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The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976

Year of Passage: 1976 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Territorial Waters, ContinentalShelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. (2) Sections 5 and 7 shall come into force on such date1or on such different dates as the CentralGovernment may, by notification in the Official Gazette, appoint; and the remaining provisions of thisAct shall come into force at once.

Section 2 Definition.

In this Act, "limit", in relation to the territorial waters, the continental shelf, theexclusive economic zone or any other maritime zone of India, means the limit of such waters, shelf orzone with reference to the mainland of India as well as the individual or composite group or groups ofislands constituting part of the territory of India.

Section 3 Sovereignty over, and limits of, territorial waters.

(1) The sovereignty of India extends andhas always extended to the territorial waters of India (hereinafter referred to as the territorial waters) andto the seabed and subsoil underlying, and the air space over, such waters. (2) The limit of the territorial waters is the line every point of which is at a distance of twelve nauticalmiles from the nearest point of the appropriate baseline. (3) Notwithstanding anything contained in sub-section (2), the Central Government may, whenever itconsiders necessary so to do having regard to International Law and State practice, alter, by notificationin the Official Gazette, the limit of the territorial waters. (4) No notification shall be issued under sub-section (3) unless resolutions approving the issue ofsuch notification are passed by both Houses of Parliament.

Section 4 Use of territorial waters by foreign ships.

(1) Without prejudice to the provisions of any otherlaw for the time being in force, all foreign ships (other than warships including sub-marines and otherunderwater vehicles) shall enjoy the right of innocent passage through the territorial waters. Explanation.--For the purposes of this section, passage is innocent so long as it is not prejudicial tothe peace, good order or security of India. (2) Foreign warships including submarines and other underwater vehicles may enter or pass throughthe territorial waters after giving prior notice to the Central Government: Provided that submarines and other underwater vehicles shall navigate on the surface and show theirflag while passing through such waters. (3) The Central Government may, if satisfied that it is necessary so to do in the interests of the peace,good order or security of India or any part thereof, suspend, by notification in the Official Gazette,whether absolutely or subject to such exceptions and qualifications as may be specified in the notification,the entry of all or any class of foreign ships into such area of the territorial waters as may be specified inthe notification.

Section 5 Contiguous zone of India.

(1) The contiguous zone of India (hereinafter referred to as thecontiguous zone) is an area beyond and adjacent to the territorial waters and the limit of the contiguouszone is the line every point of which is at a distance of twenty-four nautical miles from the nearest pointof the baseline referred to in sub-section (2) of section 3. (2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever itconsiders necessary so to do having regard to International Law and State practice, alter, by notificationin the Official Gazette, the limit of the contiguous zone. (3) No notification shall be issued under sub-section (2) unless resolutions approving the issue ofsuch notification are passed by both Houses of Parliament. (4) The Central Government may exercise such powers and take such measures in or in relation to thecontiguous zone as it may consider necessary with respect to,-- (a) the security of India, and (b) immigration, sanitation, customs and other fiscal matters. (5) The Central Government may, by notification in the Official Gazette,-- (a) extend with such restrictions and modifications as it thinks fit, any enactment, relating to anymatter referred to in clause (a) or clause (b) of sub-section (4), for the time being in force in India orany part thereof, to the contiguous zone, and (b) make such provisions as it may consider necessary in such notification for facilitating theenforcement of such enactment, and any enactment so extended shall have effect as if the contiguous zone is a part of the territory ofIndia.
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