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Section 7 – The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act,1976

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act,1976

Section 7. Exclusive economics 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

(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

(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, seaplanes, 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 excl usi
ve 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 overflight.

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The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act,1976

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