41of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
DEPARTMENT OF COAST GUARD
ACT, No. 41 OF 2009
[Certified on 06th August, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of August 07, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.50 Postage : Rs. 5.00
Department of Coast Guard 1
Act, No. 41 of 2009
[Certified on 06th August, 2009]
L.D.—O. 29/2007.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A DEPARTMENT OF
COAST GUARD; TO SPECIFY THE FUNCTIONS OF THE DEPARTMENT OF
COASTGUARD; ANDTO PROVIDEFOR MATTERSCONNECTED THEREWITH
OR INCIDENTAL THERETO.
WHEREAS it is expedient to provide for the establishment Preamble.
of a multi-mission service to be called the Coast Guard
Service for the purpose of ensuring the security of the coastal
areas, the Maritime Zones, the territorial waters of Sri Lanka
and the high seas:
AND WHEREAS the Department of Coast Guard shall,
assist in preventing, the entry and exit of illegal immigrants
and emigrants, the trafficking of narcotic drugs and
psychotropic substances, the detection and seizure of
contraband and weapons; be entrusted with providing
assistance to ships which meet with distress at sea and to
persons found aboard such ships, to provide assistance in
ensuring maritime traffic safety, protect the marine
environment, prevent and combat maritime disasters, co-
operate with domestic and foreign organizations for the
purpose of protecting national interests in all such areas and
thereby ensuring national security and protecting the
national economy and the national integrity of Sri Lanka:
BE IT THEREFORE enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Department of Coast Short title.
Guard Act, No. 41 of 2009.
PART I
ESTABLISHMENT OF THE DEPARTMENT OF COAST GUARD
2. (1) There shall be a Department of Coast Guard which Department of
Coast Guard.
shall be under the control of a Director-General of Coast
Guard.
2—PL 004113—4,200 (06/2009)
2 Department of Coast Guard
Act, No. 41 of 2009
(2) The Department of Coast Guard shall be charged with
the implementation of the powers, duties and functions
specified in this Act and be responsible for the proper and
efficient functioning of the Coast Guard Service.
Establishment of 3. There shall be established in accordance with the
the Department provisions of this Act, a service to be called the Coast Guard
of Coast Guard.
Service, which shall be charged with the function of law
enforcement in the coastal areas, the maritime zones of Sri
Lanka and the high seas.
PART II
DUTIES AND FUNCTIONS OF THE DEPARTMENT OF COAST GUARD
Duties and 4. The functions of the Department of Coast Guard shall
functions of the be—
Department of
Coast Guard.
(a) to prevent illegal fishing in the coastal areas of Sri
Lanka and the protection of fishermen including
rendering assistance at sea;
(b) to assist the Customs and other relevant authorities
in combating anti-smuggling and anti-immigration
operations;
(c) to initiate action to prevent and manage piracy at
sea;
(d) to co-operate with the law enforcement agencies
and the armed forces by taking necessary measures
for the suppression of destructive terrorist activities
occuring in the maritime zones and the territorial
waters of Sri Lanka;
(e) to prevent transboundary movement of narcotics,
by sea;
(f) to assist the relevant authorities in ensuring safety
of life and property at sea;
Department of Coast Guard 3
Act, No. 41 of 2009
(g) to participate in search and rescue operations for
human beings in times of natural catastrophes and
to assist in salvage operations in relation to vessels
and other goods after such catastrophes and other
accidents at sea;
(h) to assist in the preservation and protection of
maritime and marine environment;
(i) to assist the relevant authorities in the
implementation and monitoring of measures
required for the prevention and control of marine
pollution and other disasters which occur at sea;
(j) to assist in the conservation of marine species;
(k) to disseminate information including warnings by
radio or any other means in times of natural
catastrophes; and
(l) the performance of such other functions as may from
time to time be conferred on it or assigned to it, by
the Government.
5. (1) The Department of Coast Guard shall have Powers of the
the power to— Department of
Coast Guard.
