PENALTIES AND PROCEDURE
Section 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 Penalties this Act to which offence has reference 1 2 3 4 1. If the owner or master of an Indian ship fails to comply with or 28(2) Fine which may extend to contravenes sub-section (2) of section 28. one thousand rupees. 2. If a person willfully makes a false statement in the builder's 30 Fine which may extend to certificate referred to in section 30. one thousand rupees. 1 2 3 4 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 35(4) Fine which may extend to under sub-section (4) of section 35. one thousand rupees. 5. If a master, without reasonable cause, fails to comply with 36(4) Fine which may extend to sub-section (4) of section 36. five hundred rupees. 6. If a person makes illegal use of a certificate of registry stated 36(5) Fine which may extend to to have been mislaid, lost or destroyed or if a person entitled to one thousand rupees. 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. 7. If a master fails to deliver to the registrar the certificate of 38 (2), Fine which may extend to registry as required by sub-section (2) or sub-section (3) of one thousand rupees. 38 (3) section 38 8. If an owner fails to comply with sub-section (1) of section 39 39 (1), Fine which may extend to or if a master fails to comply with sub-section (2) of that one thousand rupees. 39 (2) section. 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 55 Fine which may extend to in contravention of section 55 or omits to do or suffers any one thousand rupees; but person under his control to omit to do anything required under nothing herein shall affect the that section. 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 56 Fine which may extend to ship or for registering an alteration of a ship under section 56. 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 63(1) The master, owner and every sub-section (1) of section 63 are hoisted on board any Indian other person hoisting the ship. 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. If default is made in complying with section 66. 66 The master shall be liable to 15. fine which may extend to one thousand rupees. 16. If any person in the case of any declaration made in the General Imprisonment which may presence of or produced to a registrar under Part V or in any extend to six months, or fine document or other evidence produced to such registrar― which may extend to one (a) willfully makes or assists in making or procures to be thousand rupees, or both. 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. 1 2 3 4 If― 1[17 (a) any person causes a ship or fishing vessel to proceed to sea General Imprisonment which may without the required certificated personnel. extend to six months or fine which may extend to ten thousand rupees, or both.
(b) any person having been engaged as one of the officers 76 Imprisonment which may referred to in section 76 goes to sea a such officer without extend to six months or fine being duly certificated. which may extend to five thousand rupees, or both.
(c) any master fails to submit the required crew list or fails to 84(1)(c) Fine which may extend to report the changes made in the list before commencing the five thousand rupees and in relevant voyage. 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 93 Fine which may extend to requirements of section 93. two hundred rupees. 19. If a master fails without reasonable cause to comply with any 94 Fine which may extend to of the requirements of section 94. one hundred rupees. 20. If any person acts in contravention of sub-section (2) of 95(2), Fine which may extend to section 95 or section 96 or section 97. one hundred rupees for every 96, 97 seaman in respect of whom the offence is committed. 21. If a person engages or carries any seaman to sea in 98 (2), 99 Fine which may extend to contravention of sub-section (2) of section 98 or section 99. 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 100 Fine which may extend to agreement with him in accordance with this Act. 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 101(2)(g) Fine which may extend to scale of provisions less than the scale fixed under clause (g) of two hundred rupees. sub-section (2) of section 101. 24. If a master fails without reasonable cause, to comply with any 105, Fine which may extend to of the requirements of section 105, sub-section (4) of section 106(4),107 fifty rupees. 106 or section 107. 25. If any person―
(a) is carried to sea to work in contravention of section 109 109, [Omitted] The master shall be liable to [Omitted] or section 111; or 111 a fine which may extend to fifty rupees; (b) is engaged to work in any capacity in a ship in contravention of section 109 [Omitted] or section 111 on a false The parent or guardian shall representation by his parent or guardian that the young be liable to a fine which may person is of an age at which such engagement is not in extend to fifty rupees. contravention of those sections. 26. If a master refuses or neglects to produce for inspection any General Fine which may extend to certificate of physical fitness delivered to him under section fifty rupees. 111 when required to do so by a shipping Master. 1 2 3 4 27. If the master of a ship, where there is no agreement with the General Fine which may extend two crew, fails to keep the register of young persons required to be hundred rupees. kept under section 112 or refuses or neglects to produce such register for inspection when required so to do by a shipping master. 