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Part XVI

Penalties and Procedure

Penalties

436. Penalties.-

(1)Any person who contravenes any provision of this Act or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence and if in respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to two hundred rupees.

(2) The offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively.

Serial No. Offences Section of this Act to which offence has reference Penalties
1 2 3 4
1. If the owner or master of an Indian ship fails to comply with or contravenes sub-section (2) of section 28. 28(2) Fine which may extend to one thousand rupees.
2. If a person willfully makes a false statement in the builder's certificate referred to in section 30. 30 Fine which may extend to one thousand rupees.
3. If a person contravenes sub-section (2) of section 35. 35(2) Fine which may extend to one thousand rupees.
4. If the owner or master of an Indian ship commits an offence under sub-section (4) of section 35. 35(4) Fine which may extend to one thousand rupees.
5. If a master, without reasonable cause, fails to comply with sub-section (4) of section 36. 36(4) Fine which may extend to five hundred rupees.
6. If a person makes illegal use of a certificate of registry stated to have been mislaid, lost or destroyed or if a person entitled to the certificate of registry obtains it at any time afterwards but fails to deliver the said certificate to the registrar as required by sub-section (5) of section 36. 36(5) Fine which may extend to one thousand rupees.
7. If a master fails to deliver to the registrar the certificate of registry as required by sub-section (2) or sub-section (3) of section 38 38 (2),38 (3) Fine which may extend to one thousand rupees.
8. If an owner fails to comply with sub-section (1) of section 39 or if a master fails to comply with sub-section (2) of that section. 39 (1),39 (2) Fine which may extend to one thousand rupees.
9. If any person contravenes sub-section (1) of section 42. 42(1) Fine which may extend to one thousand rupees.
10. If any person acts or suffers any person under his control to act in contravention of section 55 or omits to do or suffers any person under his control to omit to do anything required under that section. 55 Fine which may extend to one thousand rupees; but nothing herein shall affect the power to detain the ship under sub-section (4) of that section.
11. If an owner fails to make an application for registering anew a ship or for registering an alteration of a ship under section 56. 56 Fine which may extend to one thousand rupees; and in addition, a fine which may extend to fifty rupees for every day during which the offence continues after conviction
12. If any distinctive national colours except those declared under sub-section (1) of section 63 are hoisted on board any Indian ship. 63(1) The master, owner and every other person hoisting the colours shall be liable to fine which may extend to five thousand rupees.
13. If a person contravenes section 64. 64 Imprisonment which may extend to two years, or fine which may extend to five thousand rupees, or both.
14. If an owner or master contravenes section 65. 65 Imprisonment which may extend to two years, or fine which may extend to five thousand rupees, or both.
15. If default is made in complying with section 66. 66 The master shall be liable to fine which may extend to one thousand rupees.
16. If any person in the case of any declaration made in the presence of or produced to a registrar under Part V or in any document or other evidence produced to such registrar-
(a) willfully makes or assists in making or procures to be made, any false statement concerning the title to or ownership of or the interest existing in any ship or any share in a ship; or
(b) utters, produces or makes use of any declaration or document containing any such false statement knowing the same to be false.
General Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.
1[17 If-
(a) any person causes a ship or fishing vessel to proceed to sea without the required certificated personnel.
(b) any person having been engaged as one of the officers referred to in section 76 goes to sea a such officer without being duly certificated.
(c) any master fails to submit the required crew list or fails to report the changes made in the list before commencing the relevant voyage.
General
76
84(1)(c)
Imprisonment which may extend to six months or fine which may extend to ten thousand rupees, or both.
Imprisonment which may extend to six months or fine which may extend to five thousand rupees, or both.
Fine which may extend to five thousand rupees and in addition, a fine which may extend to one thousand rupees for everyday during which the offence continues after conviction.]
18. If a master or owner fails to comply with any of the requirements of section 93. 93 Fine which may extend to two hundred rupees.
19. If a master fails without reasonable cause to comply with any of the requirements of section 94. 94 Fine which may extend to one hundred rupees.
20. If any person acts in contravention of sub-section (2) of section 95 or section 96 or section 97. 95(2), 96, 97 Fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed.
21. If a person engages or carries any seaman to sea in contravention of sub-section (2) of section 98 or section 99. 98 (2), 99 Fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed.
