Title : Judicial Review of Proceedings of Coast Guard Courts
State : Central
Year : 1978
(1) All proceedings of trials by Coast Guard Courts shall be reviewed by the Chief Law Officer either on his own motion or on application 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 consideration 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. Section 118 - Consideration by the..... View Complete Act List Judgments citing this sectionTitle : Duties Ana Functions of the Coast Guard
State : Central
Year : 1978
(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 f 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; (c) taking such measures as are necessary to preserve and protect the maritime environment and to prevent and control marine pollution; (d) assisting the customs and other authorities in anti-smuggling operations; (e) enforcing the..... View Complete Act List Judgments citing this sectionTitle : Miscellaneous
State : Central
Year : 1978
(1) 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..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1978
(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 Section 2 - Definitions 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..... View Complete Act List Judgments citing this sectionTitle : Constitution of the Coast Guard and Conditions of Service of the Members 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. Section 5 - Control, direction, etc. (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 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..... View Complete Act List Judgments citing this sectionTitle : Offences
State : Central
Year : 1978
Any person subject to this Act, who,-- (a) treacherously holds correspondence with, or communicates 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 (c) assists the offender in any manner; or (d) having been captured by an offender, voluntarily serves with or aids him, 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. Explanation.-- 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 is the duty of any person subject to this Act to take action; and ..... View Complete Act List Judgments citing this sectionTitle : Coast Guard Court
State : Central
Year : 1978
(1) A Coast Guard Court may be convened by the Central Government or the Director-General or by any officer empowered in this behalf by warrant of the Director-General (here after in this Act referred to as the convening authority). (2) A warrant issued under sub-section (1) may contain such restrictions reservations or conditions as the Director-General may think fit. Section 65 - Composition of Coast Guard Courts (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..... View Complete Act List Judgments citing this sectionTitle : Procedure of Coast Guard Courts
State : Central
Year : 1978
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. Section 74 - Challenges (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 challenged officer, decide on the objection. (3) If the objection is allowed by one-half or more of the votes of the members entitled to..... View Complete Act List Judgments citing this sectionState : Central
Year : 1978
COAST GUARD ACT, 1978 COAST GUARD ACT, 1978 30 of 1978 STATMENT OF OBJECTS AND REASONS. The need for the setting up of a Coast Guard organisation for the purpose of ensuring the safety of navigation in our waters, protection of our off-shore installations and fishing interests, organising salvage and pollution control measures and enforcement of national laws in our maritime zones, including assistance to customs authorities in anti-smuggling operations, has for some time, been acutely felt as the development of these services has not kept pace with the substantial increase in the number of activities in our maritime zones. To meet these demands an interim Coast guard consisting of a few vessels was formed in early 1977 as part of the Indian Navy for exclusive deployment..... List Judgments citing this sectionTitle : Punishments
State : Central
Year : 1978
(1) Punishments may be inflicted in respect of offences committed 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; (c) dismissal from the Coast Guard; (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 of sailors; (f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion; (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..... View Complete Act List Judgments citing this section