Bare Acts

CHAPTER XIII MISCELLANEOUS


121. Powers and duties conferrable and imposable on members of the Coast Guard.—(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 (34 of 1920), the Emigration Act, 1922 (7 of 1922), the Registration of Foreigners
Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), the Merchant Shipping Act,
1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the
Foreign Exchange Regulation Act, 1973 (46 of 1973), or the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable
offence punishable under any other Central Act; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in
clause (i),
exercise or discharge such of the powers or duties under that Act or any other Central Act 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 or such other Act empowered to exercise or
discharge for the said purposes.
(2) The Central Government may, by general or special order published in the Official Gazette, direct,
with the concurrence of the State Government concerned, that any of the powers or duties which may be
exercised or discharged under a State Act by a police officer may, 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, be exercised or discharged by a member of the Coast Guard who, in the opinion of
the Central Government, holds a corresponding or higher rank.
(3) 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 area in any maritime
zone 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 any enactment which extends
for the time being to such area; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in
clause (i),
exercise or discharge 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.
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122. Protection for acts of members of the Coast Guard.—(1) In any suit or proceeding against
any member of the Coast Guard for any act done by him in pursuance of a warrant or order of a
competent authority, it shall be lawful for him to plead that such act was done by him under the authority
of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it
is so proved, the member of the Coast Guard shall thereupon be discharged from liability in respect of the
act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such
warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Coast
Guard for anything done or intended to be done under the powers conferred by, or in pursuance of any
provision of this Act or the rules, shall be commenced within three months after the act complained of
was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall
be given to the defendant or his superior officer at least one month before the commencement of such
proceeding.
123. Power to make rules.—(1) The Central Government may, by notification, make rules for the
purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for,—
(a) the constitution, governance, command and discipline of the Coast Guard;
(b) the enrolment of persons to the Coast Guard and the recruitment of other members of the
Coast Guard;
(c) the conditions of service (including service privileges and deductions from pay and
allowances) of members of the Coast Guard;
(d) the rank, precedence, powers of command and authority of the officers, subordinate officers
and other enrolled persons;
(e) the removal, retirement, release or discharge from the service of officers, subordinate officers
and other enrolled persons;
(f) the purposes and other matters required to be prescribed under section 13;
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[(fa) the manner in which proceedings may be initiated under section 57A;]
(g) the additional matters in respect of which the Coast Guard may undertake measures in the
performance of its functions;
(h) the convening, constitution, adjournment, dissolution and sittings of Coast Guard Courts, the
procedure to be observed in trials by such courts, the persons by whom an accused may be defended
in such trials and the appearance of such persons thereat;
(i) the forms of orders to be made under the provisions of this Act relating to Coast Guard Courts
and the awards and infliction of death, imprisonment and detention;
(j) the carrying into effect of sentences of Coast Guard Courts;
(k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to
the investigation, arrest, custody, trial and punishment of offences triable or punishable under this
Act;
(l) the procedure relating to the exercise of powers under section 120;
(m) the ceremonials to be observed and marks of respect to be paid in the Coast Guard;

1. Ins. by Act 44 of 2002, s. 11 (w.e.f. 12-8-2002).
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(n) any other matter which is to be, or may be prescribed or in respect of which this Act makes no
provision or makes insufficient provision and provision is, in the opinion of the Central Government,
necessary for the proper implementation of this Act.
(3) Every rule made under this Act 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 rule or both Houses agree that the rule should not be made, the rule 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 rule.

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