28. If the master of a ship other than an Indian ship engages a 114 Fine which may extend to seaman in India otherwise than in accordance with section one hundred rupees for every 114. seaman so engaged. 29. If any owner, master or agent willfully disobeys any order 115 Imprisonment which may under section 115. extend to three months, or fine which may extend to one thousand rupees, or both. If a master fails to comply with section 116. 116 Fine which may extend to 30. one hundred rupees. If any person obstructs any officer referred to in section 117 in General Fine which may extend to one 31. the exercise of his powers under that section. hundred rupees. If a master or owner acts in contravention of sub-section (1) or 118(1), Fine which may extend to 32. sub-section (2) of section 118. 118(2) one hundred rupees. If a master fails to comply with the provisions of sub-section 119(1), Fine which may extend to two 33. (1) of section 119 or, without reasonable cause, fails to return 119(2). hundred rupees. the certificate of competency to the officer concerned as required by sub-section (2) of that section. 34. If a master fails to comply with section 120 120 Fine which may extend to one hundred rupees. 35. If any person― General Imprisonment which may extend to six months, or fine (a) forges or fraudulently alters any certificate of discharge or which may extend to five a certificate as to the work of a seaman or a continuous hundred rupees, or both. 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. 36. If any person acts in contravention of sub-section (1) of section 121(1) Fine which may extend to one 121. thousand rupees. 37. If a master― Fine which may extend to two (a) fails without reasonable cause to comply with sub-section 122(1), hundred rupees. (1) or sub-section (3) of section 122; or 122(3).
(b) delivers a false statement for the purpose of sub-section (2) 122 (2) of section 122. 38. If a master fails, without reasonable cause, to comply with 125 Fine which may extend to section 125. fifty rupees. 39. If a master or owner pays the wages of a seaman in a manner 128(1) Fine which may extend to one contrary to sub-section (1) of section 128. hundred rupees. Fine which may extend to one 40. If a master fails to comply with section 131 131 hundred rupees. 41. If any person fails, without reasonable cause, to comply with 133 Fine which may extend to any requisition under section 133. 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 2 3 4 42A. If the master or owner contravenes the provisions of section 138A Fine which may extend to 138A 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 General Imprisonment which may which is binding on him under sub-section (5) of section 150 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 154(1) Fine which may extend to respect to taking charge of the property of a deceased seaman three times the value of the or apprentice or to making in the official log book the proper property not accounted for or entries relating thereto or to the payment or delivery of such if such value is not property as required by sub-section (1) of section 154. 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. If the master of an Indian ship fails or refuses without 163(1) Fine which may extend to one 46. reasonable cause to receive on board, his ship or to give a thousand rupees in respect of passage or subsistence to, or to provide for, any seaman each such seaman. contrary to sub-section (1) of section 163. (a) If a master fails to comply with, or contravenes any 168 (3) Fine which may extend to two 47. provision of sub-section (3) of section 168; hundred rupees, but nothing herein shall affect the power to detain the ship under (b) if a master or any other person having charge of any 168 (6) sub-section (2) of section 168; provisions or water on board a ship liable to inspection under section 168 refuses or fails to give the person Fine which may extend to two making the inspection reasonable facility for the purpose. hundred rupees. If a master fails to furnish provisions to a seaman in General Fine which may extend to five 48. accordance with the agreement entered into by him and the hundred rupees, but nothing court considers the failure to be due to the neglect or default of herein shall affect the claim the master, or if a master furnishes to a seaman provisions for compensation under which are bad in quality or unfit for use. sub-section (1) of section 169. If a master fails without reasonable cause to comply with 171 Fine which may extend to one 49. section 171. hundred rupees. 50. (a) If any requirement of section 172 is not complied with in 172 The owner shall be liable to the case of any ship; or fine which may extend to two hundred rupees unless he can prove that the non-compliance was not caused by his (b) if obstruction is caused to the port health officer in the inattention, neglect or wilful discharge of his duty. 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. 1 2 3 4 51. If any foreign-going ship referred to in sub-section (1) of 173(1) The owner shall be liable for section 173 does not carry on board a duly qualified medical each voyage of the ship made officer. 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 184 Fine which may extend to one section 184. hundred rupees. 53. If any person fails to comply with sub-section (1) of section 187(1) Fine which may extend to one 187. 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 ― 191(1) (a)
