 biu no 86 ofltm the conservation of foreign exchange and prevention of smuggling activities (amendment) bill, 19m a billfurther to amend the co~servation of foreign exchcmge and prevention of smuggling activities act, 1974-be it enacted by parliament in the thirty-fifth year of the repubuc of dldia as follows:-1 (1) this act may be called the conservation of foreigp exchange and prevention of smuggling activities (amendment) act 19m shorttlue and cmamence-s : (~) it shall be deemed to have come into force on the 13th day of 1'fte1lt july, 1984 z in the conservation of foreign exchange and prevention ot smuggling activities ~ct, 1974 (hereinafter referred to as the principal act) i for section 9, the following section shall be substituted, namely:-substl· tutlon ot new liection for iii!c tiod t,  ie 52 of 1114 '9 (1) notw~ , coidmd in tab act, 1liiy piei'sod (iacidditig - 1oreigaer) i re  of ,  order of  is iiiitde ubder this ac1  y dille wore die 31st , of july, 1987, , he  iaed widioll obwnitig ill ~onfiace whii tile pio cues ift wbleb aq4 cll'culllo sucii ua4er of -e  (q) of dause (4) of artkle l2 of the coasdadiod,  opiiiioa of ad advisory board for 8 period longer ttum three moat bat dot exc:eediug six months from the ewe of his deteadoa, where  order oil detention has been made against 'suda per!lod with a "iew to pml!llddg him: t\'om ~ graoch or abeuingj the smualiue 5 of goods 01' enpging in transporting 01" canceaung or keepi~ si1i1ii-&led  -the central gcmnmeut 01" any oftioer of the' central ~i dot below the rank of an adttidonal secrefia'y to tj8t goeuwleut,· specially elll}jowered for the purposa of this sedion by that goteroment, is satisfied that suck" person-10 (a)  ~ or is likely to smuggle good9 ibto, oat 01 -: tbrouah any area highly vu1oerahie to smuglimg; or which pel'lohs may be detataed for periods 10dpr than tbne idoiltu without obtaidldl opbuou of acm-aoq doard (b) abets or is likely to abel the smuggling of goo info, out of or through any area "highly vulnerable to sljlllllling; or (e)  eagages or is likely to enpge in tnmsportin« or coii- t 5 ceaiidg or keeping smoggled goods in any area bigbiy vulderawe to ~i~ iiddmakes a declaration to that effect within five weeks of the ," of sudt person ezplgnation i-in this sub-section, "area highly vulnerable to 20 sm1,1ggling" means-"(t) the indian customs waters contiguous to the states of gqjarat, karn'ataka, kerala, maharashtra and tamil nadu and the union territories of goa, daman and diu and pondicherry; (ii) the inland area fifty kilometres in width from the coast lis of india falling within the territories of the states of gujarat, karnataka, kerala, maharashtra and tamil n adu and the union territories of goa, daman and diu and pondicherry; (iii) the inland area fifty kilometres in width from the india-pakistan border in the states of gujarat, jammu and kashmir, 30 punjab and ,rajasthan; (iv) the cu'stoms airport of delhi; and" (v) such further or other indian customs waters, or inumd area not exceeding one hundred kilometres in width from any other cout ot' border of lndta, or such other customs station, 35 as the ~ntral 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, speetfy in this behalf 52 or 1982  ' i e~zanation 2-for the purposes of explanation 1, "customs 40  ai«'pqft"  and "customs station" spall have th, same meaning as in c1e11ies (10) and (13) or section 2 of the customs act, 1962, respectively  (2) in the case of -any person detained under a detention order to which the provisions of sub-section (1) apply, section 8 shall have 45 effect subject to the following modifications, namely:-(i) p1 clause (b), for the words "shall, within five weeks",  t@ wor~ "$hall, within four months and two weeks" shan be ",: tsubstituted' •• \ 4 ' new dbihi; page 2, line 6,-july 31, 1984 bra vana 9, 1906 (salta) 10k sabha corrigmm to a!i'll: ''obta1n1ng'' insert "the" i-to be/as in traduced in ipk slttla 7 ~ "oancealing" ~ "conce&ling" me (x)nslltvatiq!i of foreirn exchange and prevention of smuggling actiljitiee (am1§hment) bill, 1984 1 page 2, in the ijllrginal heading to propo sed section 9,-(to in clause (c) ,-(1) for the words lithe detention of the person conc:era ed", the words "the continued detention of the person concerned" shall be substituted; 5 (2) for the words "eleven week's", the words "five months and three weeks" shall be ~ubstituted; (iii) in clause (f>, for the words "for the detention", at both the places where they occur, the wontl "for' the  continued detention" shall be substituted' - 10 3 (1) the' conservation of foreign exchange and prevention of b of 1984 smuggling activities (amendment) ordinance, 1984, is hereby repealed repeal and -vide-(2) notwithstanchng suth repeal, anything done or any action taken under ,the principal act, as amended by the said ordinance, aha11 be deemed to have been done or taken under the principal act, as amended, is by this act  statement of objects and reasons- the provisions of the conservation of foreign exchange and pre· vention of, smuggling activities act, 1974, have kad a deterrent effect and had been useful in combating smuggling activities however, in view of the rec~t trends in smuggling activities, as indicated by the intelligence received, seizures made, etc, specially in the highly vulnerable areas of the west coast, southeastern coast, india-pakistan border 'and delhi airport, it became urgently necessary to secure the availability of the special provisions of section 9 of the act relating to smuggling operations in areas highly vulnerable to smuggling section 9 of the act was available only in respect of detention orders made at any time before'the 31st day of december, i977 