22. If a master carries any seaman to sea without entering into an agreement with him in accordance with this Act. 100 Fine which may extend to one hundred rupees for every seaman in respect of whom the offence is committed.
23. If a master enters into an agreement with any seaman for a scale of provisions less than the scale fixed under clause (g) of sub-section (2) of section 101. 101(2)(g) Fine which may extend to two hundred rupees.
24. If a master fails without reasonable cause, to comply with any of the requirements of section 105, sub-section (4) of section 106 or section 107. 105, 106(4),107 Fine which may extend to fifty rupees.
25. If any person-
(a) is carried to sea to work in contravention of section 109 2*** or section 111; or
(b) is engaged to work in any capacity in a ship in contravention of section 109 2*** or section 111 on a false representation by his parent or guardian that the young person is of an age at which such engagement is not in contravention of those sections.
109, 2*** 111 The master shall be liable to a fine which may extend to fifty rupees;
The parent or guardian shall be liable to a fine which may extend to fifty rupees.
26. If a master refuses or neglects to produce for inspection any certificate of physical fitness delivered to him under section 111 when required to do so by a shipping Master. General Fine which may extend to fifty rupees.
27. If the master of a ship, where there is no agreement with the crew, fails to keep the register of young persons required to be kept under section 112 or refuses or neglects to produce such register for inspection when required so to do by a shipping master. General Fine which may extend two hundred rupees.
28. If the master of a ship other than an Indian ship engages a seaman in India otherwise than in accordance with section 114. 114 Fine which may extend to one hundred rupees for every seaman so engaged.
29. If any owner, master or agent willfully disobeys any order under section 115. 115 Imprisonment which may extend to three months, or fine which may extend to one thousand rupees, or both.
30. If a master fails to comply with section 116. 116 Fine which may extend to one hundred rupees.
31. If any person obstructs any officer referred to in section 117 in the exercise of his powers under that section. General Fine which may extend to one hundred rupees.
32. If a master or owner acts in contravention of sub-section (1) or sub-section (2) of section 118. 118(1), 118(2) Fine which may extend to one hundred rupees.
33. If a master fails to comply with the provisions of sub-section (1) of section 119 or, without reasonable cause, fails to return the certificate of competency to the officer concerned as required by sub-section (2) of that section. 119(1), 119(2). Fine which may extend to two hundred rupees.
34. If a master fails to comply with section 120 120 Fine which may extend to one hundred rupees.
35. If any person- (a) forges or fraudulently alters any certificate of discharge or a certificate as to the work of a seaman or a continuous discharge certificate or a copy of any such certificate; or
(b) fraudulently uses any certificate of discharge or a certificate as to the work of a seaman or a continuous discharge certificate or a copy of any such certificate which is forged or altered or does not belong to him.
General Imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both.
36. If any person acts in contravention of sub-section (1) of section 121. 121(1) Fine which may extend to one thousand rupees.
37. If a master-
(a) fails without reasonable cause to comply with sub-section (1) or sub-section (3) of section 122; or
122(1), 122(3). Fine which may extend to two hundred rupees.
(b) delivers a false statement for the purpose of sub-section (2) of section 122. 122 (2)
38. If a master fails, without reasonable cause, to comply with section 125. 125 Fine which may extend to fifty rupees.
39. If a master or owner pays the wages of a seaman in a manner contrary to sub-section (1) of section 128. 128(1) Fine which may extend to one hundred rupees.
40. If a master fails to comply with section 131 131 Fine which may extend to one hundred rupees.
41. If any person fails, without reasonable cause, to comply with any requisition under section 133. 133 Fine which may extend to fifty rupees.
42. If a seaman contravenes sub-section (3) of section 135. 135(3) Imprisonment which may extend to one month, or fine which may extend to one hundred rupees, or both, but nothing herein shall take away or limit any other remedy which any person would otherwise have for breach of contract or refund of the money advanced or otherwise.
1[42A. If the master or owner contravenes the provisions of section 138A 138A Fine which may extend to double the average wages per hour payable to the seaman for working beyond forty-eight hours.]
43. If any person commits a breach of any term of any award which is binding on him under sub-section (5) of section 150 General Imprisonment which may extend to one month, or fine which may extend to one thousand rupees, or both.
