REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 31]

NEW DELHI, FRIDAY, AUGUST 18, 1978/SRAVANA 27, 1900

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 18th. August, 1918/Sravana 27, 1900 (Saka)

The following Act of Parliament received the assent of the President

on the 18th August, 1978, and is hereby published for general informa-

tion ' —

THE COAST GUARD ACT, 1978

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 natio-

nal interests in such zones and for matters connected therewith.

BE it enacted by

Paliament

in the

Twenty-ninth

Year of

the

Republic of India as follows: —

CHAPTER I

PRELIMINARY

1 (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.

2. 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;

Short

title and

com-

mence-

ment.

Defini-

tions

(355)

356

THE GAZETTE OF INDIA EXTRAORDINARY

[PART l i -

(e) "civil prison" means any jail or place used for the detention

of any criminal prisoner under the 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 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 res-

pect 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 person¹'

means a subordinate officer, sailor or

other person enrolled under this Act;

(I) "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 ah officer, a subordi-

nate 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 belong-

ing 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;

9 oi 1894.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

357

(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 rujes; or,

(ii) who is entitled under this Act or the rules to give a

command to that person;

(y) "territorial waters'', "contiguous zone", "continental shell"

and "exclusive economic zone", shall have the meanings respectively

assigned to them in the Territorial Waters, Continental Shelf, Ex-

clusive Economic Zone and other Maritime Zones Act, 1976;

(z) all words and expressions used and not denned in this Act

but denned in the Indian Penal Code shall have the

meanings

assigned to them in that Code.

3. (1) The following persons shall be subject to tms Act, wnerever

they may be, namely:—

(a) officers;

(b) subordinate officers and other persons enrolled under

this

Act;

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

(!) shall remain so subject until he retires, or he is discharged, released,

removed or dismissed from the Coast Guard in accordance with the pro-

visions of this Act and the rules.

CHAPTER II

CONSTITUTION OF THE COAST GUAHD AND CONDITIONS OF SERVICE OF THE

MEMBERS OF THE COAST GUABD

4. (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 o£

service of the members of the Coast Guard shall be such, as may

prescribed.

5. (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 Ins-

pectors-General, Commandant and such other officers as may be appoint-

ed by the Central Government. '

6. (1) The persons to be enrolled to the Coast Guard, the mode of en-

rolment and the procedure for enrolment shall be such asr may be

prescribed.

Person^

subject V)

this Act

Constitu-

tion o|

the Coa^

Guard.

Control,

direction,

etc.

Enrol,

meat.

80 of 1976.

45 of 1860.

558

THE GAZETTE OF INDIA EXTRAORDINARY

[PAR* li—

Liability

for service

outside

India.

Oath of

tiUegiance.

Resigna-

tion and

withdraw-

al from

the post.

Tenure of

service

under

the Act.

Dismissal

or removal

by Central

Govern-

ment and

by other

officers.

Certifi-

cate of

termina-

tion of

service.

Restric-

tions res-

pecting

right to

forma^.

fociation,

freedom

of speech,

etc.

(2) Notwithstanding anything contained in this Act and the rule»,

every i person who has, for a continuous period of three months, been m

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. Every member of the Coast Guard shall be liable to serve in any

part of India as well as outside India.

8. Every member of the Coast Guard shall, as soon as may be, aiiter

appointment or enrolment to the Coast Guard, make and subscribe be-

fore his Commanding Officer or other prescribed officer, an 'oath or

affirmation in the prescribed form.

9. No member of the Coast Guard shall be at liberty—

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

(b) to withdraw hfimself from ail or any of the duties of his ap-

pointment,

except with the previous permission in writing of the prescribed

authority.

10. Every member of the Coast Guard shall hold office during the

pleasure of the President.

11. 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;

pector-General may dismiss or remove from the Coast Guard any

person under his command other than an officer or a subordinate

officer.

12. 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 ia suibjecjt, 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

13. (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^L 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

BS part of the Coast Guard or is not of a purely Social, recreational or

religious nature; or

lished any book, letter or other document except where Such com-

munication or publication is in the bona fide discharge of hlfl duties

SEC 1]

THE GAZETTE OF INDIA

EXTRAORDINARY

3*9

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 meetdng or take part in any demonstration organised by any body of

persons for any political purposes oi for such other purposes as may be

specified in this behalf by the Central Governmenlt.

CHAPTER III

DUTIES AND FUNCTIONS OF THE COAST GUARD

14. (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;

tect 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

(/) 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 IV

OFFENCES

15. Any person subject to this Act, who,—

(a) treacherously holds correspondence with, or communicaites

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

(d) having been captured by an offender, voluntarily serves with

or aids him,

Duties and

functions

of Coast

Guard.

Corres-

pondence,

etp., with

offenders

3<5o

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Desertlng

post and

neglecj; ,

of duty'.

Mutiny.

PerSoriA

on boani

ship or

aircraft

S-J during

Coast

Guard

personnel

from alle-

giance.

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to seven years or such lees punishment

fls is" in this Act mentioned.

E'xplanation.—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 ig 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.

16. Any person subject, to this Act, who,—

(a) deserts his post; or

(b) sleeps upon his watch; or

on him; or

(d) wilfully conceals any words, practice or design tending to

the hindrance of the Coast Guard,

shall, on convliction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punishment

as is in this Act mentioned.

17. 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

duch 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 bis 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 shrill

not be carried out unless it is confirmed by the Central Government.

18. 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 imprison-

ment for a term which may extend to seven years or such less punishment

as is in this Act mentioned,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

36l

19. 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

(d) behaves with contempt to such officer,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment 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 clauseB (c) and (d),

the imprisonment shall not exceed five years.

Striking

or threat-

ening

superior

officers.

20. (I) Any person subject to this Act who disobeys in such maimer

as to show a wilful defiance of authority any lawful command given per-

sonally 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 imprisbnment 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 Gu^d 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.

21. Any person subject to this Act who uses criminal force to or*other-

wise ill-treats 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.

Disobe-

dience to

superior

officer.

Ill-treat-

ing subor.

dinntes.

22. Any person subject to this Act, who,—

(a) quarrels, fights with or strikes any other person, whether

imch 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

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punishment

as is in this Act mentioned.

23. 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 him-

self or Intentionally delays his cure

or aggravates his disease or

Infirmity; or

Quarrel-

ling, fight-

ing and

disorderly

behaviour.

Certain

forms of

disgrace,

fol con-

duct

362

THE 6AZE1TE OF INDIA EXTRAORDINARY

[PART II—

Drunken-

new.

Deaertion

and aiding

desertion.

Breaking

out of

ship attd

Hbsencto

without

leave.

service, voluntarily causes hurt to himself or that person,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to seven years or such lesa punish-

ment as is in this Act mentioned.

24. (1) Any person subject to this Act, who is guilty of drunkenness

phaM, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to six months or such less punish-

ment as is in this Act mentioned.

"• (fl) For the jiurpbde* of sub-section (I), 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

W>f)]t,to be entrusted with his duty or with any duty which he may be

$aljpd, upon to perform or behaves in a disorderly manner or in a man-

ner likely to brjng discredit to the Coast Guard.

1 ( ^{^ (J) Any person subject to this Act, who absents himself from his}

sh,}p pr from the place where his duty requires him to be, with an inten-

tion 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

'Art'which shows that he has an intention of not returning to such ship

At'pWee'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 suffer¹ imprison-

m«at, for a term which may extend to seven years or such less punish-

ment as is in this Act mentioned.

1 '' (J) Any person subiect to this Act, who knowingly harbours any such

deBferter, 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.

26. Any person subject to this Act, who without being guilty of

cttwirtion 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.

Losing

ship or

aircraft.

, 27. (1) Any person subject to this Act who wilfully 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 anv aircraft

belqnging 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

sMp 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

g«C. 1]

Tkll GAZETTE OF INDIA EXTRAORDINAAV

3*3

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punishment

as is in this Act mentioned.

28. 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 a^fcraft or aircraft material,

winch causey or is likely to cause losa of life or bodily injury to any

person shall, on conviction by a Coast Guard Cburt,—

(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.