(a) stop, enter, board, inspect and search any place,
structure, vessel or aircraft and to arrest and detain
any vessel or aircraft;
(b) demand the production of any licence, permit,
record, certificate or any other document and to
inspect such licence, permit, record, certificate or
other document or make copies of or take extracts
from such licence, permit, record, certificate or other
document;
(c) investigate any offence which it has reason to
believe is being committed or is about to be
committed or has been committed;
4 Department of Coast Guard
Act, No. 41 of 2009
(d) exercise the right of hot pursuit;
(e) examine and seize or dispose of any fish or any
article, device, goods, vessel, air craft or any other
item relating to any offence which has been
committed or it has reasonable grounds to believe
that such offence has been committed; and
(f) arrest any person whom it has reason to believe has
committed an offence under any written law of Sri
Lanka for the time being in force.
(2) Notwithstanding the provisions of subsection (1), no
vessel shall be arrested or detained within the territorial
waters if the passage of that vessel within the territorial
waters, is an innocent passage.
For the purpose of this section, the passage of a vessel is
an innocent passage if the passage is not prejudicial to the
peace, good order or security of Sri Lanka.
Members of the 6. Every Coast Guard officer of the Department of Coast
Department of Guard shall be deemed to be a peace officer within the
Coast Guard
meaning and for the purposes, of the Code of Criminal
deemed to be
peace officers. Procedure Act, No. 15 of 1979.
Carrying of 7. Coast Guard officers may carry arms in so far as the
Arms. same is necessary for the performance of their duties. The
categories of arms Coast Guard officers may carry shall be as
prescribed.
Coast Guard 8. A Coast Guard officer may, when necessary for the
officers’ Right to performance of his duties—
visit and inspect
a vessel.
(a) direct the shipmaster or other person commanding
a vessel to produce the ships official papers which
are required to be kept aboard;
Department of Coast Guard 5
Act, No. 41 of 2009
(b) stop, visit and inspect the vessel for the purpose of
ascertaining her identity, port of registry, name of
the ship master, last port or place of departure, port
or place of destination or nature of the cargo ; or
(c) question the crew and passengers on matters
necessary for the performance of his duties.
9. Every Coast Guard officer shall when acting under Identification.
this Act, be in uniform and on demand declare his office and
produce to the person against whom he is acting or from
whom he seeks any information, the official identity card or
other identification documents issued by the Department of
Coast Guard.
10. Nothing contained in this Act shall be construed to Department of
permit the Department of Coast Guard or its personnel to be Coast Guard or
its personnel not
trained or organised as a military establishment or to function to be trained as a
as such. military
establishment.
PART III
ADVISORY COUNCIL
11. The Minister shall appoint an Advisory Council, Advisory
which shall consist of the following:— Council.
(a) the following ex-officio members :—
(i) the Secretary to the Ministry of the Minister
in charge of the subject of Defence or his
representative;
(ii) the Secretary to the Ministry of the Minister
in charge of the subject of Fisheries or his
representative;
6 Department of Coast Guard
Act, No. 41 of 2009
(iii) the Secretary to the Ministry of the Minister
in charge of the subject of Finance or his
representative;
(iv) Secretary to the Ministry of the Minister in
charge of the subject of Ports and Shipping
or his representative;
(v) Secretary to the Ministry of the Minister in
charge of the subject of Environment and
Natural Resources or his representative;
(vi) Secretary to the Ministry of the Minister in
charge of the subject of Coast Guard or his
representative;
(vii) the Commander of the Navy ;
(viii) the Inspector-General of Police ; and
(ix) Director-General of the Department of Coast
Guard ;
(b) the Minister may whenever it appears to him to be
necessary, co-opt for service in the Advisory Council
any official whose services are required by the
Council in connection with any specific matter
under consideration by the Council.
Functions of the 12. The Advisory Council shall conduct an annual
Advisory review of the activities of the Department of Coast Guard
Council.
and submit a comprehensive report to the Minister. The
Council shall also recommend to the Minister, the policies
which in the opinion of the Council ought to be implemented
by the Department of Coast Guard. The Council shall also
whenever required to do so, advice the Minister in respect of
any matter on which their advice is sought.
Department of Coast Guard 7
Act, No. 41 of 2009
13. The Advisory Council may for the purpose of Rules.
carrying out the purposes of this Act, make rules specifying
the procedure to be followed at its meetings, the quorum
and agenda for its meetings and the manner of submission of
reports.
14. Notwithstanding anything contained in any other Prosecution.
written law, where a person is arrested under this Act, no
prosecution shall be instituted against that person except
by or with the written consent of the Attorney-General.