44. If a seaman or an owner contravenes section 151. 151 Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.
45. If a master fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice or to making in the official log book the proper entries relating thereto or to the payment or delivery of such property as required by sub-section (1) of section 154. 154(1) Fine which may extend to three times the value of the property not accounted for or if such value is not ascertained, to five hundred rupees, but nothing herein shall affect his liability under sub-section (1) of section 154 to account for the property not accounted for.
46. If the master of an Indian ship fails or refuses without reasonable cause to receive on board, his ship or to give a passage or subsistence to, or to provide for, any seaman contrary to sub-section (1) of section 163. 163(1) Fine which may extend to one thousand rupees in respect of each such seaman.
47. (a) If a master fails to comply with, or contravenes any provision of sub-section (3) of section 168;
(b) if a master or any other person having charge of any provisions or water on board a ship liable to inspection under section 168 refuses or fails to give the person making the inspection reasonable facility for the purpose.
168 (3)
168 (6)
Fine which may extend to two hundred rupees, but nothing herein shall affect the power to detain the ship under sub-section (2) of section 168;
Fine which may extend to two hundred rupees.
48. If a master fails to furnish provisions to a seaman in accordance with the agreement entered into by him and the court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for use. General Fine which may extend to five hundred rupees, but nothing herein shall affect the claim for compensation under sub-section (1) of section 169.
49. If a master fails without reasonable cause to comply with section 171. 171 Fine which may extend to one hundred rupees.
50. (a) If any requirement of section 172 is not complied with in the case of any ship; or
(b) if obstruction is caused to the port health officer in the discharge of his duty.
172 The owner shall be liable to fine which may extend to two hundred rupees unless he can prove that the non-compliance was not caused by his inattention, neglect or wilful default;
The owner or master shall be liable to fine which may extend to two hundred rupees unless he can prove that the obstruction was caused without his knowledge or connivance.
51. If any foreign-going ship referred to in sub-section (1) of section 173 does not carry on board a duly qualified medical officer. 173(1) The owner shall be liable for each voyage of the ship made without having on board a duty qualified medical officer, a fine which may extend to two hundred rupees.
52. If a muster fails, without reasonable cause, to comply with section 184. 184 Fine which may extend to one hundred rupees.
53. If any person fails to comply with sub-section (1) of section 187. 187(1) Fine which may extend to one hundred rupees.
54. If any person contravenes section 188. 188 Fine which may extend to fifty rupees.
55. If any person goes on board a ship contrary to section 189. 189 Fine which may extend to two hundred rupees.
56. If a master, seaman or apprentice contravenes section 190. 190 Imprisonment which may extend to two years or fine which may extend to one thousand rupees, or both.
57. If a seaman or apprentice -
(a) deserts his ship;
191(1) (a) He shall be liable to forfeit all or any part of the property he leaves on board and of the wages he has then earned and also if the desertion takes place at any place not in India, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to India, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him, and also to imprisonment which may extend to three months;
(b) contravenes clause (b) of sub-section (l) of section 191. 191 (1) (b) he shall, if the contravention does not amount to desertion, be liable to forfeit out of his wages a sum not exceeding two days pay and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months
58. If any person contravenes sub-section (3) of section 193. 193 (3) Fine which may extend to two hundred rupees.
59. If a seaman or apprentice is guilty of the offence specified in-
(i) clause (a) of section 194;
(ii) clause (b) of section 194;
(iii) clause (c) of section 194;
(iv) clauses (d) and (e) of section 194;
(v) clause (f) of section 194.
194 Forfeiture out of his wages of a sum not exceeding one month's pay.
forfeiture out of his wages of a sum not exceeding two days" pay;
imprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both;
forfeiture out of his wages of a sum equal to the loss sustained and also imprisonment which may extend to three months.
60. If any master fails to comply with section 197. 197 Imprisonment which may extend to one month, or fine which may extend to one hundred rupees, or both.
61. If a seaman on or before being engaged wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship or wilfully and fraudulently makes a false statement of his own name General Fine which may extend to fifty rupees.
62. If a master or owner neglects or refuses to pay over the fine under sub-section (1) of section 202. 202 Fine which may extend to six times the amount of the fine retained by him.
