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COAST GUARD ACT

Ministry of Law and Justice

Act nº 30 of 1978


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Chapter IX
  • Chapter X
  • Chapter XI
  • Chapter XII
  • Chapter XIII
  • Amending Acts
  • Act nº 30 of 1978

Preamble

THE COAST GUARD ACT, 1978

[Act, No. 30 of 1978]

[18th August, 1978]

PREAMBLE

An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones and for matters connected therewith.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows :--

Chapter I

Section 1. Short title and commencement

(1) This Act may be called The Coast Guard Act, 1978.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint",

(a) Appointed date is 19-8-1978

Section 2. Definitions

In thisAct, unless the context otherwise requires,--

(a) "Chief LawOfficer" and "Law Officer" mean, respectively, the Chief LawOfficer and a Law Officer of the Coast Guard appointed under section 115;

(b) "civil offence"means an offence which is triable by a criminal Court.

(c) "civil prison"means any jail or place used for the detention of any criminal prisoner underthe Prisons Act, 1894, or under any other law for the time being in force;

(d) "Coast Guard"means the Coast Guard constituted under this Act;

(e) "Coast GuardCourt" means a court convened under section 64;

(f) "Coast Guardcustody" means the arrest or confinement of a member of the Coast Guardaccording to rules;

(g) "CommandingOfficer", when used in any provision of this Act with reference to any unitor ship of the Coast Guard, means the officer whose duty it is under the rulesto discharge with respect to that unit or ship, the functions of a CommandingOfficer in regard to matters of the description referred to in that provision;

(h) "criminal Court"means a court of ordinary criminal Justice in any part of India;

(i) "DeputyInspector-General" means a Deputy Inspector-General of the Coast Guardappointed under section 5;

(j)"Director-General" means the Director-General of the Coast Guardappointed under section 5;

(k) "enrolledperson" means a subordinate officer, sailor or other person enrolled underthis Act;

(l)"Inspector-General" means an Inspector-General of the Coast Guardappointed under section 5;

(m) "maritime zones ofIndia" means the territorial waters, the contiguous zone, the continentalshelf, the exclusive economic zone or, any other maritime zone of India;

(n) "member of the CoastGuard" means an officer, a subordinate officer, a sailor or other enrolledperson;

(o) "notification"means a notification published in the official Gazette;

(p) "offence" meansany act or omission punishable under this Act and includes a civil offence;

(q) "officer" meansa person appointed or in pay as an officer of the Coast Guard, but does notinclude a subordinate officer, sailor or other enrolled person;

(r) "prescribed"means prescribed by rules made under this Act;

(s) "rule" means arule made under this Act;

(t) "Sailor" means amember of the Coast Guard other than an officer, a subordinate officer or otherenrolled person;

(u) "ship", exceptin the expression "on board a ship", means a Coast Guard vessel, andincludes any establishment or station belonging to, or under the control of, theCoast Guard whether within or without India;

(v) "skipper" meansa subordinate officer in command of a ship.

(w) "subordinateofficer" means a person appointed or in pay as a Pradhan Adhikari, aPradhan Sahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, anAdhikari 1 [ora Sahayak Engineer or aPradhan Yantrik] of the Coast Guard;

(x) "superiorofficer", when used in relation to a person subject to this Act, means anyofficer or subordinate officer--

(i) who is senior to thatperson under the rules; or

(ii) who is entitled underthis Act or the rules to give a command to that person;

(y) "territorialwaters", "contiguous zone", continental shelf" and"exclusive economic zone", shall have the meanings respectivelyassigned to them in the Territorial Waters, Continental Shelf, ExclusiveEconomic Zone and other Maritime Zones Act, 1976;

(z) all words and expressionsused and not defined in this Act but defined in the Indian Penal Code shall havethe meanings assigned to them in that Code.

1.Substituted for "or a Sahayak Engineer" by The Coast Guard (Amendment) Act,2002. w.e.f. 12.08.2002.


Section 3. Persons subject to this Act

(1) The following persons shall be subject to this Act, wherever they may be, namely:--

(a) officers;

(b) subordinate officers and other persons enrolled under this Act;

(c) persons who have, by a general or special order of the Central Government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed; and

(d) persons ordered to be received or being passengers, on board any ship or aircraft of the Coast Guard, to such extent and subject to such conditions as may be prescribed.

(2) Every person referred to in clauses (a) and (b) of sub-section (I) shall remain so subject until he retires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with the provisions of this Act and the rules.

Chapter II

Section 4. Constitution of the Coast Guard

(1) There shall be an armed force of the Union called the Coast Guard for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones.

(2) Subject to the provisions of this Act, the Coast Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Coast Guard shall be such as may be prescribed.

Section 5. Control, direction, etc.

(1) The general superintendence, direction and control of the Coast Guard shall vest in, and be exercised by, the Central Government and subject thereto, and to the provision of this Act and the rules, the command and supervision of the Coast Guard shall vest in an officer to be appointed by the Central Government as the Director-General of the Coast Guard.

(2) The Director-General shall, in the discharge of his duties under this Act, be assisted by such number of Inspector-General, Deputy Inspector-General, Commandant and such other officers as may be appointed by the Central Government.

Section 6. Enrolment

(1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed.

(2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Coast Guard shall be deemed to have been duly enrolled.

Section 7. Liability for service outside India

Every member of the Coast Guard shall be liable to serve in any part of India as well as outside India.

Section 8. Oath of allegiance

Every member of the Coast Guard shall, as soon as may be, after appointment or enrolment to the Coast Guard, make and subscribe before his Commanding Officer or other prescribed officer, an oath or affirmation in the prescribed form.

Section 9. Resignation and withdrawal from the post

No member of the Coast Guard shall be at liberty.--

(a) to resign his appointment during the term of his engagement; or--

(b) to withdraw himself from all or any of the duties of his appointment except with the previous permission in writing of the prescribed authority.

Section 10. Tenure of service under the Act

Every member of the Coast Guard shall hold office during the pleasure of the President.

Section 11. Dismissal or removal by Central Government and by other officers

Subject to the provisions of this Act and the rules.--

(a) the Central Government may dismiss or remove from service any member of the Coast Guard;

(b) the Director-General or any Inspector-General may dismiss or remove from the Coast Guard any person other than an officer;

(c) any prescribed officer not below the rank of a Deputy Inspector-General may dismiss or remove from the Coast Guard any person under his command other than an officer or a subordinate officer.

Section 12. Certificate of termination of service

An enrolled person who retires, or is discharged, released, removed or dismissed from the Coast Guard or permitted to resign therefrom, shall be furnished by the officer, to whose command he is subject, with a certificate in the language which is the mother tongue of such person and also in Hindi or English language setting forth--

(a) the authority terminating his service;

(b) the reasons for such termination; and

(c) the full period of his service in the Coast Guard.