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

State: Central

Year: 1974

.....OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 52 of 1974 An Act to provide for preventive detention in certain cases for the purposes of conservation and augmentation of Foreign Exchange and prevention of smuggling activities and for matters connected therewith. 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 therewith; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT.....

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.

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

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.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 2

Title: Definitions

State: Central

Year: 1974

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 such order, the Central Government, and as respects a detention order made by a State Government or by an Officer of a State Government or a person detained under such order, the State Government; (b) "detention order" means an order made under section 3; (c) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946); (d) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962); (e) "smuggling" has the same meaning as in clause (39) of section 2 of the Customs Act, 1962, and all its grammatical variations and cognate expressions shall be construed accordingly; (f) "State Government", in relation to a Union Territory, means the Administrator thereof; (g) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 12A

Title: Special Provisions for Dealing with Emergency

State: Central

Year: 1974

.....to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person concerned. (5) It shall not be necessary to disclose to any person detained under a detention order to which the provisions of sub-section (2) apply, the grounds on which the order has been made during the period the declaration made in respect of such person under that sub section is in force, and, accordingly, such period shall not be taken into account for the purposes of sub-section (3) of section 3. (6) In the case of every person detained under a detention order to which the provisions of sub-section (2) apply, being a person in respect of whom a declaration has been made thereunder, the period during which such declaration is in force shall not be taken into account for the purpose of computing.-- (i) The periods specified in clause (b) and (c) of section 8; (ii) The periods of 'one year' and "five weeks" specified in sub section (1), the period of "one year" specified in sub section (2)(i), and the period of "six months" specified in sub section.....

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 Section 10

Title: Maximum Period of Detention`

State: Central

Year: 1974

.....later] and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 apply and which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 shall be2[a period of two years from the date of detention or the specified period, whichever period expires later: Provided that nothing contained in this section shall affect the power of the appropriate Government in neither case to revoke or modify the detention order at any earlier time. 3[Explanation.--In this section and in section 10A, "specified period" means the period during which the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of December, 1971 and the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, are both in operation.] _________________________ 1. Substituted by Act No.20 of 1976 for words "one year from the date of detention". 2. Substituted by Act No.20 of 1976 for words "two years from the date of detention". 3. Inserted by Act No. 20 of 1976.