(a) deserts his ship; 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. 1 2 3 4 59. If a seaman or apprentice is guilty of the offence specified 194 in―
(i) clause (a) of section 194; Forfeiture out of his wages of a sum not exceeding one month‟s pay. forfeiture out of his wages of (ii) clause (b) of section 194; a sum not exceeding two days‟ pay; (iii) clause (c) of section 194; imprisonment 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 exceeding six days' pay or any expenses which may have been properly incurred in hiring a substitute; (iv) clauses (d) and (e) of section 194; imprisonment which may extend to three months, or fine which may extend to five hundred rupees, or both;
(v) clause (f) of section 194. 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. If a seaman on or before being engaged wilfully and General Fine which may extend to 61. fraudulently makes a false statement of the name of his last fifty rupees. ship or alleged last ship or wilfully and fraudulently makes a false statement of his own name If a master or owner neglects or refuses to pay over the fine 202 Fine which may extend to six 62. under sub-section (1) of section 202. times the amount of the fine retained by him. If any person contravenes section 203. 203 Fine which may extend to one 63. hundred rupees. If any person contravenes section 204. 204 Fine which may extend to one 64. hundred rupees. 65. If any person goes to sea in a ship contrary to sub-section (1) 205 (1) Imprisonment which may of section 205. 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 206 (a) Imprisonment which may clause (a) of section 206; extend to three months, or fine which may extend to one thousand rupees; or both; (b)If any master or owner refuses or neglects to deposit any 206 (b) Fine which may extend to five wages, money, or other property or sum in the manner hundred rupees. required by clause (b) of section 206. 67. If a master fails to deliver or transmit the documents referred 208 (1), 209 Fine Which may extent to five to in sub-section (1) of section 208 or section 209 as provided hundred rupees. therein. 1 2 3 4 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 General Fine which may extend to two having reason to believe that he has deserted 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; 215(1) The master shall be liable to fine, which may extend to fifty rupees, if no other penalty is provided in this Act; (b) If any person contravenes sub-section (2) of section 215. 215(2) Fine which may extend to three hundred rupees. 72. If any person willfully destroys or mutilates or renders General Imprisonment which may illegible any entry in any official log book or wilfully makes or extend to one year. procures to be made or assists in making a false or fraudulent entry in or omission from an official log book. 73. If a master fails, without reasonable cause, to comply with 216 Fine which may extend to two section 216. hundred rupees. 74 If a master or owner fails, without reasonable cause, to comply 217 Fine which may extend to one with section 217. hundred rupees. 75. If an owner, agent or master without reasonable cause neglects 229(1) Fine which may extend to five to give the notice required by sub-section (1) of section 229. hundred rupees. 76. If an owner or master, without reasonable cause, fails to 230 Fine which may extend to one deliver a certificate under section 230. hundred rupees 77. If a certificate or survey is not affixed or kept affixed as 231 The owner or master shall be required by section 231. liable to fine which may extend to two hundred rupees. 78. If a ship carries or attempts to carry passengers in 220(1), The owner, agent or master contravention of sub-section (1) of section 220 or has on board 232(1) shall be liable to fine which a number of passengers in contravention of sub-section (1) of may extend to one thousand section 231. rupees. 79. (a) If a person is guilty of any offence specified in sub-section 233(1) The person concerned shall be (1) of section 233; liable to fine which may extend to fifty rupees; but this liability shall not prejudice the recovery of the fare, if any, (b) If a person contravenes sub-section (2) of section 233. 233(2) payable by him; Fine which may extend to three hundred rupees. . 80. If a special trade passenger or pilgrim. ship departs or 237(1), The master-owner or agent proceeds on a voyage from or discharges special trade 237(2) shall be liable to fine which passengers or pilgrims at any port or place within India in may extend to one thousand contravention of sub-section (1) of section 237, or if a person rupees. is received as a special trade passenger or pilgrim on board any such ship in contravention of sub-section (2) of that section.] 81. If the master, owner or agent of a special trade passenger or 238(1) Fine which may extend to two pilgrim ship fails to give the notice required by sub-section (1) hundred rupees. of section 238 1 2 3 4 82. If a person impedes or refuses to allow any 239 entry or 239 Fine which may extend to five inspection authorised by sub-section 239. 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 a special trade passenger or General Imprisonment for a term pilgrim ship, after having obtained any of the certificates which may extend to six mentioned in Part VIII, fraudulently does or suffers to be done months, or fine which may anything whereby the certificate becomes inapplicable to the extend to two thousand altered state of the ship, or special trade passengers or rupees, or both. pilgrims or other matters to which the certificate relates. 