(1) Any person who contravenes any provision of this Act or any rule or notification made or issued thereunder or fails to comply with any provision thereof which it was his duty to comply with, shall be liable to penalty or be guilty of an offence under this Act and if in respect of any such contravention or offence no penalty or punishment is specially provided, he shall be liable to penalty which may extend to fifty thousand rupees.
(2) The contraventions mentioned in column (2) of the table below, shall be liable to the extent of penalty mentioned in column (4) of the said table, with reference to such contraventions, respectively.
Table
Serial No. Contravention Section Penalties (1) (2) (3) (4) 1. If the Indian charterer fails to comply with the conditions prescribed under section 16. 16 Penalty which may extend to two lakh rupees. 2. If the owner of an Indian vessel fails to register a vessel under sub-section ( 1 ) of section 20. 20( 1 ) Penalty which may extend to fifty thousand rupees. 3. If a person fails to deliver the certificate of registration to the Registrar or person entitled as required under sub-section ( 2 ) of section 22. 22( 2 ) Penalty which may extend to fifty thousand rupees. 4. If any person transfers a registered mortgage in contravention of sub-section ( 1 ) of section 30. 30( 1 ) Penalty which may extend to one lakh rupees. 5. If an owner fails to make an application for re-registration of a vessel or for registering an alteration of a vessel under section 33. 33 Penalty which may extend to fifty thousand rupees and in addition, a penalty which may extend to two thousand rupees for every day during which the contravention continues. 6. If any person fails to hoist the proper national colours except those declared under sub-section ( 2 ) of section 37, onboard the Indian vessel. 37( 2 ) Penalty which may extend to two lakh rupees. 7. If any person conducts training course in contravention of sub-section ( 2 ) of section 47. 47( 2 ) Penalty which may extend to twenty lakh rupees. 8. If any person obstructs authorised person to inspect any maritime training institute under sub-section ( 3 ) of section 47. 47( 3 ) Penalty which may extend to two lakh rupees. 9. If the master of any vessel fails to produce the certificates under sub-section ( 1 ) of section 49. 49( 1 ) Penalty which may extend to fifty thousand rupees and in addition, a penalty which may extend to five thousand rupees for every day during which the contravention continues. 10. If any person causes a vessel to proceed to sea in contravention of sub-section ( 3 ) of section 57. 57( 3 ) Penalty which may extend to two lakh rupees. 11. If any person engages or employs a person below the age of sixteen years in contravention of section 59. 59 Penalty which may extend to two lakh rupees for every seafarer engaged in the contravention. 12. If any person engages or carries to sea any seafarer in contravention of section 60. 60 Penalty which may extend to fifty thousand rupees for every seafarer engaged in the contravention. 13. If any person engages or carries to sea a seafarer in contravention of sub-section ( 1 ) of section 61. 61( 1 ) Penalty which may extend to two lakh rupees, for every seafarer engaged in the contravention. 14. If any person engages a seafarer in contravention of sub-section ( 1 ) of section 62. 62( 1 ) Penalty which may extend to three lakh rupees for every seafarer. 15. If any person engages a seafarer in contravention of clause (b) of sub-section ( 2 ) of section 62. 62( 2 ) (b) Penalty which may extend to two lakh rupees, for every seafarer engaged in the contravention. 16. If any person discriminates between seafarers in contravention of clause ( d ) of sub-section ( 2 ) of section 62. 62( 2 )( d ) Penalty which may extend to two lakh rupees for every seafarer. 17. If any ship owner, master or his agent engages any person to serve as seafarer in contravention of sub-section ( 3 ) of section 62. 62( 3 ) Penalty which may extend to two lakh rupees. 18. If any recruitment and placement service agency contravene clause ( a ) or clause (b) or clause ( c ) or clause ( d ) of sub-section ( 6 ) of section 62. 62( 6 )( a ), (b) , ( c ) and ( d ) Penalty which may extend to fifteen lakh rupees. 19. If any recruitment and placement service agency contravene clause ( e ) or clause ( f ) of sub-section ( 6 ) of section 62. 62( 6 )( e ) and ( f ) Penalty which may extend to five lakh rupees. 20. If any master or ship owner or recruitment and placement service agency fails to enter into a seafarer employment agreement in contravention of sub-section ( 1 ) of section 63. 63( 1 ) Penalty which may extend to fifty thousand rupees for every seafarer. 21. If a master or ship owner of an Indian vessel fails to discharge a seafarer in contravention of sub-section ( 2 ) of section 80. 80( 2 ) Penalty which may extend to one lakh rupees. 22. If any master discharges a seafarer before the expiration of the period for which he was engaged or leaves a seafarer behind in contravention of sub-section ( 5 ) of section 80. 