Merchant Shipping Act,1958
Act No : 44
Section :
Penalties.
3*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. ---------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 14., for cl. (O). 2. Ins. by s. 15, ibid. 3. S. 436 (in so far as it relates to offences against S. Nos. 122 to 125), ss. 437, 438, 439, 440, 441 and 442 came into force w.e.f. 1st April, 1960, see footnote 1 at p. 407. 598 (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 Offences Section of Penalties No. this Act to which offe- nce has reference ---------------------------------------------------------------------- 1 If the owner or master of 28(2) Fine which may extend an Indian ship fails to to one thousand comply with or contravenes rupees. sub-section (2) of section 28. 2 If a person wilfully makes 30 Fine which may extend a false statement in the to one thousand builder's certificate rupees. referred to in section 30. 3 If a person contravenes 35(2) Fine which may extend sub-section (2) of to one thousand section 35. rupees. 4 If the owner or master of 35(4) Fine which may extend an Indian ship commits an to one thousand offence under sub-section rupees. (4) of section 35. 5 If a master, without rea- 36(4) Fine which may extend sonable cause, fails to to five hundred comply with sub-section rupees. (4) of section 36. 6 If a person makes illegal 36(5) Fine which may extend use of a certificate of to one thousand registry stated to have rupees. been mislaid, lost or destroyed or if a person entitled to the certifi- cate 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 38(2), Fine which may extend to the registrar the certi- 38(3) to one thousand ficate of registry as rupees. required by sub-section (2) or sub-section (3) of section 38. 8 If an owner fails to comply 39(1), Fine which may extend with sub-section (1) of 39(2) to one thousand section 39 or if a rupees. master fails to comply with sub-section (2) of that section. 9 If any person contravenes 42(1) Fine which may extend sub-section (1) of to one thousand section 42. rupees. 10 If any person acts or 55 Fine which may extend suffers any person under to one thousand rupees control to act in contra- ; but nothing herein vention of section 55 or shall affect the power omits to do or suffers any to detain the ship person under his control to under sub-section (4) omit to do anything of that section. required under that section. ---------------------------------------------------------------------- 599 11 If an owner fails to make 56 Fine which may extend an application for regis- to one thousand tering anew a ship or for rupees, and in registering an alteration addition, a fine which of a ship under section 56. may extend to fifty rupees for every day during which the offence continues after conviction. 12 If any distinctive national 63(1) The master, owner and colours except those decla- every other person red under sub-section (1) hoisting the colours of section 63 are hoisted shall be liable to on board any Indian ship. fine which may extend to five thousand rupees. 13 If a person contravenes 64 Imprisonment which may section 64 extend to two years, or fine which may ex- tend to five thousand rupees, or both. 14 If an owner or master 65 Imprisonment which may contravenes section 65. extend to two years, or fine which may ex- tend to five thousand rupees, or both. 15 If default is made on 66 The master shall be complying with section liable to fine which 66. may extend to one thousand rupees. 16 If any person in the case General Imprisonment which may of any declaration made extend to six months, in the presence of or or fine which may in any document or other extend to one thousand evidence produced to such rupees, or both. 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 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. ---------------------------------------------------------------------- 600 1*[17 If-- (a) any person causes a General Imprisonment which may ship or fishing vessel extend to six months to proceed sea without or fine which may the required certificated extend to ten thousand personnel. rupees, or both. (b) any person having been 76 Imprisonment which may engaged as one of the extend to six months officers referred to in or fine which may section 76 goes to sea extend to five thous- as such officer without and rupees, or both. being duly certificated. (c) any master fails to 84(i)(c) Fine which may extend submit the required crew to five thousand list or fails to report rupees and in addition the changes made in the , a fine which may list before commencing extend to one thousand the relevant voyage. rupees for every day during which the off- ence continues after conviction.] 18 If a master or owner fails 93 Fine which may extend to comply with any of the to two hundred rupees. requirements of section 93. 19 If a master fails without 94 Fine which may extend reasonable cause to comply to one hundred rupees. with any of the requirements of section 94. 20 If any person acts in cont- 95(2), Fine which may extend ravention of sub-section (2) 96, 97. to one hundred rupees of section 95 or section 96 for every seaman in or section 97. respect of whom the offence is committed. 21 If a person engage or car- 98(2), 99 Fine which may extend rises any seaman to sea in to one hundred rupees contravention of sub-section for every seaman in (2) of section 98 of section respect of whom the 99. offence is committed. 