85. If the master of a special trade passenger or pilgrim ship or 247 Fine which may extend to any contractor employed by him for the purpose contravenes thirty rupees for every section 247. special trade passenger or pilgrim, who has sustained detriment by the omission to supply the prescribed provisions. 86. If a special trade passenger or pilgrim ship carries special 248(1) The master, owner or agent trade passengers or pilgrims in contravention of shall be liable to fine which sub-section (1) section 248. 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 255(1) Fine which may extend to two (1) of section 255. hundred rupees 89A. If a master, owner or agent contravenes sub-section (6) of 255(6) Fine which may extend to two section 255. thousand rupees. 90. If medical officers or medical attendants are not carried on a 259 The master, owner or agent special trade passenger ship as required by sub-section (1) or shall be liable for each voyage sub-section (2) of section 259 as the case may be; or if the ship made in contravention of is not provided with a hospital, medical stores and equipment section 259 to fine winch may as required by sub-section (3) of that section. extend to five hundred rupees. 4[90A. (a) If medical officers and attendants are not carried on a 259(4)(a) The master, owner or agent pilgrim ship in accordance with clause (a) of shall be liable for each voyage sub-section (4) section 259; or made in contravention of clause (a) of sub-section (4) of section 259 to fine which may extend to three hundred rupees.
(b) If a medical officer or attendant or a pilgrim ship 259(4)(c) fine which may extend to two contravenes clause (c) of sub-section (4) of section 259. hundred rupees.] 1 2 3 4 91. If an owner, agent or master contravenes section 260. 260 Fine which may extend to one thousand rupees. [Omitted] 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 297 The master or owner shall be contravention of section 297. liable to fine which may extend to two hundred rupees. 97. If any ship proceeds or attempts to proceed to sea without 298 [Omitted] The master or owner shall be carrying on board the information required by [Omitted] section liable to fine which may 298. extend to one thousand rupees. 98. If any ship proceeds or attempts to proceed to sea in 307 The master or owner shall be contravention of section 307. 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. If the owner, agent or master fails to comply with section 309A. 309A Fine which may extend to five 98A. hundred rupees. 99. If any ship proceeds or attempts to proceed to sea in contravention of 312 The master or owner shall be section 312. 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 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: 1 2 3 4 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 314(1) sub-section (1) of section 314; or 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 317 (8) Fine which may extend to one under sub-section (8) of section 317. hundred rupees.] 103. If a master proceeds or attempts to proceed to sea in 318(1) Fine which may extend to one contravention of sub-section (1) of section 318. thousand rupees. 104. (a) If the owner of an Indian ship fails to comply with clause 319(1)(a) (a) of sub-section (1) of section 319, or Fine which may extend to two (b) If a master fails to comply with clause (b) of 319(1)(b) hundred rupees. sub-section (1), or clause (a) or clause (b) of 319(2) sub-section (2) of section 319. 105. If a master fails to comply with sub-section (1) of section 320. 320(1) Fine which may extend to one hundred rupees. If the owner, agent or master fails to comply with 331A Fine which may extend to one 105A. sub-section (1) of section 331A. thousand rupees. 106. (a) If a master, owner or agent is guilty of an offence under 332(1) Fine which may extend to sub-section (1) of section 332; or three thousand rupees. (b) If the owner or master of a ship is guilty of an offence 332(2) under sub-section (2) of section 332; or Fine which may extend to (c) If a master fails to deliver any notice required by one thousand rupees. 332(3) 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. 107. If a ship is loaded in contravention of sub-section (1) of 333(1) The master or owner shall be section 333. 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. 2 3 4 1 108. If a person is guilty of an offence under sub-section (1) 334(1), Imprisonment which may extend or if a master is guilty of an offence under sub-section 334(2) to six months, or fine which may (2) of section 334. extend to one thousand rupees, or both. 1[108A. If an Indian nuclear ship proceeds or attempts to proceed 344C The master or owner shall be to sea in contravention of sub-section (1) of section liable to fine which may extend 344C. to ten thousand rupees. 108B. If an Indian nuclear ship, fails to comply with 344D The master or owner or agent sub-section (1) of section 344D. 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 344E The master shall be liable to fine territorial waters of India in contravention of section which may extend to ten 344E thousand rupees. 108D. If the master of a nuclear ship fails to give the notice 344F Fine which may extend to ten required by sub-section (1) of section 344F. thousand rupees. 108E. (a) If the master of a nuclear ship fails to give the notice 344G(1), (2) Imprisonment which may extend required by sub-section (1) or sub-section (2) or and (5) to one year or fine which may sub-section (5) of section 344G; extend to ten thousand rupees or both.
