The Coast Guard Act, 1978

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THE COAST GUARD ACT, 1978 ACT NO. 30 OF 1978

[18th August, 1978.]

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:-

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1.

Short title and commencement.

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 1 as the Central Government may, by notification in the Official Gazette, appoint.

2.

Definitions.

2. Definitions. In this Act, unless the context otherwise requires,-

(a) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer 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 under the Prisons Act, 1894 (9 of 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 Guard Court" means a court convened under section 64 ;

(f) "Coast Guard custody" means the arrest or confinement of member of the Coast Guard according to rules ;

(g) "Commanding Officer", when used in any provision of this Act with reference to any unit or ship of the Coast Guard, means the officer whose duty it is under the rules to discharge with respect to that unit or ship, the

[See footnote 1 for this section]

functions of a Commanding Officer 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) "Deputy Inspector-General" means a Deputy Inspector-

General of the Coast Guard appointed under section 5 ;

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

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

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

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

(n) "member of the Coast Guard" means an officer, a subordinate officer, a sailor or other enrolled person ;

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

(P) "offence" means any act or omission punishable under this Act and includes a civil offence ;

(q) "officer" means a person appointed or in pay as an officer of the Coast Guard, but does not include a subordinate officer, sailor or other enrolled person;

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

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

(t) "sailor" means a member of the Coast Guard other than an officer, a subordinate officer or other enrolled person ;

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

(v) "skipper" means a subordinate officer in command of a ship;

(w) "subordinate officer" means a person appointed or in pay as a Pradhan Adhikari, a Pradhan Sahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, an Adhikari or a Sahayak Engineer of the Coast Guard ;

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

(i) who is senior to that person under the rules ; or (ii) who is entitled under this Act or the rules to give a command to that person ;

(y) "territorial waters", "contiguous zone", "continental shelf" and "exclusive economic zone", shall have the meanings respectively assigned to them in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976.);

(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code (45 of 1860.), shall have the meanings assigned to them in that Code.

3.

Persons subject to this Act.

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(1) 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.

CHAP

CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THEMEMBERS OF THE

COAST GUARD

CHAPTER II

CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE

MEMBERS OF THE COAST GUARD

4.

Constitution of the Coast Guard.

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 458 with a view to the protection of maritime and other national inter-

ests 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.

5.

Control direction, etc.

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 provisions 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 Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as may be appointed by the Central Government.

6.

Enrolment.

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.

7.

Liability for service outside India.

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.

8.

Oath of allegiance.

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.

9.

Resignation and withdrawal from the post.

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, 459 except with the previous permission in writing of the prescribed authority.

10.

Tenure of service under the Act.

10. Tenure of service under the Act. Every member of the Coast Guard shall hold office during the pleasure of the President.

11.

Dismissal or removal by Central Government and by other officers.

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.

12.

Certificate of termination of service.

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.

13.

Restrictions respecting right to form association, freedom of speech,etc.

13. Restrictions respecting right to form association, freedom of speech, etc. (1) No member of the Coast Guard shall, without the previous sanction in writing of the Central Government or of the pre-

scribed authority,-

(a) be a member of, or be associated in any way with, any trade union, labour union, or political association ; or (b) be a member of, or be associated in any way with, any society, institution, association or Organisation that is not recognised as part of the Coast Guard or is not of a purely social, recreational or religious nature ; or (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide 460 discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.

Explanation.-If any question arises...

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