act 052 of 1974 : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

Department
  • Department of Revenue
Ministry
  • Ministry of Finance
Enforcement Date

1974-12-19T00:00:00.000Z

Section 1. Short title, extent and commencement.

(1) This Act may be called the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

(2) It extends to the whole of India.
(3) It shall come into force on such date1 (being a date not later than the twentieth day of December, 1974), as the Central Government may, by notification in the Official Gazette, appoint.


1. 19th December, 1974, vide notification No. G.S.R. 690(E), dated 16th December, 1974, see Gazette of India, Extraordinary, Part II, sec. 3 (i).

Year Description Hindi Description Files(Eng) Files(Hindi)
29-04-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Ding Shengfa
Section 2. Definitions.

In this Act, unless the context otherwise requires,--

(a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer of a State Government or a person detained under such order, the State Government;
(b) "detention order" means an order made under section 3;
(c) "foreigner" has the same meaning as in the Foreigners Act, 1946 (31 of 1946);
(d) "Indian customs waters" has the same meaning as in clause (28) of section 2 of the Customs Act, 1962;
(e) "smuggling" has the same meaning as in clause (39) of section 2 of the Customs Act, 1962 (52 of 1962), and all its grammatical variations and cognate expressions shall be construed accordingly;
(f) "State Government", in relation to a Union territory, means the administrator thereof;
(g) any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.


Year Description Hindi Description Files(Eng) Files(Hindi)
11-03-1985 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1985-86
18-12-1985 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for period from October 1985-86
24-08-1987 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1987-88
26-07-1989 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1989-90
24-07-1992 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1991-92
12-07-1995 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Dev Raj
05-10-1995 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1994-95
20-02-1996 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ratan Bagaria
14-12-1998 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1998-99
03-05-2000 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Natubhai Panachand Panchal
09-04-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harbans Singh
09-04-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Murarilal Gupta
08-11-2001 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for period from Nov. 2001 to 02
28-12-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ashok Goyal/Goel
19-08-2002 Empowerment of Shri S. P. Jha as Joint secretary u/s 3 (1) of COFEPOSA Act.
22-01-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Krishan Kumar Gupta
11-02-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Tarun Khurana
11-02-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ateeq Rahman
07-06-2005 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Anwar Hanif Khan
21-09-2005 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2005-06
28-08-2007 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Thlabik
12-03-2009 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2009-10
10-05-2010 Empowerment of M. Bhatnagar as Joint secretary u/s 3 (1) of COFEPOSA Act.
19-05-2010 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for a period between 25th May 2010 and 26th June 2010
11-10-2010 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohibur Rahaman
04-11-2010 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Varun Gupta @ Varun
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Panna Lal
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ramzan Ali
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Motahar Sheikh
09-12-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohan Lal Arora
13-03-2012 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2012-13
27-03-2012 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Jorabhai Valabhai Rabari @ Desai
13-02-2013 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Swadhin Sarkar
18-07-2013 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kishor Sindhi @ Kishor Kumar @ Kishor
21-03-2014 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2014-15
08-04-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Krishan Kumar Arora @ K. K. Arora
30-05-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Manish Jalhotra
25-07-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Riyaz Mohamed Niyaz
25-07-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Zuhar Shike Sulaiman
11-09-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mayur Ranjan, @Mayur Ranjan Kumar @ Vijay @ Sumit
31-10-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rajesh Kumar Singh
31-10-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shatrughan Kumar Sharma
13-01-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ahmed Hamid Sayyed @ Ahmed H. Sayyed @ Ahmed Mia @ Miabhai
13-01-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ahmed Hamid Sayyed @ Ahmed H. Sayyed @ Ahmed Mia @ Miabhai,
19-03-2015 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2015-16
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abdul Azeem Salamti
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Imtiyaz Hussain
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shaikh Mohamad Javid
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Syed Anees Karikal
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harpal Singh
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Gireesh Adavalath Meethal
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Prakash Mallappa Manotgi
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Saleem Musba
06-07-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Pawan Gupta
06-08-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kutty Aboobaker Imthiyaz
06-08-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kunhayankutty@Kutty
20-01-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sudesh Kumar Sonthalia
02-03-2016 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2016-17
27-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rahul Goyal
27-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhimendra Kumar Goyal
28-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhimendra Kumar Goyal
05-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Syed Zainul Hasan
12-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Arif Mohammad Shaikh
20-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Faisal Puthethumoolayil
08-03-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Vinod Kumar Pathror
03-04-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sat Prakash Soni @ Sonu
16-07-2018 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for a period between July 2018 to March 2019
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Karnaram Lumbaji Choudhary
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shebaj Sayed Mustaq
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shebaj Sayed Mushtaq,
16-08-2018 Delegation of Powers in COFEPOSA Act
23-08-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Jabbar
13-09-2018 Empowerment of Shri Ravi Pratap Singh as Joint secretary u/s 3 (1) of COFEPOSA Act.
Section 3. Power to make orders detaining certain persons.

