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Punishments awardable by Coast Guard
Courts.
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53.(1) Punishments may be inflicted in respect of
offences committed by person subject to this Act and convicted by
Coast Guard Courts according to the scale following, that is to say, —
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(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 except in the case of persons below the rank of an
Uttam Navik or Uttam Yantrik
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(2) Each of the punishments specified in sub-section (1) shall be
deemed to be inferior in degree to every punishment preceding it in
the above scale.
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Alternative punishments awardable by
Coast Guard Courts. |
54.
Subject to the
provisions of this Act, a Coast Guard Court may, on convicting a
person subject to this Act of any of the offences specified in
sections 15 to 48
(both inclusive) award either the particular punishment, with which
the offence is stated in the said sections to be punishable, or in
lieu thereof, any one of the punishments lower in the scale set out in
section 53 regard
being had to the nature and degree of the offence.
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Combination of punishments. |
55.
Subject to the
provisions of
section 58,
a sentence of a Coast Guard Court may award in addition to, or without
any one other punishment, the punishment specified in clause (c) of
sub-section (1) of
section 53 and
any one or more of the punishments specified in clauses (e) to (j)
(both inclusive) of that sub-section.
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Punishments otherwise than by Coast Guard
Courts. |
56.
Punishments may
also be inflicted in respect of offences committed by persons subject
to this Act without the intervention of a Coast Guard Court in the
manner stated in
section 57
or
section 57A*
* Inserted by the Coast
Guard (Amendment) Act, 2002 |
Minor punishments.
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57.
Subject to the
provisions of
section 58,
a Commanding Officer or such other officer as is, with the consent of
the Central Government, specified by the Director-General may, in the
prescribed manner, proceed against a person subject to this Act,
otherwise than as an officer, who is charged with an offence under
this Act and award such person,
to the extent prescribed, one or more
of the following punishments, that is to say,—
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(a) imprisonment for a period not exceeding three months;
(b) dismissal from the Coast Guard;
(c) detention in Coast Guard custody for a period not exceeding three months;
(d) reduction to the ranks or to a lower rank in the case of sailors;
(e) fine, in respect of civil offences;
(f) mulcts of pay and allowances;
(g) deprivation of good conduct badges;
(h) reprimand;
(i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an
Uttam Navik or Uttam Yantrik;
(j) stoppage of leave for a period not exceeding sixty days;
(k) admonition;
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Provided that no punishment specified in clause (a) to (d) (both
inclusive) shall be inflicted,—
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(a) in the case of a subordinate officer, unless it is approved by an
officer not below
the rank of an Inspector-General, and
(b) in the case of others, unless it is approved by an officer not
below the rank of a Deputy Inspector-General.
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Punishment for officers below the rank
of Commandant. |
*
57A.(1) The Director-General
or an officer not below the rank of Deputy- Inspector General who is
appointed as Commander of a region or such other officer as is, with
the consent of the Central Government, specified by the
Director-General, may in the prescribed manner proceed against an
officer below the rank of Commandant, who is charged with an offence
under this Act and award such person one or more of the following
punishments, that is to say, -
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(a) forfeiture of seniority of rank or in the case of any of them
whose promotion depends upon length of service, forfeiture of service
for the purpose of promotion, for a period not exceeding twelve
months, but subject to the right of the accused, previous to the
award, to elect to be tried by a Coast Guard Court;
(b) forfeiture of seniority of rank , or in the case of any of them
whose promotion depends upon length of service, forfeiture of service
for the purpose of promotion, for a period not exceeding six months,
but subject to the right of the accused, previous to the award, to
elect to be tried by a Coast Guard Court;
(c) mulcts of pay and allowances ;
(d) severe reprimand ;
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Provided that no punishment specified in clause (a) shall be inflicted
by an officer other than the Director-General ;
Provided further that no punishment specified in clause (b) shall be inflicted
by an officer below the rank of Deputy-Inspector-General who is
appointed as the Commander of a region.*
*.
*
Inserted by the Coast Guard (Amendment) Act, 2002 |
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Provisions as to award of punishments. |
58.(1) The
punishments that may be inflicted under this Act shall be awarded in
accordance with the provisions of this section.
(2) A sentence of imprisonment under this Act shall in all cases be
accompanied by a sentence of dismissal.
(3) A sentence of imprisonment may be rigorous or simple or partly
rigorous and partly simple.
(4) No officer shall be subject to detention for any offence under
this Act.
(5) No subordinate officer shall be sentenced to detention except for
desertion.
(6) A sentence of detention shall not be accompanied by a sentence of
dismissal from the Coast Guard.
(7) A sentence of detention for a period exceeding fourteen days shall
in all cases be accompanied by stoppage of pay and allowances during
the period of detention.
*(8) Where mulcts of pay and allowances are awarded for absence without
leave, the absence shall be treated as regularised for all purposes.*
*.* Inserted by the
Coast Guard (Amendment) Act, 2002
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