29. Any person subject to this Act who signs any certificate \n rela-

tion to an aircraft belonging to or in the service of the Copst Guard

or to any material thereof without ensuring its accuracy shall, on^cpn-

viction 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.

30. Any person subject to this Act, being the pilot of an aircraft belong-

ing to or in the service of the Coast Guard, who—

(a) flies it at a height lower than the minimum height

autho-

rised by his Commanding Officer except while taking off or landing;

(b) flies it so as to cause or likely to cause unnecessary annoy-

ance to any person,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punishment'

as is in this Act mentioned.

31. 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 ia&ful

command given by the captain of the aircraft whether sucti¹-captain 1B

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 convic-

tion by a Coast Guard Court, be liable to suffer irhprisonnient fot a term

which may extend to seven years or such less punishment as is iri'this

Act mentioned.

32. Any person subject to this Act, who commits any ofthfc following

offences, that is to say,—

(a) makes a false accusation against any person subject to¹'this

Act, knowing or having reason to believe such accusation to be false;

(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,

Dangerous

used

flying.

Inaccurate

certifl-

Cbta.

Low

flying and

annoyance

by flying.

Diiobe-

diencdot'

lawful '

comrhand¹

of capWta

of an

aircraft.

Falsa ac-

cusations.

3*4

^TtoBl GAZETTE Otf INDIA EXTRAORDINARY

[PARf II—

Falsifying

official

document!

and f also

declara-

tion!.

BKAH, tm conviction' by a Coast Guard Court, be liable to suffer imprison^

rrieht for a term which may extend to three years or such less punish-

ment as is in this Act mentioned.

33. Any person subjectko this Act who commits any of the following

offehcei, that is to say,^-(

(a) in any report, return, list, certificate, book or other docu-

ment made or signed by him, or of the contents of which it is his

duty to ascertain tlie accuracy, knowingly makes, or is privy to the

making of, any false or fraudulent 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 injure any person, or know-

ingly and with intent to defraud, suppresses, defaces, alters or makes

away with any document which it is his duty to preserve or produce;

(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 imprison-

ment for a term which may extend to ten years or such less punishment

as is In this Act mentioned.

Offences ,

in respect

ot pro-

P«rty.

34, 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

•uch property; or 1

prpperty; or

(d) dishonestly¹ 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

ment #ntrusted to him; or

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

365

(/) 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 imprison-

ment for a term which may extend to ten years or such less punishment

as is in this Act mentioned.

35. 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 which may extend to seven years or such less punishment as is

in this Act mentioned.

36. Every officer or subordinate officer in command

any

ship

belonging¹ to or in the service of ithe 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, shal^ 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.

37. (2) 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 custody by the Coast Guard shall be duly

preserved and the Commanding Officer or skipper shall send the same

to his immediate superior.

(2) Every Commanding Officer or skipper who fails to send the docu-

ments as required under sub-section (1) shall, on conviction by a Coast

Guard Court, be liable to suffer dismissal from the Coast Guard or such

Jess punishment as is in this Act mentioned.

38. Any person subject to this Act who commits any of the following

offences, that is to say,—

(a) takes out without proper authority from any vessel, craft

or aircraft taken into custody, any money or goods; or

(b) pillages, beats or ill-treats persons on board the said vessel,

craft or aircraft; or

intent dishonestly to misappropriate anything therein or belonging

thereto,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punish-

ment as is in this Act mentioned,

39. Every Commanding Officer 01 skipper of a ship who,—

(a) unlawfully agrees with any person for the ransoming of any

vessel, craft, aircraft, goods or things taken into custody by the Coast

Guard; or

Damage to

property.

Taking

unautho^

rlsed

goods on

board.

Offences

In respect

of papers

relating

to vessel,

craft or

aircraft

taken into

custody.

Offences

Jn respect

of vessel,

craft or

aircraft

taken into

custody.

Unlawful

taking of

ransom.

366

THE CiA^KTTC OF 1\DIA EXTRA ORDINARY

[PART II—

Offences

relating

to Coast

Guard

Courts.

(b) in pursuance of any unlawful agreement for ransoming or

otherwise by collusion actually quits or restores any vessel, craft,

aircraft, goods or things taken into custody by the Coast Guard,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to two years or such less punishment

as is in this Act mentioned.

40. Any person subject to this Act who commits any of the following

offences, that is to say,—

(a) being duly summoned or ordered to attend as a witness

before a Coast Guard Court, wilfully or without reasonable excuse,

makes default in attending; or

(b) refuses to take an oath or make an affirmation legally re-

quired by a Coast Guard Court to be taken or made; or

control legally required by a Coast Guard Court to be produced or

delivered by him; or

(d) refuses, when a witness, to answer any question which he

is by law bound to answer; or

(e) is guilty of contempt of a Coast Guard Court by using in-

sulting or threatening language, or by causing any interruption or

disturbance in the proceedings of such Court,

shall, on conviction by a Coast Guard Court, be liable to suffer imprison-

ment for a term which may extend to three years or such less punish-

ment as is in this Act mentioned.

41. Any person subject to this Act who, being in

lawful custody,

escapes or attempts to escape, 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.

42. Any person subject to this Act who neglects to obey, or contra-

venes any provision of this Act or any rule or any order issued by any

lawful authority under this Act, shall, if no other punishment is provided

in this Act for such neglect or contravention, on conviction by a Coast

Guard Count, be liable to suffer imprisonment for a term which may ex-

tend to two years or such less punishment as is in this Act mentioned.

43. Any person having become subject to this Act who is discovered

to have made at the time of enrolment, a wilfully false answer to any

question set forth In the prescribed form of enrolment which has been

put to him by the enrolling officer before whom he appears for the purpose

of being enrolled, shall, on conviction by a Coast Guard Court, be liable

to suffer imprisonment for a Wra which may extend to five years or •

such less punishment as lg in this Act mentioned-

44. Any person subject to this Act who is guilty of any act or omission

or disorder or neglect, which, though not specified in this Act, is pre-

judicial to good order and discipline of the Coast Guard shall, on convic-

tion by a Coast Guard Court, be liable to suffer imprisonment for

term which may extend to three years or such less punishment as is in

this Act mentioned.

Escape

from

custody.

Violation

of the Act,

rules and

orders.

False

answers

on enrol-

ment.

Offences

against

good

order and

discipline.

SEC. 1]

THE GAZETTE OF WV>1A EXTRAORDINARY

367

45. Any peison subject to this Act who attempts to commit any of the

offences specified in sections 15 to 44 (both inclusive) and m such attempt

docs any act towards the commission of the offence shall, on conviction

by a Coast Guard Court, where no express provision is made by this Act

for the punishment of such attempt, be liable,—

(a) if the offence attempted Lo be committed is punishable with

death, to suffer imprisonment {or a tcim which may extend to four-

teen years or such less punishment as is in thig Act mentioned; and

(b) if the offence attempted to be committed is punishable with

imprisonment, to suffer imprisonment for a term which may extend

to one-half of the longest term provided for that offence or such less

punishment as is in this Act mentioned.

46. Any person subject to this Act who abets the commission of any

of the offences specified in sections 15 to 44 (both inclusive), shall, on

conviction by a Coast Guard Court, if the act abetted is committed in con-

sequence of the abetment and no express provision is made by this Act

for the punishment of such abetment, be liable to suffer imprisonment

provided for that offence or such less punishment as is in this Act men-

tioned.

47. Any person subject to this Act, who abets the commission of an

offence punishable with death under section 17 shall, on conviction by

a Coast Guard Court, if that offence be not committed in consequence of

that abetment, be liable to suffer imprisonment

for a term which may

extend to fourteen years or such less punishment as is in this Act men-

tioned.

48. Any person subject to this Act who abets the commission of any

of the offences specified in sections 15 to 44 (both inclusive) and punish-

able with imprisonment shall, on conviction by a Coast Guard Court, if

that offence be not committed in consequence of the abetment, and no

express provision is made by this Act for the punishment of such abet-

ment, be liable to suffer imprisonment for a term which may extend to

one-hali of the longest, term piovided fni that offence 01 such less punish-

ment as iri in this Act mentioned.