63. If any person contravenes section 203. 203 Fine which may extend to one hundred rupees.
64. If any person contravenes section 204. 204 Fine which may extend to one hundred rupees
65. If any person goes to sea in a ship contrary to sub-section (1) of section 205. 205(1) Imprisonment which may extend to one month, or fine which may extend to two hundred rupees, or both.
66. (a) If any person willfully disobeys the prohibition obtained in clause (a) of section 206;
(b)If any master or owner refuses or neglects to deposit any wages, money, or other property or sum in the manner required by clause (b) of section 206.
206 (a)
206 (b)
Imprisonment which may extend to three months, or fine which may extend to one thousand rupees; or both;
Fine which may extend to five hundred rupees.
67. If a master fails to deliver or transmit the documents referred to in sub-section (1) of section 208 or section 209 as provided therein. 208 (1), 209 Fine Which may extent to five hundred rupees.
68. If a master contravenes sub-section (1) of section 210. 210(1) Imprisonment which may extend to three months, or fine which may extend to one thousand rupees, or both.
69. If any person harbours or secretes any deserter knowing or having reason to believe that he has deserted General Fine which may extend to two hundred-rupees.
70. If a master fails to comply with sub-section (2) of section 214. 214(2) Fine which may extend to one hundred rupees.
71. (a) If sub-section (1) of section 215 is not complied with;
(b) If any person contravenes sub-section (2) of section 215.
215(1)
215(2)
The master shall be liable to fine, which may extend to fifty rupees, if no other penalty is provided in this Act;
Fine which may extend to three hundred rupees.
72. If any person willfully destroys or mutilates or renders illegible any entry in any official log book or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log book. General Imprisonment which may extend to one year.
73. If a master fails, without reasonable cause, to comply with section 216. 216 Fine which may extend to two hundred rupees.
74 If a master or owner fails, without reasonable cause, to comply with section 217. 217 Fine which may extend to one hundred rupees.
75. If an owner, agent or master without reasonable cause neglects to give the notice required by sub-section (1) of section 229. 229(1) Fine which may extend to five hundred rupees.
76. If an owner or master, without reasonable cause, fails to deliver a certificate under section 230. 230 Fine which may extend to one hundred rupees
77. If a certificate or survey is not affixed or kept affixed as required by section 231. 231 The owner or master shall be liable to fine which may extend to two hundred rupees.
78. If a ship carries or attempts to carry passengers in contravention of sub-section (1) of section 220 or has on board a number of passengers in contravention of sub-section (1) of section 231. 220(1),
232(1)
The owner, agent or master shall be liable to fine which may extend to one thousand rupees.
79. (a) If a person is guilty of any offence specified in sub-section (1) of section 233;
(b) If a person contravenes sub-section (2) of section 233.
233(1)
233(2)
The person concerned shall be liable to fine which may extend to fifty rupees; but this liability shall not prejudice the recovery of the fare, if any, payable by him;
Fine which may extend to three hundred rupees.
80. If 1[a special trade passenger] or pilgrim. ship departs or proceeds on a voyage from or discharges 2[special trade passengers] or pilgrims at any port or place within India in contravention of sub-section (1) of section 237, or if a person is received as 1[a special trade passenger] or pilgrim on board any such ship in contravention of sub-section (2) of that section.] 237(1),
237(2)
The master-owner or agent shall be liable to fine which may extend to one thousand rupees.
81. If the master, owner or agent of 3[a special trade passenger] or pilgrim ship fails to give the notice required by sub-section (1) of section 238 238(1) Fine which may extend to two hundred rupees.
82. If a person impedes or refuses to allow any 239 entry or inspection authorised by sub-section 239. 239 Fine which may extend to five hundred rupees.
83. If a master or owner fails to comply with section 246. 246 Fine which may extend to two hundred rupees.
84. If the master, owner or agent of 1[a special trade passenger] or pilgrim ship, after having obtained any of the certificates mentioned in Part VIII, fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, or 2[special trade passengers] or pilgrims or other matters to which the certificate relates. General Imprisonment for a term which may extend to six months, or fine which may extend to two thousand rupees, or both.
85. If the master of 1[a special trade passenger] or pilgrim ship or any contractor employed by him for the purpose contravenes section 247. 247 Fine which may extend to thirty rupees for every 3[special trade passenger] or pilgrim, who has sustained detriment by the omission to supply the prescribed provisions.
