Suppression Of Unlawful Acts Against Safety Of Maritime Navigation And Fixed Platforms On Continental Shelf Act, 2002
No: 69 Dated: Dec, 20 2002
The Suppression Of Unlawful Acts Against Safety Of Maritime Navigation And Fixed Platforms On Continental Shelf Act, 2002
(Act No. 69 of 2002)
An Act to give effect to the International Maritime Organisation Convention for Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and for matters connected therewith .
Whereas a Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf were signed at Rome on the 10th day of March, 1988;
And whereas India, having acceded to the said Convention and the Protocol, should make provisions for giving effect thereto and for matters connected therewith;
Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent, application and commencement .(1) This Act may be called The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act , 2002.
(2) It extends to the whole of India including the limit of the territorial waters, the continental shelf, the exclusive economic zone or any other maritime zone of India within the meaning of section 2 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976).
(3) Save as otherwise provided, it shall apply
(a) to any offence under section 3 committed outside India by any person;
(b) to a ship, if that ship is navigating or scheduled to navigate into, through or from waters beyond the outer limits of the territorial waters of India, or the lateral limits of its territorial waters with adjacent States;
(c) when the offence is committed on board a ship in the territorial waters of India or against a fixed platform located on the Continental Shelf of India.
(4) Notwithstanding anything contained in sub-section (3), this Act shall apply only to offences committed by an offender or alleged offender,
(a) when such an offender is found in the territory of a Convention State;
(b) when such an offender is found in the territory of a Protocol State in whose internal water or territorial waters or continental shelf the fixed platform is located; or
(c) when such an offender is found in the territory of a State other than the State referred to in clause (a) or clause (b).
(5) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions .In this Act, unless the context otherwise requires,
(a) Code means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) Continental Shelf of India shall have the meaning assigned to it in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);
(c) Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, signed at Rome on the 10th day of March, 1988 as amended from time to time;
(d) Convention State means a State party to the Convention;
(e) fixed platform means an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration for, or exploitation of resources or for other economic purposes;
(f) Protocol means the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf adopted at Rome on the 10th day of March, 1988 as amended from time to time;
(g) Protocol State means a State party to the Protocol;
(h) ship means a vessel of any type whatsoever not permanently attached to the seabed and includes dynamically supported craft, submersibles, or any other floating craft.