dependant Short title.
Persons (Treatment and Rehabilitation) Act, No. 54 of 2007
and shall come into operation on such date as the Minister
may appoint by Order published in the Gazette
(hereinafter referred to as the “appointed date”).
PART 1
TREATMENT CENTRES
2. For the purposes of this Act the Minister on the Treatment
recommendation of the National Dangerous Drug Control Centres.
Board (hereinafter referred to as “NDDCB”) may, by Order
published in the Gazette, designate any place or building
to be a Treatment and Rehabilitation Centre (hereinafter
referred to as a “Treatment Centre”) for the care and
rehabilitation of drug dependant persons.
3. (1) Any person may on his own behalf or on behalf Licensing of
of any body corporate or unincorporated apply to the private Treatment
Centres.
NDDCB for a license to establish in the premises to be
specified in the application, a private Treatment Centre
for the care and rehabilitation of drug dependant persons.
(2) If the NDDCB is satisfied that—
(a) the premises are designed in such a manner so as to
make it suitable for use as a Treatment Centre ;
(b) the facilities available at such Centre are adequate
for the carrying out of the objects of the Act ;
2 —PL 002499—4,350 (10/2007)
2 Drug Dependant Persons (Treatment and
Rehabilitation) Act, No. 54 of 2007
(c) the staff employed at such Centres possess the
prescribed qualifications in order to ensure they
are competent to discharge their functions under
this Act ; and
(d) the arrangements proposed for the management
of the Centre are satisfactory,
it may grant the applicant a licence subject to any
conditions, limitations or restrictions it considers
necessary. Such conditions, limitations or restrictions shall
be set out, in the licence.
Director of 4. (1) The Minister shall on the recommendation of
Treatment the NDDCB appoint for the purposes of this Act, a person
Centers. to be the Director of Treatment Centres (hereinafter
referred to as “the Director”) to exercise and perform such
powers and duties as are assigned to, or imposed on, the
Director by this Act or any regulation made thereunder.
(2) For the purpose of ascertaining whether the
provisions of this Act are being complied with, the Director
or any person authorized to act on his behalf may enter
any Treatment Centre designated or licensed under this
Act at all reasonable times and make such examinations
as he considers necessary thereon for that purpose. He
may bring with him such assistants, as he considers
necessary for such purpose.
(3) The Director shall submit periodic reports to the
NDDCB which shall contain information regarding the
work of the Treatment Centres in relation to the number
of persons being treated at such Centres and the
effectiveness of such Centres at providing treatment and
rehabilitation facilities to drug dependant persons.
NDDCB to issue 5. The NDDCB may from time to time issue such
directions. general or special directions as are necessary to ensure the
efficient management of Treatment Centres. It shall be the
duty of such Centres to comply with such directives.
Drug Dependant Persons (Treatment and 3
Rehabilitation) Act, No. 54 of 2007
6. The services of any Medical Officer or any other Use of services
officer or employee of the Department of Health or any of Officers of
Department of
University or any medical practitioner or any other Health, etc.
competent person engaged in a similar service, may be
used, subject to the approval of the Director-General of
Health Service or other relevant authority as the case may
be, to assist in the treatment and care of drug dependant
persons at Treatment Centres designated or licensed under
this Act. Regulations may be made specifying the terms
and conditions on which such assistance shall be rendered.
7. (1) The Minister shall appoint Assessment Panels Appointment of
Assessment
consisting of not more than ten persons from amongst persons
Panels.
who have gained eminence or experience in the fields of law
or persons having experience or knowledge in the Fields
of physiological or social problems connected with drug
dependence.
(2) Assessment Panels consisting of not more than three
person’s shall be nominated by the NDDCB whenever it
becomes necessary to —
(a) assess persons seeking admission in terms of this
Act, to Treatment Centres designated or licensed
under this Act ; or
(b) assess persons presently undergoing treatment for
drug dependence, and to evaluate future
rehabilitation programmes.
(3) The powers and functions of Assessment Panels shall
be as specified by regulation.
8. (1) The Minister may on the recommendation of the Appointment of
NDDCB, nominate one or more fit and proper persons to be official visitors.
official visitors to any Treatment Centre designated or
licensed under the provisions of this Act.
4 Drug Dependant Persons (Treatment and
Rehabilitation) Act, No. 54 of 2007
(2) Every visitor so appointed shall unless he ceases to
hold office earlier, serve in such capacity for a period of
two years from the date of his appointment. Every such
visitor may at all times enter any such Treatment Centre
and to make such inquiries or examination therein as to
him shall appear necessary. It shall be the duty of such
visitors to visit such Treatment Centres from time to time
and submit periodic reports to the NDDCB in accordance
with such guidelines or regulations as may be issued in
this regard.