22 If a master carries any sea- 100 Fine which may extend man to sea without entering to one hundred rupees into an agreement with him for every seaman in in accordance with this Act. respect of whom the offence is committed. 23 If a master enters into an 101(2)(g) Fine which may extend agreement with any seaman to two hundred rupees. for a scale of provisions less than the scale fixed under clause (g) of sub- section (2) of section 101. 24 If a master fails, without 105, Fine which may extend reasonable cause, to comply 106(4), to fifty rupees. with any of the requirements 107. of section 105, sub-section (4) of section 106 or section 107. ---------------------------------------------------------------------- 1. Subs. by Act 13 of 1987, s. 9 for serial No. 7 (w.e.f. 1.7.1989). 601 25 If any person-- (a) is carried to sea to 109,110, The master shall be work in contravention 111. liable to a fine of section 109, section which may extend to 110 or section 111; or fifty rupees ; (b) is engaged to work in the parent or guardian any capacity in a ship shall be liable to a in contravention of fine which may extend section 109, section 110 to fifty rupees. or section 111 on a false representation by his parent or guardian that the young person is of an age at which such engage- ment is not in contraven- tion of those sections. 26 If a master refuses or negl- General Fine which may extend ects to produce for inspec- to fifty rupees. tion any certificate of physical fitness delivered to him under section 111 when required to do so by a shipping master. 27 If the master of a ship, General Fine which may extend where there is no agreeme- to two hundred rupees. nt with the crew, fails to keep the register of young persons required to be kept under section 112 or refuses or neglects to produce such register for inspection when required so to do by a ship- ping master. 28 If the master of a ship 114 Fine which may extend other than an Indian ship to one hundred rupees engages a seaman in India for every seaman so otherwise than in accordance engagw. with section 114. 29 If any owner, master or 115 Imprisonment which may agent wilfully disobeys any extend to three months order under section 115. , or fine which may extend to one thousand rupees, or both. 30 If a master fails to comply 116 Fine which may extend with section 116. to one hundred rupees. 31 If any person obstructs any General Fine which may extend officer referred to in sec- to one hundred rupees. tion 117 in the exercise of his powers under that section. 32 If a master or owner acts 118(1), Fine which may extend in contravention of sub- 118(2). to one hundred rupees. section (1) or sub-section (2) of section 118. ---------------------------------------------------------------------- 602 33 If a master fails to comply 119(1), Fine which may extend with the provisions of sub- 119(2). to two hundred rupees. 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. 34 If a master fails to comply 120 Fine which may extend with section 120. to one hundred rupees. 35 If any person-- General Imprisonment which may extend to six months, (a) forges or fraudulently or fine which may ex- alters any certificate tend to five hundred of discharge or a certi- rupees, or both. ficate as to the work of a seaman or a conti- nuous discharge certi- ficate 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 con- 121(1) Fine which may extend travention of sub-section to one thousand rupees. (1) of section 121. 37 If a master-- (a) fails without reason- 122(1), Fine which may extend able cause to comply 122(3). to two hundred rupees. with sub-section (1) or sub-section (3) of section 122; or (b) delivers a false state- 122(2) Fine which may extend ment for the purpose of to two hundred rupees. sub-section (2) of section 122. 38 If a master fails, without 125 Fine which may extend reasonable cause, to comply to fifty rupees. with section 125. 39 If a master or owner pays 128(1) Fine which may extend the wages of a seaman in to one hundred rupees. a manner contrary to sub- section (1) of section 128. 40 If a master fails to comply 131 Fine which may extend with section 131. to one hundred rupees. ---------------------------------------------------------------------- 603 41 If any person fails, without 133 Fine which may extend reasonable cause, to comply to fifty rupees. with any requisition under section 133. 42 If a seaman contravenes sub- 135(3) Imprisonment which may section (3) of section 135. extend to one month, or fine which may extend to one hundred rupees, or both, nut 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 General Imprisonment which may breach of any term of any extend to one month, or award which is binding on fine which may extend him under sub-section (5) to one thousand rupees, of section 150. or both. 44 If a seaman or an owner 151 Imprisonment which may contravenes section 151. extend to six months, or fine which may extend to one thousand rupees, or both. 45 If a master fails to comply 154(1) Fine which may extend to with the provisions of this three times the value Act with respect to taking of the property not charge of the property of a accounted for or if such deceased seaman or apprentice value is not