Bare Act Search Results

Coast Guard Act, 1978 Chapter VII

Title: Coast Guard Court

State: Central

Year: 1978

.....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. Section 69 - Application of Act during term of sentence (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 has otherwise ceased to be subject to this Act, and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. (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 sentence is carried out. Section 70 - Place of trial A Coast Guard Court may be held on shore or afloat. Section 71 - Choice between criminal court and Coast Guard Court When a criminal court and a Coast Guard Court have each jurisdiction in respect of an offence, it shall be in the discretion of the Director-General or the Inspector-General or the Deputy Inspector-General within whose command the accused person is serving or such other officer as may be prescribed, to decide before which court the.....

Coast Guard Act, 1978 Complete Act

State: Central

Year: 1978

.....Parliament in the Twenty-ninth Year of the Republic of India as follows CHAPTER 1: PRELIMINARY: SECTION 1: Short title and commencement: (1) This Act may be called The Coast Guard Act, 1978. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint , SECTION 2: Definitions: In this Act, unless the context otherwise requires,- (a) "Chief Law Officer" and "Law Officer" mean, respectively, the Chief Law Officer and a Law Officer of the Coast Guard appointed under (section 115); (b) "civil offence" means an offence which is triable by a criminal Court. (c) "civil prison" means any jail or place used for the detention of any criminal prisoner under (Prisons Act, 1894), or under any other raw for the time being in force; (d) "Coast Guard" means the Coast Guard constituted under this Act: (e) "Coast Guard Court" means a court convened under (section 64); (f) "Coast Guard custody" means the arrest or confinement of a member of the Coast Guard according to rules; (g) "Commanding Officer", when used in any provision of this Act with reference to any unit or ship of the Coast Guard, means the officer whose duty it.....

Coast Guard Act, 1978 Chapter I

Title: Preliminary

State: Central

Year: 1978

.....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. _______________________ 1.Substituted for "or a Sahayak Engineer" by The Coast Guard (Amendment) Act,2002. w.e.f. 12.08.2002. Section 3 - Persons subject to this Act (1) The following persons shall be subject to this Act, wherever they may be, namely:-- (a) officers; (b) subordinate officers and other persons enrolled under this Act; (c) persons who have, by a general or special order of the Central Government, been required to serve in a ship, to such extent and subject to such conditions as may be prescribed; and (d) persons ordered to be received or being.....

Coast Guard Act, 1978 Section 2

Title: Definitions

State: Central

Year: 1978

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

Coast Guard (Amendment) Act, 2002 Section 3

Title: Amendment of Section 25

State: Central

Year: 2002

In section 25 of the principal Act, for sub-section (2), the following shall be substituted, namely:-- "(2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned and in every such case he shall forfeit,-- (a) all pay, salvage, prize money and allowances that have been earned by him; (b) pension and gratuity, medals and decorations that have been granted to him; and (c) all clothes and effects which he may have left on board the ship or the place from which he deserted, unless the Tribunal by which he is tried or the Central Government or the Director-General otherwise directs. Explanation.-- For the purposes of this sub-section, all pay, salvage, prize money and allowances shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him.".

Coast Guard Act, 1978 Section 16

Title: Deserting Post and Neglect of Duty

State: Central

Year: 1978

Any person subject to this Act, who,-- (a) deserts his post; or (b) sleeps upon his watch; or (c) fails to perform, or negligently performs, the duty imposed on him, or (d) wilfully conceals any words, practice or design tending to the hindrance of the Coast Guard. shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

Coast Guard Act, 1978 Section 8

Title: Oath of Allegiance

State: Central

Year: 1978

Every member of the Coast Guard shall, as soon as may be, after appointment or enrolment to the Coast Guard, make and subscribe before his Commanding Officer or other prescribed officer, an oath or affirmation in the prescribed form.

Coast Guard Act, 1978 Section 29

Title: Inaccurate Certificate

State: Central

Year: 1978

Any person subject to this Act who signs any certificate in relation to an aircraft belonging to or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.

Coast Guard Act, 1978 Section 44

Title: Offences Against Good Order and Discipline

State: Central

Year: 1978

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 prejudicial to good order and discipline of the Coast Guard 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.

Coast Guard Act, 1978 Section 57

Title: Minor Punishments

State: Central

Year: 1978

.....the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as 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; (c) detention in Coast Guard Custody for a period not exceeding 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; (j) stoppage of leave for a period 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 of an Inspector-General; and (b) in the case of.....