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COAST GUARD ACT, 1978
30 of 1978
STATMENT OF OBJECTS AND REASONS. The need for the setting up of a Coast Guard organisation for the purpose of ensuring the safety of navigation in our waters, protection of our off-shore installations and fishing interests, organising salvage and pollution control measures and enforcement of national laws in our maritime zones, including assistance to customs authorities in anti-smuggling operations, has for some time, been acutely felt as the development of these services has not kept pace with the substantial increase in the number of activities in our maritime zones. To meet these demands an interim Coast guard consisting of a few vessels was formed in early 1977 as part of the Indian Navy for exclusive deployment on the abovementioned services. However, considering the nature of the Force and the purposes for which it would be employed, it is now considered appropriate that the Coast Guard be constituted as a separate armed force of the Union under a Director-General and should be regulated under a separate self-containe statute which will provide for its special needs, special needs, especially the needs of efficiency and discipline. The present Bill seeks to achieve this object. 2. As the Cost Guard is charged with the protection of maritime and coastal regions of India, the Bill secks to ensure that the standards of efficiency and discipline of the Force are of a very high order. 3. The notes on clauses explain in brief the various provision of the Bill. Ga7.. of Ind., .11-7-78, Pt. II, S. 2, Ext.. p.964.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 1: PRELIMINARY:
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 ,
SECTION 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 (Prisons Act, 1894), or under any other raw 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 a 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 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 pan 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 " Sahayak Engineer or a Pradhan Yantrik" of the Coast Guard;
(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 commanu 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)
(z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code shall have the meanings assigned to them in that Code.
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 (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.
CHAPTER 2: CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD:
SECTION 4: Constitution of the Coat 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 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 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.
SECTION 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 prescribed 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 discharge of his duties or is of a purely literary, artistic or scientific character or is of a prescribed nature.
(2) No member of the Coast Guard shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be specified in this behalf by the Central Government.
CHAPTER 3: DUTIES AND FUNCTIONS OF THE COAST GUARD:
SECTION 14: Duties and functions of Coast Guard:
(1) It shall be the duty of the Coast Guard to protect by such measures, as it thinks fit, the maritime and other national interests of India in the maritime zones of India.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for- (a) ensuring the safety and protection of artificial islands, off-shore terminals, installations and other structures and devices in any maritime zone; (b) providing protection to fishermen including assistance to them at sea while in distress: (c) taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution; (d) assisting the customs and other authorities in anti-smuggling operations; (e) enforcing the provisions of such enactments as are for the time being in force in the maritime zones; and (f) such other matters, .including measures for the safety of life, and property at sea and collection of scientific data, as may be prescribed.
(3) The Coast Guard shall perform its functions under this section in accordance with, and subject to such rules as may be prescribed and such rules may, in particular make provisions for ensuring that the Coast .Guard functions in close liaison with Union agencies, institutions and authorities so as to avoid duplication of effort.
CHAPTER 4: OFFENCES:
SECTION 15: Correspondence, etc., with offenders:
Any person subject to this Act. who. (a) treacherously holds correspondence with. or communicates intelligence to, an offender: or
(b) wilfully fails to make known to the proper authorities any information he may have received from an offender; or
(c) assists the offender in any manner; or
(d) having been captured by an offender, voluntarily serves with or aids him, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less. punishment as is in this Act mentioned.
SECTION 16: Deserting post and neglect of duty:
Any person subject to this Act, who.- (a) deserts his post; or
(b) sleeps upon his watch; or
(c) fails to perform, or negligently performs, the duty imposed on him, or
(d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 17: Mutiny:
Any person subject to this Act who commits any of the following offences, that is to say,- (a) begins, incites, causes or conspires with any other person to cause any mutiny in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith; or
(b) joins in any such mutiny; or
(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or
(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention to mutiny or of any such conspiracy, does not without delay, give information thereof to his Commanding Officer or other superior officer, or
(e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of India or any forces co-operating therewith from his duty or allegiance to the Union, shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this Act mentioned : Provided that a sentence of death awarded under this section shall not be carried out unless it is confirmed by the Central Government.
Section 18: persons on board ship or aircraft seducing Coast Guard personnel from allegiance:
Any person not otherwise subject to this Act who, being on board any ship or aircraft belonging to or in the service of the Coast Guard endeavours to seduce any person subject to this Act from his allegiance to the Constitution or loyally to the State or duty to his superior officers shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 19: Striking or threatening superior officers:
Any person subject to this Act who commits any of the following offences, that is to say, (a) uses criminal force to or assaults his superior officer; or
(b) uses threatening language to such officer: or
(c) uses insubordinate language to such officer; or
(d) behaves with contempt to such officer, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned. Provided that in the case of offences specified in clauses (c) and (d), the imprisonment shall not exceed five years.