86. If 1[a special trade passenger] or pilgrim ship carries 2[special trade passengers] or pilgrims in contravention of sub-section (1) section 248. 248(1) The master, owner or agent shall be liable to fine which may extend to two thousand rupees.
87. If a master, owner or agent contravenes section 249. 249 Fine which may extend to one thousand rupees.
88. If an owner, agent or master contravenes section 252. 252 Fine which may extend to one thousand rupees.
89. If the master, owner or agent fails to comply with sub-section (1) of section 255. 255(1) Fine which may extend to two hundred rupees
4[89A. If a master, owner or agent contravenes sub-section (6) of section 255. 255(6) Fine which may extend to two thousand rupees.]
90. If medical officers or medical attendants are not carried on 1[a special trade passenger ship] as required by sub-section (1) or sub-section (2) of section 259 as the case may be; or if the ship is not provided with a hospital, medical stores and equipment as required by sub-section (3) of that section. 259 The master, owner or agent shall be liable for each voyage made in contravention of section 259 to fine winch may extend to five hundred rupees.
4[90A. (a) If medical officers and attendants are not carried on a pilgrim ship in accordance with clause (a) of sub-section (4) section 259; or
(b) If a medical officer or attendant or a pilgrim ship contravenes clause (c) of sub-section (4) of section 259.
259(4)(a)
259(4)(c)
The master, owner or agent shall be liable for each voyage made in contravention of clause (a) of sub-section (4) of section 259 to fine which may extend to three hundred rupees. fine which may extend to two hundred rupees.]
91. If an owner, agent or master contravenes section 260. 260 Fine which may extend to one thousand rupees.
94. If section 291 is not complied with in the case of a ship. 291 The master or owner shall be liable to fine which may extend to one thousand rupees.
95. If section 292 is not complied with in the case of a ship. 292 The master or owner shall be liable to fine which may extend to two hundred rupees.
96. If any ship proceeds or attempts to proceed to sea in contravention of section 297. 297 The master or owner shall be liable to fine which may extend to two hundred rupees.
97. If any ship proceeds or attempts to proceed to sea without carrying on board the information required by 2* * * section 298. 298 3*** The master or owner shall be liable to fine which may extend to one thousand rupees.
98. If any ship proceeds or attempts to proceed to sea in contravention of section 307. 307 The master or owner shall be liable to fine which may extend to- (a) in the case of a passenger ship, to one hundred rupees for every passenger carried on board the ship but without prejudice to any other remedy or penalty under this Act; and
(b) in the case of a ship other than a passenger ship, to one thousand rupees.
4[98A. If the owner, agent or master fails to comply with section 309A. 309A Fine which may extend to five hundred rupees.]
99. If any ship proceeds or attempts to proceed to sea in contravention of section 312. 312 The master or owner shall be liable to fine which may extend to one thousand rupees.
100. If any ship is loaded in contravention of section 313. 313 The master or owner shall be liable to fine which may extend to ten thousand rupees and to such additional fine not exceeding 5[five thousand rupees] for every inch or fraction of an inch by which the appropriate load lines on each side of the ship are submerged or would have been submerged if the ship had been in salt waters and had no list, as the Court thinks fit to impose, having regard to the extent to which the earning capacity of the ship is or would have been increased by reason of the submersion: Provided that it shall be a good deference for the master or owner to prove that a contravention was due solely to deviation or delay caused solely by stress of whether or other circumstance which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
101. (a) If the owner or master of an Indian ship contravenes sub-section (1) of section 314; or 314(1) Fine which may extend to one thousand rupees;
(b) If any person contravenes sub-section (2) of section 314. 314(2)
102. If a master or owner fails to deliver the certificate as required under sub-section 1[(8)] of section 317. 317 1[(8)] Fine which may extend to one hundred rupees.]
103. If a master proceeds or attempts to proceed to sea in contravention of sub-section (1) of section 318. 318(1) Fine which may extend to one thousand rupees.
104. (a) If the owner of an Indian ship fails to comply with clause (a) of sub-section (1) of section 319, or 319(1)(a) Fine which may extend to two hundred rupees.