PART IV
GENERAL
15. The officers of the Depertment of Coast Guard shall Remuneration of
be paid such remuneration as may be determined by the officers &c,
Minister in consultation with the Minister in charge of the
subject of Finance and such remuneration shall be charged
to the Consolidated Fund.
16. (1) At the request of the Department of Coast Guard, Appointment of
public officers
any officer in the public service may, with the consent of
to the
that officer and the Chairman of the Public Service Department of
Commission, be temporarily appointed to the staff of the Coast Guard.
Department of Coast Guard for such period as may be
determined by the Department or be permanently appointed
to such staff.
(2) Where any officer of the public service is appointed
to the staff of the Department as specified in subsection (1),
such appointment shall be on terms and conditions which
are not less favourable to those which such officer was
enjoying on the day immediately prior to the date of such
appointment and from and after the date of such appointment
all matters relating to such officer shall be governed by the
prevailing government regulations as may be applicable
from time to time.
8 Department of Coast Guard
Act, No. 41 of 2009
(3) Where the Department of Coast Guard employs any
person who has agreed to serve the government for a specified
period, such period of service to the Department by that
person, shall be regarded as service to the Government for
the purpose of discharging the obligation for such agreement.
Appointment of 17. (1) At the request of the Department of Coast Guard,
officers and any officer or servant of any public corporation may, with
servants of
the consent of such officer or servant and the governing
public
corporations to board of such officer or servant be temporarily appointed to
the staff of the the staff of the Department for such period as may be
Department of derermined by the Department, on such terms and conditions
Coast Guard.
as may be agreed upon by the Department and the governing
board of such corporation.
(2) Where any person is appointed under subsection (1)
to the staff of the Department such person shall be subject to
the same disciplinary control as any other member of the
staff.
Offences. 18. Any Coast Guard officer who acts in contravention
of the provision of this Act or any other written law, in the
carrying out of his duties shall be guilty of an offence and
shall be, liable to be tried by a Magistrate and punished with
such punishment as is specified for such offence.
Regulations. 19. (1) The Minister may on the recommendation of the
Advisory Council make regulations for giving effect to the
principles and provisions of the Act and in respect of matters
required by this Act to be prescribed or in respect of which
regulations are authorized or required to be made.
(2) Without prejudice to the generality of the powers
conferred by subsection (1), regulations may be made in
respect of any or all of the following matters :—
(a) the constitution, governance, qualifications,
command and discipline of the Department of Coast
Guard ;
Department of Coast Guard 9
Act, No. 41 of 2009
(b) the recruitment of persons to the Department of
Coast Guard ;
(c) the conditions of service of members of the
Department of Coast Guard ;
(d) the rank, powers and authority of officers,
subordinate officers and other persons ;
(e) the dismissal, retirement, release promotion or
discharge from the Department of Coast Guard of
officers, subordinate officers and other enrolled
persons ;
(f) 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 which in the opinion
of the Minister, is necessary for the proper
implementation of this Act.
(3) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in the regulation.
(4) Every regulation made by the Minister shall, as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval. Any regulation which is not
so approved shall be deemed to be rescinded as from the
date of such disapproval, but without prejudice to anything
previously done thereunder.
(5) Notification of the date on which any regulation is
deemed to be rescinded shall be published in the Gazette.
20. The Coast Guard Unit established pursuant to a Transfer of the
decision of the Cabinet of Ministers and presently attached Coast Guard
Unit attached to
to the Ministry of Fisheries and Aquatic Resources, shall, the Ministry of
with effect from the date of the coming into operation of this Fisheries and
Act, stand transferred to the Ministry of Defence, Public Aquatic
Security, Law and Order, along with all personnel, property Resources.
and other assets.
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Act, No. 41 of 2009
Sinhala text to 21. In the event of any inconsistency between the
prevail in case
Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.
Interpretation. 22. In this Act, unless the context otherwise requires—
“Coast Guard officer” means any person attached to
the regular service of the Department of Coast
Guard;
“maritime zones” shall have the same meaning as in
the Maritime Zones Law, No. 22 of 1977 ;
“territorial waters” shall have the same meaning as in
the Constitution.
Department of Coast Guard 11
Act, No. 41 of 2009
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