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Section 2 – The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974

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

 

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 (52 of 1962) ;

 

(e) “smuggling” has the same meaning as in clause (39) of section 2 of the Customs Act, 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.

 

COMMENTS

 

“Indian Customs Waters” means the waters extending into the sea upto the limit of continuous zone of India under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone an Other Maritime Zones Act, 1976 (80 of 1976) and includes any bay, gulf, harbour, creek or tidal river.

 

“Smuggling” in relation to any goods, means any act or omission which will render such goods liable to confiscation under section 111 or section 113.

 

 

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

 

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