Coast Guard Act, 1978 Chapter I

(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",

(a) Appointed date is 19-8-1978

In thisAct, unless the context otherwise requires,--

(a) "Chief LawOfficer" and "Law Officer" mean, respectively, the Chief LawOfficer and a Law Officer of the Coast Guard appointed under section 115;

(b) "civil offence"means an offence which is triable by a criminal Court.

(c) "civil prison"means any jail or place used for the detention of any criminal prisoner underthe 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 GuardCourt" means a court convened under section 64;

(f) "Coast Guardcustody" means the arrest or confinement of a member of the Coast Guardaccording to rules;

(g) "CommandingOfficer", when used in any provision of this Act with reference to any unitor ship of the Coast Guard, means the officer whose duty it is under the rulesto discharge with respect to that unit or ship, the functions of a CommandingOfficer 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) "DeputyInspector-General" means a Deputy Inspector-General of the Coast Guardappointed under section 5;

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

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

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

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

(n) "member of the CoastGuard" means an officer, a subordinate officer, a sailor or other enrolledperson;

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

(p) "offence" meansany act or omission punishable under this Act and includes a civil offence;

(q) "officer" meansa person appointed or in pay as an officer of the Coast Guard, but does notinclude a subordinate officer, sailor or other enrolled person;

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

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

(t) "Sailor" means amember of the Coast Guard other than an officer, a subordinate officer or otherenrolled person;

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

(v) "skipper" meansa subordinate officer in command of a ship.

(w) "subordinateofficer" means a person appointed or in pay as a Pradhan Adhikari, aPradhan Sahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, anAdhikari ¹ [ora Sahayak Engineer or aPradhan Yantrik] of the Coast Guard;

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

(i) who is senior to thatperson under the rules; or

(ii) who is entitled underthis Act or the rules to give a command to that person;

(y) "territorialwaters", "contiguous zone", continental shelf" and"exclusive economic zone", shall have the meanings respectivelyassigned to them in the Territorial Waters, Continental Shelf, ExclusiveEconomic Zone and other Maritime Zones Act, 1976;

(z) all words and expressionsused and not defined in this Act but defined in the Indian Penal Code shall havethe meanings assigned to them in that Code.

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1.Substituted for "or a Sahayak Engineer" by The Coast Guard (Amendment) Act,2002. w.e.f. 12.08.2002.

(1) The following persons shall be subject to this Act, wherever they may be, namely:--

(a) officers;

(b) subordinate officers and other persons enrolled under this Act;

(c) persons who have, by a general or special order of the Central Government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed; and

(d) persons ordered to be received or being passengers, on board any ship or aircraft of the Coast Guard, to such extent and subject to such conditions as may be prescribed.

(2) Every person referred to in clauses (a) and (b) of sub-section (I) shall remain so subject until he retires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with the provisions of this Act and the rules.