CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND

GOVERNANCE

PROJECT ON INDIAN
MARITIME ZONES ACT:AN
OVERVIEW OF IT’S
PROVISIONS

SUBMITTED BY- PRERAK RAJ SUBMITTED TO- KUMARI NITU

B.A.LLB ASSISTANT PROFESSOR

E. No.-: CUSB1813125067 SCHOOL OF LAW AND GOVERNANCE

ACKNOWLEDGEMENT

You are most welcome in my project work on the topic “Indian Maritime Zones Act: An
Overview of it’s Provisions”

This project is given by our honorable subject professor “Kumari Nitu” and I would like to thank
her for giving me such opportunity to work on this specified topic.

I would like to express thank to my seniors who reviewed my paper for rendering constructive
and valuable suggestions and comments that have helped a lot in improving the quality and
content of this paper.

I would like to thank all the Library staffs who helped me to find all the desired books regarding
the topic as the whole project revolves around the doctrinal methodology of research.

Last but not the least I would like to thank all who directly or indirectly helped me in completion
of this project. I have made this project with great care and tried to put each and every necessary
information regarding the topic. So at the beginning I hope that if once you will come inside this
project you will be surely glad.

-Prerak Raj
TABLE OF CONTENTS

S.NO. HEADING PAGE NO.

1. INTRODUCTION 4

2. AN OVERVIEW OF THE PROVISIONS OF 4-7

THE ACT
3. CONCLUSION 8
INTRODUCTION
India has built up a magnificent maritime history and tradition for several decades even much
before the rise of European maritime powers. In ancient period, Indian ships used to sail across
many international high seas for trading purposes with other Asian and Middle East countries.
But after the advent of British rule, the indigenous shipping industry was considerably
discouraged due to preferential treatment given to the British ships and restrictive British
navigational laws.1 Ordinarily, a ship whether in the Indian waters or in the international high
seas, during its voyage is a subject matter of numerous contracts and deals that may create
chances for disputes. Moreover, disputes can also be due to collision, wages and allowances of
crew, obligations to ports and other governmental authorities, or even loss of life or personal
injury caused by ship or occurring in connection with the voyage. All these aspects are covered
by a number of legislations in India, which are utterly founded on colonial British legislations on
the subjects, as made applicable in India and as amended from time to time by the Indian
Parliament. One of such legislation is Territorial Waters, Continental Shelf, Exclusive Economic
Zones and Maritime Zones Act, 1976. For several decades, India’s territorial waters 2 and
continental shelf were governed by proclamations issued by the President of India. In 1976,
consequent upon the third United Nations Convention on the Law of the Sea, held in Geneva, the
TWCS Act was enacted in India. Accordingly, land, minerals and other resources, underlying the
ocean, within the territorial waters3, the continental shelf4 or the exclusive economic zone5
became the exclusive property of the Union of India.

OVERVIEW OF THE TERRITORIAL WATERS, CONTINENTAL SHELF,

EXCLUSIVE ECONOMIC ZONES AND MARITIME ZONES ACT, 1976
The TWCS Act categorically prescribes the limits of the territorial waters, continental shelf,
exclusive economic zone and other maritime zones of India. It also provides the legal framework

1
The British navigational laws not only barred the growth and development of Indian shipping but gradually made it
to disappear from the international high seas.
2
Territorial waters generally refer to the portion of sea which is adjacent to the shores of a country.
3
The territorial waters of India extend up to 12 nautical miles from the baseline on the coast of India and include
any gulf, harbor, creek or tidal river.
4
At present, India’s continental shelf extends to two hundred nautical miles from the baseline. However, an
application by India before the UN Commission on the Limits of the Continental Shelf under Art.76 of the United
Nations Convention on the Law of the Sea to extend the continental shelf to 350 nautical miles is still pending.
5
India’s exclusive economic zone extends to two hundred nautical miles from the baseline
specifying the nature, scope and extent of India’s rights, jurisdiction and control of various
maritime zones; the maritime boundaries between India and its neighboring countries; and the
exploitation, exploration, conservation and management of natural resources within the maritime
zones. It describes that the sovereignty of India extends and has always extended to the territorial
waters of India and to the seabed and subsoil underlying, and the air space over, such waters. The
limit of the territorial waters is the line every point of which is at a distance of twelve nautical
miles from the nearest point of the appropriate baseline. This limit can be altered by central
government whenever it considers necessary so to do having regard to International Law and
State practice by notification in the Official Gazette only after such notification is passed by both
the houses of parliament.6

This act gives the right of innocent passage7 through the territorial waters to all the foreign ships
other than warships including sub-marines and other underwater vehicles. Foreign warships
including submarines and other underwater vehicles may enter or pass through the territorial
waters after giving prior notice to the Central Government. Submarines and other underwater
vehicles shall navigate on the surface and show their flag while passing through such waters. The
Central Government may, if satisfied that it is necessary so to do in the interests of the peace,
good order or security of India suspend whether absolutely or subject to such exceptions, the
entry of all or any class of foreign ships into the territorial waters.8

This act defines the contiguous zone of India as an area beyond and adjacent to the territorial
waters and the limit of the contiguous zone is the line every point of which is at a distance of
twenty-four nautical miles from the nearest point of the baseline. This limit can be altered by
central government whenever it considers necessary so to do having regard to International Law
and State practice by notification in the Official Gazette only after such notification is passed by
both the houses of parliament. The Central Government may exercise such powers and take such
measures in or in relation to the contiguous zone as it may consider necessary with respect to —
(a) the security of India, and (b) immigration, sanitation, customs and other fiscal matters.9