80( 5 ) Penalty which may extend to fifty thousand rupees. 23. If a master fails to make an entry in the official logbook with respect to a seafarer who is left behind or lost overboard or is deceased, or fails to take charge of his property or fails to discharge such property in contravention of section 81. 81 Penalty which may extend to three times the value of the property not accounted for or if such value is not ascertained, to twenty thousand rupees. 24. If any master or ship owner, or his agent or seafarer fails to produce any logbooks, papers or other documents in any proceedings before a shipping master or fails to attend such proceedings in contravention of section 84. 84 Penalty which may extend to five lakh rupees. 25. If any person commits a breach of any term of an award which is binding on him under sub-section ( 8 ) of section 89. 89( 8 ) Penalty which may extend to two lakh rupees. 26. If any seafarer or class of seafarers or union of seafarers goes or remain on strike in contravention of clause ( a ) of sub-section ( 14 ) of section 89. 89( 14 )( a ) Penalty which may extend to fifty thousand rupees. 27. If any ship owner alters the conditions of service or discharges or punishes a seafarer in contravention of clause (b) of sub-section ( 14 ) of section 89. 89( 14 ) (b) Penalty which may extend to fifty thousand rupees. 28. If any person obstructs the shipping master or surveyor, seafarer welfare officer or Indian ambassador or any other authorised officer from entering or inspecting a vessel under sub-section ( 1 ) of section 93. 93( 1 ) Penalty which may extend to fifty thousand rupees unless he can prove that the obstruction was caused without his knowledge or connivance. 29. If the master or owner of a vessel fails to be in possession of the certificates specified in sub-section ( 2 ) or sub-section ( 3 ) of section 93. 93( 2 ), ( 3 ) Penalty which may extend to fifty thousand rupees unless he proves that the non-compliance was not caused by his inattention, neglect or wilful default. 30. If a master without reasonable cause fails to facilitate a seafarer to make a complaint under section 95. 95 Penalty which may extend to fifty thousand rupees. 31. If a person goes onboard a vessel in contravention of section 96. 96 Penalty which may extend to fifty thousand rupees. 32. If a seafarer deserts his vessel in contravention of clause ( a ) of sub-section ( 1 ) of section 98. 98( 1 )( a ) He shall be liable to forfeit all or any part of the property he leaves onboard and of the wages he has then earned and also if the desertion takes place at any place outside India, to forfeit all or any part of the wages which he may earn in any other vessel 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 vessel 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. 33. If a seafarer neglects or refuses, without reasonable cause, to join the vessel or does not proceed to sea in his vessel or is absent without leave in contravention of clause (b) of sub-section ( 1 ) of section 98. 98( 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 day's 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. 34. If any seafarer quits the vessel without leave under clause ( a ) of sub-section ( 1 ) of section 99. 99( 1 )( a ) Forfeiture out of his wages of a sum not exceeding one month's pay. 35. If any seafarer fails to attend his vessel under clause (b) of sub-section ( 1 ) of section 99. 99( 1 ) (b) Penalty which may extend to one lakh rupees but nothing herein shall take away or limit any other remedy which any person would otherwise have for breach of contract or refund of money advanced or otherwise. 36. If any seafarer wilfully disobeys any lawful command under clause ( c ) of sub-section ( 1 ) of section 99. 99( 1 )( c ) Forfeiture out of his wages of a sum not exceeding two days' pay. 37. If any master fails to report desertion and absence without leave in contravention of section 102. 102 Penalty which may extend to one lakh rupees. 38. If any person persuades or attempts to persuade a seafarer to neglect or refuse to join or proceed to the vessel or deserts his vessel, in contravention of clause ( a ) of section 108. 108( a ) Penalty which may extend to two lakh rupees. 39. If any person harbours or secretes a seafarer who has wilfully neglected or refused to join or has deserted his vessel, in contravention of clause (b) of section 108. 108 (b) Penalty which may extend to two lakh rupees. 40. If any person secretes himself and goes to sea in contravention of section 109. 109 Penalty which may extend to two lakh rupees. 41. If a master fails to deliver documents relating to the navigation of the vessel to his successor in contravention of sub-section ( 1 ) of section 110. 110( 1 ) Penalty which may extend to fifty thousand rupees. 42. If the owner or master of a vessel fails to comply with provisions of the international conventions, treaties or agreements in contravention of sub-section ( 1 ) of section 116. 116( 1 ) Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. agreements in contravention of sub-section ( 1 ) of section 116. 