SECTION 20: Disobedience to superior officer:
(1) Any person subject to this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given personally by his superior officer in the execution of his office whether the same is given orally, or in writing or by signal or otherwise, shall, on conviction by a Coast Guard Court, be ifable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys any lawful command given by his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 21: III-treating subordinates:
Any person subject to this Act who uses criminal force to or otherwise ill-treates any other person subject to this Act, being his subordinate in rank or position, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 22: Quarrelling, fighting and disorderly behaviour:
Any person subject to this Act, who,- (a) quarrels, fights with or strikes any other person, whether such person is or is not subject to this Act, or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(c) behaves in a disorderly manner, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as in this Act mentioned.
SECTION 23: Certain forms of disgraceful conduct:
Any person subject to this Act who commits any of the following offences, that is to say, - (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity: or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 24: Drunkenness:
(1) Any person subject to this Act, who is guilty of drunkness shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.
(2) For the purposes of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Coast Guard.
SECTION 25: Desertion and aiding desertion:
(1) Any person subject to this Act, who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert.
(2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as in this Act mentioned and in every such case he shall forfeit, (a) all pay, salvage, prize money and allowance that have been earned by him; (b) pension and gratuity, medals and decorations that have been granted to him; and (c) all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the Tribunal by which he is tried or the Central Government or the Director General otherwise directs. Explanation. For the purposes of this sub-section, all pay, salvage, prize money and allowances shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him.
(3) Any person subject to this Act, who knowingly harbours any such deserter, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
SECTION 26: Breaking out of ship and absence without leave:
Any person subject to this Act, who without being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed.
SECTION 27: Losing ship or aircraft:
(1) Any person subject to this Act who wilfuly loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act, who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 28: Dangerous unauthorized flying:
Any person subject to this Act who is guilty of any act or neglect in flying or in the use of any aircraft belonging to or in the service of the Coast Guard. or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by a Coast Guard Court.- (a) if he acts wilfully or with wilful neglect, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned; and
(b) in any other case. be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 29: Inaccurate certificate:
Any person subject to this Act who signs any certificate in relation to an aircraft belonging to or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 30: Low flying and annoyance by flying:
Any person subject to this Act, being the pilot of an aircraft belonging to or in the service of the Coast Guard, who- (a) flies it at a height lower than the minimum height authorised by his Commanding Officer except while taking off or landing, or
(b) files it so as to cause or likely to cause unnecessary annoyance to any person. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
SECTION 31: Disobedience of lawful command of captain of an aircraft:
Any person subject to this Act, who while he is in an aircraft belonging to or in the service of the Coast Guard, disobeys any lawful command given by the captain of the aircraft whether such captain is subject to this Act or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, shall, on conviction by a Coast Guard Court, be liable to saffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 32: False accusations:
Any person subject to this Act, who commits any of the following offences, that is to say,- (a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false: or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
SECTION 33: Falsifying official documents and false declarations:
Any person subject to this Act who commits any of the following offences, that is to say,- (a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy knowingly makes; or is privy to the making of, any false or frudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injury any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce: or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or. privilege by a statement which is false, and which he either knows or believes to be false, or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement. shall, on conviction by a Coast Guard Court be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
SECTION 34: Offences in respect of property:
Any person subject to this Act who commits any of the following offences, that is to say,- (a) commits theft of any property belonging to the Government or to any Coast Guard mess, or institution, or to any person subject to this Act or
(b) dishonestly misappropriates or converts to his own use any such property: or
(c) commits criminal breach of trust in respect of any such property: or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or damages any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
SECTION 35: Damage to property:
Any person subject to this Act, who commits any act which causes damage to, or destruction of, any property of the Government shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term whcih may extend to seven years or such less punishment as is in this Act mentioned.
SECTION 36: Taking unauthorised goods on board:
Every officer or subordinate officer in command of any ship belonging to or in the service of the Coast Guard who receives on board or permits to be received on board such ship, any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be ship-wrecked or in imminent danger either on the high seas or in some port, creek or harbour for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may, at any time be ordered to take or receive on board by order of the Central Government or his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
SECTION 37: Offences in respect of papers relating to vessel, craft or aircraft taken into custody:
(1) All the papers, charter parties. bills of lading passports and other documents that shall be taken, seized or found on board any vessel, craft or aircraft taken into cus
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