49. Subject to the provisions of section 50, any person subject to this

AcL who at any place in, or beyond, India commits any civil offence shall

be deemed to be guilty of an offence against this Act and, if charged

therewith under this section shall be liable to be tried by a Coast Guard

Court, and, on conviction, be punishable as follows, that ia to say,—

(a) if the offence is one which would be punishable under any

law in force in India with death, he shall be liable to suffer

any

punishment, assigned for the offence, by the aforesaid law or such

less punishment as is in this Act mentioned; and

(b) in any other case, he shall be liable to suffer any punishment,

assigned for the offence by the law in force in India, or imprisonment

for a term which may extend to seven years, or such less punish-

ment as is in this Act mentioned.

Attempt.

Abetment

of offences

that have

Leon com.

initted.

Atetmont

of offence

punish-

able with

death

and not

commit-

ted.

Abetment

of offences

punish,

able with

imprison-

ment and

not com-

mitted.

Civil

offences.

368

THE GAZETTE OF INDIA EXTRA ORDINARY

[PAHT II—

Civil

offences¹

not tri.

able by

a Coast

Guard

Court.

Period of

limitation

for trial of

offences

under

the Act.

Trial, etc.,

ul a person

who

ce&*es to

be subject

to '.he

Act.

50. A person subject to this Act who commits an offence of murder

or of culpable homicide not amounting to murder against, or of rapfe In

relation to, a person not subject to 'this Act shall not be deemed to be

guilty of an offence against this Act and shall not be tried by a Coast

Guard Court, unless he commits any of the said offences,—

(a) at any place outside India; or

(b) at any place specified by the Central Government by noti-

fication in this behalf.

51. (1) No person unless he is an offender who has avoided apprehen-

sion or escaped arrest or committed the offence of desertion rir of giving

false entry on enrolment or the offence of mutiny

shall be tried or

punished in pursuance of this Act for any offence comhiitted by him

unless such trial commences within three years frond the commission

of such offence.

(2) No trial for an offence of desertion or of giving false entry on

enrolment shall be commenced if the person in

question, not being an

officer, has subsequent to the commission of the offence served conti*

nuously in an exemplary manner for not less than three years in the

Coast Guard.

52. (1) Where an offence under this Act had been committed by any

person while subject to this Act, and such person has since the commis-

sion of the offence ceased to be subject to this Act, he may be taken into

and kept in the Coast Guard custody, and tried and punished for such

offence as if he had continued to be so subject.

(2) No such person shall be tried for an offence, unless his trial com-

mences within six months after he has ceased to be subject to this Act;

Provided that nothing contained in this sub-section shall app'ly to the

trial of any such person for an offence of mutiny or desertion.

Punish-

ments

award-

eble by

Coast

Guard

Courts.

CHAPTER V

PUNISHMENTS

53. (1) Punishments may be inflicted in respect of offences commit-

ted by persons subject to this Act and convicted by Coast Guard Courts

according to the scale following, that is to say,—

(a) death;

(b) imprisonment which may be for the term of life or any

other lesser term;

(d) detention in Coast Guard custody for a period not exceeding

two years;

(e) reduction to the ranks or to a lower rank in the case Ol

sailors;

(f) forfeiture of seniority of rank, forfeiture of all or any part

of the service for the purpose of promotion;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

369

(g) forfeiture of service for the purpose

of increased

pay,

pension or any other prescribed purpose;

(h) fine, in respect of civil offences;

(i) mulcts of pay and allowances;

(j) severe reprimand or reprimand except

the case

persons below the rank of an UUam Navik or Uitam

Yantrik.

(2) Each of the punishments specified in sub-gection (1)

shall be

deemed to be inferior in degree to every punishment preceding it in the

above scale.

54. Subject to the provisions of this Act, a Coast Guard Court may,

on convicting a person subject to this Act of any of the offences specified

in sections 15 to 48 (both inclusive) award either the particular punish-

ment with which the offence is stated in the said sections to be punish-

able, or in lieu thereof, any one of the punishments lower in the scale

set out in section 53 regard being had to the nature and degree of the

offence.

55. Subject to the provisions of section 58, a sentence of a Coast Guard

Court may award in addition to, or without any one other punishment,

the punishment specified in clause (c) of sub-section (1) of section 53

and any one or more of the punishments specified in clauses (e) to (j)

(both inclusive) of that sub-section.

56. Punishments may also be inflicted in respect of offences commit-

ted by persons subject to this Act without the intervention of a Coast

Guard Court in the manner stated in section 57.

57. Subject to the provisions of section 58, a Commanding Officer

or such other officer as is, with the consent of the Central Government,

specified by the Director-General may, in the prescribed manner, pro-

ceed against a person subject to this Act, otherwise than aa an officer,

who is charged with an offence under this Act and award such person,

to the extent prescribed, one or more of the following punishments,

that is to say,—

(a) imprisonment for a period not exceeding three months;

(b) dismissal from the Coast Guard;

ing three months;

(d) reduction to the ranks or to a lower rank in the case of

sailors;

(e>) fine, in respect of civil offences;

(f) mulcts of pay and allowances;

(g) deprivation of good conduct badges;

(h) reprimand;

(i) extra work and drill for a period not exceeding fourteen

days in the case of persons below the rank of an Uttam Navik or

Uttam Yantrik;

Alterna-

tive

punish-

ments

awardable

by Coast

Guard

Courts.

Combina.

tion of

punish-

ments.

Punish.

ments

otherwise

than by

Coaat

Guard

Courts.

Minor

punish-

ments.

3?o

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provisions

es to

av/ard of

punish,

ments.

Custody of

offenders.

Duty of

Command-

ing Offl.

cer in

regard to

detention.

(;) stoppage of leave for a peiiod not exceeding sixty days;

(k) admonition:

Provided that no punishment specified in clauses (a) to (d) (both

inclusive) shall be inflicted,—-

(a) in the case of a subordinate officer,

unless it is approved

by an officer not below the rank oi an Inspector-General; and

(b) in the case of others, unless it is approved by an officer

not below the rank of a Deputy Inspector-General.

58. (!) The punishments that may be inflicted under this Act shall

be awarded in accordance with the provisions of this section.

(2) A sentence of imprisonment under this Act shall in all cases be

accompanied by a sentence of dismissal.

(3) A sentence of impiisonment may be rigorous or simple or partly

rigorous and partly simple.

(4) No officer shall be subject to detention for any offence under

this Act.

(5) No subordinate officer shall be sentenced to detention except

for desertion.

(6) A sentence of detention shall not be accompanied by a sentence

of dismissal from the Coast Guard.

(7) A sentence of detention for a period exceeding fourteen

days

shall in all cases be accompanied by stoppage of pay and allowances

during the period of detention.

CHAPTER VI

ARREST AND PROCEEDINGS BEFORE TRIAL

59. (1) Any person subject to this

Act who

is charged with

offence may be taken into Coast Guard custody, under the order

any superior officer,

(2) Notwithstanding anything contained

sub-section (1),

officer may order into Coast Guard custody any other 'officer engaged in

a quarrel, affray or disorder, though such other officer may be of a

higher rank.

60. (1) It shall be the duty of every Commanding Officer to

take

care that a person under his command when charged with an offence

ia not detained in custody for more than forty-eight hours after

the

committal of such person into custody is reported to him, without the

charge being investigated, unless investigation

within

that

period

seems to him to be impracticable having regard to the public service.

(2) The case of every person being detained in custody beyond

period of forty-eight hours, and the reasons therefor, shall be reported

by the Commanding Officer to the Deputy Inspector-General

under

whom he is serving or such other officer to whom an application may

be made to convene a Coast Guard Court for the trial of the person

charged.

(3) In reckoning the period of forty-eight hours specified tn sub-

section (1), Sundays and other public holidays shall be excluded.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

371

(4) Subject to the provisions of this Act, the Central Government

may make rules providing for the manner in which and the period for

which any person subject to this Act may be taken into and detained

in Coast Guard custody, pending the trial by any competent authority

for any offence committed by him.

61. Whenever any person subject to this Act, who is accused of an

offence under this Act, is within the jurisdiction of any Magistrate

or police officer, such Magistrate

or police

officer shall aid

in the

apprehension and delivery to Coast Guard custody of such person upon

receipt of a written application to that effect signed by his Commanding

Officer or an officer authorised by the Commanding

Officer

that

behalf.