ascertained, or to making in the official to five hundred rupees, log book the proper entries but nothing herein relating thereto or to the shall affect his liabi payment or delivery of such lity under sub-section property as required by sub- (1) of section 54 to section (1) of section 154. account for the property not accounted for. 46 If the master of an Indian 163(1) Fine which may extend ship fails or refuses with- to one thousand rupees out reasonable cause to in respect of each receive on board his ship such seaman. or to give a passage or subsistence to, or to provide for, any seaman contrary to sub-section (1) of section 163. ---------------------------------------------------------------------- 604 47 (a) If a master fails to 168(3) Fine which may extend to comply with, or contravenes two hundred rupees, but any provision of, sub- nothing herein shall aff- section (3) of section 168; ect the power to detain the ship under sub-sec- (b) if a master or any other 168(6) tion (2) of section 168; person having charge of any Fine which may extend provisions or water on board to two hundred rupees. a ship liable to inspection under section 168 refuses or falls to give the person mak- ing the inspection reason- able facility for the purpose. 48 If a master fails to fur- General Fine which may extend to nish provisions to a seaman five hundred rupees, but in accordance with the agree- nothing herein shall aff- ment entered into by him ect the claim for comp- and the court considers the ensation under sub-sec- failure to be due to the tion (1) of section 169. neglect or default or the master, or if a master furnishes to a seaman pro- visions which are bad in quality or unfit for use. 49 If a master fails without 171 Fine which may extend reasonable cause to comply to one hundred rupees. with section 171. 50 (a) If any requirement of 172 The owner shall be section 172 is not complied liable to fine which with in the case of any ship may extend to two ; or hundred rupees unless he can prove that the non- compliance was not caused by his inattention, neglect or wilful default; (b) if obstruction is caused the owner or master to the port health officer in shall be liable to fine the discharge of his duty. 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 173(1) The owner shall be liable referred to in sub-section for each voyage of the (1) of section 173 does not ship made without having carry on board a duly on board a duly qualified qualified medical officer. medical officer, a fine which may extend to two hundred rupees. 52 If a master fails, without 184 Fine which may extend reasonable cause, to comply to one hundred rupees. with section 184. ---------------------------------------------------------------------- 605 53 If any person fails to 187(1) Fine which may extend to comply with sub-section (1) one hundred rupees. of section 187. 54 If any person contravenes 188 Fine which may extend to section 188 fifty rupees. 55 If any person goes on board 189 Fine which may extend to a ship contrary to section two hundred rupees. 189. 56 If a master, seaman or, 190 Imprisonment which may apprentice contravenes extend to two years, section 190. or fine which may extend to one thousand rupees, or both. 57 If a seaman or apprentice-- (a) deserts his ship; 191(1)(a) He shall be liable to forfeit all or any part of the property he lea- ves 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 wags 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) 191(1)(b) he shall, if the of sub-section contravention does not 1 of section 191. 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 sub-stitute and also to imprisonment which may extend to two months. ---------------------------------------------------------------------- 606 58 If any person contravenes 193(3) Fine which may extend to sub-section (3) of section two hundred rupees. 193. 59 If a seaman or apprentice 194 is guilty of the offence specified in-- (i) clause (a) of section Forfeiture out of his 194; wages of a sum not excee- ding one month's pay; (ii) clause (b) of section forfeiture out of his 194; wages of a sum not exceeding two days' pay'; (iii) clause (c) of section imprisonment which may 194; extend to one month and also for every twenty- four hours of continuance of such disobedience of 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 imprisonment which may section 194; extend to three months, or fine which may extend to five hundred rupees, or both: (v) clause (f) of section forfeiture out of his 194. wages of a sum equal to the loss sustained and also imprsonment which may extend to three months. 60 If any master fails to 197 Imprisonment which may comply with section 197. extend to one month, or fine which may extend to one hundred rupees, or both. 61 If a seaman on or before General Fine which may extend to being engaged wilfully and fifty rupees. 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. 62. If a master or owner neg- 202 Fine which may extend to lects or refuses to pay six times the amount of over the fine under sub- the fine retained by him. section (1) of section 202. 607 63 If any person contra- 203 Fine which may extend to venes section 203. one hundred rupees. 64 If any person contra- 204 Fine which may extend to venes section 204. one hundred rupees. 