THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE 
AND OTHER MARITIME ZONES ACT, 1976 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title and commencement. 
2.  Definition. 
3.  Sovereignty over, and limits of, territorial waters. 
4.  Use of territorial waters by foreign ships. 
5.  Contiguous zone of India. 
6.  Continental shelf. 
7.  Exclusive economic zone. 
8.  Historic waters. 
9.  Maritime boundaries between India and States having coasts opposite or adjacent to those of 

India. 

10.  Publication of charts. 
11.  Offences. 
12.  Offences by companies. 
13.  Place of trial. 
14.  Previous sanction of the Central Government for prosecution. 
15.  Power to make rules. 
16.  Removal of difficulties. 

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THE TERRITORIAL WATERS, CONTINENTAL SHELF, EXCLUSIVE ECONOMIC ZONE 
AND OTHER MARITIME ZONES ACT, 1976 

ACT NO. 80 OF 1976 

[25th August, 1976.] 

An Act to provide for certain matters relating to the territorial waters continental shelf, exclusive 

economic zone and other maritime zones of India. 

BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:— 

1. Short title and commencement.—(1) This Act may be called the Territorial Waters, Continental 

Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976. 

(2)  Sections  5  and  7  shall  come  into  force  on  such  date1  or  on  such  different  dates  as  the  Central 
Government  may,  by  notification  in  the  Official  Gazette,  appoint;  and  the  remaining  provisions  of  this 
Act shall come into force at once. 

2.  Definition.—In  this  Act,  “limit”,  in  relation  to  the  territorial  waters,  the  continental  shelf,  the 
exclusive  economic  zone  or  any  other  maritime  zone of  India,  means the  limit  of  such  waters, shelf  or 
zone with reference to the mainland of India as well as the individual or composite group or groups of 
islands constituting part of the territory of India. 

3.  Sovereignty  over, and limits  of, territorial waters.—(1) The  sovereignty  of  India  extends  and 
has always extended to the territorial waters of India (hereinafter referred to as the territorial waters) and 
to the seabed and subsoil underlying, and the air space over, such waters. 

(2) 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. 

(3) Notwithstanding anything contained in sub-section (2), the Central Government may, whenever it 
considers necessary so to do having regard to International Law and State practice, alter, by notification 
in the Official Gazette, the limit of the territorial waters. 

(4)  No  notification  shall  be  issued  under  sub-section  (3)  unless  resolutions  approving  the  issue  of 

such notification are passed by both Houses of Parliament. 

4. Use of territorial waters by foreign ships.—(1) Without prejudice to the provisions of any other 
law  for  the  time  being  in  force,  all  foreign  ships  (other  than  warships  including  sub-marines  and  other 
underwater vehicles) shall enjoy the right of innocent passage through the territorial waters. 

Explanation.—For the purposes of this section, passage is innocent so long as it is not prejudicial to 

the peace, good order or security of India. 

(2) Foreign warships including submarines and other underwater vehicles may enter or pass through 

the territorial waters after giving prior notice to the Central Government: 

Provided that submarines and other underwater vehicles shall navigate on the surface and show their 

flag while passing through such waters. 

(3) 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  or  any  part  thereof,  suspend,  by  notification  in  the  Official  Gazette, 
whether absolutely or subject to such exceptions and qualifications as may be specified in the notification, 
the entry of all or any class of foreign ships into such area of the territorial waters as may be specified in 
the notification. 

1. 15th January, 1977, vide notification No. G.S.R. 16(E), dated 15th January, 1977, see Gazette of India, Extraordinary,   

Part II, sec. 3(i). 

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5.  Contiguous  zone  of  India.—(1)  The  contiguous  zone  of  India  (hereinafter  referred  to  as  the 
contiguous zone) is 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 referred to in sub-section (2) of section 3. 

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it 
considers necessary so to do having regard to International Law and State practice, alter, by notification 
in the Official Gazette, the limit of the contiguous zone. 

(3)  No  notification  shall  be  issued  under  sub-section  (2)  unless  resolutions  approving  the  issue  of 

such notification are passed by both Houses of Parliament. 