62. (1) Whenever any person subject to this Act deserts, the

Com-

manding Officer of the

unit or ship to which he belongs, shall

give

information of the desertion to such civil authorities as, in his opinion,

may be able to afford assistance towards the capture of the deserter;

and such authorities shall thereupon take steps for the apprehension

of the said deserter in like manner as if he was a person for whose

apprehension a warrant had been

issued by a Magistrate,

and shall

deliver the deserter, when apprehended, into Coast Guard custody.

(2) Any police officer may arrest without warrant any person reason-

ably believed to be subject to this Act, and to be a deserter or to be

travelling without authority, and shall bring him without delay before

the nearest Magistrate, to be dealt vvith according rto law.

63. (1) The Director-General or any prescribed officer may appoint

persons for discharging the functions specified in

sub-sections (2) and

(3).

(2) The duties of a person appointed under sub-siection (?), arc to take

charge of persons confined for any offence, to preserve good order and

discipline and "to prevent breaches of the same by persons serving in,

or attached to, the Coast Guard.

(3) Notwithstanding anything contained in section 59, a person ap-

pointed under sub-section (1) may, at any time, arrest and detain for

trial any person subject to this Act who commits, or is charged with, on

offence, and may also carry into effect any punishment to be inflicted! in

pursuance of a sentence awarded by a Coast Guard Court or by an officer

exercising authority under section 57 but shall not inflict any punishment

on his own authority:

Provided that no officer shall be so arrested or detained otherwise than

on the order of another officer.

CHAPTER VII

COAST GUARD COURTS

64. (1) A Coast Guard Court may be convened by the Central Govern-

ment or the Director-General or by any officer empowered in this behalf

by warrant of the Director-General (hereafter in this Act referred to

as the convening authority).

(2) A warrant issued under sub-section (1) may contain ,uch restric-

tions, reservations or conditions as the Director-General may think fit.

Arrest

by civil

autho.

rities.

Capture of

d ^sorters.

Coast

Guard

police

officers.

Fcnver to

convene

a Coast

Gunrd

Court.

372

THE GAZETTE Or INDI<\ EXTRAORDINARY

[PART II—

Composi-

tion of

Coast

Guard

Courts.

65. (1) A coast Guard Court shall consist of not less than five officers

each of whom has held the post of Assistant Commandant for not less

than three years.

Explanation.—For the purposes of this sub-section "Assistant Com-

mandant" includes any post of a higher rank and any post declared by

the Central Government by notification to be an equivalent post asi also

any posit higher in rank, than the post so declared.

(2) At every Coast Guard Court, the senior member shall be the pre-

siding officer.

(3) A Coa&t Guard Court shall not be duly constituted unless the

members thereof are drawn from at least two ships.

(4) No Coast Guard Court for the trial of an officer shall be duly

constituted unless the presiding officer and at least two members of the

court are of the same rank as the accused or of a higher rank,

66. (1) If a Coast Guard Court after the commencement of a trial is

reduced below the minimum number of officers required by this Act, it

shall be dissolved,

(2) If, on account of the illness of the Law Officer or of the accused

before the finding, it is Impossible to continue the trial, a Coast Guard

Court shall be dissolved.

(3) The convening authority of a Coast Guard Court may dissolve the

same if it considers that the exigencies of the service or necessities

of discipline render it impossible or inexpedient to continue the said Coast

Guard Court.

(4) Where a Coast Guard Court is dissolved under this section, the

accused may be tried again.

67. Every Coast Guard Court shall have the power to try any person

subject to this Act for any offence punishable thereunder and to pass any

sentence authorised thereby.

68. (1) When any person subject to this Act has been acquitted

convicted of an offence by a Coast Guard Court or by a criminal court or

has been dealt with under section 57, he shall not be liable to be tried

again for the same offence by a Coast Guard ~Court or dealt with under

the said section.

(2) When any peison, subject to this Act, has been acquitted or con-

victed of an offence by a Coast Guard Court or has been dealt with under

section 57, he shall not be liable to be tried again by a criminal court for

the same offence or on the same facts.

69. (1) When a person subject to this Act is sentenced by a Coast

Guard Court to imprisonment, this Act shall apply to him during the

term of his sentence, though he is dismissed from the Coast Guard, or

hasl otherwise ceased to be subject to this Act, and he may be kept, re-

moved, imprisoned and punished as if he continued to be subject to this

Act

Dissolu-

tion of a

Coast

Guard

Court.

Powers of

a Coast

Guard

Court.

Prohibi-

tion of

second

trial.

Applica-

tion of Act

during

term of

sentence.

SEC. 1]

THE GAZETTE OF 1NDLN EXTRAORDINARY

373

(2) When a person subject to this Act is sentenced by a Coast Guard

Court to death, this Act shall apply to him till the ar nt»nce ia carried out.

70. A Coast Guard Court may be held on shore or afloat.

71. When a criminal court and a Coast Guard Court have each juris-

diction in respect of an offence, it shall be in the discretion of the Director-

General or the Inspector-General or the Deputy Inspector-General with-

in whose command the accused person is serving or such other officer as

may be prescribed, to decide before which court the proceedings shall be

instituted, and, if that officer decides that they shall be instituted before

a Coast Guard Court, to direct that the accused person shall be detained

in Coast Guard custody,

72. (1) When a criminal court having jurisdiction is of opinion that

proceedings shall be instituted before itself in

respect of any

alleged

offence, ijt may, by written notice, require the officer referred to in sec-

tion 71 at his option either to deliver over the offender to the nearest

Magistrate to be proceeded against according to law, or to postpone pro-

ceedings, pending a reference to the Central Government.

(2) In every such case, the said officer shall either deliver over

the

offender in compliance with the requisition, or shall

forthwith

refer

the question as to the court before which the proceedings are to

instituted, for the determination of the Central

Government

whose

order upon such reference shall be final.

Place of

trial.

Choice

between

Lnmlnal

court and

Coast

Guard

Court.

CHAPTER VIII

PROCEDURE OF COAST GUARD COURTS

73. Every Coast Guard Court shall be attended by a Law Officer, or

if no such officer is available, an officer approved by the

Chief

Law

Officer or a Law Officer.

74. (1) At all trials by a Coast Guard Court, as soon as the court is

assembled, the names of the presiding officer and members shall be read

over to the accused, who shall thereupon be asked whether he objects

to being tried by any officer sitting on the court.

(2) If the accused objects to such officer, his objection and also the

reply thereto of the officer objected to shall be heard and recorded, and

the remaining officers of the court shall, in the absence of the challeng-

ed officer, decide on the objection

(3) If the objection is allowed by one-half or more of the votes of

the members entitled to vote, the objection shall be allowed, and the

member objected to shall retire, and his vacancy may be filled in the

prescribed manner, by another officer subject to the same right of the

accused to object.

(4) Where-no challenge is made, or when a challenge has been made

and disallowed, or the place of every officer successfully challenged has

been filled by another officer to whom no objection is made or allowed,

the court shall proceed with the trial.

Power of

criminal

court to

require

delivery of

offender.

Law Offi-

cer.

Challen-

ges.

374

THE GAZETTE OF INDIA EXTBAOHDINARY

[PATIX II—

Oaths of'

member,

Law

Officer

and wit-

ness.

Voting by

members.

75. (1) An oath or affirmation in the prescribed

manner shall be

administered to every member of a Coast Guard Court and to the Law

Officer or, as the case may be, the officer approved

under

section 73,

before the commencement of the trial.

(2) Every officer giving evidence before a Coast Guard Court

shall

be examined after being duly sworn or affirmed in the prescribed form.

(3) The provisions of sub-section (2) shall not apply where the wit-

ness is a child under twelve years of age and the Coast Guard Court is

of opinion that though the witness understands the duty of speaking the

truth, he does not understand the nature of an oath or affirmation.

76. (1) Subject to the provisions of sub-sections (2) and (3), every

decision of a Coast Guard Court shall be passed by an absolute majority

of votes; and where there is an equality of votes on either the finding or

the sentence, the decision shall be in favour of the accused.

(2) No sentence of death shall be passed by a Coast

Guard

Court

without the concurrence of at least two-thirds of the members of the

court.

