Bare Act Search Results

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Preamble 1

Title: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

State: Central

Year: 1974

..... WHEREAS violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State; AND WHEREAS having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner there with; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-- _______________________ 1. Published in Gazette of India (Extraordinary) Part II, section2, dated 25-11-1974 w.e.f. 19th December 1974, vide G.S.R. 690 (E), dated 16-12-1974.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Complete Act

Title: Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

State: Central

Year: 1974

Preamble1 - CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES Act, 1974 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power to make orders detaining certain persons Section4 - Execution of detention order Section5 - Power to regulate place and conditions of detention Section5A - Grounds of detention severable Section6 - Detention order not to be invalid or inoperative on certain grounds Section7 - Powers in relation to absconding persons Section8 - Advisory Board Section9 - Cases in which and circumstances under which persons may be detained for period longer than three months without obtaining the opinion of Advisory Board Section10 - Maximum period of detention` Section10A - Extension of period of detention Section11 - Revocation of detention orders Section12 - Temporary release of persons detained Section12A - Special provisions for dealing with emergency Section13 - Protection of action taken in good faith Section14 - [Repealed]

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Complete Act

State: Central

Year: 1974

.....having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner therewith; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. (2) It extends to the whole of India. (3) It shall come into force on such date (being a date not later than the twentieth day of December, 1974), as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a person detained under.....

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 9

Title: Cases in Which and Circumstances Under Which Persons May Be Detained for Period Longer Than Three Months Without Obtaining the Opinion of Advisory Board

State: Central

Year: 1974

....."shall, within five weeks", the words"shall, within four months and two weeks" shall be substituted; (ii) inclause (c),-- (1) forthe words "the detention of the person concerned", the words "thecontinued detention of the person concerned" shall be substituted; (2) forthe words "eleven weeks", the words "five months and threeweeks" shall be substituted; (iii)in clause (f), for the words "for the detention", at both the placeswhere they occur, the words "for the continued detention" shall besubstituted.] __________________________ 1.Substituted by Act No. 58 of 1984, section 2, for section 9 w.e.f. 13-7-1984. 2.Substituted by Act 15 of 1996. w.e.f. 31-7-1996. 3.Substituted by Act No. 23 of 1987, section 2 w.e.f. 2.7.1987.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 3

Title: Power to Make Orders Detaining Certain Persons

State: Central

Year: 1974

.....shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & K Ordinance, 1 of 1988).] (2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order. (3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention. ______________________ 1. Added by Act No. 46 of 1988, section 15 w.e.f. 4-7-1988.

Customs Act, 1962 Section 120

Title: Confiscation of Smuggled Goods Notwithstanding Any Change in Form, Etc

State: Central

Year: 1962

(1) Smuggled goods may be confiscated notwithstanding any change in their form. (2) Where smuggled goods are mixed with other goods in such manner that the smuggled goods cannot be separated from such other goods, the whole of the goods shall be liable to confiscation : Provided that where the owner of such goods proves that he had no knowledge or reason to believe that they included any smuggled goods, only such part of the goods the value of which is equal to the value of the smuggled goods shall be liable to confiscation.

Merchant Shipping Act, 1958 Section 195

Title: Smuggling of Goods by Seamen or Apprentices

State: Central

Year: 1958

(1) If a seaman lawfully engaged or an apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part his wages may he retained in satisfaction on account of that liability without prejudice to any other remedy. (2) If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narcotic drug or narcotic, the Director-General may direct that the seaman's certificate of discharge or continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the direction.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 10A

Title: Extension of Period of Detention

State: Central

Year: 1974

.....such detention order at any earlier time. (2) Notwithstanding anything contained in any other provision of this Act, the detention of every person detained under a detention order which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976, and which is in force immediately before such commencement, shall, unless his detention has been continued by the appropriate Government under the said clause (f) read with the said sub-section (2), for a period shorter than two years from the date of his detention, continue until the expiry of a period of two years from the date of his detention under such order or until the expiry of the specified period, whichever period expires later: Provided that nothing contained in this sub-section shall affect the power of the appropriate Government to revoke or modify such detention order at any earlier time.] ________________________ 1. Inserted by Act No. 20 of 1976

Customs Act, 1962 Section 121

Title: Confiscation of Sale-proceeds of Smuggled Goods

State: Central

Year: 1962

Where any smuggled goods are sold by a person having knowledge or reason to believe that the goods are smuggled goods, the sale proceeds thereof shall be liable to confiscation.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1974

(1) This Act may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.