43. If the master of a vessel fails to report the particulars of an incident in contravention of sub-section ( 1 ) of section 117. 117( 1 ) Penalty which may extend to fifty thousand rupees. 44. If the master of a vessel fails to report the particulars of an incident relating to the loss or likely loss overboard of dangerous goods in contravention of sub-section ( 2 ) of section 117. 117( 2 ) Penalty which may extend to two lakh rupees. 45. If any master or owner of an Indian vessel fails to comply with its communication requirements in contravention of section 120. 120 Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. 46. If any master or owner of a vessel does not carry onboard the information required by section 121. 121 Penalty which may extend to one lakh rupees. 47. If the master or owner of the vessel causes a vessel to be loaded in contravention of sub-section ( 1 ) of section 122. 122( 1 ) Penalty which may extend to four lakh rupees and to such additional penalty not exceeding twenty-five thousand rupees for every inch or fraction of an inch by which the appropriate load lines on each side of the vessel are submerged or would have been submerged if the vessel had been in salt waters and had no list, as the principal officer thinks fit to impose, having regard to the extent to which the earning capacity of the vessel is or would have been increased by reason of the submersion. 48. If the owner, agent or master of a vessel carries passengers without certificates required under Part VI in contravention of sub-section ( 1 ) of section 123. 123( 1 ) Penalty which may extend to two lakh rupees. 49. If the owner, agent or master of a vessel carrying passengers fails to make a statement about the passengers onboard such vessel in contravention of sub-section ( 3 ) of section 123. 123( 3 ) Penalty which may extend to two lakh rupees. 50. If the master or owner of a vessel causes a vessel to proceed to sea without valid certificates in contravention of section 124. 124 Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. 51. If a person commits misconduct specified in any of the clauses under sub-section ( 1 ) of section 125. 125( 1 ) Penalty which may extend to fifty thousand rupees. 52. If any person carries or attempts to carry cargo without the required certificates in contravention of sub-section ( 1 ) of section 126. 126( 1 ) Penalty which may extend to five lakh rupees. 53. If any person carries or attempts to carry passengers without the required certificates in contravention of sub-section ( 2 ) of section 126. 126( 2 ) Penalty which may extend to five lakh rupees. 54. If any person or master sends or takes or attempts to send or take to sea unseaworthy vessel in contravention of sub-section ( 1 ) or sub-section ( 2 ) of section 127. 127( 1 ), ( 2 ) Penalty which may extend to two lakh rupees and ten lakh rupees for every repeat contravention and the vessel may also be detained. 55. If the ship owner or master of a vessel or seafarer fails to take all reasonable means to ensure the seaworthiness of a vessel in contravention of sub-section ( 1 ) of section 128. 128( 1 ) Penalty which may extend to two lakh rupees and five lakh rupees for every repeat contravention. 56. If any vessel, company or port facility fails to comply with the requirements for safety and security management in contravention of sub-section ( 1 ) of section 129. 129( 1 ) Penalty which may extend to twenty-five lakh rupees. 57. If any owner or master of an Indian vessel causes polluting substance to be discharged anywhere into the sea or owner or master of a foreign vessel causes polluting substance to be discharged within the coastal waters in contravention of section 133, then--- 133 ( a ) where such discharge is of harmful substances carried by sea in packaged form; 133 Penalty which may extend to ten lakh rupees and such security as may be considered necessary for securing any damages that may arise in future; (b) where such discharge is of sewage; 133 penalty which may extend to five lakh rupees and such security as may be considered necessary for securing any damages that may arise in future; ( c ) where the discharge is of ballast water and sediments; 133 penalty which may extend to five lakh rupees and such security as may be considered necessary for securing any damages that may arise in future; ( d ) where the discharge is of any other polluting substances. 133 penalty which may extend to two lakh rupees and such security as may be considered necessary for securing any damages that may arise in future. 58. If the ship owner, master or any other person permits any vessel or port or platform or man-made structures at sea to engage in dumping in contravention of sub-section ( 6 ) of section 133. 133( 6 ) Penalty which may extend to two lakh rupees and such security as may be considered necessary for securing any damages that may arise in future. 59. If any vessel proceeds to sea without valid certificates in contravention of section 135. 