(3) In matters, other than a challenge or the finding or sentence, the

presiding officer shall have a casting vote.

77. The Indian Evidence Act, 1872, shall, subject to the provisions of

this Act, apply to all proceedings before a Coast Guard Court.

78. A Coast Guard Court may take judicial notice of any matter with-

in the general knowledge of the members as officers of the Coast Guard.

79. (1) The convening authority, the presiding officer of a Coast Guard

Court, the Law Officer or, as the case may be, the officer approved under

section 73 or the Commanding Officer of the accused person may, by

summons under his hand, require the attendance, at a time and place to

be mentioned in the summons, of any person either to give evidence or

to produce any document or other thing.

(2) In the case of a witness who is subject to this Act3 the summons

shall be sent to his Commanding Officer and such officer shall serve it

upon him accordingly.

(3) In the case of any other witness, the summons shall be sent to the

Magistrate within whose jurisdiction he may be, or resides, and

such

Magistrate shall give effect to the summons as if the witness were r e

quired in the court of such a Magistrate,

(4) When a witness is required to produce any particular document

or other thing in his possession or power, the summons shall describe

it with reasonable precision.

80. (I) Nothing in section 79 shall be deemed to affect the operation

of sections 123 and 124 of the Indian Evidence Act, 1872, or to apply to

any letter, post card, telegram or other document in the custody of the

postal or telegraph authorities.

General

rule as to

evidence.

Judicial

notice.

Summon-

ing of

witnesses,

1 of 1872.

Docu-

ments

exempted

from pro.

duction,

1 of 1872.

THE GAZETTE OF INDIA EXTRAORDINARY

375

SEC. 1]

(2) If any document in such custody is, in the opinion of any Chief

Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or

High Court, wanted for the purpose of any Coast Guard Court, such

Magisitrate or Court may require the postal or telegraph authorities, as the

case may be, to deliver such document to such person as such Magistrate

ur Court may direct,

(j) If any such document is, in the opinion of any other Magistrate

or oi any Commissioner of Police or District Superintendent of Police

Wanted for any such purpose, he may require the postal or telegraph

authorities, as the case may be, to cause such search to be made for, and

to detain such document pending the orders of any such Chief Judicial

Magistrate, Chief Metropolitan Magistrate, Cour,t of Session or High

Court.

81. (1) Whenever, in the course of a trial by a Coast Guard Court, it

appears to the court that the examination of a witness is necessary for

the ends of justice, and that the attendance of such witness cannot be

procured (Without an amount of delay, expense or inconvenience which,

In the circumstances of the case, would be unreasonable, such court may

address the Chief Law Officer in order that a commission to take the evi-

dence of such witness may be issued-

(2) The Chief Law Officer may then, if he thinks necessary, issue a

commission to any Metropolitan Magistrate or Judicial Magistrate of the

lirst class, within the local limits of whose jurisdiction such witness re-

sides, to take the evidence of such witness.

(3) The Magistrate to whom the commission is issued, or, if he is the

Chiei' Metropolitan Magistrate or Chief Judicial Magistrate, he or such

iMetiopolitan Magistrate or Judicial Magistrate of the first class as he

appoints in this behalf shall proceed to the place where the witness is,

or snail summon the witness before him and shall take down his evidence

in the same manner, and may, for this purpose, exercise the same powers,

as in the trials of warrant-cases under the Code of Criminal Procedure,

1973.

(4) When the witness resides in any place outside India, the commis-

sion may be issued in the form and manner specified in sub-section

(3) of section 285 of the Code of Criminal Procedure, 1973.

83. (1) The prosecutor and the accused person in any case in which

a commission is issued under section 81 may respectively forward any

interrogatories in writing which the court may think relevant to the

issue, and the Magistrate executing the commission shall examine the

witness upon such interrogatories.

(2) The prosecutor and the accused person may appear* before such

Magistrate by counsel, or except in the case of an accused person in cus-

tody, in person, and may examine, cross-examine and re-examine, as

the case may be, the said witness.

(3) After a commission issued under section 81 has been duly execut-

ed, it shall be returned together with the deposition of the witness exa-

mined thereunder to the Chief Law Officer.

2 of 1974.

Commis-

sions for

examina-

tion of

witnesses.

Examina-

tion of a

witness

on com-

mission.

*7$

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Alterna-

tive find-

ings.

Presump-

tion as to

signatures.

Enrolment

paper.

Presump-

tion as

to certain

docu-

ments.

(4) On receipt of a commission, and deposition returned under suh-

section (3), the Chief Law Officer shall forward the same to "the Coast

Guard Court at whose instance the commission was issued or, if such

court has been dissolved, to any other court convened for the trial of the

accused person; and the commission, the return thereto and the deposi-

tion shall be open to inspection by the prosecutor and the accused person,

and may, subject to all just exceptions, be read in evidence in the case

by either the prosecutor of the accused, and shall form part of the pro-

ceedings of the court.

(5) In every case in which a commission is; issued under section 81,

the trial may be adjourned for a specified time reasonably sufficient for

the execution and return of the commission.

83. If an accused is charged before a Coast Guard Court with one

offence and it appears in evidence that he committed a different offence,

he may be convicted of the offence which he is shown to have committed

although he wasⁿot charged with it.

84. In any proceeding under this Act, any application,

certificate,

warrant, reply or other document purporting to be signed by an officer

in the service of the Government shall, on production, be presumed to

have been duly signed by the person by whom and in the character in

which it purports to have been signed, until the contrary is shown.

85. (1) Any enrolment paper purporting to be signed by an enrolling

officer shall, in proceedings under this Act, be evidence of the person

enrolled having given the answers to questions which he is therein re-

presented as having given.

(2) The enrolment of such person may be proved by the production

of the original or a copy of his enrolment pap'er purporting to be certified

to be a true copy by the officer having the custody of the enrolment paper.

86. (J) A letter, return or other document respecting the service of

any person in, or the dismissal or discharge of any person from, any unit

or ship' of the Coast Guard, or respecting the circumstances of any person

not having served in, or belonged to, any unit or ship, if purporting to be

signed by or on behalf of the Central Government or the Director"-Gene-

ral, or by any prescribed officer, shall be evidence of the facts stated in

such letter, return or other document.

(2) A Coast Guard list or Gazette purporting to be published by au-

thority shall be evidence of the status and rank of the officers therein

mentioned, and of any appointment held by them and of the unit or ship

of the Coast Guard, to which they belong.

(3) Where a record is made in the books of a ship in pursuance of

this Act or any rule or otherwise in the discharge of official duties, and

purports to be signed by the Commanding Officer or by the officer whose

duty it is to make such record, such record shall be evidence of the facts

therein stated.

(4) A copy of any record in the books of a ship purporting to b«

certified to be a true copy by the officer having custody of such books

shall be evidence of such record,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

377

(5) Where any person subject to this Act is being tried on a charge

of desertion or o£ absence without leave, and such person has surrender-

ed himself into the custody of any officer or other person subject to this

Act or any unit or ship of the Coast Guard, or has been apprehended by

such officer or person, a certificate purporting to be signed by such officer,

or by the Commanding Officer of the unit or ship to which such person

oeiongs, as the case may be, and stating the fact, date and place of

such surrender or apprehension, and the manner in which he was dressed

shall be evidence of the matters so stated.

(6) Where any person subject to this Act is being tried on a charge

of desertion or of improperly leaving a ship or of absence without leave

and such person has surrendered himself into the custody of, or has been

apprehended by, a police officer not below the rank;

of an officer in

charge of a police station, a certificate purporting to be signed by such

police officer and stating the fact, date and place of such surrender or

apprehension and the manner in which he was dressed shall be evidence

of the matters so stated.

(7) Any document purporting to be a report under the hand of

Chemical Examiner

or Assistant Chemical Examiner to

Government

upon

any matter or thing duly submitted to him for examination or

analysis and report, may be used as evidence in any proceeding under

this Act.

Explanation.—In this section, the term "books of a ship" shall include

any official book, document or list purporting tq contain the name or

names of persons appointed to the ship.

87. (I) When any person subject to this Act has been convicted by a

Coast Guard Court of any offence, such court may inquire into, and

receive, and record evidence of any previous convictions of such person,

either by a Coast Guard Court or by a criminal court, or any previous

award of punishment under section 57, and may further inquire

into

and record the general character of such person and such other matters

as may be prescribed.