65 If any person goes to 205(1) Imprisonment which may sea in a ship contr- extend to one month, ary to sub-section or fine which may ext- (1) of section 205. end to two hundred rup- ees, or both. 66 (a) If any person wil- 206(a) Imprisonment which may fully disobeys the extend to three months, prohibition contained or fine which may ext- in clause (a) of sec- end to one thousand tion 206; or rupees, or both; (b) if any master or 206(b) fine which may extend to owner refuses or ne- five hundred rupees. glects to deposit any wages, money or other property or sum in the manner required by clause (b) of section 206. 67 If a master fails to 208(1), Fine which may extend deliver or transmit 209 to five hundred rupees. the documents refe- rred to in sub-sec- tion (1) of section 208 or section 209 as provided therein. 68 If a master contrav- 210(1) Imprisonment which may enes sub-section (1) extend to three mon- of section 210. ths, or fine which may extend to one thousand rupees, or both. 69 If any person harbo- General Fine which may extend urs or secretes any to two hundred rupees. deserter knowing or having reason to believe that he has deserted. 70 If a master fails to 214(2) Fine which may extend comply with sub-sec- to one hundred rupees. tion (2) of secti- on 214. 71 (a) If sub-section 215(1) The master shall be lia- (1) of section 215 ble to fine which may is not complied extend to fifty rupe- with; es, if no other penal- ty is provided in this Act; (b) if any person co- 215(2) fine which may extend ntravenes sub-sect- to three hundred rup- ion (2) of section ees. 215. 72 If any person wilfu- General Imprisonment which may lly destroys or mu- extend to one year. tilates or renders illegible any entry in any official log book or wilfully ma- kes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log book. ---------------------------------------------------------------------- 608 73 If a master fails, 216 Fine which may extend without reasonable to two hundred rupees. cause, to comply wi- th section 216. 74 If a master or owner 217 Fine which may extend fails, without reas- to one hundred rupees. onable cause, to co- mply with section 217. 75 If an owner, agent or 229(1) Fine which may extend master without reas- to five hundred rup- onable cause negle- ees. cts to give the not- ice required by sub- section (1) of sect- ion 229. 76 If an owner or mast- 230 Fine which may extend er, without reasona- to one hundred rupees. ble cause, fails to deliver a certific- ate under section 230. 77 If a certificate of 231 The owner or master sh- survey is not affi- all be liable to fine xed or kept affixed which may extend to as required by sec- two hundred rupees. tion 231. 78 If a ship carries or 220(1), The owner, agent or attempts to carry pas- 232(1). master shall be lia- sengers in contraven- ble to fine which may tion of sub-section extend to one thousand (1) of section 220 or rupees. has on board a number of passengers in con- travention of sub-se- ction (1) of section 233; 79 (a) If a person is gu- 233(1) The person concerned ilty of any offence shall be liable to specified in sub-sec- fine which may extend tion (1) of section to fifty rupees; but 232; this liability shall not prejudice the rec- overy of the fare, if any, payable by him; (b) if a person cont- 233(2) fine which may extend ravenes sub-section to three hundred rup- (2) of section 233. ees. 80 If 1*[a special trade 237(1), The master, owner or passenger] or pilgr- 237(2). agent shall be liable im ship departs or to fine which may ext- proceeds on a voyage end to one thousand from or discharges rupees. 1*[special trade pas- sengers] or pilgrims at any port or place within India in con- travention of sub- section (1) of sec- tion 237, or if a person is received as 1*[a special tra- de passenger] or pi- lgrim on board any such ship in contra- vention of sub-sec- tion (2) of that se- ction. 81 If the master, owner 238(1) Fine which may extend to or agent of 1*[a sp- two hundred rupees. ecial trade passen- ger] or pilgrim sh- ip fails to give the notice requir- ed by sub-section (1) of section 238. --------------------------------------------------------------------- 1. Subs. by Act 69 of 1976, s. 2, for "an unberthed pasanger(w.e.f. 1.12.1976). 609 82 If a person impedes 239 Fine which may extend or refuses to allow to five hundred rup- any entry or inspec- ees. tion authorised by section 239. 83 If a master or owner 246 Fine which may extend fails to comply wi- to two hundred rupees. th section 246. 84 If the master, owner General Imprisonment for a term or agent of 1*[a which may extend to six special trade months, or fine which passenger] or may extend to two thou- pilgrim ship, after sand rupees, or both. having obtained any of the certificates mentioned in Part VIII, fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, her 1*[special trade passengers] or pilgrims or other matters to which the certificate relates. 85 If the master of 1*[a 247 Fine which may extend special trade to thirty rupees for passenger] or every 1*[special pilgrim ship or any trade passenger] or contractor employed pilgrim, who has by him for the sustained detriment purpose contravenes by the omission to section 247. supply the prescribed provisions. 