REGISTERED No. D- (D) -
रजिस्ट्री सं ० डी-( डी) -72
भारत काराजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 84) No. 84]
नई दिल्ली, शुक्रवार , विसम्बर 12 , 1975/ अग्रहायण 21 , 1897 NEW DELHI , FRIDAY , DECEMBER 12 , 1975 / AGRAHAYAΝΑ 21 , 1897
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा आ सके ।
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 Short Exchange and Prevention of Smuggling Activities (Second Amendment) Ordinance , 1975 .
title and commence- ment, (2) It shall come into force at once .
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[PART II-
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52 of 1974.
Amend- ment of section 9.
2. In section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act , 1974 ( hercinafter 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 .
Tem- porary amend- ments.
3. During the period when the Froclamation 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-
(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 subs- tituted;
(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 sub- stituted;
(c) the following Explanation shall be inserted at the end , namely:-
'Explanation . In this section and in section 10A, " specifi- ed 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 Pro- clamation 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:-
Exten- sion of period ofdeten- tion.
" 10A . ( 1 ) Notwithstanding anything contained in any other pro- vision 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 ) Ordi- nance, 1975 , and which is in force immediately before such commence- ment 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 :
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 ]
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sub - section (2 ) of section 9 before the commencement of the Ordi- nance referred to in sub -section ( 1) and which is in force immediately before such commencement , shall , unless his detention has been con- tinued 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 .
INI 12245
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1975