(b) If a master fails to comply with clause (b) of sub-section (1), or clause (a) or clause (b) of sub-section (2) of section 319. 319(1)(b) 319(2)
105. If the owner, agent or master fails to comply with sub-section (1) of section 331A. 320(1) Fine which may extend to one hundred rupees.
105A. If the owner, agent or master fails to comply with sub-section (1) of section 331A. 331A Fine which may extend to one thousand rupees.]
106. (a) If a master, owner or agent is guilty of an offence under sub-section (1) of section 332; or 332(1) Fine which may extend to three thousand rupees.
Fine which may extend to one thousand rupees.
(b) If the owner or master of a ship is guilty of an offence under sub-section (2) of section 332; or 332(2)
(c) If a master fails to deliver any notice required by sub-section (3) of section 332 or if in any such notice he makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular. 332(3)
107. If a ship is loaded in contravention of sub-section (1) of section 333. 333(1) The master or owner shall be liable to fine which may extend to ten thousand rupees and to an additional fine not exceeding one thousand rupees for every inch or fraction of an inch by which the appropriate sub-division load line on each side was submerged or would have been submerged if the ship had no list, as the Court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.
108. If a person is guilty of an offence under sub-section (1) or if a master is guilty of an offence under sub-section (2) of section 334. 334(1), 334(2) Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.
1[108A. If an Indian nuclear ship proceeds or attempts to proceed to sea in contravention of sub-section (1) of section 344C. 344C The master or owner shall be liable to fine which may extend to ten thousand rupees.
108B. If an Indian nuclear ship, fails to comply with sub-section (1) of section 344D. 344D The master or owner or agent shall be, liable to imprisonment which may extend to six months or fine which may extend to ten thousand rupees or both.
108C. If a nuclear ship other than an Indian ship enters the territorial waters of India in contravention of section 344E 344E The master shall be liable to fine which may extend to ten thousand rupees.
108D. If the master of a nuclear ship fails to give the notice required by sub-section (1) of section 344F. 344F Fine which may extend to ten thousand rupees.
108E. (a) If the master of a nuclear ship fails to give the notice required by sub-section (1) or sub-section (2) or sub-section (5) of section 344G;
(b) if the master of a nuclear ship fails to comply with any directions issued under sub-section (3) or sub-section (5) of section 344G.
344G(1), (2) and (5)
344G(3) and (5)
Imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both.
Imprisonment which may extend to one year or fine which may extend to ten thousand rupees or both.]
109. If a master or person in charge of a ship fails, without reasonable cause to comply with section 348. 348 Imprisonment which may extend to three months or fine which may extend to three thousand rupees, or both.
110. If a master fails to comply with section 349. 349 Fine which may extend to two hundred rupees.
111. If the owner or master fails, without reasonable cause, to comply with section 350. 350 Fine which may extend to five hundred rupees.
112. If the owner or agent fails, without reasonable cause, to comply with section 351 351 Fine which may extend to five hundred rupees.
113. If any person contravenes section 353. 353 Fine which may extend to five hundred rupees.
114. If a master fails to comply with section 354. 354 Fine which may extend to five hundred rupees.
115. (a) If a master fails to comply with sub-section (1) or sub-section (2) of section 355; or
(b) If a master fails to comply with sub-section (5) of section 355.
355(1), 355(2)
355(5)
Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.
Fine which may extend to one thousand rupees.
1[115A. If a master fails to comply with section 355A. 355A Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.]
1[115B. (a) If oil or oily mixture is discharged in contravention of sub-section (1) of section 356C-
(i) where such discharge is made from an Indian tanker anywhere into the sea; 356C(1) The master of the tanker shall be liable to fine which may extend to five lakh rupees.
(ii) where such foreign tanker anywhere within the coastal waters of India. 356C(1) The master of the tanker or, if the tanker is unmanned, the person in charge of its operation shall be liable to fine which may extend to five lakh rupees.
(b) If oil or oily mixture is discharged in contravention of sub-section (2) of section 356C-
(i) where such discharge is made by an Indian ship other than a tanker anywhere into the Sea
356C(2) The master, or if the ship is unmanned; the person in charge of the operation shall, be liable to fine which may extend to five lakh rupees.
(ii) where such discharge is made by a foreign ship oilier than a tanker anywhere within the coastal waters of India. 356C(2) The master of the ship shall be liable to fine which may extend to five lakh rupees.
