9. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.
[i][9. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.—(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 [ii][31st day of July, 1999], 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—
(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 [iii][the State of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union Territories of Daman and Diu and Pondicherry];
(ii) the inland area fifty kilometres in width from the coast of India falling within the territories of [the States of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of Daman and Diu and Pondicherry;]
(iii) 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, specify in this behalf.
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 (52 of 1962), respectively.
(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:—
(i) in clause (b), for the words “shall, within five weeks”, the words “shall, within four months and two weeks” shall be substituted;
(ii) 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;
(iii) in clause (f), for the words “for the detention”, at both the places where they occur, the words “for the continued detention” shall be substituted.]
| Other Contents of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 |
|---|
| Sections 1 to 8 Sections 9 to 14 |
10. Maximum period of detention.
10. Maximum period of detention.—The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of Section 9 do not apply and which has been confirmed under clause (f) of Section 8 shall be [iv][a period of one year from the date of detention or the specified period, whichever period expires 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 be [v][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 either case to revoke or modify the detention order at any earlier time.
[vi][Explanation.—In this section and in Section 10-A, “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.]
10-A. Extension of period of detention.
[vii][10-A. Extension of period of detention.—(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 (f) 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.]
11. Revocation of detention orders.
11. Revocation of detention orders.—(1) Without prejudice to the provisions of Section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified—
(a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government;
(b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government.
(2) The revocation of a detention order shall not bar the making of another detention order under Section 3 against the same person.
12. Temporary release of persons detained.
12. Temporary release of persons detained.—[viii][(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 condition or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(1-A) 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 condition or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.]
(2) In directing the release of any person [under sub-section (1) or sub-section (1-A), the Government directing the release], may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction.
(3) Any person released under [ix][sub-section (1) or sub-section (1-A)] shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(5) If any person released under [x][sub-section (1) or sub-section (1-A)] fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.]
[xi][(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.]
13. Protection of action taken in good faith.
13. Protection of action taken in good faith.—No suit or other legal proceedings shall lie against the Central Government or a State Government and no suit, prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.
14. Repeal.
14. Repeal.—The Maintenance of Internal Security (Amendment) Ordinance, 1974 (11 of 1974), shall, on the commencement of this Act, stand repealed and accordingly the amendments made in the Maintenance of Internal Security Act, 1971 (26 of 1971), by the said Ordinance shall, on such commencement, cease to have effect.
References
[i] Substituted by Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1984 (58 of 1984), S. 2 (w.e.f. 13-7-1984).
[ii] Substituted for “31st day of July 1996” by Act 15 of 1996, S. 2.
[iii] Substituted by Act 23 of 1987, S. 2 (w.e.f. 2-7-1987)
[iv] Substituted for the words “one year from the date of detention” by Act 20 of 1976, S. 3, (w.e.f. 12-12-1975).
[v] Substituted by Act 20 of 1976, S. 3 (w.e.f. 12-12-1975).
[vi] Inserted by S. 3, (w.e.f. 12-12-1975).
[vii] Inserted by Act 20 of 1976, S. 3 (w.e.f. 12-12-1975).
[viii] Substituted by Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (20 of 1976), S. 4. (w.e.f. 12-12-1975).
[ix] Substituted by Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (20 of 1976), S. 4.
[x] Substituted by Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976 (20 of 1976), S. 4.
[xi] Inserted by the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1975 (35 of 1975), S. 3. (w.e.f. 1-7-1975).
[disclaimer]