(2) Evidence received under this section may be either oral, or in

the shape of entries in, or certified extracts from, books of Coast Guard

Courts or other official records; and it shall not be necessary to give notice

befcre trial to the person tried, that evidence as to his previous convic-

tions or character will be received.

88. (1) Whenever, in the course of a trial by a Coast Guard Court,

it appears to the court that the person charged is by reason of unsound-

ness of mind incapable of making his defence, or that he committed the

act alleged but was by reason of unsoundness of mind incapable

knowing the nature of the act or knowing that it was wrong or contrary

to law, the court shall record a finding accordingly.

(2) The presiding officer of the Coast Guard Court shall forthwith

report the case to the convening authority.

(3) The convening authority to whom the finding of a Coast Guard

Court iss reported under sub-section (2) shall order the accused person

to be kept in custody in the prescribed manner and shall report the case

for the orders of the Central Government.

Evidence

ol previ-

ous con-

victions

and

general

character.

Lunacy of

accused.

378

THE GAZETTE OF INDIA EXTRAORDINARY

LPAHT 11—

Subse.

quent

fitness of

lunatic

accused

for trial.

Transmis-

sion to

Central

Govern-

ment of

orders

under

section 89.

Release of

lunatic

accused.

Delivery

of lunatic

accused to

relatives.

(4) On receipt of a report under sub-section (3), the Central Govern-

ment may order the accused person to be detained in a lunatic asylum

or other suitable place of safe custody.

89. Where any accused person, having been found by reason of un-

soundness of mind to be incapable of making his defence, is in custody

or under detention under section 88, any officer prescribed in this behalf,

may,—

(o) if such person is in custody under sub-section (3) of section

88, on the report of a medical officci

that he is capable of making

his defence, or

(t>) if such person is detained in jail under sub-section (4) of

section 88, on a certiflcaite of the Inspector-General of Prisons, and

if such person is detained m a lunatic asylum under the said sub-

section, on a certificate of any two or more of the visitors of such

asylum and if- he is detained in any other place under

that

sub-

section, on a certificate of the prescribed authority, that he is capable

of making his defence,

take steps to have such person tried by the same or another

Coast

Guard Court for the offence with which he was originally chai'ged, or,

if the offence is a civil offence, by a criminal court.

90. A copy of every order made by an officer under section 89 for the

trial of the accused shall forthwith be sent to the CentraT Government.

91. Where any person is in custody under sub-section (3) of section

88 or under detention under sub-section (4) of that section,—

(a) if such person is in custody under the said sub-section (3),

on the report of the medical officer, or

(b) if such person is detained under the said sub-seofton (4),

on a certificate from any of the authorities mentioned in clause (b)

of section 89 that in the judgment of such officer or authority such

person may be released without danger of his doing injury to him-

self or to any other person,

the Central Government may order that such person be released or

detained in custody, or transferred to a public lunatic asylum if he has

not already been sent to such asylum.

92. Where any relative or friend oi any person who is m custody under

sub-section (3) of section 88 or under detention under subjection (4)

of that section desires that he should be delivered to his care and custody,

the Central Government may, upon application by such relative or friend

and, on his giving security to the satisfaction of that Government

that

the person delivered shall be properly taken care of,

and,

prevented

from doing injury to himself or to any other person, and be produced for

the inspection of such officer, and at such times and places, as the Cen-

tral Government may direct, order such person to be delivered to such

relative or friend.

SEC. ]]

THE GAZETTE OF INDIA EXTRAORDINARY

379

&3. When any property regarding which, any offence appears to have

been committed, or which appears to have been used for the commission

of any offence, is produced before a Coast Guard Court duiing a trial,

the court may make such order as it thinks fit for the proper cusltody of

such property pending the conclusion of the trial, and if the property is

subject to speedy or natural decay may, after recording suohl evidence

as it thinks necessary, order it to be sold or otherwise disposed of.

94. (1) After the conclusion of a trial before a Coast Guard Court,

an officer not below the rank of a Deputy Inspector-General within whose

command the trial was held, may make such order as he thinks fit for the

disposal by destruction, confiscation, delivery to any person claiming to be

entitled to possession thereof, or otherwise, of any property or document

produced before the courtt or in its custody, or regarding which any

offence appears to have been committed or which has been used Cor the

commission of any offence.

(2) Where any order has been made under sub-section (1) in respect

of property regarding which an offence appears to have been committed,

a copy of auch order signed and certified by the authority making! ithe

same may, whether the trial was held wiithin India or not, be sent to a

Magistrate within whose jurisdiction such property for the time being

is situated, and such Magistrate shall thereupon cause the order to be

carried out into effect as if it were an order passed by him under the

provisions ofl the Code of Criminal Procedure, 1973.

(3) In this section, the term "property" includes, in the case of pro-

perty regarding which an offence appears to have been committed, not

only such property as has been originally in the possession or under the

control of any person, but also any property into or for which the same

may have been converted or exchanged, and anything acquired by such

conversion or exchange whether immediately or otherwise.

95. Any trial bv a Coast Guard Court under the provisions of this Act

shall be deemed to be a judicial proceeding within the meaning of sec-

tions 193 and 22S of the Indian Penal Code and the Coast Guard Court

shall be deemed to

a court

within

the meaning

of sec-

tions 345 and 346 of the Code of- Criminal Procedure, 1973.

CHAPTER IX

EXECUTION AND SUSPENSION OP SENTENCES

%. Tn nwarding a sentence of death, a CcJast Guard Court shall, in its

discretion, direct thai the offender shall suffer d^ath' bv be-in.¹? hinped by

1he neck until he be dead or shall suffer death by being shot to death.

f>7. A person sentenced to death may be detained in Coast Guard

ru^torly or TO.IV be removed to a civiil prison to be Verrt in rusitiodv until

further orders are received from the Central Government, the Director-

G-enrrai or thf convening authority of the Coast Guard Court by which

Vi" was sentenced 1o clea'th or other prescribed office¹", anH th^ orrlpri of

the Central Government, thp Director-General or the convening autho-

rity or such offio°r shall V¹ sufficient warrant for detaining; the person in

fij^toclv

2 of 1974.

45 of 1860.

? of 1974.

Order for

custody

and dis-

posal of

property

pending

trial.

Order for

disposal of

property

regarding

which

offence

is com-

mitted.

Powers

of Coast

Guard

Court in

relation

to pro-

ceedings

under

this Act.

Form of

sentence

at death.

Interim

custody

until exe.

cution of

sentence

of death.

33o

THE GAZETTE OF INDIA EXTRAORDINARY

[PABT II—

Execution

of sentence

of death.

Com-

mence-

ment of

sentence

of impri-

sonment

or deten-

tion.

Execu-

tion of

sentence

of impri-

sonment.

Tempo-

rary

custody of

offender.

Convey.

anceof

prisoner

from

place to

place.

Commu-

nication

of cer-

tain

orders

to prison

officers.

Execu-

tion of

sentence

of fine.

ftiforma-

lity or

error

In the

order or

warrant,

98. (1) When a sentence of death is to be executed, the

Director-

s General or the convening authority or the prescribed officer

shall give

directions as to the time, place and manner in which such sentence is to

be carried out and the order of such officer or authority in the prescribed

form shall be sufficient warrant for the execution of such sentence.

(2) There shall be attached to the prescribed form, an order of the

Central Government certifying the confirmation of the sentence by the

Central Government.

99. Whenever any person is sentenced under this Act to imprisonment

or detention, the term of the sentence shall be reckoned to commence on

the date on which the sentence was awarded,

100. (2) Whenever any sentence of imprisonment is passed under this

Act or whenever any sentence of- death is commuted to imprisonment,

the presiding officer of the Coast Guard Court which passed the sentence

or such other officer as may be prescribed shall direct that the sentence

shall be carried out by confinement in a civil prison.

(2) When a direction has been made under sub-section (1), the Com-

manding Officer of the person under sentence or such, other officer as may

be prescribed! shall forward a warrant in the prescribed

form to the

officer in charge of the prison in which such person is to be confined and

shall arrange for his despatch to such prison with the warrant.

