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Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974


12A. [(Note:- Ins. by Act No.35 of 1975, s.4 (w.e.f. 1-7-1975) Special Provisions for dealing with emergency—

(1) notwithstanding anything contained in this Act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause (1) of article 352 of the constitution on the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, or a period of [(Note:- Subs. for "twelve months" by Act No.90 of 1976, s.2 (w.e.f. 16-6-1976) twenty four months] from the 25th day of June , 1975, whichever period is the shortest.

(2) When making an order of detention under this Act, against any person after the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1975, the Central Government or the State Government or, as the case may be, the officer making the order of detention shall consider whether the detention of such person under this Act is necessary for dealing effectively with the emergency in respect of which the Proclamations referred to in sub- section (1) have been issued (hereafter in this section referred to as the emergency) and if, on such consideration, the Central Government or that State Government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that government or officer may make a declaration to that effect and communicate a copy of the declaration to the person concerned;

Provided that where such declaration is made by an officer, it shall be reviewed by the appropriate Government within fifteen days from the date of making of the declaration and such declaration shall cease to have effect unless it is confirmed by that Government, after such review, within the said period of fifteen days.

(3) The question whether the detention of any person in respect of whom a declaration has been made under sub- section (2) continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate Government within four months from the date of such declaration and thereafter at intervals not exceeding four months, and if, on such reconsideration, it appears to the appropriate government that the detention of the person is no longer necessary for effectively dealing with the emergency, the Government may revoke the declaration.

(4) In making any consideration, review or reconsideration under sub-section (2) or (3), the appropriate Government or officer may, if such Government or officer considers it to be against the public interest to do otherwise, act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person concerned.

(5) It shall not be necessary to disclose to any person detained under a detention order to which the provisions of sub – section (2) apply, the grounds on which the order has been made during the period the declaration made in respect of such person under that sub section is in force, and, accordingly, such period shall not be taken into account for the purposes of sub- section (3) of section 3.

(6) In the case of every person detained under a detention order to which the provisions of sub- section (2) apply, being a person in respect of whom a declaration has been made there under, the period during which such declaration is in force shall not be taken into account for the purpose of computing.—

i.  The periods specified in clause (b) and (c) of section 8;

ii. The periods of ‘one year’ and ‘ five weeks ‘ specified in sub section (1)the period of one year’ specified in sub section (2) (i0 and the period of "six months" specified in sub section (3) , of section 9.]



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