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 date1as the Central Government may, by notification in theOfficial 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 LawOfficer 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 thePrisons Act, 1894 (9 of 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 Guard Court" means a court convened under section 64;
(f) "Coast Guard custody" means the arrest or confinement of a member of the Coast Guardaccording to rules;
(g) "Commanding Officer", when used in any provision of this Act with reference to any unit orship of the Coast Guard, means the officer whose duty it is under the rules to discharge with respectto that unit or ship, the functions of a Commanding Officer in regard to matters of the descriptionreferred to in that provision;
(h) "criminal court" means a court of ordinary criminal justice in any part of India;
(i) "Deputy Inspector-General" means a Deputy Inspector-General of the Coast Guard appointedunder section 5;
(j) "Director-General" means the Director-General of the Coast Guard appointed under section 5;
(k) "enrolled person" means a subordinate officer, sailor or other person enrolled under this Act;
(l) "Inspector-General" means an Inspector-General of the Coast Guard appointed undersection 5;
(m) "maritime zones of India" means the territorial waters, the contiguous zone, the continentalshelf, the exclusive economic zone or any other maritime zone of India;
(n) "member of the Coast Guard" means an officer, a subordinate officer, a sailor or otherenrolled person;
(o) "notification" means a notification published in the Official Gazette;
(p) "offence" means any act or omission punishable under this Act and includes a civil offence;
(q) "officer" means a 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 a rule made under this Act;
(t) "sailor" means a member of the Coast Guard other than an officer, a subordinate officer orother enrolled person;
(u) "ship", except in the expression "on board a ship", means a Coast Guard vessel, and includesany establishment or station belonging to, or under the control of, the Coast Guard whether within orwithout India;
(v) "skipper" means a subordinate officer in command of a ship;
(w) "subordinate officer" means a person appointed or in pay as a Pradhan Adhikari, a PradhanSahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, an Adhikari 1[, a SahayakEngineer or a Pradhan Yantrik] of the Coast Guard;
(x) "superior officer", when used in relation to a person subject to this Act, means any officer orsubordinate officer--
(i) who is senior to that person under the rules; or
(ii) who is entitled under this Act or the rules to give a command to that person;
(y) "territorial waters", "contiguous zone", "continental shelf" and "exclusive economic zone",shall have the meanings respectively assigned to them in the Territorial Waters, Continental Shelf,Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);
(z) all words and expressions used and not defined in this Act but defined in the Indian PenalCode (45 of 1860) shall have the meanings assigned to them in that Code.
Section 3 Persons subject to this Act.
(1) The following persons shall be subject to this Act, whereverthey 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 toserve 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 CoastGuard, 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 (1) shall remain so subject until heretires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with theprovisions of this Act and the rules.
Section 4 Constitution of the Coast Guard.
(1) There shall be an armed force of the Union called theCoast Guard for ensuring the security of the maritime zones of India with a view to the protection ofmaritime 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 maybe prescribed and the conditions of service of the members of the Coast Guard shall be such as may beprescribed.
Section 5 Control, direction, etc.
(1) The general superintendence, direction and control of the CoastGuard shall vest in, and be exercised by, the Central Government and subject thereto, and to theprovisions of this Act and the rules, the command and supervision of the Coast Guard shall vest in anofficer 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 suchnumber of Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as maybe appointed by the Central Government.
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