(1) The Central Government or the State Government or any officer of the Central Government, not below the rank of a Joint Secretary to that Government, specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner), that, with a view to preventing him from acting in any manner prejudicial to the conservation or augmentation of foreign exchange or with a view to preventing him from--

(i) smuggling goods, or
(ii) abetting the smuggling of goods, or
(iii) engaging in transporting or concealing or keeping smuggled goods, or
(iv) dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods, or
(v) harbouring persons engaged in smuggling goods or in abetting the smuggling of goods,
it is necessary so to do, make an order directing that such person be detained.
1[Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J & K Ordinance 1 of 1988).]
(2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order.
(3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention.


1. The proviso ins. by Act 46 of 1988, s. 15 (w.e.f. 4-7-1988).

Year Description Hindi Description Files(Eng) Files(Hindi)
17-05-1999 Empowerment of Shri B.N. Das as Joint secretary u/s 3 (1) of COFEPOSA Act.
30-07-2001 Empowerment of Smt. Nisha Malhotra as Joint secretary u/s 3 (1) of COFEPOSA Act.
19-08-2002 Empowerment of Shri S. P. Jha as Joint secretary u/s 3 (1) of COFEPOSA Act.
29-08-2002 Empowerment of Shri P.C Jha as Joint secretary u/s 3 (1) of COFEPOSA Act.
13-01-2005 Empowerment of Shri Kishan Singh as Joint secretary u/s 3 (1) of COFEPOSA Act.
12-05-2005 Empowerment of Ms. Kameswari Subramanian as Joint secretary u/s 3 (1) of COFEPOSA Act.
12-05-2005 Empowerment of Smt. Kameswari Subramanian as Joint secretary u/s 3 (1) of COFEPOSA Act.
12-11-2007 Empowerment of Smt. Rasheda Hussain as Joint secretary u/s 3 (1) of COFEPOSA Act.
10-05-2010 Empowerment of M. Bhatnagar as Joint secretary u/s 3 (1) of COFEPOSA Act.
17-06-2011 Empowerment of Ms. Rasheda Hussain as Joint secretary u/s 3 (1) of COFEPOSA Act.
24-02-2012 Empowerment of Ms. Harmeet S. Singh as Joint secretary u/s 3 (1) of COFEPOSA Act.
25-05-2015 Empowerment of Shri PMs. Archana Pandey Tiwari, as Joint secretary u/s 3 (1) of COFEPOSA Act.
31-07-2015 Empowerment of Shri P.V. Subba Rao as Joint secretary u/s 3 (1) of COFEPOSA Act.
16-08-2018 Delegation of Powers in COFEPOSA Act
13-09-2018 Empowerment of Shri Ravi Pratap Singh as Joint secretary u/s 3 (1) of COFEPOSA Act.
15-10-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Vaneesh Sachdeva
29-07-2022 Empowerment of Shri Gaurav Masaldan, Joint Secretary (Customs) as Joint secretary u/s 3 (1) of COFEPOSA Act.
Section 4. Execution of detention orders.

A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).



Section 5. Power to regulate place and conditions of detention.

Every person in respect of whom a detention order has been made shall be liable--

(a) to be detained in such place and under such conditions including conditions as to maintenance, interviews or communication with others, discipline and punishment for breaches of discipline, as the appropriate Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, whether within the same State or in another State by order of the appropriate Government:
Provided that no order shall be made by a State Government under clause (b) for the removal of a person from one State to another State except with the consent of the Government of that other State.


Section 5A. Grounds of detention severable.

1[5A. Grounds of detention severable.--Where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly--

(a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are--
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with such person, or
(v) invalid for any other reason whatsoever,
and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention;
(b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.]


1. Ins. by Act 35 of 1975, s. 2 (w.e.f. 1-7-1975).

Section 6. Detention orders not to be invalid or inoperative on certain grounds.

No detention order shall be invalid or inoperative merely by reason--

(a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of the Government or the officer making the order of detention, or
(b) that the place of detention of such person is outside the said limits.


Section 7. Powers in relation to absconding persons.

(1) If the appropriate Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may--

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;
(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognisable.


