SectionsParticulars
1Short title, extent and commencement
– (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) ...
2Definitions
– In this Act, unless the context otherwise requires, -- a. "appropriate Government" means, as respects a detention order made by the Central Government or by ...
3Power to make orders detaining certain persons
(1) The Central Government or the State Government or any officer of the Central Government, not below the rank of a Joint Secretary to that Government, speci...
4Execution of detention word
A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1...
5Power to regulate place and conditions of detention
– 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 condi...
5AGrounds of detention severable
Note: Ins. by Act No.35 of 1975, S.2 (w.e.f. 1-7-1975) – Where a person has been detained in pursuance of an order of detention under sub-section (1) of secti...
6Detention order not to be invalid or inoperative on certain grounds
No detention order shall be invalid or inoperative merely by reason – (a) That the person to be detained thereunder is outside the limits of the territorial ...
7Powers in relation to absconding persons
– (1) If the appropriate Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing him...
8Advisory Board
– For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7) of article 22 of the Constitution, -- a. The Central Government and each ...
9Cases in which and circumstances under which persons may be detained for period longer than three months without obtaining the opinion of Advisory Board
(Note: Subs. by Act No.58 of 1984, s.2, for s.9 (w.e.f. 13-7-1984) – (1) Notwithstanding anything contained in this Act, any person (including a foreigner) in...
10Maximum 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...
10AExtension of period of detention
(Note:- Ibid) – (1) Notwithstanding anything contained in any other contained in any other provision of this Act, the detention of every person detained under ...
11Revocation of detention orders
(1) Without prejudice to provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified –...
12Temporary release of persons detained
-- [(Note:- Subs. for sub-section (1) by Act No.20 of 1976, s.4 (w.e.f. 12-12-1975) (1) The Central Government may, at any time, direct that any person detain...
12ASpecial Provisions for dealing with emergency
(Note:- Ins. by Act No.35 of 1975, s.4 (w.e.f. 1-7-1975) (1) notwithstanding anything contained in this Act or any rules of natural justice, the provisions of ...
13Protection of action taken in good faith
– No suit or other legal proceeding shall lie against the Central government or a State Government, and no suit, prosecution or other legal proceedings shall...
14Repeal
The maintenance of Internal Security (Amendment) Ordinance, 1974 (11 of 1974), shall, on the commencement of this Act, stand repealed and accordingly the amen...
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