86 If 1*[a special trade 248(1) The master, owner or passenger] or agent shall be liable pilgrim ship to fine which may carries 1*[special extend to two thousand trade passengers] rupees. or pilgrims in contravention of sub-section (1) of section 248. 87 If a master, owner or 249 Fine which may extend agent contravenes to one thousand rupees. section 249. 88 If an owner, agent 252 Fine which may extend or master to one thousand rupees. contravenes section 252. 89 If the master, owner 255(1) Fine which may extend or agent fails to to two hundred rupees. comply with sub-section (1) of section 255. 2*[89A If a master, owner 255(6) Fine which may extend or agent to two thousand rupees. contravenes sub-section (6) of section 255. 90 If medical officers 259 The master, owner or or medical agent shall be liable attendants are not for each voyage made carried on 1*[a in contravention of special trade section 259 to fine passenger ship] as which may extend to required by five hundred rupees. 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. 2*[90A (a) If medical officers 259 (4)(a) The master, owner or and attendants are agent shall be liable not carried on a for each voyage made pilgrim ship in in contravention of accordance with clause (a) of clause (a) of sub-section (4) of sub-section (4) section 259 to fine of section 259; or which may extend to three hundred rupees; (b) If a medical officer 259 (4) (c) fine which may extend or attendant or a to two hundred rupees. pilgrim ship contravenes clause (c) of sub-section (4) of section 259; 91 If an owner, agent or 260 Fine which may extend master contravenes to one thousand rupees. section 260. --------------------------------------------------------------------- 1. Subs. by Act 69 of 1976, s. 2, for certain words (w.e.f. 1-12-1976). 2. Ins. by s. 25, ibid. (w.e.f. 1-12-1976). 610 4* * * * * 94 If section 291 is not 291 The master or owner complied with in the shall be liable to case of a ship. fine which may extend to one thousand rupees. 95 If section 292 is not 292 The master or owner complied with in the shall be liable to case of a ship. fine which may extend to two hundred rupees. 96 If any ship proceeds 297 The master or owner or attempts to shall be liable to proceed to sea in fine which may extend contravention of to two hundred rupees. section 297. 97 If any ship proceeds 298 2*** The master or owner or attempts to shall be liable to proceed to sea fine which may extend without carrying on to one thousand board the information rupees. required by 1*** section 298. 98 If any ship proceeds or 307 The master or owner attempts to proceed to shall be liable to sea in contravention of fine which may extend section 307. 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. 3*[98A If the owner, agent or 309A Fine which may extend master fails to to five hundred comply with section rupees.] 309A. 99 If any ship proceeds or 312 The master or owner attempts to proceed to shall be liable to sea in contravention fine which may extend of section 312. to one thousand rupees. --------------------------------------------------------------------- 1. S. Nos. 92 and 93 omitted by Act 69 of 1976, s. 25 (w.e.f. 1-12-1976). 2. The words, brackets and figure "sub-section (1) of" omitted by Act 21 of 1966, s. 35. 3. The brakets and figure "(1)" omitted by s. 35, ibid. 4. Ins. by s. 35, ibid. 611 100 If any ship is loaded 313 The master or owner in contravention of shall be liable to section 313. fine which may extend to ten thousand rupees and to such additional fine not exceeding 1*[five thousand rupees] for every inch or fraction of an inch by which the appro- priate load lines on each side of the ship are sub-merged or would have been submerged if the ship had been in salt waters and had no list, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship is or would have been increased by reason of the submersion: Provided that it shall be a good defence for the master or owner to prove that a contravention was due solely to deviation or delay caused solely by stress of weather or other circumstance which neither the master nor the owner nor the charterer, if any, could have prevented or fore- stalled. 101 (a) If the owner or master 314(1) Fine which may extend of an Indian ship to one thousand contravenes sub-sec- rupees. tion (1) of section 314; or (b) If any person 314(2) contravenes sub-section (2) of section 314. 102 If a master or owner 317 Fine which may extend fails to deliver the 1*[(8)] to one hundred certificate as rupees. required under sub-section 1*[(8)] of section 317. 103 If a master proceeds or 318(1) Fine which may extend attempts to proceed to to one thousand sea in contravention of rupees. sub-section (1) of section 318. 104 (a) If the owner of an 319(1)(a) Indian ship fails to comply with clause (a) of sub-section (1) of section 319; or (b) If a master fails to 319(1)(b) Fine which may extend comply with clause to two hundred (b) of sub-section rupees. (1), or clause (a) or 319 (2) clause (b) of sub-section (2) of section 319. --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 16 , for "one thoseand rupess". 2. Subs. by Act 25 of 1970, s. 18, for "(5)" (w.e.f. 19-12-1970). 612 105 If a master fails to 320(1) Fine which may extend comply with to one hundred sub-section (1) of rupees. section 320. 