Year Description Hindi Description Files(Eng) Files(Hindi)
12-07-1995 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Dev Raj
20-02-1996 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ratan Bagaria
03-05-2000 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Natubhai Panachand Panchal
09-04-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harbans Singh
09-04-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Murarilal Gupta
28-12-2001 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ashok Goyal/Goel
22-01-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Krishan Kumar Gupta
11-02-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Tarun Khurana
11-02-2003 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ateeq Rahman
07-06-2005 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Anwar Hanif Khan
28-08-2007 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Thlabik
11-10-2010 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohibur Rahaman
02-11-2010 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ram Kishan Dass @ Ram Kishan
04-11-2010 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Varun Gupta @ Varun
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Panna Lal
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ramzan Ali
19-05-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shri Motahar Sheikh
27-06-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abdul Kalam
09-12-2011 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohan Lal Arora
27-03-2012 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Jorabhai Valabhai Rabari @ Desai
30-03-2012 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bablu Mondal
04-10-2012 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kawal Deep Singh Sardar, @ Kanwal Deep Singh @ Chhotu Singh @ Chhottu Bhaiya
13-02-2013 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Swadhin Sarkar
18-07-2013 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kishor Sindhi @ Kishor Kumar @ Kishor
08-04-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Krishan Kumar Arora @ K. K. Arora
30-05-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Manish Jalhotra
25-07-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Riyaz Mohamed Niyaz
25-07-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Zuhar Shike Sulaiman
25-07-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Zuhar Shike Sulaiman
11-09-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mayur Ranjan, @Mayur Ranjan Kumar @ Vijay @ Sumit
31-10-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rajesh Kumar Singh
31-10-2014 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shatrughan Kumar Sharma
13-01-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ahmed Hamid Sayyed @ Ahmed H. Sayyed @ Ahmed Mia @ Miabhai
13-01-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ahmed Hamid Sayyed @ Ahmed H. Sayyed @ Ahmed Mia @ Miabhai,
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abdul Azeem Salamti
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Imtiyaz Hussain
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shaikh Mohamad Javid
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Syed Anees Karikal
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harpal Singh
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Gireesh Adavalath Meethal
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Prakash Mallappa Manotgi
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Syed Ali Furkhan
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harpal Singh
29-06-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohamed Saleem Musba
06-07-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Pawan Gupta
06-08-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kutty Aboobaker Imthiyaz
06-08-2015 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Kunhayankutty@Kutty
20-01-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sudesh Kumar Sonthalia
27-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rahul Goyal
27-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhimendra Kumar Goyal
28-04-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhimendra Kumar Goyal
05-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Syed Zainul Hasan
12-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Arif Mohammad Shaikh
20-05-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Faisal Puthethumoolayil
27-07-2016 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Laiq Ahmed Ansari
08-03-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Vinod Kumar Pathror
03-04-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sat Prakash Soni @ Sonu
12-04-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Azaruddin Rajuddin Shaikh
03-05-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohammad Asif
26-06-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Yashwant Kumar
26-06-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Pankaj Kumar Sharma
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Karnaram Lumbaji Choudhary
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shebaj Sayed Mustaq
18-07-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shebaj Sayed Mushtaq,
23-08-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Jabbar
26-10-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Cai Haibin
26-10-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Han Hanguang
20-12-2018 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohammed Firoz Thalangara
28-03-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Anowar Hossen @ Anawar Hussain
28-03-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Md. Saleh Ahmed @ Saleh Ahmed
28-03-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sanowar Ali @ Sanuwar Ali
12-04-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Fasihi Marjan
12-04-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Ms. Hosseini Maryam
12-04-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Ms. Mahdipourgaldiani Zahra
12-04-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Soori Hossein
21-05-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abhishek Gupta
21-05-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Shameer Ali
21-05-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sufiyan Thekke Kannipoyil
21-05-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ram Niwas Mohar
28-06-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Muhammed Asif Karothukudy Abbas
28-06-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Muhammed Fasil Vellmveelil Aboobacker
14-08-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sajad Sahir
28-08-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Areekkachalil Roshid
15-10-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Vaneesh Sachdeva
22-10-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Ranjay Kumar
01-11-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Fahim Ibrahim Waghoo
14-11-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Ms. Neha Sharma
14-11-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Tarun Jain
21-11-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abdussameem
21-11-2019 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Faisal Kudilattummal
09-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohammed Basheer
09-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Junaid K. V.
09-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Hashik Abdulla Kutty
09-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rahul
24-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abdul Hakkeem PP @ Abdul Hakkim PP
24-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Sunil Kumar Mohanakumaran Thampi
24-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Vishnu Somasundaram
28-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mukeshkumar Bhaishankarbhai Trivedi
29-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Beerendra Singh Yadav
29-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhargav Kanubhai Tanti
29-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Dharmagna Arvindkumar Trivedi
29-01-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Smt. Hinaben Rutugna Trivedi
17-03-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Amit Pal Singh
17-03-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Mohammed Nashruddin
08-06-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Gopal Gupta
08-06-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Suresh Gulabchand Jaiswal
08-06-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Abhishek Bhavanbhai Ranpariya
08-06-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Bhadresh Devchand Ranparia
07-08-2020 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Harmeet Singh
12-05-2021 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Amanpuneet Singh Kohli
12-05-2021 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Gurmeet Singh Kohli
21-05-2021 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Manish Kumar Jain
25-06-2021 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Rakesh Kumar
30-07-2021 Notification issued u/s 7(1) (b) of COFEPOSA Act against Shri Tejas Arvind Desai
11-02-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Abdul Raoof
29-04-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Ding Shengfa
29-04-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Dongyoung Oh
29-04-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Jongeun Jeong
29-04-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Liang Zhaobin alias Dawang Tsring
24-05-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Atul Gupta alias Pintu
21-07-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Abdussalam T.T.
21-07-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Fasalu Rahman T.T
12-08-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Li Wen Tsung
12-08-2022 Notification issued u/s 7(1) (b) of COFEPOSA Act against Mr. Yong Choi
Section 8. Advisory Boards.

