The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act

10Maximum 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.]

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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).

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