REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 72 B] NEW DELHI, FRIDAY, AUGUST 31, 1984/BHADRA 9, 1906 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 31st August, 1984/Bhadra 9, 1906 (Saka) The following Act of Parliament received the assent of the President on the 30th August, 1984, and is hereby published for general information:— THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (AMENDMENT) ACT, 1984 No. 58 OF 1984 [30th August, 1984.]
An Act further to amend the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
BE it enacted by Parliament in the Thirty-fifth 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, 1984.
(2) It shall be deemed to have come into force on the 13th day of.
July, 1984.
Short title and commeacement.
(1) a THE GAZETTE OF INDIA EXTRAORDINARY [PART EL-^
2. In the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the principal Act), for section 9, the following section shall be substituted, namely:— 52 of 1974.
Substitution of new section for section 9.
'9. (1) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention is made under this Act at any time before the 31st day of July, 1987, may be detained without obtaining, in accordance with the provisions of sub-clause (a) of clause (4) of article 22 of the Constitution, the opinion of an Advisory Board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made against such person with a view to preventing him from smuggling goods or abetting the smuggling of goods or engaging in transporting or concealing or keeping smuggled goods and the Central Government or any officer of the Central Government, not below the rank of an Additional Secretary to that Government, specially empowered for the purposes of this section by that Government, is satisfied that such person— Ciscs in which and circumstaiww undo whfch persons maybe detained for periods longer than three months without obtaining the opinion of Advisory Board. (a) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling; or
(b) abets or is likely to abet the smuggling of goods Into, out of or through any area highly vulnerable to smuggling; or
(c) engages or is likely to engage in transporting or concealing or keeping smuggled goods in any area highly vulnerable to smuggling, and makes a declaration to that effect within five weeks of the detention of such person.
Explanation 1.—In this sub-section, "area highly vulnerable to smuggling" means—
(i) the Indian customs waters contiguous to the States of Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Goa, Daman and Diu and Pondichery;
(ii) the inland afea fifty kilometres in width from*the coast of India falling within the territories of the States of Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Goa, Daman and Diu and Pondicherry;
(Hi) the inland area fifty kilometres in width from the India- Pakistan border in the States of Gujarat, Jammu and Kashmir, Punjab and Rajasthan;
(iv) the customs airport of Delhi; and
(v) such further or other Indian .customs waters, or inland area not exceeding one hundred kilometres in width from any other coast or border of India, or such other customs station, as the Central Government may, having regard to the vulnerability of such waters, area or customs station, as the case may be, to smuggling, by notification in the Official Gazette, specifyin this behalf.
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Explanation 2.—For the purposes of Explanation 1, "customs airport" and "customs station" shall have the same meaning as in clauses (10) and (13) of section 2 of the Customs Act, 1962, respectively.
52 of 196a
(2) In the case of any person detained under a detention order to which the provisions of sub-section (1) apply, section 8 shall have effect subject to the following modifications, namely: —
(1) in clause (b), for the words "shall, within five weeks", the words "shall, within four months and two weeks" shall be substituted;
(.ti) in clause (c),—
(1) for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;
(2) for the words "eleven weeks", the words "five months and three weeks" shall be substituted;
(in) m clause (f), for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted.'.
3. (1) The Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Ordinance, 1984, is hereby repealed Repeal saving;
8 of 1984.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
R. V. S. PERI SASTRI, Secy, to the Govt, of India.
HUNTED BY THE GKNUlAL MANAGES, GOVERNMENT OF INDIA PRESS, MUJTO ROAD, H I W DKLHI AND PUBLISHHD BY THE CONTROLLm Or PUBLICATIONS, DELHI, 1 9 8 4