The Coast Guard Act, 1978
Administered Ministry: Ministry of Defence / Department of Defence
Section
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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 19th August, 1978, vide notification No. S.R.O. 10(E), dated 18th August, 1978, see Gazette of India, Extraordinary, Part II, sec. 4.
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 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 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 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 1 [, a 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 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.
(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 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 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 1 [, a 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 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.
1. Subs. by Act 44 of 2002, s. 2, for "or a Sahayak Engineer" (w.e.f. 12-8-2002).
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 (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.
(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.
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.
(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 Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as may be appointed by the Central Government.
(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.
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.
(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
(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.
(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.
(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.
Explanation.--If any question arises whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.
(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.
(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.
Explanation.--If any question arises whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Central Government thereon shall be final.
(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.
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, offshore 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.
(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, offshore 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.
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.
Explanation.--For the purposes of this section, "offender" includes--
(a) all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action ; and
(b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India.
(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.
Explanation.--For the purposes of this section, "offender" includes--
(a) all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action ; and
(b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India.
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.
(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.
(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 loyalty 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.
(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 liable 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.
(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.