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Act30
Enacted 1978

The Coast Guard Act, 1978

In force 124 sections Defence

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.

Act 30 of 1978 Enacted 18 Aug 1978 In force 19 Aug 1978 Department Department of Defence

Administered by. Ministry of Defence, Department of Defence · Other Acts of 1978

Preamble

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:--

What this Act covers

Summary of the Coast Guard Act, 1978

Overview

• Title: The Coast Guard Act, 1978

• Commencement: Came into force on a notified date by the Central Government.

• New Context Consideration: Emphasis on scenarios where pay, salvage, prize money, and allowances are due but unpaid.

Key Provisions

1. Definitions and Scope

• Detailed definitions for terms related to the Coast Guard.

• Applies to all members of the Coast Guard, irrespective of location.

• Context Note: No direct impact on definitions from the new context.

2. Persons Subject to the Act

• All Coast Guard members are subject to the Act worldwide.

• Context Note: Unpaid dues do not alter the applicability of the Act.

3. Powers and Duties

• Members can exercise powers under various Acts for preventing offences in inland and maritime zones.

• Example Powers: Preventing smuggling, unlawful exploration, or other maritime offences.

• Context Note: Unpaid compensation does not affect the exercise of these powers.

4. Offences and Penalties

• List of Offences (Unchanged by Context):

• Self-Harm/Delay in Cure

• Drunkenness

• Desertion

• Aiding Desertion

• Unauthorized Absence

• Losing Ship/Aircraft

• Dangerous Flying

• Inaccurate Certificates

• Low Flying/Annoyance

• New Context Relevance: None directly, but unpaid dues could potentially influence the severity of punishments in cases of Desertion or Unauthorized Absence if deemed a mitigating factor by the court, though this is speculative without explicit mention.

• Penalties (Unchanged by Context):

• Imprisonment terms.

• Specific to Context: Forfeiture of pay and allowances in desertion cases takes on added significance given the context of unpaid dues, potentially leading to further financial repercussions for the offender.

5. Procedure and Protection

• Trial Timelines: Specific periods for commencing trials.

• Legal Protection: Members protected for acts done under lawful authority.

• Context Note: Unpaid dues may be considered in mitigation or as part of the offender's circumstances but do not alter procedural protections.

6. Administrative Provisions

• Rule Making: Central Government empowered to make rules.

• Context Suggestion: Potential for future rules to address unpaid compensation in the context of disciplinary actions or as part of service conditions, though not currently specified.

Sections

Type to filter. 124 sections.

