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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



Every person in respect of whom a detention order has been made shall be liable-

(a) To be detained in such, place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify ; and

(b) To be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government:

Provided
that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.

5A.1* Grounds of detention severable.

Where a person has been detained in pursuance of an order of detention under sub-section (1)of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-

(a) Such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-

(i) Vague,

(ii) Non-existent,

(iii) Not relevent,

(iv) Not connected or not proximately connected with such person, or

(v) Invalid for any other reason whatsoever,and it is not therefore possible to hold that the Government or officer making such order would have satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention;

(b) The Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that subsection with reference to the remaining ground or grounds.

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1. Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975).

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No detention order shall be invalid or inoperative merely by reason-

(a) That the person to be detained there under is outside the limits of the territorial jurisdiction of the Government or the officer, making the order of detention, or

(b) That the place of detention of such person is outside the said limits.
Last updated on August, 2016

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