(4) 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. 

(5) The Central Government may, by notification in the Official Gazette,— 

(a) extend with such restrictions and modifications as it thinks fit, any enactment, relating to any 
matter referred to in clause (a) or clause (b) of sub-section (4), for the time being in force in India or 
any part thereof, to the contiguous zone, and 

(b)  make  such  provisions  as  it  may  consider  necessary  in  such  notification  for  facilitating  the 

enforcement of such enactment, 

and  any  enactment  so  extended  shall  have  effect  as  if  the  contiguous  zone  is  a  part  of  the  territory  of 
India. 

6.  Continental  shelf.—(1)  The  continental  shelf  of  India  (hereinafter  referred to  as the continental 
shelf)  comprises  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  referred to  in  sub-
section (2) of section 3 where the outer edge of the continental margin does not extend up to that distance. 

(2) India has, and always had, full and exclusive sovereign rights in respect of its continental shelf. 

(3)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (2),  the  Union  has  in  the 

continental shelf,— 

(a) sovereign rights for the purposes of exploration, exploitation, conservation and management 

of all resources; 

(b)  exclusive  rights  and  jurisdiction  for  the  construction,  maintenance  or  operation  of  artificial 
islands,  off-shore  terminals,  installations  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; 

(c) exclusive jurisdiction to authorise, regulate and control scientific research; and 

(d)  exclusive  jurisdiction  to  preserve  and  protect  the  marine  environment  and  to  prevent  and 

control marine pollution. 

(4)  No  person  (including  a  foreign  Government)  shall,  except  under,  and  in  accordance  with,  the 
terms of a licence or a letter of authority granted by the Central Government, explore the continental shelf 
or  exploit  its  resources  or  carry  out  any  search  or  excavation  or  conduct  any  research  within  the 
continental shelf or drill therein or construct, maintain or operate any artificial island, off-shore terminal, 
installation or other structure or device therein for any purpose whatsoever. 

(5) The Central Government may, by notification in the Official Gazette,— 

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(a) declare any area of the continental shelf and its superjacent waters to be a designated area; and 

(b) make such provisions as it may deem necessary with respect to,— 

(i) the exploration, exploitation and protection of the resources of the continental shelf within 

such designated area; or 

(ii) the safety and protection of artificial islands, off-shore terminals, installations and other 

structures and devices in such designated area; or 

(iii) the protection of marine environment of such designated area; or 

(iv) customs and other fiscal matters in relation to such designated area. 

Explanation.—A  notification  issued  under  this  sub-section  may  provide  for  the  regulation  of  entry 
into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, 
traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial 
to the interests of India. 

(6) The Central Government may, by notification in the Official Gazette,— 

(a)  extend  with  such  restrictions  and  modifications  as  it  thinks  fit,  any  enactment  for  the  time 
being  in  force  in  India  or  any  part  thereof  to  the  continental  shelf  or  any  part  [including  any 
designated area under sub-section (5)] thereof; and 

(b)  make  such  provisions  as  it  may  consider  necessary  for  facilitating  the  enforcement  of  such 

enactment, 

and any enactment so extended shall have effect as if the continental shelf or the part [including, as the 
case may be, any designated area under sub-section (5)] thereof to which it has been extended is a part of 
the territory of India. 

(7) Without prejudice to the provisions of sub-section (2) and subject to any  measures that may be 
necessary  for  protecting  the  interests  of  India,  the  Central  Government  may  not  impede  the  laying  or 
maintenance of submarine cables or pipelines on the continental shelf by foreign States: 

Provided  that  the  consent  of  the  Central  Government  shall  be  necessary  for  the  delineation  of  the 

course for the laying of such cables or pipelines. 

7. Exclusive economic zone.—(1) The exclusive economic zone of India (hereinafter referred to as 
the exclusive economic zone) is an area beyond and adjacent to the territorial waters, and the limit of such 
zone is two hundred nautical miles from the baseline referred to in sub-section (2) of section 3. 

