PART XVI Penalties And Procedure

Penalties

436. Penalties

Procedure

437. Place of trial

438. Cognizance of offences

439. Jurisdiction of magistrates

440. Special provision regarding punishment

441. Offences by companies

442. Depositions to be received in evidence when witness cannot be produced

443. Power to detain foreign ship that has occasioned damage

443. Power to enforce detention of ship

445. Levy of awes, etc. by distress of movable property or ship

446. Notice to be given to consular representative of proceedings taken in respect of foreign ship

447. Application of lines

448. Service of documents

 

 

436. Penalties-- (1) Any perosn 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 offecne; 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.

 

 

 

S.No. Offences Section of this Act to which offences has reference Penalties
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 wilfully makes a false statement in the builders 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 ships 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, 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 started to have been mislaid, lost, or destroy or if a person is entitled to the certificate of registry obtains it at any time afterwards but fails to delivery 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 a 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 persons 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 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 everyday 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 the every other person hoisting the colours shall
 13 If a person contravenes section 64 64 Imprisonment whcih 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 thousad 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) wilfully 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, peroduces 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
 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 as 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(I) (c)
mprisonment 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 every day 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 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 contraventin 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 fo 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 entereing 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 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, section 110 or section 111;or

(b)is engaged to work in any capacity in a ship in contravention of section 109, section 110 or section 111 on a false representation by his parent or guardian that the young person is of an age at whcih such engagement is not in contravention of those sections

109,110, 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 person 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 to 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 wilfully disobeys any order under section 115 115 Imprisonement which may extend to three months, or ine 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 secton 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 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 or a copy of any such certificate which is forged or altered or does not belong to him

General Imprisonment which may extent 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 resasonable cause to comply with sub-section (1) or subsection (3) of section 122; or

(b)delivers a false statement for the purpose of sub-section (2) of section 122

122(1),

122(3)

122(2)

Fine which may extend to two hundred rupees
 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 persons 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
 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 contraves 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 diseased 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 hundrd rulpees , 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 ships fails or refuses without reasonable cost to receive on board his ship or go give a passage or subsistence to, or to provide for, any seamen contravene 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 contravene 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 liabile to inspection under section 163 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 huyndred rupees , but nothing herein shallo 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 theneglect of 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 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 liable to fine which may extend to two hundred rupees unless he can prove that the non compliance was not caused by his in-attention, 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 duly qualified medical officer, a fine which may extend to two hundred rupees
 52 If master fail, without reasonable cause, to comply with to sectiontion 184 184 Fine which may extend to one hundred rupees
 53 If any poerson 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 ships;

(b) contravention clause
(b) of sub-section (1)of section 191

191(1)(a)

191(1)(b)

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 or 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;

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 subs titute and also to imprisonment which may extend to two months

 58 If any person contravenes sub-section (3) of section 193 193(3) style="padding:8px;"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) fo secdtion 194;

(iv) clasues (d) and (e) of section 194;

(v) clause (f) of section 194

194

Forfeiture of his wages of a sum not exceeding one months pay

Forfeiture out of his wages of a sum not exceeding two days pay;

Imprisionment which may extend to one month and also for every twenty-four hours of continuance of such disobedience or neglect, forfeiture out of his wages of a sum not exceedign six days pay or any expenses which may have been properly incurred in hiring a substitute;

Imprisonment which may extend to three months , or fine which may extend a 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 mster or owner neglects or refuses to pay over the fine under sub-section (1) of section 202 202 Fine which extend to six times the amount of the fine retained by him
 63 If any person contravnes section 203 203 Fine which ma 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 wilfully disobeys the prohibtion contained in clause (a) of section 206; or

(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 two hundred 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 extend 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 a 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 wilfully 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 etnry in omission from an official log book General Imprisonment which may extend to one year
 73 If a master fails, without reasonable cuase, 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 delvier a certificate under section 230 230 Fine which may extend to one hundred rupees
 77 If a certificate of survey is not affixed or ept affixed as required by section 231 231 The owner or master shall be liable to fine which may extend to one thousand 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 232 220(1)
232(1)
The owner 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 tofine which may extend to fifty rupees; but this liability shall not prejudice the recovery of the fare, if any, payable by him;

Fine shich may extend to three hundred rupees

 80 If 1[a speical trade passenger] or pilgrim ship departs or proceeds on a voyage from or discharges 2[special trade passenger] or pilgrim on board any port or place within India in contravention of sub-section (1) of section 237, or if a person is recieved 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 liabe to fine which may extend to one thousand rupees
 81 If the master, owner or agent of 1[a speical 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 entry or inspection authorised by section 239 239 Fine which may attend to five hundred rupees
 83 If a master or owner fails to comply with section 246 246 Fine which may attend 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 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 2[a special trade passenger] or pilgrim ship or any contractor employed by him for the purpose contravenes section 247 247 Fine whichmay 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 2[a speical trade passenger ] or pilgrim ship carries 1[special trade passengers] or pilgrims in contravention of sub-section (1) of 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 or master 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 5[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 clause (a) of sub-section (4) of section 259 to fine which may extend to three 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) of section 259; or

(b) if a medical officer or attendant on 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 one thousand 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 attempt 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 1*** section 298 298*** 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 thousand rupees for every passengercarried 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

 3[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 rupee
 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 4[five thousand rupees] for every inch by which the approppriate 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 to 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 defence for the master or owner to prove that a contravention was due solely to deviation or delay caused soley by stress of weather or other circumstances which neither the master not the owner nor the charterer, if any, could have prescribed or forestalled

 101

(a) If the owner or master of an Indian ship contravenes sub-section (1) of section 314; or

(b) if any person contravenes sub-section (2), of section 314

314(1)

314(2)