101. Where a sentence of imprisonment is directed to be undergone in

a civil prison, the offender may be kept in Coast Guard custody or in any

other fit place, till such time as it is possible to send him to a civil prison.

102p A person under sentence of imprisonment may during his con-

veyance from place to place, or when on board a ship, aircraft or other-

wise, be subject to such restraint as is necessary for his safe conduct and

removal.

103. Whenever an order is duly made under this Act setting aside

or varying any sentence, order or warrant under which any person is

confined m a civil prison, a warrant in accordance with such order shall

be forwarded by the officer making the order or his staff officer or such

person as may be prescribed, to the officer

in charge of the prison in

wh'ich such person is confined.

104. When a sentence of fine is imposed by a Coast

Guard

Court

under section 53, a copy of such sentence* signed and certified by the

presiding officer cf the court may be sent to any Magistrate in India and

such Magistrate shall thereupon cause the fine to be recovered in accord-

ance with the provisions of the Code of Criminal Procedure, 1973, as if it

were a sentence of fine imposed by such Magistrate.

105. Whenever any person is sentenced to imprisonment under this

Act, and is undergoing the sentence in any place or manner in which

he might be confined under a lawful order or warrant in pursuance

of this Act, the confinement of such person shall not be deemed

be illegal only by reason of any informality or error in, or as respentf

2 of 1974,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

381

the order, warrant or other document, or the authority by which, or

in pursuance whereof such person was brought into, or is confined

any such place, and any such order, warrant

or document

may

amended accordingly.

106. Whenever a sentence is passed by a Coast Guard Court on a

person already under sentence either of imprisonment

detention

passed on him under this Act for a former offence,

the court may

award a sentence of imprisonment or detention for the

offence

for

which he is under trial to commence at the expiration of the sentence

of imprisonment or detention to which he has been previously sentenced:

Provided that so much of any term of detention imposed on a person

by a sentence in pursuance of this section as will prolong

the total

lerm of detention beyond two years shall be deemed to be remitted.

107. (2) Where a person subject to this Act is sentenced to imprison-

ment or detention, the

Central Government, the Director-General, the

Commanding Officer imposing the sentence or any prescribed

officer

may suspend the sentence whether or not the offender has

already

been committed to prison or to Coast Guard custody.

(2) The authority or officer specified in sub-section (1) may,

the case of an offender so sentenced, direct that until the orders of such

authority or officer have been obtained,

the offender

shall not

committed to prison or to Coast Guard custody.

(3) The powers conferred by sub-sections (1) and (2) may be exercisi-

ed jn the case of any such sentence which, has been reduced or commuted.

108. Where a sentence is suspended under section

107, the offender

shall forthwith be released from custody.

109. Any period during which the sentence is under suspension shall

be reckoned as part of the term of such sentence,

110. The authority or officer specified in section 107 may, at any time

while a sentence is suspended, order—

(a) that the offender be committed to undergo the unexpired

portion of the sentence; or

(b) that the sentence be remitted.

Hi. (1)' Where a sentence has been suspended, the case may at any

time, and shall at intervals of not more than four months, be reconsi-

dered by the authority or officer

specified in section 107, or by any

officer not below the rank of a Deputy Inspector-General duly authorised

by the authority or officer specified in section 107.

(2) Where on such reconsideration by the officer so authorised it

appears to him that the conduct of offender since his conviction

has

been such as to justify a remission of the sentence, he shall refer the

matter to the authority or officer specified in section 107-

Impri-

sonment

or deten-

tion of

offender

already

under

sentence.

Suspen-

sion of

sentence

of im-

prison-

ment or

detention.

Release

on sus-

pension.

Compute-

tion of

period of

suspen-

sion.

Order

after

suspen-

sion.

Reconsi-

deration of

case after

suspension

382

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II--

Fresh

sentence

after

suspen-

sion.

Scope of

power of

suspen-

sion.

Effect of

suspen-

sion aiid

remission

on dis-

missal,

Appoint-

ment of

Chief

Law Offi-

cer and

Law

Officers.

112. Where an offender, while a sentence on him is suspended under

this Act, is sentenced for any other offence, then—

(a) if the further sentence is also suspended under this Act,

the sentence shall run concurrently;

(b) if the further sentence is for a period of three months or

more and is not suspended under this Act, the offender shall also

be cqmmitted to prison or Coast Guard custody for the unexpired

portion of the previous sentence, but both sentences shall run

concurrently; and

months and is not suspended under this Act, the offender shall be

so committed on that sentence only, and the previous sentence

shall, subject to any order which may be passed under section 110

or section 111 continue to be suspended.

113. The powers' conferred by sections 107 and 110 shall be in addition

to, and not in derogation of, the power of mitigation, remission and

commutation.

114. (1) Where in addition to any other sentence, the punishment

of dismissal has been awarded under this Act and such other sentence

is suspended under section 107, then, such dismissal shall not take

effect until so ordered by the authority or officer specified in section

107.

(2) If such other sentence is remitted under section HO, the punish-

CHAPTER X

CHIEF LAW OFFICER ANT> LAW OFFICERS

115. (1) There shall be appointed by the Central Government, a

Chief Law Officer and as many Law Officers as the Central Government

may deem necessary.

(2) A person shall not be qualified for appointment as Chief Law

Officer unless he—

(a) is a citizen of India; and

(b) has for at least ten years held a judicial office in the terri-

tory of India; or

or two or more such Courts in succession:

Provided that the Central Government may, if it is of opinion that it

is necessary or expedient so to do in the exigencies of service, relax, for

reasons to be recorded in writing, 'the qualification specified in clause (b)

or clause (c) in respect of any person.

(3) A person shall not be qualified for appointment as Law Officer

unless he—

(a) is a citizen of India, and

&EC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

3*53

(b) is qualified for enrolment as an advocate of a High Court.

Explanation.—For the purposes of this section,—

(a) in computing the period during which a person has

been

an advocate of a High Court, there shall be included' any peri|od

during which the person has held a judicial office after he became an

advocate;

(b) the expression "judicial office" shall be deemed to include

the post of Law Officer.

116. (1) It shall be the duty of the Chief Law Officer to perform such

duties of a legal and judicial character pertaining to the Coast Guard

as may, from time to time, be referred or assigned to him by the Central

Government or the Director-General, and to discharge

the

functions

conferred on him by or under this Act.

(2) The functions of the Chief Law Officer shall, in his absence or

otherwise, be performed by such Law Officer as may be designated in this

behalf by the Director-General.

Functions

of Chief

Law Offi-

cer.

CHAPTER XI

JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COTJBTS

117, (1) All proceedings of trials by Coast Guard Courts shall be re-

viewed by the Chief Law Officer either on his own motion or on appli-

cation made to him within the prescribed time by any person aggrieved

by any sentence or finding, and the Chief Law Officer shall transmit the

report of such review together

with

such

recommendations as may

appear to him just and proper to the Director-General for his considera-

tion and for such action as the Director-General may think fit.

(2) Where any person aggrieved has made an application under sub-

section (1), the Chief Law Officer may, if the circumstances of the case

so require', give him an opportunity of being heard either in person or

through a legal practitioner or an officer of the Coast Guard.

118. (1) On receipt of the report and recommendations, if any, under

section 117, the Director-General shall in all cases of sentences of death,

and in all cases where the Coaat Guard Court is convened by the Central

Government, and may, in other cases, transmit the proceedings and the

report to the Central Government together with such recommendations

as he may deem fit to make.

(2) Nothing in section 117 or this section shall authorise the Chief

Law Officer or the Director-General to make any recommendation for

setting aside, or the Central Government to set aside, an order of acquit-

tal passed under this Act

Judicial

review

by the

Chief

Law Offi-

cer.

Conside-

ration b5

the Di-

rector-

General

3»4

THE GA3ETTE OF INDIA EXTRAORDINARY

[PAHT J.I-

CHAPTER XII

MODIFICATION OF FINDINGS AND SENTENCES, PARDONS,

COMMUTATION

AND REMISSION OF SENTENCES

119. Any person subject to this Act who considers himself aggrieved

by a iinding or sentence of any Coast Guaid Court may present a peti-

tion to the Central Government

to the Directoi-General, and the

Cential Government or the Director-General, as the case may be, may

pass such orders thereon as it or he may think fit.