(c) If oil or oily mixture is discharged in contravention of sub-section (3) of section 356C. 356C(3) The master of the offshore installation if it be a mobile craft or the owner, operator, lessee or licence of an offshore insulation of any other type shall be liable to fine which may extend to five lakh rupees.
115C. If an Indian ship is not fitted with equipment prescribed under section 356E. 356E The owner, master or agent of Indian ship shall be liable to fine which may extend to ten thousand rupees.
115E. If master of any ship refuses to certify copy of any entry in the oil record book to be a true copy of such entry as required under sub-section (2) of section 356G. 356G(2) The master of the ship shall be liable to fine which may extend to one thousand rupees.
115F. If any person fails to take action as required by a notice served on him under sub-section (1) of section 356J. 356J(1). The offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to ten lakh rupees or both.
115G. If owner of any Indian ship, tug, barge or any other equipment fails to comply with any order issued under sub-section (l) of section 356L. 356L(1) The offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to one lakh rupees, or both and if the offence is a continuing one the offender shall be liable to a further fine which may extend to ten thousand rupees per day for every day during which the offence continues after conviction.]
1[115H. If the owner of an Indian ship fails to comply with section 356R 356R Fine which may extend to fifteen lakh rupees.
115-I. If a master proceeds or attempts to proceed to sea in contravention of section 356S 356S Fine which may extend to three lakh rupees.
115J. If the owner of an Indian ship or any person fails to comply with the rules made or measures taken by the Central Government under section 356U 356U Fine which may extend to one Lakh and fifty thousand rupees.
115K. If the master of a ship fails to maintain records as required by section 356V 356V Fine which may extend to one lakh and fifty thousand rupees.
115L. If the master of a ship fails to comply with sub-section (1) of section 356W 356W(1) Fine which may extend to one lakh and fifty thousand rupees.]
116. If any person bound to give notice under sub-section (2) of section 358 fails to give such notice. 358(2) Fine which may extend to five hundred rupees and in default of payment, simple imprisonment which may extend to three months.
117 If a master or ship's officer fails to comply with section 378. 378 Fine which may extend to five hundred rupees.
118. If any person wilfully disobeys any direction of the receiver of wreck under section 392. 392 Fine which may extend to five hundred rupees.
119. If the owner or occupier of any land impedes or in any way hinders any person in the exercise of the rights given by section 393. 393 Fine which may extend to five hundred rupees.
120. (a) If any person omits to give notice of the finding of any wreck to the receiver of wreck as required by clause (a) of section 395; or
(b) if any person omits to deliver any wreck as required by clause (b) of section 395.
395(a)
395(b)
Fine which may extend, to one thousand rupees;
Fine which may extend to one thousand rupees and in addition forfeiture of all claims to salvage and payment to the owner of such wreck, if the same is claimed, or if the same is unclaimed, to the Government, a penalty, not exceeding twice the value of such wreck.
121. If any person contravenes any of the provisions of section 400. 400 Fine which may extend to five hundred rupees.
122. (a) If a ship is taken to sea in contravention of sub-section (1) of section 406 or if a ship engages in the coasting trade in contravention of sub-section (1) of section 407; or 406(1), 407(1) The master or owner of the ship or in the case of a ship other than an Indian ship the master, agent in India of the owner or the charterer of the ship in respect of which the contravention has taken place shall be liable to imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.
(b) if, without reasonable excuse, any limitation or condition contained in a licence granted under section 406 or section 407 is contravened. 406, 407
123. If a person to whom a licence under section 406 or section 407 has been granted fails to comply with section 409. 409 Fine which may extend to one hundred rupees.
124. (a) If any directions given under section 411 are not complied with; or 411 The owner, master or agent shall be liable to imprisonment for a term which may extend to six months, or to fine which may extend to one thousand rupees, or both.
(b) if the provisions of sub-section (3) of section 412 are contravened. 412(3)
125. If the owner, master or agent on whom a notice has been served under section 413 fails to furnish the information required within the time specified or furnishing the information makes any statement which he knows to be false on any material particular. 413 Imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both.
126. If a selling vessel required to be registered under section 417 is not registered in accordance with the provisions of that section. 417 The owner or tindal shall be liable to fine which may extend to five hundred rupees.