(2) Notwithstanding anything contained in sub-section (1), the Central Government may, whenever it 
considers necessary so to do having regard to International Law and State practice, alter, by notification 
in the Official Gazette, the Limit of the exclusive economic zone. 

(3)  No  notification  shall  be  issued  under  sub-section  (2)  unless  resolutions  approving  the  issue  of 

such notification are passed by both Houses of Parliament. 

(4) In the exclusive economic zone, the Union has,— 

(a) 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; 

(b)  exclusive  rights  and  jurisdiction  for  the  construction,  maintenance  or  operation  of  artificial 
islands,  off-shore  terminals,  installations  and  other  structures  and  devices  necessary  for  the 
exploration and exploitation of the resources of the zone or for the convenience of shipping or for any 
other purpose; 

(c) exclusive jurisdiction to authorise, regulate and control scientific research; 

(d)  exclusive  jurisdiction  to  preserve  and  protect  the  marine  environment  and  to  prevent  and 

control marine pollution; and 

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(e) such other rights as are recognised by International Law. 

(5)  No  person  (including  a  foreign  Government)  shall,  except  under,  and  in  accordance  with,  the 
terms of any agreement with the Central Government or of a licence or a letter of authority granted by the 
Central Government, explore or exploit any resources of the exclusive economic zone or carry out any 
search  or  excavation  or  conduct  any  research  within  the  exclusive  economic  zone  or  drill  therein  or 
construct,  maintain  or  operate  any  artificial  island,  off-shore  terminal,  installation  or  other  structure  or 
device therein for any purpose whatsoever: 

Provided that nothing in this sub-section shall apply in relation to fishing by a citizen of India. 

(6) The Central Government may, by notification in the Official Gazette,— 

(a) declare any area of the exclusive economic zone to be a designated area; and 

(b) make such provisions as it may deem necessary with respect to,— 

(i) the exploration, exploitation and protection of the resources of such designated area; or 

(ii) other activities for the economic exploitation and exploration of such designated area such 

as the production of energy from tides, winds and currents; or 

(iii) the safety and protection of artificial islands, off-shore terminals, installations and other 

structures and devices in such designated area; or 

(iv) the protection of marine environment of such designated area; or 

(v) customs and other fiscal matters in relation to such designated area. 

Explanation.—A  notification  issued  under  this  sub-section  may  provide  for  the  regulation  of  entry 
into and passage through the designated area of foreign ships by the establishment of fairways, sealanes, 
traffic separation schemes or any other mode of ensuring freedom of navigation which is not prejudicial 
to the interests of India. 

(7) The Central Government may, by notification in the official Gazette,— 

(a)  extend,  with  such  restrictions  and  modifications  as  it  thinks  fit,  any  enactment  for  the  time 

being in force in India or any part thereof to the exclusive economic zone or any part thereof; and 

(b)  make  such  provisions  as  it  may  consider  necessary  for  facilitating  the  enforcement  of  such 

enactment, 

and any enactment so extended shall have effect as if the exclusive economic zone or the part thereof to 
which it has been extended is a part of the territory of India. 

(8) The provisions of sub-section (7) of section 6 shall apply in relation to the laying or maintenance 
of submarine cables or pipelines on the seabed of the exclusive economic zone as they apply in relation to 
the laying or maintenance of submarine cables or pipelines on the seabed of the continental shelf. 

(9)  In  the exclusive  economic  zone  and  the  air space  over  the  zone,  ships  and aircraft  of all  States 
shall, subject to the exercise by India of its rights within the zone, enjoy freedom of navigation and over 
flight. 

8.  Historic  waters.—(1)  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 waters of India. 

(2) 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. 

9. Maritime boundaries between India and States having coasts opposite or adjacent to those of 
India.—(1) The maritime boundaries between India and any State whose coast is opposite or adjacent to 
that  of  India  in  regard  to  their  respective  territorial  waters,  contiguous  zones,  continental  shelves, 

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exclusive  economic  zones  and  other  maritime  zones  shall  be  as  determined  by  agreement  (whether 
entered into before or after the commencement of this section) between India and such State and pending 
such  agreement  between  India  and  any  such  State,  and  unless  any  other  provisional  arrangements  are 
agreed to between them, the maritime boundaries between India and such State shall not extend beyond 
the line every point of which is equidistant from the nearest point from which the breadth of the territorial 
waters of India and of such State are measured. 