PART II
VOLUNTARY ADMISSION TO ATREATMENT CENTRE
Voluntary 9. (1) A person voluntarily seeking treatment for drug
admissions. dependence may apply for admission to a Treatment Centre.
In case of a minor, the parents or guardian may apply for
admission on behalf of the minor. Admission of such a
person to a Treatment Center shall be decided on a case-
by-case basis subject to assessment by an Assessment Panel.
(2) Upon admission, such person may continue as an inmate
of a Treatment Centre, until the Assessment Panel and the
medical officer in charge of the Treatment Centre are of
opinion that he may be discharged as he has successfully
completed the course of treatment undertaken. Conditions
for discharge shall be determined by the rules of each
Treatment Centre.
PART III
COMPULSORY ADMISSION TO ATREATMENT CENTRE
Compulsory 10. (1) Where an Officer-in-Charge of a Police Station
admission to a receives information that any person is a habitual user of
Treatment
dangerous drugs and has since become a drug dependant
Centre.
person, he shall forthwith take such steps as may be necessary
to cause such person to be examined by a Government
Medical Officer. The Government Medical Officer shall
thereupon submit a report to the police officer who
Drug Dependant Persons (Treatment and 5
Rehabilitation) Act, No. 54 of 2007
referred the drug dependant person to him or any other
officer attached to the relevant Police Station, setting out
the results of such examination. The report shall contain
reasons for his observations that such person is or is not,
a drug dependant person and details as to the extent of
such person’s drug dependency. Where the report is
submitted to an officer who is not the Officer-in-Charge,
such police officer shall report the fact of such information
to the Officer-in-Charge of the Police Station.
(2) If according to the report of the Government Medical
Officer the person examined by him is a drug dependant
person, the Officer-in-Charge of the Police Station shall
produce such person or cause such person to be produced,
before a Magistrate who shall take action in accordance with
the following provisions of this section.
(3) A Magistrate before whom a person produced upon the
completion of the procedure set out in subsection (1) and (2),
shall make Order that such person be sent for compulsory
treatment and rehabilitation at any Treatment Centre
designated or licensed under this Act, as may be determined
by such Magistrate.
(4) Where a person is convicted and sentenced for any
offence under the Poisons, Opium and Dangerous Drugs
Ordinance (Chapter 214) and the Court convicting such person
is satisfied by evidence on oath led before such Court that
such person is a drug dependant person, the Court may,
commit the person so convicted to a Treatment Centre for such
period of time as may be determined by Court taking in to
consideration the degree of dependence of such person. Such
period of time may be extended on application made by the
Director of the Treatment Centre to which such person is
committed. The circumstances on which the extension is
requested should be sufficient in the opinion of the Court
to necessitate such extension :
Provided however, the Court may consider the period
of treatment as part of the sentence imposed.
6 Drug Dependant Persons (Treatment and
Rehabilitation) Act, No. 54 of 2007
(5) Where a person is committed for treatment under
subsection (4) the Commissioner of Prisons shall after
consultation with the Director of the Treatment Centre take
such steps as are necessary to transfer such person from the
prison to the Centre to undergo treatment for such period as
determined by Court.
(6) Any person admitted to a Treatment Centre under this
section, shall from time to time be subject to assessment
by an Assessment Panel appointed under section 7.
Release of 11. (1) Any person admitted to a Treatment Centre
persons from under the preceding provisions of this Act may be released
Centres.
from such Centres on the recommendation of the Director
of the Treatment Centre after consultation with the
Assessment Panel and subject to any terms and conditions
which may be imposed by the NDDCB.
(2) The Court may in the case of a person detained at a
Treatment Centre by virtue of an Order of Court, make Order
for the release of such person upon the recommendation,
after consultation with the Assessment Panel, of the Director
of the Treatment Centre to which a drug dependant person
has been committed, being submitted to Court. The Order
of Court may be subject to such conditions as the Court
may, where necessary, specify.
PART IV
GENERAL
Closure of 12. The Minister may on the advice of the NDDCB by
Treatment Order published in the Gazette close any Treatment Centre
Centres.
designated or licensed under the provisions of the Act if it
appears that such Centre is mismanaged or that it has
breached any requirement imposed by the Act or any
directives issued thereunder.