6
S.3 of the Act
7
Passage is innocent so long as it is not prejudicial to the peace, good order or security of India.
8
S.4 of the Act
9
S.5 of the Act
Continental shelf is also defined under this act, it comprises of the seabed and subsoil of the
submarine areas that extend beyond the limit of its territorial waters throughout the natural
prolongation of its land territory to the outer edge of the continental margin or to a distance of
two hundred nautical miles from the baseline. India has full and exclusive sovereign rights in
respect of its continental shelf. The union has all the sovereign rights for the purposes of
exploration, exploitation, conservation and management of all resources. It enjoys exclusive
rights and jurisdiction for the construction, maintenance or operation of artificial islands, off-
shore terminals, installation and other structures and devices necessary for the exploration and
exploitation of the resources of the continental shelf or for the convenience of shipping or for any
other purpose. It has exclusive jurisdiction to authorize, regulate and control scientific research.
It also has exclusive jurisdiction to preserve and protect the marine environment and to prevent
and control marine pollution.10

The exclusive economic zone of India which is defined under this act is an area beyond and
adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from
the baseline. In the exclusive economic zone, the Union has, sovereign rights for the purpose of
exploration, exploitation, conservation and management of the natural resources, both living and
non-living as well as for producing energy from tides, winds and currents. It also has exclusive
jurisdiction to authorize, regulate and control scientific research. The Central Government may
make laws as it may deem necessary with respect to the exploration, exploitation and protection
of the resources of such designated area and other activities for the economic exploitation and
exploration of such designated area such as the production of energy from tides, winds and
currents. It can also make laws for the safety and protection of artificial islands, off-shore
terminals, installations and other structures and devices in such designated area and for the
protection of marine environment of such designated area.11

The Central Government may, by notification in the Official Gazette, specify the limits of such
waters adjacent to its land territory as are the historic waters12 of India. The sovereignty of India
extends, and has always extended, to the historic waters of India and to the seabed and subsoil
underlying, and the air space over, such waters.

10
S.6 of the Act
11
S.7 of the Act
12
Marine waters that are subject to a claim of sovereignty by a state based on historic occupation or usage.
A close scrutiny of the Act also reveals that the offences mentioned therein are generalized and
the Act overtly provides that whoever contravenes any provisions of the Act or of any
notification there under is, without prejudice to other action which may be taken against such
person under any other provision of the Act or of any other enactment, be punishable with
imprisonment which may extend to three years or with fine, or with both. 13 Acting as a deterrent
is the punishment awarded to persons found guilty of contravening the provisions of the TWCS
Act, which is imprisonment up to three years or unlimited fine or both. However, the Act
necessitates the requirement of previous sanction of Central Government before instituting
prosecution against such persons without providing a time-line within which the approval is
granted or rejected, which has led the maritime enforcement agencies and the police to book the
apprehended vessels under various provisions of the Indian Penal Code, the Arms Act, the
Customs Act, etc.14 Where an offence under this Act or the rules made there under has been
committed by a company15, every person who at the time the offence was committed was in
charge of, and was responsible to the company for the conduct of the business of the company,
as well as the company shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly. Such person is not liable to any punishment
provided in this Act if he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence. If the offence has been
committed by a company and it is proved that the offence has been committed with the consent
or the connivance of, or is attributable to any neglect on the part of, any director 16, manager,
secretary or other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.17 Any person committing an offence under this Act may be tried for the
offence in any place in which he may be found or in such other place as the Central Government
may, by general or special order, direct in this behalf.18

If any difficulty arises in giving effect to the provisions of this Act or of any of the enactments
extended under this Act, the Central Government may, by order published in the Official
13
S.11 of the Act
14
S.14 of the Act
15
“Company” means any body corporate and includes a firm or other association of individuals.
16
“Director”, in relation to a firm, means a partner in the firm.
17
S.12 of the Act
18
S.13 of the Act
Gazette, make such provisions not inconsistent with the provisions of this Act or, as the case may
be, of such enactment, as may appear to it to be necessary or expedient for removing the
difficulty.19

CONCLUSION AND SUGGESTION

It is pertinent to note that till date no rules have been framed by the Government under the Act.
The Act empowers the Government to make rules by notification to carry out the purposes of this
Act in general and for delegating specific power for inter-alia regulating the conduct of a person
in the territorial waters, contiguous zone, exclusive economic zone or any other maritime zone of
India. Accordingly, following are the suggestions towards addressing the enforcement lacunae in
the Act, Firstly the government should amend Section 14 of the TWCS Act so as to provide the
Indian navy and Indian coast guard the necessary legislative support by way of authorization to
stop, board, search and seize vessels and bring them before a competent Court for detention and
prosecution of offenders. Secondly extend these powers to the coastal police force for enforcing
the Act to have effective coastal surveillance in the near shore waters; and lastly provide more
clarity and understanding of the types of offences that affect the security of India, especially with
respect to the use of territorial waters by foreign ships and the exclusive economic zone. Recent
developments in Kerala owing to killing of Indian fishermen by armed marines boarded on
Italian Vessel Enrica Lexie has left open multiple legal questions. The primary question was
whether the marines accused of murder, be tried in Indian Courts as per Indian law, or whether
Italian law be applicable being the law of flag State? Even though the question seems to be
settled as the incident happened in the contiguous zone wherein Indian law is partially applicable
so as to cover incidents of crimes giving Indian Courts jurisdiction over the matter, it is however
visible that the domestic legal system is not fully prepared for such determination. All in all, by
carrying out the above stated suggestions and further changes necessary will not only form the
backbone to effective implementation of maritime security in India but also help to curb
terrorism in the country as the Indian navy and coast guard, along with the coastal police force
will then have the power to search and seize vessels, without prior approval of the Government.20

19
S.16 of the Act
20
The Mumbai terror attack on 26th November 2008 is a classic example wherein terrorists made their way
transiting through the coastal route.