For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7), of article 22 of the Constitution,--

(a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in sub-clause (a) of clause (4) of article 22 of the Constitution;
(b) save as otherwise provided in section 9, the appropriate Government shall, within five weeks from the date of detention of a person under a detention order make a reference in respect thereof to the Advisory Board constituted under clause (a) to enable the Advisory Board to make the report under sub-clause (a) of clause (4) of article 22 of the Constitution;
(c) the Advisory Board to which a reference is made under clause (b) shall after considering the reference and the materials placed before it and after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard in person, after hearing him in person, prepare its report specifying in a separate paragraph thereof its opinion as to whether or not there is sufficient cause for the detention of the person concerned and submit the same within eleven weeks from the date of detention of the person concerned;
(d) when there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board;
(e) a person against whom an order of detention has been made under this Act shall not be entitled to appear by any legal practitioner in any matter connected with the reference to the Advisory Board, and the proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential;
(f) in every case where the Advisory Board has reported that there is in its opinion sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit and in every case where the Advisory Board has reported that there is in its opinion no sufficient cause for the detention of the person concerned, the appropriate Government shall revoke the detention order and cause the person to be released forthwith.


Year Description Hindi Description Files(Eng) Files(Hindi)
11-03-1985 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1985-86
18-12-1985 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for period from October 1985-86
24-08-1987 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1987-88
26-07-1989 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1989-90
28-02-1991 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1991-92
05-10-1995 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1994-95
14-12-1998 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 1998-99
08-11-2001 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for period from Nov. 2001 to 02
15-12-2004 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for the year 2004-05
02-12-2005 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2005-06
23-03-2007 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2007-08
07-03-2008 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2008-09
12-03-2009 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2009-10
17-05-2010 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for the period May, 2010 to June 2010
19-05-2010 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for a period between 25th May 2010 and 26th June 2010
01-03-2011 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2011-12
12-03-2012 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2013-14
13-03-2012 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2012-13
05-07-2013 Corrigendum in the Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for the year 2013-14
21-03-2014 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2014-15
19-03-2015 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2015-16
02-03-2016 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2016-17
10-03-2017 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2017-18
16-07-2018 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for a period between July 2018 to March 2019
16-07-2018 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for the period July, 2018 to March, 2019
17-03-2020 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2020-21
09-03-2021 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2021-22
23-02-2023 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for year 2023-24
27-02-2023 Reconstitution of Central Advisory Board u/s 8(a) of COFEPOSA Act for hearing the case of Shri Vijay Goel, COFEPOSA detenue
Section 9. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.

1[9. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board.--(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 2[31st day of July, 1999], 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 months 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
(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.
Explanation1.--In this sub-section, "area highly vulnerable to smuggling" means--
(i) The Indian customs waters contiguous to 3[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 3[the States of Goa, Gujarat, Karnataka, Kerala, Maharashtra and Tamil Nadu and the Union territories of 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, Punjab and Rajasthan;
(iv) the customs airport of Delhi; and
(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 Explanation 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 (52 of 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 effect subject to the following modifications, namely:--
(i) in clause (b), for the words "shall, within five weeks", the words "shall, within four months and two weeks" shall be substituted;
(ii) in clause (c),--
(1) for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted;
(2) for the words "eleven weeks", the words "five months and three weeks" shall be substituted; (iii) in clause (f), for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted.]