Drug Dependant Persons (Treatment and 7
Rehabilitation) Act, No. 54 of 2007
13. (1) A medical practitioner who signs a medical Medical
certificate supporting any application or committal to be Practitioner to
specify basis of
made under this Act or for any other purpose provided in this
opinion.
Act shall specify therein, the facts upon which he has formed
his opinion that the person to whom the certificate relates is
a drug dependant person. He shall also set out in detail
the circumstances as perceived by him, and the facts
communicated to him by others.
(2) No Order shall be made by a Magistrate under this Act
upon a certificate which purports to be founded only upon
facts communicated by others.
14. Any person who without authority introduces or Supply of drugs
attempts to introduce into any Treatment Centre, or supplies & c,.
or attempts to supply any persons in a Treatment Centre with,
a dangerous drug or any unauthorized article shall be guilty
of an offence under this Act.
15. No action shall lie against any person for anything Indemnity.
done or omitted to be done by him in the course of
performing his duties in good faith under this Act or in carrying
out any recommendations or Order given or purported to
have been given to him in accordance with the provisions of
this Act.
16. (1) No person shall except with the permission of Proceedings not
the presiding Judge, publish a report of any proceedings under to be published
without
this Act.
permission and
confidentiality of
(2) All records pertaining to a drug dependant person in records.
the custody of a Treatment Centre shall be confidential and
shall not be released except on an Order of Court, or in
connection with an investigation in respect of the
commission of a serious offence within the Centre.
(3) Any person who contravenes the provisions of
subsection (2) shall be guilty of an offence under this Act.
8 Drug Dependant Persons (Treatment and
Rehabilitation) Act, No. 54 of 2007
Striking persons 17. Any person employed in a Treatment Centre who
under treatment. without reasonable cause strikes, wounds, ill-treats or
wilfully neglects any person receiving treatment therein
shall be guilty of an offence under this Act.
Obstruction of 18. Any persons who obstructs or attempts to obstruct
employees an any person employed in a Treatment Centre in the performance
offence.
of his duties under the Act, shall be guilty of an offence under
this Act.
Apprehension of 19. (1) Where any person receiving treatment in a
persons Treatment Centre designated or licensed under this Act
escaping.
escapes from the Centre he may be apprehended by any
Police Officer or any officer appointed under this Act and
returned to the Treatment Centre.
(2) It shall be the duty of any person employed in a
Treatment Centre to preserve order and discipline among the
persons detained in the Centre and for such purpose it shall
be lawful for a such person to use all such means, including
such degree of force, as may reasonably be necessary to
compel obedience to any lawful directions given by him.
Penalty. 20. Any person who commits an offence falling under
section 14, subsection (2) of section 16, section 17 and section
18 of this Act, shall after trial by a Magistrate be punished
with a fine not exceeding rupees five thousand or
imprisonment of either description for a period not exceeding
eighteen months, or to both.
Regulations. 21. (1) The Minister may make regulations for the
purpose of carrying out and giving effect to a principles and
provisions of this Act.
(2) In particular and without prejudice to the generality of
the powers conferred by subsection (1) the Minister may
make regulations—
(a) setting out the procedure for the issue of licenses
under this Act;
Drug Dependant Persons (Treatment and 9
Rehabilitation) Act, No. 54 of 2007
(b) the requirements which Treatment Centres licensed
or designated in terms of this Act should conform;
(c) the records to be maintained at such Treatment
Centres;
(d) any other matter which is required to give effect to
the objectives of this Act.
(3) Every regulation made by, the Minister shall be
published in the Gazette and shall come into operation on
the date of publication or on such later date as may be
specified in the regulation.
(4) Every regulation made by, the Minister shall as soon
as convenient after its publication in the Gazette be brought
before Parliament for approval. Any regulation which is not
so approved shall be deemed to be rescinded as from the date
of disapproval but without prejudice to anything previously
done thereunder.
(5) Notification of the date on which any regulation is so
disapproved shall be published in the Gazette.
22. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case of
inconsistency.
prevail.
23. In this Act, unless the context otherwise Interpretation.
requires—
“dangerous drug” means any drug falling within the
Third Schedule to the Poisons, Opium and
Dangerous Drugs Ordinance (Chapter 218) or
included in any law enacted in its place ;
“drug dependant person” means a person to whom this
Act applies ;
“National Dangerous Drugs Control Board (NDDCB)”
means the National Dangerous Drugs Control Board
established by the National Dangerous Drugs
Control Board Act, No. 10 of 1984.

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