  1. 1Short title and commencement
  2. 2Definitions
  3. 3Persons subject to this Act
  4. 4Constitution of the Coast Guard
  5. 5Control, direction, etc
  6. 6Enrolment
  7. 7Liability for service outside India
  8. 8Oath of allegiance
  9. 9Resignation and withdrawal from the post
  10. 10Tenure of service under the Act
  11. 11Dismissal or removal by Central Government and by other officers
  12. 12Certificate of termination of service
  13. 13Restrictions respecting right to form association, freedom of speech, etc
  14. 14Duties and functions of Coast Guard
  15. 15Correspondence, etc., with offenders
  16. 16Deserting post and neglect of duty
  17. 17Mutiny
  18. 18Persons on board ship or aircraft seducing Coast Guard personnel from allegiance
  19. 19Striking or threatening superior officers
  20. 20Disobedience to superior officer
  21. 21Ill-treating subordinates
  22. 22Quarrelling, fighting and disorderly behaviour
  23. 23Certain forms of disgraceful conduct
  24. 24Drunkenness
  25. 25Desertion and aiding desertion
  26. 26Breaking out of ship and absence without leave
  27. 27Losing ship or aircraft
  28. 28Dangerous unauthorised flying
  29. 29Inaccurate certificate
  30. 30Low flying and annoyance by flying
  31. 31Disobedience of lawful command of captain of an aircraft
  32. 32False accusations
  33. 33Falsifying official documents and false declarations
  34. 34Offences in respect of property
  35. 35Damage to property
  36. 36Taking unauthorised goods on board
  37. 37Offences in respect of papers relating to vessel, craft or aircraft taken into custody
  38. 38Offences in respect of vessel, craft or aircraft taken into custody
  39. 39Unlawful taking of ransom
  40. 40Offences relating to Coast Guard Courts
  41. 41Escape from custody
  42. 42Violation of the Act, rules and orders
  43. 43False answers on enrolment
  44. 44Offences against good order and discipline
  45. 45Attempt
  46. 46Abetment of offences that have been committed
  47. 47Abetment of offence punishable with death and not committed
  48. 48Abetment of offences punishable with imprisonment and not committed
  49. 49Civil offences
  50. 50Civil offences not triable by a Coast Guard Court
  51. 51Period of limitation for trial of offences under the Act
  52. 52Trial, etc., of a person who ceases to be subject to the Act
  53. 53Punishments awardable by Coast Guard Courts
  54. 54Alternative punishments awardable by Coast Guard Courts
  55. 55Combination of punishments
  56. 56Punishments otherwise than by Coast Guard Courts
  57. 57Minor punishments
  58. 57APunishment for officers below the rank of Commandant
  59. 58Provisions as to award of punishments
  60. 59Custody of offenders
  61. 60Duty of Commanding Officer in regard to detention
  62. 61Arrest by civil authorities
  63. 62Capture of deserters
  64. 63Coast Guard police officers
  65. 64Power to convene a Coast Guard Court
  66. 65Composition of Coast Guard Courts
  67. 66Dissolution of a Coast Guard Court
  68. 67Powers of a Coast Guard Court
  69. 68Prohibition of second trial
  70. 69Application of Act during term of sentence
  71. 70Place of trial
  72. 71Choice between criminal court and Coast Guard Court
  73. 72Power of criminal court to require delivery of an offender
  74. 73Law Officer
  75. 74Challenges
  76. 75Oaths of member, Law Officer and witness
  77. 76Voting by members
  78. 77General rule as to evidence
  79. 78Judicial notice
  80. 79Summoning of witnesses
  81. 80Documents exempted from production
  82. 81Commissions for examination of witnesses
  83. 82Examination of a witness on commission
  84. 83Alternative findings
  85. 84Presumption as to signatures
  86. 85Enrolment paper
  87. 86Presumption as to certain documents
  88. 87Evidence of previous convictions and general character
  89. 88Lunacy of accused
  90. 89Subsequent fitness of lunatic accused for trial
  91. 90Transmission to Central Government of orders under section 89
  92. 91Release of lunatic accused
  93. 92Delivery of lunatic accused to relatives
  94. 93Order for custody and disposal of property pending trial
  95. 94Order for disposal of property regarding which offence is committed
  96. 95Powers of Coast Guard Court in relation to proceedings under this Act
  97. 96Form of sentence of death
  98. 97Interim custody until execution of sentence of death
  99. 98Execution of sentence of death
  100. 99Commencement of sentence of imprisonment or detention
  101. 100Execution of sentence of imprisonment
  102. 101Temporary custody of offender
  103. 102Conveyance of prisoner from place to place
  104. 103Communication of certain orders to prison officers
  105. 104Execution of Sentence of fine
  106. 105Informality or error in the order or warrant
  107. 106Imprisonment or detention of offender already under sentence
  108. 107Suspension of sentence of imprisonment or detention
  109. 108Release on suspension
  110. 109Computation of period of suspension
  111. 110Order after suspension
  112. 111Reconsideration of case after suspension
  113. 112Fresh sentence after suspension
  114. 113Scope of power of suspension
  115. 114Effect of suspension and remission on dismissal
  116. 115Appointment of Chief Law Officer and Law Officers
  117. 116Functions of Chief Law Officer
  118. 117Judicial review by the Chief Law Officer
  119. 118Consideration by the Director-General
  120. 119Petitions to Central Government or Director-General against findings and sentences
  121. 120Powers of Central Government and Director-General in respect of findings and sentences
  122. 121Powers and duties conferrable and imposable on members of the Coast Guard
  123. 122Protection for acts of members of the Coast Guard
  124. 123Power to make rules

Rules made under this Act

21 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • SRO 27 DATED 10 JUL 20152015
  • SRO 49 DATED 01 JUL 20132013
  • SRO 5 DATED 18 FEB 20102010
  • SRO 33 OF 20052005
  • SRO 130 DATED 11 AUG 20042004
  • SRO 133 DATED 17 SEP 20042004
  • SRO 29 DATED 11 JAN 20022002
  • SRO 44 OF 20022002
  • SRO 86 DATED 03 APR 20022002
  • SRO 183 DATED 11 OCT 19991999
  • SRO 76 DATED 19 APR 19991999
  • SRO 98 DATED 09 JUL 19981998
  • SRO 62 DATED 18 MAR 19971997
  • SRO 201 DATED 19 NOV 19961996
  • SRO 4E DATED 13 FEB 19921992
  • Coast Guard (Ceremonial) Rules, 19881988
  • Coast Guard (Seniority and Promotion) Rules,19871987
  • SRO 172 DATED 13 APR 19871987
  • Coast Guard (Condition of Service) Rules, 19861986
  • Coast Guard (General) Rules, 19861986
  • Coast Guard (Discipline) Rules, 19831983

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 124 sections of this Act has its own page. This page is not a substitute for legal advice.