(2) Every agreement referred to in sub-section (1) shall, as soon as may be after it is entered into, be 

published in the Official Gazette. 

(3)  The  provisions  of  sub-section  (1)  shall  have  effect  notwithstanding  anything  contained  in  any 

other provision of this Act. 

10.  Publication  of  charts.—The  Central  Government  may  cause  the  baseline  referred  to  in  sub-
section (2) of section 3, the limits of the territorial waters, the contiguous zone, the continental shelf, the 
exclusive  economic  zone  and  the  historic  waters  of  India  and  the  maritime  boundaries  as  settled  by 
agreements referred to in section 9 to be published in charts. 

11. Offences.—Whoever contravenes any provision of this Act or of any notification thereunder shall 
(without prejudice to any other action which may be taken against such person under any other provision 
of this or of any other enactment) be punishable with imprisonment which may extend to three years, or 
with fine, or with both. 

12. Offences by companies.—(1) Where an offence under this Act or the rules made thereunder has 
been committed by a company, 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. 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  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. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1)  where  an  offence  under  this  Act  or  the 
rules  made  thereunder  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,  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. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

13. Place of trial.—Any person committing an offence under this Act or any rules made thereunder 
or under any of the enactments extended under this Act or under the rules made thereunder 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, published in the Official Gazette, direct in this behalf. 

14.  Previous  sanction  of  the  Central  Government  for  prosecution.—No  prosecution  shall  be 
instituted against any person in respect of any offence under this Act or the rules made thereunder without 
the previous sanction of the Central Government or such officer or authority as may be authorised by that 
Government by order in writing in this behalf. 

15. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

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(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  regulation  of  the  conduct  of  any  person  in  the  territorial  waters,  the  contiguous  zone,  the 

continental shelf, the exclusive economic zone or any other maritime zone of India; 

(b) regulation of the exploration and exploitation, conservation and management of the resources 

of the continental shelf; 

(c) regulation of the exploration, exploitation, conservation and management of the  resources of 

the exclusive economic zone; 

(d)  regulation  of  the  construction,  maintenance  and  operation  of  artificial  islands,  off-shore 

terminals, installations and other structures and devices referred to in sections 6 and 7; 

(e) preservation and protection of the marine environment and prevention and control of marine 

pollution for the purposes of this Act; 

(f) authorisation, regulation and control of the conduct of scientific research for the purposes of 

this Act; 

(g) fees in relation to licences and letters of authority referred to in sub-section (4) of section 6 

and sub-section (5) of section 7 or for any other purpose; or 

(h) any matter incidental to any of the matters specified in clauses (a) to (g). 

(3) In making any rule under this section, the Central Government may provide that a contravention 
thereof shall be punishable with imprisonment which may extend to three years, or with fine which may 
extend to any amount, or with both. 

(4) Every rule made under this Act and every notification issued under sub-section (5) of section 6 or 
sub-section (6) of section 7 shall be laid, as soon as may be after it is made or issued, before each House 
of Parliament while it is in session for a total period of thirty days which may be comprised in one session 
or in two or more successive sessions and if, before the expiry of the session immediately following the 
session or the successive sessions aforesaid both Houses agree in making any modification in the rule or 
the  notification  or  both  Houses  agree  that  the  rule  or  notification  should  not  be  issued,  the  rule  or 
notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may 
be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule or notification. 

16. Removal of difficulties.—(1) 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 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: 

Provided that no order shall be made under this section— 

(a)  in  the  case  of  any  difficulty  arising  in  giving  effect  to  any  provision  of  this  Act,  after  the 

expiry of three years from the commencement of such provision; 

(b)  in  the  case  of  any  difficulty  arising  in  giving  effect  to  the  provisions  of  any  enactment 

extended under this Act, after the expiry of three years from the extension of such enactment. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

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