Section 11 in The Delimitation Act, 2002
Title: Power to maintain delimitation orders up-to-date
(1) The Election Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the State concerned,--
(a) correct any printing mistake in any of the orders made by the Commission under section 9 or any error arising therein from an inadvertent slip or omission; and
(b) where the boundaries or name of any district or any territorial division mentioned in any of the said orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the orders up-to-date, so, however, that the boundaries or areas or extent of any constituency shall not be changed by any such notification.
1[Provided that the Election Commission may make such amendments, as appear to it to be necessary or expedient, for bringing the said orders up-to-date by including therein and excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the Constitution (One Hundredth Amendment) Act, 2015].
(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and the Legislative Assembly of the State concerned.
1. The proviso ins. by Act 10 of 2016, s. 3 (w.e.f. 1-9-2016).
The Delimitation Act, 1972 (76 of 1972), is hereby repealed.
Title: 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 date1 as the Central Government may, by notification in the Official Gazette, appoint.
1 1st February, 2003, vide notification No. S.O. 115(E), dated 30th, January, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
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 the10th 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.
Title: Offences against ship, fixed platform, cargo of a ship, maritime navigational facilities, etc.
(1) Whoever unlawfully and intentionally—
(a) commits an act of violence against a person on board a fixed platform or a ship which is likely to endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine;
(b) destroys a fixed platform or a ship or causes damage to a fixed platform or a ship or cargo of the ship in such manner which is likely to endanger the safety of such platform or safe navigation of such ship shall be punished with imprisonment for life;
(c) seizes or exercises control over a fixed platform or a ship by force or threatens or in any other form intimidates shall be punished with imprisonment for life;
(d) places or causes to be placed on a fixed platform or a ship, by any means whatsoever, a device or substance which is likely to destroy that fixed platform or that ship or cause damage to that fixed platform or that ship or its cargo which endangers o is likely to endanger that fixed platform or the safe navigation of that ship shall be punished with imprisonment for a term which may extend to fourteen years;
(e) destroys or damages maritime navigational facilities or interferes with their operation if such act is likely to endanger the safe navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen years;
(f) communicates information which he knows to be false thereby endangering the safe navigation of a ship shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine;
(g) in the course of commission of or in attempt to commit, any of the offences specified in clauses (a) to (d) in connection with a fixed platform or clauses (a) to (f) in connection with a ship—
(i) causes death to any person shall be punished with death;
(ii) causes grievous hurt to any person shall be punished with imprisonment for a term which may extend to fourteen years;
(iii) causes injury to any person shall be punished with imprisonment for a term which may extend to ten years;
(iv) seizes or threatens a person shall be punished with imprisonment for a term which may extend to ten years; and
(v) threatens to endanger a ship or a fixed platform shall be punished with imprisonment for a term which may extend to two years.
(2) Whoever attempts to commit, or abets the commission of, an offence punishable under sub-section (1) shall be deemed to have committed such offence and shall be punished with the punishment provided for such offence.
(3) Whoever unlawfully or intentionally threatens a person to compel that person to do or refrain from doing any act or to commit any offence specified in clause (a), clause (b) or clause (c) of sub-section (1), if such threat is likely to endanger the safe navigation of a ship or safety of a fixed platform shall be punished with the punishment provided for such offence.
(4) Where any act referred to in sub-section (1) is committed,--
(a) against or on board—
(i) an Indian ship at the time of commission of the offence; or
(ii) any ship in the territory of India including its territorial waters;
(b) by a stateless person, such act shall be deemed to be an offence committed by such person for the purposes of this Act.
Explanation.--In this sub-section, the expression "stateless person" means a person whose habitual residence is in India but he does not have nationality of any country.
(5) Where an offence under sub-section (1) is committed and the person accused of or suspected of the commission of such offence is present in the territory of India and is not extradited to any Convention State or Protocol State, as the case may be, such person shall be dealt with in India in accordance with the provisions of this Act.
(6) On being satisfied that the circumstances so warrant, the Central Government or any other authority designated by it shall take the person referred to in sub-section (5) and present in the territory of India into custody or take measures, in accordance with the law for the time being in force, to ensure his presence in India for such time as is necessary to enable any criminal or extradition proceeding to be instituted:
Provided that when a person is taken into custody under this sub-section, it shall be necessary for the Central Government or any other authority designated by it to notify the Government of any Convention State or Protocol State which have also established jurisdiction over the offence committed or suspected to have been committed by the person in custody.
(7) Subject to the provisions of sub-section (8), where an offence under sub-section (1) is committed outside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found.
(8) No court shall take cognizance of an offence punishable under this section which is committed outside India unless—
(a) such offence is committed on a fixed platform or on board a ship flying the Indian flag at the time the offence is committed;
(b) such offence is committed on board a ship which is for the time being chartered without crew to a lessee who has his principal place of business, or where he has no such place of business, his permanent residence, is in India; or
(c) the alleged offender is a citizen of India or is on a fixed platform or on board a ship in relation to which such offence is committed when it enters the territorial waters of India or is found in India.