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Coast Guard Act, 1994

Act No.26 of 1994

An Act made to provide for the constitution of the Coast Guard Armed Force

Whereas it is expedient to make provisions for the purpose of ensureing the security of the maritime area and certain other maritime zones and the coastal areas of Bangladesh and for the purpose of protecting the national interests in all such areas;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act may be called the Coast Guard Act, 1994.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "head office" means the head office mentioned in section 4;
b) "jurisdictional area" means the boundary waters of Bangladesh and the land adjacent to the boundary waters as determined by the Government by publication in the official Gazette;
c) "maritime zones" means the maritime area and other water areas determined by the Government by publication in the official Gazette;
d) "regulation" means any regulation made under this Act;
e) "armed force" means the Cost Guard Armed Force;
f) "rule" means any rule made under this Act;
g) "general manager" means the general manager of the head office;
h) "territorial waters" means the territorial waters gazetted under the Territorial Waters and Maritime Zones Act, 1974 (XXVI of 1974);
i) "maritime area" means the territorial waters, contiguous zone, continental shelf, conservation zone and economic zone stated in the Act mentioned in clause h) or gazetted thereunder.

4. Coast Guard Head Office.- (1) There shall be a head office to be called the Coast Guard Head Office for carrying out the purposes of this Act.
(2) There shall be one Director-General to the head office; he shall be appointed by the Government, which shall also determine his conditions of service.
(3) For the purpose of rendering assistance to the Director-General in the execution of his powers and the discharge of his functions under this Act-

a) the Government shall appoint such number of other officers, including directors and assistant directors, as may be required;
b) the Director-General shall appoint such number of other employees as may be required.

5. Constitution of the Coast Guard.- (1) There shall be constituted an armed force to be called the Coast Guard in accordance with the provision of this Act.
(2) The classification of the various offices of the armed force and the number of such offices shall be determined from time to time by the Government.
(3) Appointments to the offices mentioned in sub-section (2) shall be made in such way as may be prescribed by rules:
Provided that members of any disciplined force stated in article 152 of the Constitution or of the Department of Defence shall be compulsorily appointed to such offices until the said rules have been made.

6. Supervision, management and control.- The armed force shall be under the permanent supervision of the Government, and the Director-General shall manage and control the armed force in accordance with this Act, the rules, regulations and the orders issued from time to time by the Government, subject to their not being inconsistent with such Act, rules and regulations.

7. Functions of the Armed Force.- (1) Subject to the provision of sub-section (2), the Armed Force shall perform the following functions, namely:-

a) protection of the national interests in the maritime zones of Bangladesh;
b) prevention of illegal fishing in the maritime area of Bangladesh;
c) prevention of the illegal entering or leaving of Bangladesh through the maritime zones of Bangladesh;
d) enforcement of any warrant or any other order of any court or other authority in respect of any ship which has entered the territorial waters of Bangladesh or of any person on board such ship;
e) detection of activities causing the pollution of the environment in the maritime zones of Bangladesh and taking measures for their stoppage;
f) ensurance of the security of persons working in the maritime zones of Bangladesh;
g) prevention of the handing over and smuggling of drugs;
h) participation in rescue and salvage operations in times of natural catastrophes and salvage of vessels, human beings and goods met with an accident;
i) dissemination of information including warnings by radio or any other means in times of natural catastrophes;
j) rendering assistance to the Navy in times of war;
k) patrolling in the maritime zones of Bangladesh;
l) rendering assistance to the appropriate authorities for the ensurance of the security of the sea ports;
m) suppression of destructive and terroristic activities occurring in the maritime zones of Bangladesh, and rendering assistance in this behalf to other authorities;
n) performance of other functions directed by the Government.

8. Duties of the members of the Armed Force.- The Director-General may strictly prescribe the duties of the members of the Armed Force for the purpose of performing the functions stated in section 7 and of managing and controlling the Armed Force.

9. Discipline of the Armed Force.- (1) Every member of the Armed Force shall be bound to execute any legal order of the Director-General or of any authority surpassing such member in rank.
(2) All matters relating to the discipline of the members of the Armed Force shall be determined by rules:
Provided that the provisions of the Bangladesh Rifles Order, 1972 (PO No.148 of 1972) shall, as far as possible, be applicable in disciplinary matters of the members of the Armed Force until the said rules have been made:
Provided further that in the case of any member from any disciplined force compulsorily enrolled in the Armed Force under section 5 the provisions of the Act establishing the said disciplined force shall be applicable.

10. Powers of the members of the Armed Force.- (1) The Government may, by notification in the official Gazette, direct that, subject to such conditions and limitations as may be specified in the notification, in the jurisdictional area of the Armed Force any particular member of the Armed Force or any particular class of the Armed Force may, in respect of-

a) any offence under the Passport Act, 1920 (XXXIX of 1920), the Registration of Foreigners Act, 1939 (XVI of 1939), the Foreigners Act, 1946 (XXXIX of 1946), the Foreign Exchange Regulation Act, 1947 (VII of 1947), the Bangladesh Control of Entry Act, 1952 (LV of 1952), the Customs Act, 1969 (IV of 1969), the Territorial Waters and Maritime Zones Act, 1974 (XXVI of 1974), the Emigration Ordinance, 1982 (Ord.XXIX of 1982), the Intoxicants Control Act, 1990 (Act No.20 of 1990) or any other Act stated in the notification;
b) the arrest of any person committing an offence under any of the Acts stated in clause a), the seizure of goods connected with such offence, the entering, search of any place or vessel where such offence occurred or where it is on reasonable grounds believed that such offence occurred or the search of the body or goods of the person involved;

11. Handing over of arrested persons etc..- If any member of the Armed Force has arrested any person or seized any goods or any other item, the arrested person or the seized goods or item shall-

a) where such arrest or seizure occurred in the maritime area, be handed over into the custody of the authority stated in the Act concerned or, if in the said Act such authority has not been determined, into the custody of the authority in charge of the next police station.
b) where such arrest or seizure occurred in any other area within the jurisdiction of the Armed Force, be handed over into the custody of the authority stated in the Act concerned or, if in the said Act such authority has not been determined, into the custody of the police station within the jurisdiction of which lies the place of such arrest or seizure.

13. Power to make rules.- The Govenment may, by notification in the official Gazette, make rules for carrying out the purpose of this Act.

14. Power to make regulations.- The Director-General may, on the prior consent of the Government and by notification in the official Gazette, may make regulations not inconsistent with this Act or rules for carrying out the purpose of this Act.

15. Protection of acts done in good faith.- No suit or other legal proceeding shall lie at any court against the Government, the Director-General or any officer or employee of the head office or any member (of the Armed Force) or any person executing their orders or directions for any damage caused or likely to be caused to any person as a result of anything done in good faith under this Act, the rules and regulations made thereunder or the orders or directions passed thereunder.