120. (1) Where any person is tried under the provisions of this Act,

the Central Government oi the Director-General may, in the case of a

conviction,—

(a) set aside the finding and sentence and acquit or discharge

the accused or order him to be re-tried; or

(b) alter the finding without modifying the sentence if such

sentence may be legally passed on the altered finding; or

or commute the punishment awarded for any punishment inferior

in scale; or

(d) either with or without conditions, pardon the person or

remit the whole or any part of the punishment awarded; or

(e) with or without conditions release the person on parole:

Provided that a sentence of imprisonment shall not be commuted for

a sentence of detention for a term exceeding the term of imprisonment

awarded:

Provided further that nothing in this sub-section shall authorise the

Central Government or the Director-General to enhance the sentence.

(2) Any sentence modified under the provisions of sub-section (1)

shall be carried into execution as if it had been originally passed.

(3) If any condition on which a person has been pardoned or has been

released on parole or a punishment has been remitted is in the opinion of

the authority which granted the pardon, release or remission not ful-

filled, such authority may cancel the pardon or release or remission and

thereupon the sentence awarded shall be carried into effect as if such

pardon, release or remission had not been granted:

Provided that in the case of a person sentenced to imprisonment or

detention, such person shall undergo only the unexpired portion of the

sentence.

Petitions

to Cen-

tral Gov-

ernment

or Di-

rector-

General

against

findings

and sen-

tences.

Powers

of Cen-

tral Gov-

ernment

aha^DI"

rector-

General

in res-

pect of

findings

and sen-

tences.

SEC. l j

THE GAZETTfl OF iMtSlA gXTRAOHtUNARY

38j

34 of 192U.

7 o£ 1922.

16 of 1939.

31 of 1946

44 of 1958.

52 of 1962,

15 of 1967.

46 of 1973.

80 of 1976.

CHAPTER XIII

MISCELLANEOUS

121. (2) The Central Government may, by general or special order

published in the Official Gazette, direct that, subject to such conditions

and limitations, and within the local limits of such inland area adjoining

the coast of India, as may be specified in the order, any member of the

Coast Guard may,—

(i) for the purpose of prevention of any offence

punishable

under the Passport (Entry into India) Act, 1920, the Emigration

Act, 1922, the Registration of Foreigners Act, 1939, the Foreigners

Act, 1946, the Merchant Shipping Act, 1958, the Customs Act, 1962,

the Passports Act, 1967, the Foreign Exchange Regulation Act, 1973,

or the Territorial Waters, Continental Shelf, Exclusive Economic

Zone and other- Maritime Zones Act, 1976, or of any cognizable

offence punishable under any other Central Act; or

(ii) for the purpose of apprehending any person who has com-

mitted any offence referred to in clause (i),

exercise or discharge such of the powers or duties under that Act or any

other Central Act as may be specified in the said order, being the powers

and duties which, in the opinion of the Central Government, an officer

of the corresponding or lower rank is by that or such other Act em-

powered to exercise or discharge for the said purposes.

(2) The Central Government may, by general or special order pub-

lished in the Official Gazette, direct, with the concurrence of the State

Government concerned, that any of the powers or duties which may be

exercised or discharged under a State Act by a police officer may,

subject to such conditions and limitations, and within the local limits of

such inland area adjoining the coast of India, as may be specified in

the order, be exercised or discharged by a member of the Coast Guard

who, in the opinion of the Central Government, holds a corresponding

or higher rank.

(3) The Central Government may, by general

or special order

published in the Official Gazette, direct that, subject to such conditions

and limitations, and within the local limits of such area in any mari-

time zone of India, as may be specified in the order, any member of

the Coast Guard may,—

(i) for the purpose of prevention of any offence punishable

under any enactment which extends for the time being to such area;

(ii) for the purpose of apprehending any person who has com-

mitted any offence referred to in clause (i),

exercise or discharge such of the powers or duties under that enact-

ment, as may be specified in the said order, being the powers and

duties which, in the opinion of the Central Government, an officer of

the corresponding or lower rank is by that enactment empowered to

exercise or discharge for the said purposes.

Powera

and

duties

confer-

rable and

impos-

able on

members

of the

Coast

Guard.

§86

THE GAZETTE OF INDIA EXTRAORDINARY

[PART tt—

Protec-

tion for

acts o*

member*

of the

Coast

Guard.

Power to

make

rules.

(4) Every order made under this section shall be laid, as soon as may

be after it is made, before each House of Parliament, while it is in session,

for a total period of thirty days which may be comprised in one session

or in two or more successive sessions, and if, before the expiry of the

session immediately

following the

session or the successive sessions

aforesaid, both Houses agree in making any modification in the order or

both Houses agree that the order should not be made, the order shall

thereafter have effect only in such modified form or be of no effect, as

the case may be; so, however, that any such modification or annulment

shall be without prejudice to the validity of anything previously done

under that order.

122. (2) In any suit or proceeding against any member of the Coast

Guard for any act done by him in pursuance of a warrant or order of a

competent authority, it shall be lawful for him to plead that such

act

w^s done by him under the authority of such warrant or order.

(2) Any such plea may be proved by the production of the warrant

or order directing the act, and if it is so proved, the member of the Coast

Guard shall thereupon be discharged from liability in respect of the act

so done by him, notwithstanding any defect in the jurisdiction of

the

authority which issued such warrant or order.

(3) Notwithstanding anything contained in any other law for the time

being in force, any legal proceeding (whether civil or criminal) which

may lawfully be brought ageinst any member of the Coast Guard for

anything done or intended to be done under the powers conferred by,

or in pursuance of any provision of this Act or the rules, shall be com-

menced within three months after the act complained of was committed

and not otherwise, and notice in writing of such proceeding and of the

cause thereof shall be given to the defendant or his superior officer

least one month before the commencement of such proceeding.

123. (1) The Central Government may, by notification, make rules for

the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the fore-

going power, such rules, may provide for,—

(a) the constitution, governance, command and discipline

the Coast Guard;

(b) the enrolment of persons to the

Coast Guard

and

the

recruitment of other members of the Coast Guard;

deductions from pay and allowances)

of members

of the

Coast

Guard;

(d) the rank, precedence, powers 6f command and authority

of the officers, subordinate officers and other- enrolled persons;

(e) the removal, retirement,

release

or discharge from

the

service of officers, subordinate officers and other enrolled persons;

(f) the purposes and other matters required to be prescribed

under section 13;

(g) the additional matters in respect of which the Coast Guard

may undertake measures in the performance of its functions;

(h.) the convening, constitution, adjournment, dissolution and

sittings of Coast Guard Courts, the procedure

to be observed

trials by such courts, the persons by whom

an accused may

defended in such trials and the appearance of such persons thereat;

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

387

(i) the forms of orders to be made under the provisions of this

Act relating to Coast Guard Courts and the awards and infliction

of death, imprisonment and detention;

(j) the carrying into effect of sentences of Coast Guard Courts;

(7c) any matter necessary for the purpose of carrying this Act

into execution, aa far as it relates to the investigation, arrest, custody,

trial and punishment of offences triable or punishable under thlg

Act;

(I) the procedure relating to the exercise of powers under

section 120;

(m) the ceremonials to be observed and marks of respect to be

paid in the Coast Guard;

(n) any other matter which is to be, or may be prescribed or in

respect of which this Act makes rib provision or makes insufficient

provision and provision is, in the opinion of the Central Govern-

ment, necessary for the proper implementation of this Act.

(3) Every rule made under this Act shall be laid, as soon as may be

after it is made, before each House of Parliament, while it is in session,

for a total period of thirty days which may be comprised in one session

or in two or more successive sessions, and if, before the expiry of the

session immediately following the session, or the successive

sessions

aforesaid, both Houses agree in making any modification in the rule or

both Houses agree that the rule should not be made, the rule shall

thereafter have effect only in such modified form or be of no effect,

as the case may be; so, however, that any such modification or annul-

ment shall be without prejudice to the validity of anything previously

done under that rule.

S. HARIHARA IYER,

Secy, to the Govt. of India,

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO HOAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS. DMJ1I,

1978