135 Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. 60. If the master of a vessel fails to maintain books of records in contravention of section 136. 136 Penalty which may extend to fifty thousand rupees. 61. If any master or owner of a vessel which is detained under sub-section ( 3 ) of section 137 causes such vessel to proceed to sea before its release in contravention of section 137. 137( 3 ) Penalty which may extend to one lakh rupees. 62. If the master of a vessel fails to report the particulars of an incident in contravention of sub-section ( 1 ) of section 138. 138( 1 ) Penalty which may extend to one lakh and fifty thousand rupees. 63. If any port authority or officer fails to comply with the directions issued by the Central Government under sub-section ( 2 ) of section 142. 142( 2 ) Penalty which may extend to ten lakh rupees. 64. If a master or person in-charge of a vessel fails to render assistance in case of collision in contravention of sub-section ( 1 ) of section 158. 158( 1 ) Penalty which may extend to five lakh rupees. 65. If a master fails to enter a statement in relation to a collision in the official logbook in contravention of section 159. 159 Penalty which may extend to fifty thousand rupees. 66. If the master or ship owner or his agent fails to transmit a report of the accident or damage to the Director-General or the nearest principal officer in contravention of section 160. 160 Penalty which may extend to one lakh rupees. 67. If the owner or agent of any Indian vessel fails, without reasonable cause, to give notice of loss of Indian vessel to the Director-General in contravention of section 161. 161 Penalty which may extend to one lakh rupees. 68. If any person fails to maintain compulsory insurance or other financial security for maritime claims in contravention of section 172. 172 Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. 69. If any master or ship owner does not carry the certificate required under sub-section ( 1 ) or sub-section ( 2 ) of section 190. 190( 1 ), ( 2 ) Penalty which may extend to one lakh rupees. 70. If any master or ship owner does not carry the certificate required under sub-section ( 1 ) or sub-section ( 2 ) of section 207. 207( 1 ), ( 2 ) Penalty which may extend to fifteen lakh rupees. 71. If any person refuses or wilfully neglects to comply with a notice or makes any false statement in contravention of sub-section ( 4 ) of section 217. 217( 4 ) Penalty which may extend to one lakh rupees. 72. If the primary response party fails to engage in maritime emergency response under section 226. 226 Penalty which may extend to five lakh rupees and the vessel may also be detained. 73. If the owner or master of a vessel fails to conclude contracts with salvors under section 251. 251 Penalty which may extend to fifty thousand rupees. 74. If a salvor fails to perform his duties under sub-section ( 1 ) of section 252. 252( 1 ) Penalty which may extend to fifty thousand rupees. 75. If the owner or master of a vessel or the owner of other property fails to perform his duties under sub-section ( 2 ) of section 252. 252( 2 ) Penalty which may extend to fifty thousand rupees. 76. If the owner of a vessel fails to comply with the requirements for safety, security and prevention of pollution and insurance in contravention of section 264. 264 Penalty which may extend to one lakh rupees and the vessel may also be detained. 77. If any person fails to comply with the manning requirements under sub-section ( 2 ) of section 265. 265( 2 ) Penalty which may extend to one lakh rupees and the vessel may also be detained. 78. If the ship owner, master, tindal or skipper of a vessel fails to produce certificates of competency or proficiency or any other certificate in contravention of section 270. 270 Penalty which may extend to fifty thousand rupees. 79. If the owner or his agent or skipper of an Indian fishing vessel fails to enter into an agreement in contravention of clause ( a ) of section 271. 271( a ) Penalty which may extend to fifty thousand rupees. 80. If the ship owner or master permits a vessel to ply or proceed to sea without certificates in contravention of sub-section ( 1 ) of section 273. 273( 1 ) Penalty which may extend to one lakh rupees. 81. If the ship owner or master or tindal or skipper of a vessel fails to maintain or cause to be maintained a statement of crew in contravention of section 275. 275 Penalty which may extend to one lakh rupees. 82. If the ship owner or master or tindal or skipper of a vessel fails to provide notice of jettisoning of cargo in contravention of section 276. 276 Penalty which may extend to fifty thousand rupees. 83. If the ship owner or agent or master or officer of a vessel fails to provide all reasonable facilities to the proper officer for a survey or audit in contravention of sub-section ( 3 ) of section 277. 277( 3 ) Penalty…
(3) The offences mentioned in column (2) of the table below, shall be punishable to the extent mentioned in column (4) of the said table, with reference to such offences, respectively.