(b) if the master of a nuclear ship fails to comply with 344G(3) and Imprisonment which may extend any directions issued under sub-section (3) or (5) to one year or fine which may sub-section (5) of section 344G. extend to ten thousand rupees or both.] 109. If a master or person in charge of a ship fails, without 348 Imprisonment which may extend reasonable cause to comply with section 348. 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 350 Fine which may extend to five comply with section 350. hundred rupees. 112. If the owner or agent fails, without reasonable cause, to 351 Fine which may extend to five comply with section 351 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 355(1), Imprisonment which may extend sub-section (2) of section 355; or 355(2) to six months, or fine which may extend to one thousand rupees, or both.
(b) If a master fails to comply with sub-section (5) of 355(5) Fine which may extend to one section 355. thousand rupees. 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 2 3 4 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 356C(1) The master of the tanker shall be anywhere into the sea; liable to fine which may extend to five lakh rupees. (ii) where such foreign tanker anywhere within the 356C(1) The master of the tanker or, if the coastal waters of India. 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 356C(2) The master, or if the ship is than a tanker anywhere into the Sea 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 356C(2) The master of the ship shall be than a tanker anywhere within the coastal waters of liable to fine which may extend India. to five lakh rupees.
(c) If oil or oily mixture is discharged in contravention of 356C(3) The master of the offshore sub-section (3) of section 356C. 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 356E The owner, master or agent of under section 356E. 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 ship fails to 356F The master of the Indian tanker maintain an oil record book as required by section or other Indian ship shall be 356F or contravenes any rule made under that section. liable to fine which may extend to five thousand rupees. (ii) If any person wilfully destroys or mutilates or renders 356F The offender shall be liable to illegible or prevents the making of any entry in the oil penalty of imprisonment which record book or makes or causes to be made a false may extend to six months or entry in such book in contravention of any rule made fine” which may extend to ten under section 356F. thousand rupees or both. 115E. If master of any ship refuses to certify copy of any entry 356G(2) The master of the ship shall be in the oil record book to be a true copy of such entry as liable to fine which may extend required under sub-section (2) of section 356G. to one thousand rupees. 115F. If any person fails to take action as required by a notice 356J(1). The offender shall be liable to served on him under sub-section (1) of section 356J. penalty of imprisonment which may extend to six months or fine which may extend to ten lakh rupees or both. 1 2 3 4 115G. If owner of any Indian ship, tug, barge or any other 356L(1) The offender shall be liable to equipment fails to comply with any order issued under penalty of imprisonment which sub-section (l) of section 356L. 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.] 115H. If the owner of an Indian ship fails to comply with 356R Fine which may extend to fifteen section 356R lakh rupees. 115-I. If a master proceeds or attempts to proceed to sea in 356S Fine which may extend to three contravention of section 356S lakh rupees. 115J. If the owner of an Indian ship or any person fails to 356U Fine which may extend to one comply with the rules made or measures taken by the Lakh and fifty thousand rupees. Central Government under section 356U 115K. If the master of a ship fails to maintain records as 356V Fine which may extend to one required by section 356V lakh and fifty thousand rupees. 115L. If the master of a ship fails to comply with 356W(1) Fine which may extend to one sub-section (1) of section 356W lakh and fifty thousand rupees. 116. If any person bound to give notice under sub-section (2) 358(2) Fine which may extend to five of section 358 fails to give such notice. 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 Fine which may extend to five 378. hundred rupees. 118. If any person wilfully disobeys any direction of the 392 Fine which may extend to five receiver of wreck under section 392. hundred rupees. 119. If the owner or occupier of any land impedes or in any 393 Fine which may extend to five way hinders any person in the exercise of the rights given hundred rupees. by section 393. 120. (a) If any person omits to give notice of the finding of 395(a) Fine which may extend, to one any wreck to the receiver of wreck as required by thousand rupees; clause (a) of section 395; or