1. Subs. by Act 58 of 1984, s. 2, for section 9 (w.e.f. 13-7-1984).
2. Subs. by Act 15 of 1996, s. 2, for "31st day of July, 1996" (w.e.f. 31-7-1996).
3. Subs. by Act 23 of 1987, s. 2, for certain words (w.e.f. 2-7-1987).

Section 10. Maximum period of detention.

The maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 do not apply and which has been confirmed under clause (f) of section 8 shall be 1[a period of one year from the date of detention or the specified period, whichever period expires later] and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of section 9 apply and which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 shall be 2[a period of two years from the date of detention or the specified period, whichever period expires later]:

Provided that nothing contained in this section shall affect the power of the appropriate Government in either case to revoke or modify the detention order at any earlier time.
3[Explanation.--In this section and in section 10A, "specified period" means the period during which the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution on the 3rd day of December, 1971 and the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, are both in operation.]


1. Subs. by Act 20 of 1976, s. 3, for "one year from the date of detention" (w.e.f. 12-12-1975).
2. Subs. by s. 3, ibid., for "two years from the date of detention" (w.e.f. 12-12-1975).
3. Ins. by Act 20 of 1976, s. 3 (w.e.f. 12-12-1975).

Section 10A. Extension of period of detention.

1[10A. Extension of period of detention.--(1) Notwithstanding anything contained in any other provision of this Act, the detention of every person detained under a detention order which has been confirmed under clause (f) of section 8 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976, and which is in force immediately before such commencement shall, unless his detention has been continued by the appropriate Government under the said clause for a period shorter than one year from the date of his detention, continue until the expiry of a period of one year from the date of his detention under such order or until the expiry of the specified period, whichever period expires later:

Provided that nothing contained in this sub-section shall affect the power of the appropriate Government to revoke or modify such detention order at any earlier time.
(2) Notwithstanding anything contained in any other provision of this Act, the detention of every person detained under a detention order which has been confirmed under clause (f) of section 8 read with sub-section (2) of section 9 before the commencement of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act, 1976, and which is in force immediately before such commencement, shall, unless his detention has been continued by the appropriate Government under the said clause (f) read with the said sub-section (2), for a period shorter than two years from the date of his detention, continue until the expiry of a period of two years from the date of his detention under such order or until the expiry of the specified period, whichever period expires later:
Provided that nothing contained in this sub-section shall affect the power of the appropriate Government to revoke or modify such detention order at any earlier time.]


1. Ins. by s. 3, ibid. (w.e.f. 12-12-1975).

Section 11. Revocation of detention orders.

(1) Without prejudice to the provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified--

(a) notwithstanding that the order has been made by an officer of a State Government, by that State Government or by the Central Government;
(b) notwithstanding that the order has been made by an officer of the Central Government or by a State Government, by the Central Government.
(2) The revocation of a detention order shall not bar the making of another detention order under section 3 against the same person.


Section 12. Temporary release of persons detained.

1[(1) The Central Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

(1A) A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or by an officer subordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.]
(2) In directing the release of any person 2[under sub-section (1) or sub-section (1A), the Government directing the release] may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction.
(3) Any person released under 3[sub-section (1) or sub-section (1A)] shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(5) If any person released under 3[sub-section (1) or sub-section (1A)] fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
4[(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.]


1. Subs. by s. 4, ibid.,for sub-section (1) (w.e.f. 12-12-1975).
2. Subs. by Act 20 of 1976, s. 4, for "under sub-section (1), the appropriate Government" (w.e.f. 12-12-1975).
3. Subs. by s. 4, ibid., for "sub-section (1)" (w.e.f. 12-12-1975).
4. Ins. by Act 35 of 1975, s. 3 (w.e.f. 1-7-1975).

Section 12A. Special provisions for dealing with emergency.

1[12A. 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 2[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 (35 of 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 the 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 thereunder, 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 clauses (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)(i), and the period of "six months" specified in sub-section (3) of section 9.]


1. Ins. by s. 4, ibid. (w.e.f. 1-7-1975).
2. Subs. by Act 90 of 1976, s. 2, for "twelve months" (w.e.f. 16-6-1976).

Section 13. Protection of action taken in good faith.

No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit, prosecution or other legal proceedings shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.



Section 14. Repeal.

The Maintenance of Internal Security (Amendment) Ordinance, 1974 (11 of 1974), shall, on the commencement of this Act, stand repealed and accordingly the amendments made in the Maintenance of Internal Security Act, 1971 (20 of 1971), by the said Ordinance shall, on such commencement, cease to have effect.