1*[105A If the owner, agent or 331A Fine which may extend master fails to comply to one thousand with sub-section (1) of rupees.] section 331A. 106 (a) If a master, owner or 332(1) Fine which may extend agent is guilty of to three thousand an offence under rupees. sub-section (1) of section 332; or (b) If the owner or master 332(2) of a ship is guilty of an offence under sub-section (2) of section 332; or (c) If a master fails to 332(3) Fine which may extend deliver any notice to one thousand required by rupees. 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 333(1) The master or owner contravention of shall be liable to sub-section (1) fine which may extend of section 333. to ten thousand rupees and to an additional fine not exceeding one thousand rupees for every inch or fraction of an inch by which the appropriate sub-division load line on each side was submerged or would have been submerged if the ship had no list, as the court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion. 108 If a person is guilty 334(1), Imprisonment which may of an offence under 334(2) extend to six months, sub-section (1) or or fine which may if a master is guilty extend to one thousand of an offence under rupees, or both. sub-section (2) of section 334. --------------------------------------------------------------------- 1. Ins. by Act 21 of 1966, s. 35. 613 1*[108A If an Indian nuclear 344C' The master or owner ship proceeds or at- shall be liable to tempts to proceed to fine which may extend sea in contravention to ten thousand rupees. of sub-section (1) of section 344C. 108B If an Indian nuclear 344D The master or owner or ship fails to comply agent shall be liable to with sub-section (1) imprisonment which may of section 344D. extend to six months or fine which may extend to ten thousand rupees or both. 108C If a nuclear ship 344E The master shall be lia- other than an Indian ble to fine which may ship enters the ter- extend to ten thousand ritorial waters of rupees. India in contravention of section 344E. 108D If the master of a 344F Fine which may extend to nuclear ship fails to ten thousand rupees. give the notice req- uired by sub-section (1) of section 344F. 10 (a) If the master of 344G(1), Imprisonment which may a nuclear ship (2)and(5) extend to one year or fails to give the fine which may extend notice required by to ten thousand rupees sub-section (1) or or both; sub-section (2) or sub-section (5) of section 344G; (b) if the master of a 344G(3) Imprisonment which may nuclear ship fails and (5) extend to one year or to comply with any fine which may extend directions issued to ten thousand rupees under sub-section or both.] (3) or sub-section (5) of section 344G. 109 If a master or person 348 Imprisonment which may in charge of a ship extend to three months fails, without reas- or fine which may extend onable cause, to co- to three thousand rupees mply with section 348. or both. 110 If a master fails to 349 Fine which may extend to comply with section two hundred rupees. 349. 111 If the owner or master 350 Fine which may extend to fails, without reaso- five hundred rupees. nable cause, to comply with section 350. 112 If the owner or agent 351 Fine which may extend to fails, without reaso- five hundred rupees. nable cause, to comply with section 351. 113 If any person contrav- 353 Fine which may extend to enes section 353. five hundred rupees. ---------------------------------------------------------------------- 1 Ins. by Act 21 of 1966, s. 35. 614 114 If a master fails to 354 Fine which may extend to comply with section five hundred rupees. 354. 115 (a) If a master fails 355(1), Imprisonment which may to comply with se- 355(2) extend to six months, ction (1) or sub- or fine which may extend section (2) of se- to one thousand rupees, ction 355; or both; (b) If a master fails 355(5) Fine which may extend to to comply with sub- one thousand rupees. section (5) of se- ction 355. 1*[115A If a master fails to 355A Imprisonment which may comply with section extend to six months or 355A. fine which may extend to one thousand rupees or both.] 2*[115B (a) If oil or oily mixture is disch- arged in contrav- ention of sub-se- ction (I) of sec- tion 356C-- (i) where such disch- 356C(I) The master of the tanker arge is made from shall be liable to fine an Indian tanker which may extend to five anywhere into the lakh rupees. sea; (ii) where such disch- 356C(I) The master of the tanker, arge is made from or if the tanker is un- a foreign tanker manned, the person in anywhere within charge of its operation the coastal waters shall be liable to fine of India. which may extend to five lakh rupees. (b) If oil or oily mi- xture is discharged in contravention of sub-section (2) of section 356C-- (i) where such discha- 356C(2) The master of the ship rge is made by an shall be liable to fine Indian ship other which may extend to five than a tanker any- lakh rupees. where into the sea; (ii) where such discha- 356C(2) The master, or if the rge is made by a ship is unmanned, the foreign ship other person in charge of its than a tanker any- operation shall be lia- where within the ble to fine which may coastal waters of extend to five lakh India. rupees. (c) If oil or oily mi- 356C(3) The master of the off- xture is discharged shore installation if in contravention of it be a mobile craft or sub-section (3) of the owner, opearater, section 356C. lesee 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 356E The owner, master or not fitted with equi- agent of the Indian pment prescribed under ship shall be liable to section 356E. fine which may extend to ten thousand rupees. 