(b) if any person omits to deliver any wreck as required 395(b) Fine which may extend to one by clause (b) of section 395. 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 Fine which may extend to five 400. hundred rupees. 1 2 3 4 122. (a) If a ship is taken to sea in contravention of 406(1), The master or owner of the ship sub-section (1) of section 406 or if a ship engages in 407(1) or in the case of a ship other than the coasting trade in contravention of sub-section (1) an Indian ship the master, agent of section 407; or in India of the owner or the charterer of the ship in respect of which the contravention has taken place shall be liable to 406, 407 imprisonment which may extend (b) if, without reasonable excuse, any limitation or to six months, or fine which may condition contained in a licence granted under section extend to one thousand rupees, or 406 or section 407 is contravened. both. 123. If a person to whom a licence under section 406 or 409 Fine which may extend to one section 407 has been granted fails to comply with section hundred rupees. 409. 124. (a) If any directions given under section 411 are not 411 complied with; or 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 (b) if the provisions of sub-section (3) of section 412 are 412(3) both. contravened. 125. If the owner, master or agent on whom a notice has been 413 Imprisonment which may extend served under section 413 fails to furnish the information to six months, or fine which may required within the time specified or furnishing the extend to five hundred rupees, or information makes any statement which he knows to be both. false on any material particular. 126. If a selling vessel required to be registered under section 417 The owner or tindal shall be 417 is not registered in accordance with the provisions of liable to fine which may extend that section. 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 420(3), The owner or tindal shall be without free board markings or is so loaded as to liable to imprisonment which 421 submerge such markings, or plies or proceeds to sea may extend to six months, or to without a certificate of inspection as required by fine which may extend to five sub-section (1) of section 421, or if any of the terms and hundred rupees, or both. conditions specified in such certificate are contravened. 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. 1 2 3 4 133. If any person contravenes any of the provisions of 428 Imprisonment which may extend section 428. 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 429 Fine which may extend to two provisions of section 429. hundred rupees. 135. If the owner or tindal fails to comply with sub-section (1) 430(1) Imprisonment which may extend of section 430. 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 431(1) The owner, tindal or agent shall contravention of sub-section (1) of section 431; or be liable to imprisonment which may extend to six months, or fine (b) if any of the terms and conditions imposed under 431(2) which may extend to five sub-section (2) of section 431 are contravened hundred rupees, or both. 136A. If any person is guilty of an offence under 432(1) Imprisonment which may extend sub-section (1) of section 432. to six months, or fine which may extend to five hundred rupees, or both. 137. If the owner fails to comply with sub-section (1) of 434A(1) Imprisonment which may extend section 434-A to six months or fine which may extend to five thousand rupees, or both. 137A. If an Indian fishing boat required to be registered under 435C The owner shall be liable to fine section 435C is not registered in accordance with the which may extend to one provisions of that section. thousand rupees. 137B. If the owner of an Indian fishing boat fails to comply 435H The owner shall be liable to fine with the provisions of section 435-H. 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. 1 2 3 4 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 The offender shall be liable to 435Q. fine which may extend to five hundred rupees. 137J. If any person contravenes the provisions of section 435S The offender shall be liable to 435S. 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 444(2) Fine which may extend to one sub-section (2) of section 444; or thousand rupees.
(b) if the owner, master or agent is guilty of an offence 444(3) under sub-section (3) of section 444. 139. If' any person exercises the profession of a ship surveyor 450 Fine which may extend to one in contravention of section 450; thousand rupees. 140. If any person does any act in contravention of 454(2) Fine which may extend to two sub-section (2) of section 454 in respect of which no hundred rupees. other penalty is provided. 141. If any person is guilty of an offence under 456(2) Fine which may extend to five sub-section (2) of section 456. hundred rupees Procedure