THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION
OF SMUGGLING ACTIVITIES (AMENDMENT) ACT, 1993 [Act No. 52 of 1993] [27th August, 1993] An ACT further to amend the Conservation of Foreign
Exchange and Prevention of Smuggling Activities Act, 1974. Be
it enacted by Parliament in the forty-forth Year of the Republic of India as
follows:- (1) This Act may be called the Conservation of Foreign
Exchange and Prevention of Smuggling Activities (Amendment) Act, 1993. In
the Conservation of Foreign Exchange and Prevention of Smuggling Activities
Act, 1974 (hereinafter referred to as the principal Act), in section 9, in
sub-section (1), for the figures, letters and words "31st day of July,
1993", the figures, letters, words "31st day of July, 1996"
shall be substituted. (1) The Conservation of Foreign Exchange and Prevention
of Smuggling Activities (Amendment) Ordinance, 1993 (Ord. 26 of 1993), is
hereby repealed. (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. Statement of Objects and Reasons -
CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES
(AMENDMENT) ACT, 1993 STATEMENT OF OBJECTS AND REASONS (1) The Conservation of Foreign Exchange and Prevention
of Smuggling Activities Act, 1974 provides for preventive detention of persons
in certain eases for the purposes of conservation and augmentation of foreign
exchange and for prevention of smuggling activities. (2) Sub-section (1) of section 9 of the Act provides
that any person who smuggles or is likely to smuggle goods or abets or is
likely to abet the smuggling of goods or engages or is likely to enage in
transporting or concealing or keeping smuggled goods in any area highly
vulnerable to smuggling and in respect of whom an order of detention is made at
any time before the 31st day of July, 1993, may be detained without obtaining
the opinion of an Advisory Board for a period longer than three months but not
exceeding six months from the date of his detention. The maximum period of
detention specified in section 10 of the Act in such cases is two years.
However, the menace of smuggling has no', abated in any way despite the import
of 5 Kgs. of gold and 100 Kgs. of silver per passenger allowed by Government on
payment of nominal customs 'duty in convertible foreign exchange. Moreover, the
recent smuggling of deadly RDX explosives emphasises the need to continue the
longer period of detention of two years as against the normal period of
detention up to one year, in the case of arms, ammunition, explosives and
terrorist-related cases as also in the case of kingpins, organised smugglers
and financiers operating behind the scene threatening the security of the
country. Since the maximum damage to the society is caused by the smugglers
operating in the highly vulnerable areas, the longer period of detention of up
to two years under section 9 and 10 of the Act, of the smugglers, their
associates and the links, is a necessary deterrent. It was, therefore,
considered necessary to continue the provisions of section 9 in respect of
detention orders which may be made even after 31st July, 1993, (3) Accordingly the Conservation of Foreign Exchange
and Prevention of Smuggling Activities (Amendment) Ordinance. 1993 (Ord. 26 of
1993) was promulgated by the President on the 25th June, 1993 to continue the
provisions of section 9(1) of the Act for a period of three years beyond 31st
July. 1993. (4) The Bill seeks to replace the aforesaid Ordinance.
CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING
ACTIVITIES (AMENDMENT) ACT, 1993
Preamble - CONSERVATION OF FOREIGN
EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (AMENDMENT) ACT, 1993PREAMBLE