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THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974

Title : THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974

Year : 1974

[ACT NO. 52 OF 1974.]1*
[13th December, 1974.]

An Act to provide for preventive detention in certain cases for the purposes of conservation and augmentation of foreign exchange and prevention of smuggling activities and for matters connected therewith.

WHEREAS violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State;

AND WHEREAS having regard to the persons by whom and the manner

In which such activities or violations are organized and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organized and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner therewith;

BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows :-

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1 19-12-1974, vide Notifn. G.S.R. 690 (E), dated 16-12-1974.The Act shall come into force in the State of Sikkim w.e.f. 1-10-1979; Vide Notifn. No. G.S.R. 527(E), dated 1-9-1979.

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(1) This Act may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2) It extends to the whole of India.

(3) It shall come into force on such date (being a date not later than the twentieth day of December, 1974), as the Central Government may, by notification in the Official Gazette, appoint.


 
In this Act, unless the context otherwise requires,-

(a) "Appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a person detained under such ordered, the Central Government, and as respects a detention order ma b y a State Government or by an officer of a State Government or a person detained under such order, the State Government;

(b) "Detention order" means an order made under section 3;

(c) "Fohas the s meang as in the Foreigners Act, 1946 (31 of 1946)

(d) "Indian customs waters" has the same m in clause (28) of section 2 of the Customs Act, 1962 (52 of 1962)

(e) "Smuggling" has the same meang as in clause (39) of section 2 of the Customs Act, 1962 (52 of 1962), and all its grammatical variations and cognate expressions shall be construed accordingly;

(f) "State Government", in relation to a Union territory, means the Administrator thereof ;

(g) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

Last updated on September, 2016

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