115D (i) If the master of 356F The master of the Indian an Indian tanker tanker or other Indian or other Indian ship shall be liable to ship fails to ma- fine which may extend to intain an oil re- five thousand rupees. cord book as req- uired by section 356F or contravenes any rule made under that section; (ii) If any person wilf- 356F The offender shall be ully destroys or liable to penalty of mutilates or rend- imprisonment which may ers illegible or extend to six months or prevents the making fine which may extend to of, any entry in ten thousand rupees or the oil record book both. or makes or causes to be made a false entry in such book in contravention of any rule made under section 356F. 115E If master of any ship 356G(2) The master of the ship refuses to certify shall be liable to fine copy of any entry in which may extend to one the oil record book thousand rupees. to be a true copy of such entry as requi- red under sub-section (2) of section 356G. 115F If any person fails to 356J(I) The offender shall be take action as requi- liable to penalty of red by a notice served imprisonment which may on him under sub-sec- extend to six months or tion (I) of section fine which may extend to 356J. ten lakh rupees or both. 115G If owner of any Indian 356L(I) The offender shall be ship, tug, barge or liable to penalty of any other equipment imprisonment which may fails to comply with extend to six months or any order issued under fine which may extend to sub-section (I) of se- one lakh rupees, or both ction 356L. and if the offence is a continuing one the off- ender shall be liable to a further fine which may extend to ten thousand rupees per day for every day during which the offence continues after conviction.] ---------------------------------------------------------------------- 1. Ins. by Act 21 of 1966, s. 35. 2. Subs. by Act 12 of 1983, s. 16 for sl. Nos. 115B to s.D 614A 116 If any person bound to 358(2) Fine which may extend to give notice under sub- five hundred rupees and section (2) of section in default of payment, 358 fails to give such simple imprisonment whi- notice. ch may extend to three months. 117 If a master or ship's 378 Fine which may extend to officer fails to com- five hundred rupees. ply with section 378. 118 If any person wilfully 392 Fine which may extend to disobeys any direction five hundred rupees. of the receiver of wr- eck under section 392. 119 If the owner or occu- 393 Fine which may extend to pier of any land imp- five hundred rupees. edes or in any way hinders any person in the exercise of the rights given by section 393. 120 (a) If any person omits 395(a) Fine which may extend to to give notice of the one thousand rupees. finding of any wreck to the receiver of wr- eck as required by cl- ause (a) of section 395; or (b) If any person omits 395(b) Fine which may extend to to deliver any wreck one thousand rupees and as required by clause in addition forfeiture (b) of section 395. 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. ---------------------------------------------------------------------- 614B 121 If any person contrav- 400 Fine which may extend to enes any of the prov- five hundred rupees. isions of section 400. 122 (a) If a ship is taken 406(1), to sea in contrave- 407(1) The master or owner of ntion of sub-secti- the ship or in the case on (1) of section of a ship other than an 406 or if a ship en- Indian ship the master, gages in the coast- agent in India of the ing trade in contr- owner or the charterer avention of sub- of the ship in respect section (1) of sec- of which the contrave- tion 407; or ntion has taken place shall be liable to imp- (b) If, without reas- 406 risonment which may ex- onable excuse, any 407, tend to six months, or limitation or con- fine which may extend dition contained to one thousand rupees, in a licence gra- or both. nted under section 406 or section 407 is contravened. 123 If a person to whom a 409 Fine which may extend to licence under section one hundred rupees. 406 or section 407 has been granted fai- ls to comply with section 409. 124 (a) If any directions 411 The owner, master or given under sec- agent shall be liable tion 411 are not to imprisonment for a complied with; or term which may extend to one thousand rupees, (b) If the provisions 412(3) or both. of sub-section (3) of section 412 are contravened. 125 If the owner, master 413 Imprisonment which may or agent on whom a extend to six months,or notice has been fine which may extend served under section to five hundred rupees, 413 fails to furnish or both. the information requ- ired within the time specified or in furni- shing the information makes any statement which he knows to be false on any material particular. 126 If a sailing vessel 417 The owner or tindal shall required to be regis- be liable to fine which tered under section may extend to five hun- 417 is not register- dred rupees. ed in accordance with the provisions of that section. 127 If the owner fails 418 Fine which may extend to to comply with section two hundred rupees. 418. 