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Start Free TrialCoast Guard Act, 1978 Chapter VIII
Title: Procedure of Coast Guard Courts
State: Central
Year: 1978
.....the nature of an oath or affirmation. _________________________ 1. Substituted for the words "Every Officer" by the Repealing and Amending Act (19 of 1988), Section 3, Under Schedule (31-3-1988). Section 76 - Voting by members (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-third 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. Section 77 - General rule as to evidence The Indian Evidence Act, 1872, shall subject to the provisions of this Act, apply to all proceedings before a Coast Guard Court. Section 78 - Judicial notice A Coast Guard Court may take judicial notice of any matter within the general knowledge of the members as officers of the Coast Guard. Section 79 - Summoning of witnesses (1) The convening authority, the presiding.....
View Complete Act List Judgments citing this sectionCoast 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.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter II
Title: Constitution of the Coast Guard and Conditions of Service of the Members of the Coast Guard
State: Central
Year: 1978
.....and control of the Coast Guard shall vest in, and be exercised by, the Central Government and subject thereto, and to the provision 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 Inspector-General, Deputy Inspector-General, Commandant and such other officers as may be appointed by the Central Government. Section 6 - Enrolment (1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed. (2) Notwithstanding anything contained in this Act and the rules, every person who has, for a continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on the rolls of the Coast Guard shall be deemed to have been duly enrolled. Section 7 - Liability for service outside India Every member of the Coast Guard shall be liable to serve in any part of India as well as outside India. Section 8 - Oath of allegiance .....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Complete Act
Title: Coast Guard Act, 1978
State: Central
Year: 1978
.....service outside India Section8 - Oath of allegiance Section9 - Resignation and withdrawal from the post Section10 - Tenure of service under the Act Section11 - Dismissal or removal by Central Government and by other officers Section12 - Certificate of termination of service Section13 - Restrictions respecting right to form association, freedom of speech, etc. Chapter III Section14 - Duties and functions of Coast Guard Chapter IV Section15 - Correspondence, etc., with offenders Section16 - Deserting post and neglect of duty Section17 - Mutiny Section18 - Persons on board ship or aircraft seducing Coast Guard personnel from allegiance Section19 - Striking or threatening superior officers Section20 - Disobedience to superior officer Section21 - Ill-treating subordinates Section22 - Quarrelling, fighting and disorderly behaviour Section23 - Certain forms of disgraceful conduct Section24 - Drunkenness Section25 - Desertion and aiding desertion Section26 - Breaking out of ship and absence without leave Section27 - Losing ship or aircraft Section28 - Dangerous unauthorised flying Section29 - Inaccurate certificate Section30 - Low flying and annoyance by flying .....
List Judgments citing this sectionCoast Guard Act, 1978 Amending Act 1
Title: Coast Guard (Amendment) Act, 2002
State: Central
Year: 1978
.....it was issued or made, and the day on which it was withdrawn shall be excluded.". 5. Amendment of section 52 In section 52 of the principal Act, in sub-section (2), for the words "within six months after he has ceased to be subject of this Act", the following shall be substituted, namely:-- "within a period of two years after he has ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where a proceeding in respect of an offence has been stayed by an injunction or order, the period of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn, shall be excluded". 6. Amendment of section 56 In section 56 of the principal Act, after the words and figures "manner stated in section 57", the words, figures and letter "or section 57A" shall be inserted. 7. Insertion of new section 57A After section 57 of the principal Act, the following section shall be inserted, namely:-- 57A. Punishment for officers below the rank of commandant:-(1) The Director-General or an officer not below the rank of Deputy.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 40
Title: Offences Relating to Coast Guard Courts
State: Central
Year: 1978
Any person subject to the 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 required by a Coast Guard Court to be taken or made; or (c) refuses to produce or deliver any document in his power or control legally required by a Coast Guard Court to be produced or deliverd 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 insulting 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 imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 66
Title: Dissolution of a Coast Guard Court
State: Central
Year: 1978
(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 orinexpedient to continue the said Coast Guard Court. (4) Where a Coast Guard Court is dissolved under this section, the accused may be tried again.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 65
Title: Composition of Coast Guard Courts
State: Central
Year: 1978
(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 Commandant" includes any post of a higher rank and any post declared by the Central Government by notification to be an equivalent post as also any post higher in rank than the post so declared. (2) At every Coast Guard Court, the senior member shall be the presiding officer. (3) A Coast 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.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 121
Title: Powers and Duties Conferrable and Imposable on Members of the Coast Guard
State: Central
Year: 1978
.....such of the powers or duties under that enactment, 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. (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.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 4
Title: Constitution of the Coast Guard
State: Central
Year: 1978
(1) There shall be an armed force of the Union called the Coast Guard for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones. (2) Subject to the provisions of this Act, the Coast Guard shall be constituted in such manner as may be prescribed and the conditions of service of the members of the Coast Guard shall be such as may be prescribed.
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