REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No.26 ] NEW DELHI. MONDAY, FEBRUARY 9,1976/MAGHA 20, 1897 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 9th February, 1976/Magha 20, 1897 (Saka) The following Act of Parliament received the assent of the President on the 9th February, 1976, and is hereby published for general information: — THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (AMENDMENT) ACT, 1976 No. 20 OF 1976 [9th, February, 1976] An Act further to amend the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
BE it enacted by Parliament in the Twenty^seventh Year of the Republic of India as follows: —
1. (1) This Act may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976.
(2) It shall be deemed to have come into force on the 12th day of December, 1975.
Short title and commencement.
2. In section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the principal Act), in sub-section (1), for the words, figures and letters "the 31st day of December, 1975", the words, figures and letters "the 31st day of December, 1977" shall be substituted.
Amendment of section
9.
52 of 1974.
3. During the period when 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, the principal Act shall have effect subject to the modifications that—
(1) In section 10— Temporary amendments.
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(a) for the words "one year from the date of detention", the words "a period of one year from the date of detention or the specified period, whichever period expires later," shall be substituted;
(b) for the words "two years from the date of detention:", the words "a period of two years from the date of detention or the specified period, whichever period expires later:" shall be substituted;
(e) the following Explanation shall be inserted at the end, namely: — '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.';
(2) after section 10, the following section shall be inserted, namely: — "10A. (1) 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 (/) of section 8 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 for a period shorter than one year from the date of his detention, continue until the expiry of a period of one year 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.
(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.".
Extension of period of detention.
; Sre. 1J THE GAZETTE OF INDIA EXTRAORDINARY i4?
4. In section 12 of the principal Act,—
(a) for sub-section (1), the following sub-sections shall be substituted, namely: — Amendment of section
12.
" (1) The Central Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(1A) A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or by an officer subordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.";
(b) in sub-section (2), for the words, brackets and figure "under sub-section (1), the appropriate Government", the words, brackets, figures and letter "under sub-section (1) or sub-section (1A), the Government directing the release" shall be substituted.
(c) in sub-sections (3) and (5), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letter "sub-section
(1) or sub-section (1A)" shall be substituted.
5. (1) The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Second Amendment) Ordinance, 1975 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended and modified by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as .amended and modified by this Act.
Bepeal and saving.29 of 1976.
K. K. SUNDARAM, Secy, to the Govt. of India.
PHlN'l'mj BY THE GENERAL IBtANAOER, GOVERNMENT OF INDIA PRESS. MINTO ROAD, NSW DELHI AND "PUBLISHED BY THE COOTBOLLER OF PUBLICATIONS, DELHI, 1976