 bill no 63 of 1981 the conservation of foreign exchange and prevention of smuggling activities (amendment) bill, 1987 a billfurther to amend the conservation of foreign exchange and prevention of smuggling activities act, 1974 be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-1 (1) this act may be called the conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1987 5 (2) it shall be deemed to have come into force on the 2nd day of july, short title and' commencement 1987 '2 of 197 •• 2 in the conservation of foreign exchange and prevention of amend-smuggling activities act, 1974 (hereinafter referred to as the principal ment ot act), in section 9, in sub-section (1) ,-section 9- 10 (a) for the figures, letters and words "31st day of july, 1987", the figures, letters and words "31st day of july, 1990" shall be substituted;  (b) in explanation 1, in clause (i) and(ii) for the words "the , , states of gujarat, karnataka, kerala, maharashtra and tamil nlldu and the union territories of goa, daman and diu and pondicherry", the words "the states of goa, gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of daman and diu and pondicherry" shall be substituted i 3 (1) the cpnservation of foreign exchange and prevention of s ord 4 of smuggling activities (amendment) ordinance, 1987 is hereby repealed j987 repeal and saving (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act 10 the conservation of foreign exchange and prevention of smuggling activities act, 1974 provides for p~ventive detention of persons in certain cases for the purposes of conservation and augmentation of foreign exchange and for prevention of smuggling activities 2 section 9 of the act deals with the detention of any person who is engaged in smuggling activities in areas highly vulnerable to smuggling and such areas have been indicated in the section itself under the provisions of this section, detentions made for activities committed in such areas can be up to a maximum period of two years if a declaration is made under that section while for detentions for such activities committed in other areas, the maximum period of detention under the act will be for a period of one year only this section, however, could apply' only in respect of detention orders made before the 31st of july, 1987 a comparative analysis of the figures in regard to seizures of contraband goods effected in the said highly vulnerable areas during the last three y~ars had revealed that the menace of smuggling has not abated in any way in the said areas the longer period of detention for a period of two years under this section has, however, proved to be a deterrent effect on these smugglers and this provision had also been effectively used in combating smuggling activities in these bighly vulnerable areas it was, therefore, considered d;ecessary to continue the provisions of this section even in respect of detention orders which may be passed after 31-7-1987 accordingly, the conservation of foreign exchange and prevention of smuggling activities (amendment) ordinance, 1987 was promulgated by the president on the 2nd july, 1987 to continue the provisions of section 9 of the act for a further period of th~e years beyond 31st july, 1987 3 this bill seeks to replace the aforesaid ordinance new delhi; brahm dutt the 14th july, 1987  extracts from the conservation of foreign exchange and prevention of smuggling activities act, 1974_ (52 of 1974) - - - - - cases iw which and circum_ stances under which 9 (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 31st day of july, 1937, 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 !ilonths 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 per80~ may be detained tor period! longer than three montha without obtaining the opinion: otadvilory board (0) abets or is likely to ahiet 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 detentionof such person  explanation i-in this sub-section, "area highly vulnerable tv smuggling" means-(i) the indian customs waters contiguous to the states of gujarat, karnataka, kerala, maharashtra and tamil nadu and the ttnion territories of goa, 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 gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of goa, ~aman and diu and pondicherry; - - - - - a bill further to amend the conservation of foreign exchange and prevention of smuggling activities act, 1974 shri brahm dutt, (minister of state in the ministry of finanoo) 