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Start Free TrialCoast Guard Act, 1978 Chapter VI
Title: Arrest and Proceedings Before Trial
State: Central
Year: 1978
.....with an offence may be taken into Coast Guard custody, under the order of any superior officer. (2) Notwithstanding anything contained in sub-section (1), an 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. Section 60 - Duty of Commanding Officer in regard to detention (1) It shall be the duty of every Commanding Officer to take care that a person under his command when charged with an offence is 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 a 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 in.....
View Complete Act List Judgments citing this sectionCoast 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.....
List Judgments citing this sectionDelhi Police Act, 1978 Complete Act
State: Delhi
Year: 1978
.....Act, 1955, or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provisions of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959; or (e) of any offence under section 135 of the Customs Act, 1962; or (f) of any offence under section 61, section 63 or section 66, of the Punjab Excise Act, 1955, as in Delhi; or (g) on two or more occasions of an offence under (i) the Opium Act, 1878; or (ii) the Dangerous Drugs Act, 1930; or (iii) the Drugs and Cosmetics Act, 1940; or (iv) section 11 of the Bombay Prevention of Begging Act, 1959, as in force in Delhi; or (h) on three or more occasions of an offence under section 105 or section 107 of this Act, the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such.....
List Judgments citing this sectionDelhi Police Act, 1978 Complete Act
State: Central
Year: 1978
.....XVI or Chapter XVII of the Indian Penal Code, 1860 (45 of 1860)-; or (b) of an offence under Section 3-orSection 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955)-, or under Section 12-of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including Section 12-of that Act in so far as it does not relate to satta gambling); or (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under Section 25-,Section 26-,Section 27-,Section 28-orSection 29 of the Arms Act, 1959 (54 of 1959)-; or (e) of any offence under Section 135 of the Customs Act, 1962 (52 of 1962)-; or (f) of any offence under Section 61,Section 63orSection 66of the Punjab Excise Act, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or (g) on two or more occasions of an offence under- (i)the Opium Act, 1878 (1 of 1878)-; or (ii)the Dangerous Drugs Act, 1930 (2 of 1930); or (iii)the Drugs and Cosmetics Act, 1940 (23 of 1940); or (iv)Section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay Act No. 10 of 1960), as in force in Delhi; or (h) on three or more.....
List Judgments citing this sectionCoast Guard Act, 1978 Chapter IX
Title: Execution and Suspension of Sentences
State: Central
Year: 1978
.....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. Section 112 - Fresh sentence after suspension 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 committed to prison or Coast Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and (c) if the further sentence is for a period of less than three 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. Section 113 - Scope of power of suspension 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......
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter IV
Title: Offences
State: Central
Year: 1978
..... (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 (b) any person or persons engaged in smuggling, unlawful exploration or exploitation or any other unlawful activity in the maritime zones of India. Section 16 - Deserting post and neglect of duty 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. Section 17 - Mutiny 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.....
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Section 105
Title: Informality or Error in the Order or Warrant
State: Central
Year: 1978
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 to be illegal only by reason of any informality or error in, or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or is confined in any such place, and any such order, warrant or document may be amended accordingly.
View Complete Act List Judgments citing this sectionCoast Guard Act, 1978 Chapter XIII
Title: Miscellaneous
State: Central
Year: 1978
.....by The Coast Guard (Amendment) Act, 2002. w.e.f. 12.08.2002. Amending Act 1 - COAST GUARD (AMENDMENT) ACT, 2002 THE COAST GUARD (AMENDMENT) ACT, 2002 [Act, No. 44 of 2002] [12th August, 2002] (As PASSED BY THE HOUSES OF PARLIAMENT) PREAMBLE An Act further to amend the Coast Guard Act, 1978. be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- 1. Short title This Act may be called the Coast Guard (Amendment) Act, 2002. 2. Amendment of section 2 In section 2 of the Coast Guard Act, 1978 (30 of 1978) (hereinafter referred to as the principal Act), in clause (w), for the words "or a Sahayak Engineer", the words", a Sahayak Engineer or a Pradhan Yantrik" shall be substituted. 3. Amendment of section 25 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.....
View Complete Act List Judgments citing this sectionThe Nagaland Essential Services (Maintenance Act, 1978) Complete Act
State: Nagaland
Year: 1978
.....any person may be liable by the terms and condition of his service or employment . Power to arrest without warrant and offences to be non-ballable 8. Cognizable and non-ballable offences Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any Police Officer may arrest without warrant any person who is reasonably suspected of having committed any offence under this Act. All offences under this Act shall be non- bailable. 9. Rar of Legal Proceedings No Suit, prosecution or other legal proceedings shall lie against any person for anything which is, in good faith, done or intended to be done, under this Act or the rules made there under. Nagaland State Acts
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.....
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