REGISTERED No. D (D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 67] NEW DELHI, TUESDAY, SEPTEMBER 17, 1974/BHADRA 26, 1896 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 17th September, 1974/Bhadra 26, 1896 (Saka) THE MAINTENANCE OF INTERNAL SECURITY (AMEND- MENT) ORDINANCE, 1974 No. 11 OF 1974 Promulgated by the President in the Twenty-fifth Year of the Republic of India.
An Ordinance further to amend the Maintenance of Internal Security Act, 1971.
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 Maintenance of Internal Security (Amendment) Ordinance, 1974.
Short title and commencement.(2) It shall come into force at once.
Z. During the period of operation of this Ordinance, the Maintenance of Internal Security Act, 1971 (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in sections 3, 4 and 5.
Act 26 of 1971 to be temporarily amended.
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3. In section 2 of the principaji^pt, after clause (c), the following clause shall be inserted, namely: — Amendment of section
2. '(cc) "smuggling" has the same meaning as in clause (39) of section •% of 1*e* Cisterns <Act, 1962 and all its grammatical variations atid cognate expressions shall be construed accordingly;'.'
52 of 1982.
4. In section 3 of the nrincipal Act. in sub-section (1),—Amendment of section 3. (a) in clause (b), the word "or" shall be inserted at the end;
(b) after clause (b), the following clause shall be inserted, namely: — "(c) if satisfied with respect to any person (including a foreigner) that with a view to preventing him from acting in any manner prejudicial to the conservation of foreign exchange or with a view to preventing him from—
(i) smuggling goods, or
(if) abetting other persons to smuggle goods, or (Hi) dealing in smuggled goods/'.
5. After section 16 oE the principal Act, the following section shall be inserted, namely: — Insertion of new section
16A.
16A, (2) Notwithstanding anything contained in this Act, any person (including a foreigner) in respect of whom an order of detention has been made under this Act may be detained without obtaining the opinion of the Advisory Board for a period longer than three months but not exceeding one year 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 other persons to smuggle goods, and the Central Government has reason to believe that such person— Cases in which and circumstances under which persons may be detained for longer than three months without obtaining opinion of Advi- ,sory Board.
(i) smuggles or is likely to smuggle goods, or
(ii) abets or is likely to abet other persons to smuggle goods, into, out of or through any specified area as denned in clause (c) of section 11H of the Customs Act, 1962. 52 of 1962.
(2) In the case of any person (including a foreigner) to whom sub-section (1) applies, sections 10 to 13 shall have effect subject to the following modifications, namely: —
(a) in section 10t for the words "shall, within thirty days", the words "may, at any time prior to but in no case' later than three months before the expiration of one year" shall, be substituted;
(b) in section 11,—
(i) in sub-section (1), for the words "from the date of detention", the words "from the date on which reference is made to it" shall be substituted;
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(ii) in sub-section (2), for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;
(c) in section 12, for the words "for the detention" in both the places where they occur, the words "for the continued detention" shall be substituted;
(d) in section 13, for the words "twelve months", the words "two years" shall be substituted.'.
FAKHRUDDIN ALI AHMED, President- K. K. SUNDARAM, Secy, to the Govt. of India.
PMNTEl' BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1974