it was also felt necessary to re-defme uareas highly vulnerable to smuggling" so as to cover the aforesaid areas hence, the president promulgated on ,tlie 13th july, 1984, the conservation of foreign exchange and prevention of smuggling activities (amendment) ordinance, 1984 2 the bill seelws to replace the above-mentioned ordinance and to provide that the amended provisions of section 9 will be applicable only to orders of detention made at any time before the 31st july, 1987  new di:lm;' pranab mukherjee the 25th july, 1984clause 2 of the bill seeks to substitute the existing section 9 by a new ~ection the enforcement of the provisions of the new section wu1 requite deployment of additional manpower involving a recurring expenditure of the order of about· rs 763 lakhs per annum and a non~ recurring expenditure of about rs 1 lakh the provisions of the bill would not l'equire·any other recurring or non-recurring expenditure  erpl4nation 1 to sub-section (1) of new section 9 of the conserva-'$ion of ji'"oreign exchange and prevention of smuggling activities act, 1974, proposed by clause 2 of the bill seeks to specify, certain indian customs waters, inland areas and the customs airport of delhi as areas highly vulnerable to smuggling with a view to covering areas which may become highly vulnerable to smuggling in future, this e:rplanaticn also seeks· to empower the central government to specify, by -notification in the official gazette, such further or other indian customs waters, or inland areas, not exceeding one hundred kilometres in width from any other coast or border of india or such other customs station, as that government may i having regard to the vulnerability of that area to smuggling, determine to be an area highly vulnerable to smuggling as it is not possible to visualise now itseu the areas wl1ich may become highly vulnerable to smuggling in future and as the guidelines subject to which the power to notify areas under this explanlltion may be exercised have been spelt out in the explanation itself, tbe delegation of power is of a normal character memorandum expzaining the modifications contained tn the bill to replace the conservation of foreign e:rehange and prtvention of smuggling activities (amendment) ordinance, 1984 in addition to replacing the provisions of the conservation of foreign exchange and prevention of smuggling activities (amendment) ordinar  ce, 1984, the bill seeks to provi4e that the new section 9 will apply only to orders of detention made udder the act at any time before the 31st july, 1987  extract from the conservation of folu:ign exchange and plulvermon of smuggliing activities act, 1974(52 of 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 december, 1977 may be detained without obtaining in accordance with the provisions of subclause (4) of clause (4) of article 22 of the constitution, the opinion of an advisory board for a period longe,r than three months but not exceeding one 'year 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 !'tbat such per$on-cues in wbich and udder which persons mi7 be detained '!tor ionaer than three months without obtaldini optnion of advl· i«y boird (i) smuggles or is likely to smuggle goods into, out of or through any area highly vulnerable to smuggling; or (ii) abets or is ll"kely to abet the smuggling of goods into, out of or through any area highly vulnerable to smuggling; or" (iii) engages or is likely to engage in transporting or concealing ot keeping smuggled goods in any area highly vulnerable to smuggling, and makes a declaration to that effect within fi\'e weeks of the detention of such person  e%plamtiion-in this sub-section, "area highly wluerab1e to smuggling" means--(i) the indian customs waters;  (u) the inland area fifty kilometres in width from the coast of india falling within the territories of the states of gujarat, kamataka; kerala, maharashtra, tamil nadu and the union territories of goa, daman and diu and pondicherryi and (iii) such further or other inland area not exceeding one hundred kilometres in width from any coast or other border of india, as the ~tral government may, having regard to the vulnerability of that area :to smuggling, by notification in the ofttcial gazette, jp8cify in this behalf ' r:· (2) in the case of any person detained under a detenaon order to which the provisions of sub-section (1) apply, section s shall have eft'ect subj'e:-t to the following modifications, namely:-(i) in clause (b), for the w'ords "sball, within five weeks", the words "may, at any ·time prior to but in no c:'se hter than three months before the expiration of one year" shall be substituted; (ii) in clause (c), for the words "ft'o:n the date of detention of  the person concerne1", the words "fron the dat" on which the reference is made to !t" shall be substituted (3) the case of every person detained undel' a detention order to which the provisions of sub-section (1) apply shall, within a period of six months from the date of detention, be reviewed [unless in the meantime a reference has been made in resp"'ct thereof to an advisory board constituted under clause «(i) of section 8 read with sub-section (2) or 'such order has been revoked] by the appropriate government in consultation with a person wi10 is, or hmi been, 0;' is qualified to be appointed ~s a judge of a lijgl: court nomina ~d in that behalf by that government: ~provided that where the appropriate government 'is a state government, ~hat government shall also consult the central government in the matter a bn,l further to amend the coniervation of foreign exchange and prev~uor of smuggling activities act, 19'74 ' (shri pr,mab kumar mukhl'f';ee, mini!uer of fi,tance) 