314(2) Fine which ma exted to one thousand rupees
 102 If a master or owner fails to deliver the certificate as required under sub-section 1[(8)] of section 317 3171[(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

(b) if a master fails to comply with clause (b) of sub-section (1), or clause (a) or clause (b) or sub-section (2) of section 319

319(1)(a)

319(1) (b), 319(2)

Fine which may extend to two hundred rupees
 105 If a masterfails to comply with sub-section (1) of section 320 320(1) Fine which may extend to one hundred rupees
 2 [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

(b) if the owner or master of a ship is gulity of an offence under sub-section (2) of section 332; or

(c) if a master fails to deliver any notice required by sub-section (3) of section 332 of 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(1)

332(2)

332(3)

Fine which may extend to three thousand rupees

Fine which may extend to one thousand rupees

 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 thouand rupees and to an additional fine not exceeding on thousand rupees for every inch or fraction of an inch by which the appropriate sub-divisin 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 ne 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 estend 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 maseter of a nuclear ship fails to comply with any directions issued undr 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 one 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 351 651 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 sectio 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 [115 A f 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
 2 [115 B

(a) If oil or oily mixture is discharged in contravention of sub-section (1) of section 356C;

(1) Where such discharge is made from an Indian tanker any where into the sea;

(ii)where such discharge is made from a foreign taner anywhere within the coastal waters of India

(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 taner anywhere into the sea;

(ii) where such discharge is made by a foreign ship other than a tanker anywhere within the coastal waters of India

(c) If oil or oily mixture is discharged in contravention of sub-section (3) of section 356C

3 56C(1)

356(C)1

s356C(2)

356C(2)

356C(3)

The master of the tanker shall be liable to fine whcih may extend to five lakh rupees;

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

The master of the ship shall be liable to fine which may extend to five lakh rupees;

The master or if the ship is unmanned the person in charge of its operation shall be liable to fine which may extend to five lakh rupees

The master of the off-shore installation if it be a mobile craft of the owner, operator, lesse or licensee of an off-shore installation 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 the Indian ship shall be liable to fine which may extend to ten thousand rupees
 115d

(I) If the master of an Indian tanker or other Indian ship fails to maintain an oil record book as required by section 356F or contravenes any rule made under that section;

(ii) If any person wilfully, destroys or mutilates or renders illegible or prevenets the making of, any entry in the oil record book or makes or causes to be made a false entry in the oil record book or makes or causes to be made a fasle entry in such book in contravention of any rule made under section 356F

356F

356f

The masetr of the Indian tanker or other Indian ship shall be liable to fine which may extend to five thousand rupees

The offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to ten thousand rupees or both

 115E If a 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 3546G 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-setion (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, bagre or any other equipments fails to comply with any order issued under sub-section (1) of section 356L 356L(1) The offender shall be liable to penalty or imprisonment 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 one thousand rupees per day for every day during which the offence continues after conviction]
 116 If any person bound to give notice under sub-section (2) of section 358 fail to give such other 358(2) Fine which may extend to five hundred rupees and in default of payment, simple imprisonement which may extend to three months
 117 If a master or ships 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 reciever of wreck under section 392 392 Fine which may extend to five thousand 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 forfietyre 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 provision 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 sectin 406 or if a ship engages in the coasting trade in contravention of sub-section (1) of section 407; or

(b) if, wihtout reasonable excuse, any limitatio or condition contained in a licence granted under section 406or section 407 is contravented

406(1)

407(1)

406,407

The master or owner of the ship or in the case of a ship other than the Indian ship, the master, agent in India or 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 ro fine which may extend to one thousand rupees or both
 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

(b) if the provisions of sub-section (3) of section 412 are contravened

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
 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 paritcular 413 Imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both
 126 If a sailing 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 seciton 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 piles or proceeds to sea without a certificate of inspection as required by subsection

(1) of section 421, or if any of the terms and conditions specified in such certificate are contravened

420(3),421 The owner of 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 ma 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 conviciton
 131 If the owner fails to comply with section 425 425 Fine which may extend to two hundred rupees
 132 If any person contravene section 426 426 Fine which may extend to five hundred rupees
 133 If any person contravenes any of the provisions fo section 428 428 Imprisonment which may extend to threee 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 provision fo 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

(b)if any of ther terms and conditions imposed under sub-section (2) of section 431 are contravened

431(1)

431(2)

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
 1 [136 A] If any perosn 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 434A 434A(1) Imprisonment which may extend to six months, or fine which may extend to five thousand rupees, or both]
 2 [137 A 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 435H 435H The owner shall be liable to fine which may extend to two hundred rupees
 137B If the owner of an Indian fishing boat fails to comply with the provisions of section 435H 435H The owner shall be liable to fine which may extend to two hundred rupees
 137C If provisions of section 435I are contrevened 435I The owner shall be liable tofine which may extend to two hundred rupees
 137D If 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 fifty rupees for every day during which the offence continues after conviction
 137E If provisions of section 435K are contravened 435M The owner, skipper tindal or any other person in chareg 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 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 provisions of section 435N are contravened 435N The owner shall be liable to fine which may extend to two hundred rupees and in addition to fine which may extend to twenty rupees for every day dudring which the offence continues after conviction
 137H If provisions of section 435P are contravened 435P The owner shall be liable to fine which may extend to two hundred rupees
 137I 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 perovisions of section 435S 435S The offender shall be laible to imprisonment which may extend to three months or fine which may extend to two hundred rupees, or both
 137K If provisions of section 435T are contravened 435T The owner, skipper, tindal or any other person in charge of the Indian fishing boat shasl 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

(b)if the owner, master or agent is guilty of an offence under sub-section (3) of section 444

442(2)

444(3)

Fine which may extend to one thousand rupees
 139 If any person exercise the professions 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

 

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