Table
Serial No. Offences Section to which offence is referred Imprisonment or fine or both (1) (2) (3) (4) 1. If any person causes a vessel to proceed to sea without a valid certificate of registration in contravention of section 15. 15 Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both. 2. If any person uses Indian national colour in contravention of sub-section (4) of section 37. 37(4) Imprisonment which may extend to two years, or fine which may extend to two lakh rupees, or both. 3. If an owner or a master of an Indian vessel knowingly conceals the Indian character of the vessel in contravention of section 38. 38 Imprisonment which may extend to two years, or fine which may extend to two lakh rupees, or both. 4. If any person goes to sea without holding a certificate granted under the Act. General Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both. 5. If any person causes a vessel or sailing or fishing vessel to proceed to sea without the required certificated personnel. General Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both. 6. If any person carries on the business of recruitment and placement service agency in contravention of clause (a) of sub-section (2) of section 62. 62(2)(a) Imprisonment which may extend to one year, or fine which may extend to five lakh rupees, or both. 7. If any person demands or receives any remuneration from any seafarer or person in contravention of clause (c) of sub-section (2) of section 62. 62(2)(c) Imprisonment which may extend to three months, or fine which may extend to five lakh rupees, or both. 8. If any seafarer does or refuses or omits to do anything in contravention of section 97. 97 Imprisonment which may extend to two years, or fine which may extend to five lakh rupees or both. 9. If any seafarer is guilty of an offence specified in clause (d) of sub-section (1) of section 99. 99(1)(d) Imprisonment which may extend to one month and also for every twenty-four hours of continuance of such disobed-ience or neglect, forfeiture out of his wages of a sum not exc-eeding six days' pay or any exp-enses which may have been properly incurred in hiring a substitute. 10. If any seafarer is guilty of an offence specified in clause (e) of sub-section (1) of section 99. 99(1)(e) Imprisonment which may extend to three months, or fine which may extend to fifty thousand rupees or both. 11. If any seafarer is guilty of an offence specified in clause (f) of sub-section (1) of section 99. 99(1)(f) Forfeiture out of his wages of a sum equal to the loss sustained and also imprisonment which may extend to three months. 12. If a seafarer on or before being engaged wilfully and fraudulently makes a false statement of the name of his last vessel or alleged last vessel or wilfully and fraudulently makes a false statement of his own name. General Fine which may extend to fifty thousand rupees. 13. If any owner or master of an Indian vessel causes polluting substance to be discharged anywhere into the sea or owner or master of a foreign vessel causes polluting substance to be discharged within the coastal waters in contravention of section 133, then--- 133 (a) where the discharge is of oil and oily mixtures from vessels; 133 Fine which may extend to twenty-five lakh rupees, or imprisonment for a term which may extend to one year, or both, and such security as may be considered necessary for securing any damages that may arise in future; (b) where the discharge is of noxious liquid substances. 133 Fine which may extend to ten lakh rupees, or imprisonment for a term which may extend to six months, or both, and such security as may be considered necessary for securing any damages that may arise in future. 14. If the owner, agent, master, charterer, operator, lessee or licensee of the vessel fails to comply with any notice issued under sub-section (2) of section 138. 138(2) Imprisonment which may extend to six months, or fine which may extend to five 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 fifty thousand rupees per day for every day during which the offence continues after conviction. 15. If the owner of any Indian vessel or any equipment fails to comply with the directions of the Central Government issued under sub-section (1) of section 139. 139(1) Imprisonment which may which may extend to five 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 fifty thousand rupees per day for every day during which the offence continues after conviction. 16. If the owner, manager, operator, company, pilot, harbour master, master, or other person in charge fails to give notice of a marine casualty to the officer in contravention of sub-section (2) of section 231. 231(2) Fine which may extend to fifty thousand rupees and in default of payment, simple imprisonment which may extend to three months. 17. If the master or owner or the operator of an Indian vessel or any ship other than an Indian vessel fails to report a wreck in contravention of sub-section (1) or sub-section (2) of section 236. 236(1), (2) Fine which may extend to fifty thousand rupees and in default of payment, imprisonment which may extend to three months. 18. If the owner or operator of a ship fails to immediately mark or maintain the mark of the wreck in contravention of sub-section (1) of section 238. 238(1) Fine which may extend to two lakh rupees and in default of payment, imprisonment which may extend to six months. 19. If the master permits a vessel to proceed to sea before such vessel is released from detention by any competent authority in contravention of sub-section (2) of section 290. 290(2) Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both. 20. If the owner, master or agent of the vessel takes to sea any person authorised under this Act to detain or survey the vessel in contravention of sub-section (3) of section 290. 290(3) Imprisonment which may extend to one year, or fine which may extend to two lakh rupees, or both. 21. If the master or owner or agent permits a nuclear vessel to proceed to any port or place in contravention of sub-section (1) of section 298. 298(1) Imprisonment which may extend to six months, or fine which may extend to ten lakh rupees, or both. 22. If the master or owner or agent fails to comply with the order issued under sub-section (2) of section 298. 298(2) Imprisonment which may extend to six months, or fine which may extend to ten lakh rupees, or both. 23. If any owner of a ship fails to comply with directions of the Director-General under sub-section (1) of section 302. 302(1) Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.