127. If the owner fails to comply with section 418. 418 Fine which may extend to two hundred rupees.
128. If the provisions of section 419 are contravened. 419 The owner or tindal shall be liable to fine which may extend to two hundred rupees.
129. If any sailing vessel attempts to ply or proceed to sea without free board markings or is so loaded as to submerge such markings, or plies or proceeds to sea without a certificate of inspection as required by sub-section (1) of section 421, or if any of the terms and conditions specified in such certificate are contravened. 420(3),
421
The owner or tindal shall be liable to imprisonment which may extend to six months, or to fine which may extend to five hundred rupees, or both.
130. If the owner fails to comply with section 423. 423 Fine which may extend to two hundred rupees and in addition a fine which may extend to twenty rupees for every day during which the offence continues after conviction.
131. If the owner fails to comply with section 425. 425 Fine which may extend to two hundred rupees.
132. If any person contravenes section 426. 426 Fine which may extend to five hundred rupees.
133. If any person contravenes any of the provisions of section 428. 428 Imprisonment which may extend to three months, or fine which may extend to two hundred rupees, or both.
134. If the owner or tindal fails to comply with any of the provisions of section 429. 429 Fine which may extend to two hundred rupees.
135. If the owner or tindal fails to comply with sub-section (1) of section 430. 430(1) Imprisonment which may extend to three months, or fine which may extend to two hundred rupees, or both
136. (a) If a sailing vessel is engaged in the coasting trade in contravention of sub-section (1) of section 431; or 431(1) The owner, tindal or agent shall be liable to imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both.
(b) if any of the terms and conditions imposed under sub-section (2) of section 431 are contravened 431(2)
1[136A.] If any person is guilty of an offence under sub-section (1) of section 432. 432(1) Imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both.
2[137. If the owner fails to comply with sub-section (1) of section 434-A 434A(1) Imprisonment which may extend to six months or fine which may extend to five thousand rupees, or both.]
3[137A. If an Indian fishing boat required to be registered under section 435C is not registered in accordance with the provisions of that section. 435C The owner shall be liable to fine which may extend to one thousand rupees.
137B. If the owner of an Indian fishing boat fails to comply with the provisions of section 435-H. 435H The owner shall be liable to fine which may extend to two hundred rupees.
137C. If the provisions of section 435-1 are contravened. 435-I The owner shall be liable to fine which may extend to two hundred rupees.
137D. If the provisions of section 435J are contravened. 435J The owner, skipper, tindal or any other person in charge of the Indian fishing boat shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction.
137E. If the provisions of section 435K are contravened. 435K The owner, skipper, tindal or any other person in charge of the Indian fishing boat shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction.
137F. If the provisions of section 435M are contravened. 435M The owner shall be liable to fine which may extend to one thousand rupees and in addition to fine which may extend to fifty rupees for every day during which the offence continues after conviction.
137G. If the provisions of section 435N are contravened. 435N The owner shall he liable to fine which may extend to two hundred rupees and in addition to fine which may extend to twenty rupees for every day during which the offence continues after conviction.
137H. If the provisions of section 435P are contravened. 435P The owner shall be liable to fine which may extend to two hundred rupees.
137-I. If any person contravenes the provisions of section 435Q. 435Q The offender shall be liable to fine which may extend to five hundred rupees.
137J. If any person contravenes the provisions of section 435S. 435S The offender shall be liable to imprisonment which may extend to three months or fine which may extend to two hundred rupees or both.
137K. If the provisions of section 435T are contravened. 435T The owner, skipper, tindal or any other person in charge of the Indian fishing boat shall be liable to fine which may extend to two hundred rupees.]
138. (a) If the master is guilty of an offence under sub-section (2) of section 444; or 444(2) Fine which may extend to one thousand rupees.
(b) if the owner, master or agent is guilty of an offence under sub-section (3) of section 444. 444(3)
139. If' any person exercises the profession of a ship surveyor in contravention of section 450; 450 Fine which may extend to one thousand rupees.
140. If any person does any act in contravention of sub-section (2) of section 454 in respect of which no other penalty is provided. 454(2) Fine which may extend to two hundred rupees.
141. If any person is guilty of an offence under sub-section (2) of section 456. 456(2) Fine which may extend to five hundred rupees


Merchant Shipping (Amendment) Act, 1986 Back




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