 the conservation of foreign exchange and prevention of smuggling activities (amendment) bill, 1990 a bill -' further to amend the conservation of foreign exchange and prevention of smuggling activities act, 1974 be it enacted by parliament in the forty-first 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, 1990  ssboi1 tit1ead4 commence· medt ,-(2) it shall be deemed to have come into force on the 30th day of july, 1990 i amend· mental mctiollt ofaet , a20f 1874 2 in the conservation of foreign exchange and prevention of smuge1ing activities act, 1974 (hereinafter referred to as the principal act), in section 9, in sub-section (1), for the figure~ letters and words "31st day of july, 1990", the figures, letters and words "31st day of july, 1993" shall be substituted i ~ 3 (1) the conservation of f'oreign exchange and prevention of smuggling activities (amendment) ordinance, 1990, is hereby repealed repeal and av· m  ordlot 1_(2) notwithstanding such repeal anything done or any action taken under the principal act, as amended by the said ordinance, shall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 amende4 by this act ~ 1-- statement of objects and reasonsthe conservation of foreign exchange and prevention of smuggling activities act, 1974 provides for preventive detention of persons in certain cases for the purposes of conservation and augmentation of foreign ex-~hange add for prevention of smuggling activities 2 sub-section (1) of section 9 of the act provides that any person in respect of whom an order of detention is made any time before the 31st day of july, 1990, may be detained without obtaining the opinion of an advisory board for a longer period than three months dut not exceeding six months from the date of his detention however, a comparative ana  lysis of the figures in regard to seizures of contradana goods effected in the highly vulnerable areas during the last two years -shows that the menace of smuggling has not abated in any way· in the said areas since the maximum dama'ge to the society is caused by the smugglers operating in the highly vulnerable areas, tlie longer period of detention from one to two years under section 10 of the act, of the smugglers, their associates and the links is a necessary deterrent it was, therefore, considered nedllary to continue the provisions of section 9 in respect of detention orders which may be passed even after 31-7~1990 3 accordingly, the conservation of foreign excilenge and pm· tion of smuggling activities (amendment) ordinallce, 199o (5 gf· l~) was promulgated by the president on the 30th july, 1990 to continue the provisions of section 9 of the act for a period of three yeats beyond 31st july, ·1990 4 this bill seeks to replace the aforesaid ordinance n'gw di:un; madhu dani)avatb the 9th august, 1990  (52 qj' 1974) - - - - - 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, 1990, may be de--tained without obtaining, in accordance with the provisions of sub-clause (a), of clause (4) of article 22 of the constitution, the opinion of an advieory board for a period longer than three months but not exceeding six months from the date of his detention, where the order of detention has been made agaiiult such person with a view to preventing him from smuggling goods or abetting the smu'ggling of goods or engaging in transporting or concealing or keeping smuggled goods and the central govern-ment or any officer ot 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 ot or through any area highly vulnerable to smuggling; or (b) abets or is likely to abet 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 detention of such person e~lanation i-in this sub-section, "area high vulnerable to bmugp 1ng" mems-: ~ : _j (i) the indian customs waters contiguous to the states of goa, gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of 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 goa, gujarat, karnataka, kerala, maharashtra and tamil nadu and the union territories of daman and diu and pondicherryi (iii) the inland area fifty kilometres in width from the india·  pakistan border in the states of gujarat jammu and kashmir, punjab and rajasthan; ! (i">, the customa airport of delhi; anel - l_ j,,/o <v) such further or other indian customs waters, or inland area not exceeding one hundred kilometres in width from any other coast or border of india, or such other customs station, as the central government may, having regard to the vulnerability of such waters, area or customs station, as the case may be, to smuggling, by notification in the official gazette, specify in this behalf explanation 2-for the purposes of expla'7l4tion 1 "customs airport" and "customs station" shall have the same meaning as in clauses (10) and (13) of section 2 of the customs act, 1962 respectively - -    -' a bill further to amend the conservation of foreign exchange and prevention of smuggling activities act 1974 (prof madhu dandavate, minister of finance) 