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23. Offences.-

(1) (a) Whoever undertakes any reconnaissance operation, exploration operation or production operation in offshore area without any permit, licence or lease, as the case may be, granted under this Act shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.

(b) A permittee, licensee or lessee who does not furnish any data, information or document under sub-section (2) of section 5, in the manner provided therein, shall be punished with imprisonment which may extend to three years, or with fine which may extend to twenty-five thousand rupees, or with both.

(c) Any vessel, together with its gear, boats, stores and cargo, used or employed in violation of section 5, along with any mineral recovered or processed in violation of that section, if any, shall be confiscated.

(d) Whoever ships, transports, offers for sale, sells, purchases, imports, exports, or has custody, control or possession of, any mineral recovered, processed or retained in violation of this Act or any rule made thereunder shall be punished with imprisonment which may extend to three years, or with fine which may extend to three years, or with fine which may extend to fifty lakh rupees, or with both.

(2) Whoever-

(a) intentionally obstructs any authorised officer referred to in section 22 in the exercise of any powers conferred under this Act; or

(b) fails to afford reasonable facilities to the authorised officer referred to in section 22 or his assistant to board the vessel or enter the mine or to provide for adequate security to such officer or assistant at the time of entry into the vessel or mine or when they are on board such vessel or mine; or

(c) fails to stop the vessel or mine or to produce the licence, permit, log book or any other document, as the case may be, on board such vessel, or mine, when required to do so by the authorised officer referred to in section 22; or

(d) interferes with, delays, or prevents, by any means, the lawful apprehension of any person under this Act,

shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.

(3) Whoever contravenes any other provision of this Act or rules made thereunder, other than those specified in sub-sections (1) and (2) shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to one crore rupees, or with both, and in the case of continuing contravention, with an additional fine which may extend to five lakh rupees for every day during which such contravention continues.



Offshore Areas Mineral (Development and Regulation) Act, 2002 Back




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