128 If the provisions of 419 The owner or tindal section 419 are cont- shall be liable to ravened. fine which may extend to two hundred rupees. ---------------------------------------------------------------------- 615 129 If any sailing vessel 420(3),421 The owner or tindal attempts to ply or shall be liable to im- proceed to sea without prisonment which may free board markings extend to six months, or is so loded as to or to fine wich may sub-merge such markings or extend to five hundred plies or proceeds to rupees, or both. sea without a certi- ficate of inspection as required by sub- section (1) of sec- tion 421, or if any of the terms and condi- tions specified in such certificate are contravened. 130 If the owner fails to 423 Fine which may extend to comply with section two hundred rupees and 423. in addition a fine which may extend to twenty rupees for every day during which the off- ence continues after conviction. 131 If the owner fails to 425 Fine which may extend to comply with section two hundred rupees. 425. 132 If any person contrave- 426 Fine which may extend to nes section 426 five hundred rupees. 133 If any person contrav- 428 Imprisonment which may ences any of the pro- extend to three months, visions of section or fine which may 428. extend to two hundred rupees, or both. 134 If the owner or tindal 429 Fine which may extend to fails to comply with two hundred rupees. any of the provisions of section 429. 135 If the owner or tindal 430(1) Imprisonment which may to comply with sub- extend to three months, section (1) of section or fine which may extend 430. to two hundred rupees, or both. 136 (a) If a sailing vessel 431(1) The owner, tindal or is engaged in the coas- agent shall be liable ting trade in contra- to imprisonment which vention of sub-section may extend to five six (1) of section 431; or months, or fine which may extend to five (b) if any of the terms 431(2) hundred rupees, or and conditions imposed both. under sub-section (2) of section 431 are contravened. 1*[136A] If any person is guilty 432(1) Imprisonment which may of an offence under extend to six months, sub-section (1) of or fine which may ex- section 432. tend to five hundred rupees, or both. 2*[137 If the owner fails to 434A(1) Imprisonment which may comply with sub-sec extend to six months, tion (1) of section or fine which may 434A extend to five thousand rupees, or both.] 1*[137A If an Indian fishing 435C The owner shall be to boat required to be liable to fine which registered under sec- may extend to one tho- tion 435C is not usand rupees. registered in accor- dance with the provi- sions of that section. 137B If the owner of an 435H The owner shall be lia- Indian fishing boat ble to fine which may fails to comply with extend to two hundred the provisions of rupees. section 435H. 137C If provisions of sec- 435I The owner shall be lia- tion 435I are contr- ble to fine which may avened. extend to two hundred rupees. 137D If provisions of sec- 435J The owner, skipper, tion 435J are contra- tindal or any other vened. 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 off- ence continues after conviction. 137E If provisions of sec- 435K The owner, skipper, tion 435K are contra- tindal or any other vened. 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 provisions of sect- 435M The owner shall be liable ion 435M are contr- to fine which may extend avened. 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 sec- 435N The owner shall be liable tion 435N are contra- to fine which may extend vened. to two hundred rupees and in addition to fine which may extend to extend to twenty rupees for every day during which the offence cont- inues after conviction. 137H If provisions of sec- 435P The owner shall be liable tion 435P are cont- to fine which may extend ravened. to two hundred rupees. 137I If any person contr- 435Q The offender shall be avenes the provisions liable to fine which of section 435Q. may extend to five hundred rupees. 137J If any person contr- 435S The offender shall be avenes the provisions liable to imprisonment of section 435S. which may extend to three months or fine which may extend to two hundred rupees, or both. 137K If provisions of sec- 435T The owner, skipper, tion 435T are con- tindal or any other travened. person in charge of the Indian fishing boat shall be liable to fine which may extend to two hundred rupees."] ---------------------------------------------------------------------- 1. Sl.No. 137 as Sl. No. 137A re-numbered by Act 41 of 1984, s.22 (w.e.f. 15-2-1985). 2. Ins. by Act 12 of 1983, s. 16. 3. Ins. by Act 41 of 1984, s.22 (w.e.f. 15.2.1985). 616 138 (a) If the master is 444(2) guilty of an offence Fine which may extend under sub-section (2) to one thousand rupees. of section 444; or (b) if the owner, 444(3) master or agent is guilty of an offence under sub-section (3) of section 444. 139 If any person exercises 450 Fine which may extend to the profession of a one thousand rupees. ship surveyor in cont- ravention of section 450. 140 If any person does any 454(2) Fine which may extend to act in contravention two hundred rupees. of sub-section (2) of section 454 in respect of which no other penalty is provided. 141 If any person is guilty 456(2) Fine which may extend to of an offence under five hundred rupees. sub-section (2) of section 456. ---------------------------------------------------------------------- Procedure
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