REGISTERED No. D.(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 84] NEW DELHI, FRIDAY, DECEMBER 12, 1975/AGRAHAYANA 21, 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 12th December, 1975/Agrahayana 21, 1897 (Saka) THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (SECOND AMENDMENT) ORDINANCE, 1975 No. 29 OF 1975 Promulgated by the President in the Twenty-sixth Year of the Republic of India.
An Ordinance further to amend the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: —
1. (1) This Ordinance may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Second Amendment) Ordinance, 1975.
Short title and commencement.
(2) It shall come into force at once.
(763) 764 THE GAZETTE OP INDIA EXTRAORDINARY [PART II—
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
0.
52 of 1974.
3. Dining 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 Juno, 1975, are both in operation, the principal Act shall have effect subject to the modifications that-— .
Temporary amendments.
(1) in section 10—
(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 wordy "two years from the date of detention:", the words "a period of two years icom the date of detention or the specified period, whichever period expires later:" shall be substituted;
(c) 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. (I) 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 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Second Amendment) Ordinance, 1975, and which is in force immediately before such commencement shall, unless the 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:
Exten.
sion of period •oi detention.
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 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 765 sub-section (2) of section 9 before the commencement of the Ordinance referred to in sub-section (1) and which is in force immediately before such commencement, shall, unless his detention has bdfen 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.".
FAKHRUDDIN ALI AHMED, President.
K. K. SUNDARAM, Secy, to the Govt. of India.
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