(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
Sections of this Act to which offence has
reference
Penalties
1.
If the owner or master of an Indian ship fails
to comply with or contravenes sub-section (2) of section 28.
28 (2)
Fine which may extend to one thousand rupees.
2.
If a person wilfully makes a false statement in
the builder's certificate referred to in section 30.
30
Fine which may extend to one thousand rupees.
3.
If a person contravenes sub-section (2) of
35(2)
Fine which may extend to one thousand rupees.
4.
If the owner or master of an Indian ship
commits an offence under sub-section (4) of section 35.
35(4)
Fine which may extend to one thousand rupees.
5.
If a master, without reasonable cause, fails to
comply with sub-section (4) of section 36.
36(4)
Fine which may extend to five hundred rupees.
6.
If a person makes illegal use of a certificate
of registry stated to have been mislaid, lost or destroyed or if
a person entitled to 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.
36(5)
Fine which may extend to one thousand rupees.
7.
If a master fails to deliver to the registrar
the certificate of registry as required by sub-section (2) or
subsection (3) of section 38.
38(2), 38(3)
Fine which may extend to one thousand rupees.
8.
If an owner fails to comply with sub-section
(1) of section 39 or if a master fails to comply with
sub-section (2) of that section.
39(1), 39(2)
Fine which may extend to one thousand rupees.
9.
If any person contravenes sub-section (1) of
42(1)
Fine which may extend to one thousand rupees.
10.
If any person acts or suffers any person under
his control to act in contravention of section 55 or omits to do
or suffers any person under his control to omit to do anything
required under that section.
55
Fine which may extend to one thousand rupees,
but nothing herein shall affect the 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 ship or for registering an alteration of a
ship under section 56.
56
Fine which may extend to one thousand rupees;
and in addition, a fine which may extend to fifty rupees for
every day during which the offence continues after conviction.
12.
If any distinctive national colours except
those declared under sub-section 11) of section 63 are hoisted
on board Indian ship.
63(1)
The master, owner and even other person
hoisting the 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.
15.
If default is made in complying with section
66.
66
The master shall be liable to fine which may
extend to one thousand rupees.
16.
If any person in the case of any declaration
made in the presence of or produced to a registrar under Part V
or in any document or other evidence produced to such registrar-
General
Imprisonment which may extend to six months, or
fine which may extend to one thousand rupees, or both.
(a) wilfully makes or assists in making or
procures to be made, any false statement concerning the title to
or ownership of or the interest existing in any ship or any
share in a ship; or
(b) utters, produces or makes use of any
declaration or document containing any such false statement
knowing the same to be false.
17. [ [Substituted by Merchant Shipping (Amendment) Act (13 of 1987), section 9 (1-7-89).]
If-
(a) any person causes a ship 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 ten thousand rupees, or both.
(b) any person having been engaged as one of
the officers referred to in S. 76 goes to sea as such officer
without being duly certificated.
76
Imprisonment which may extend to six months or
fine which may extend to five thousand rupees, or both.
(c) any master fails to submit the required
crew list or fails to report the changes made in the list before
commencing the relevant voyage.
84(i)(c)
Fine which may extend to five thousand rupees
and in 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 requirements of section 93.
93
Fine which may extend to two hundred rupees.
19.
If a master fails without reasonable cause to
comply with any of the requirements of section 94.
94
Fine which may extend to one hundred rupees.
20.
If any person acts in contravention of sub-
section (2) of section 95 or section 96 or section 97.
95 (2), 96, 97
Fine which may extend to one hundred rupees for
every seaman in respect of whom the offence is committed.
21.
If a person engages or carries any seaman to
sea in contravention of sub-section (2) of section 98 or section
99.
98 (2), 99
Fine which may extend to one hundred rupees for
every seaman in respect of whom to offence is committed.
22.
If a master carries any seaman to sea without
entering into an agreement with him in accordance with this Act.
100
Fine which may extend to one hundred rupees for
every seaman in respect of whom the offence is committed.
23.
If a master enters into an agreement with any
seaman for a scale of provisions less than the scale fixed under
clause (g) of sub-section (2) of section 101.
101 (2)(g)
Fine which may extend to two hundred rupees.
24.
If a master fails without reasonable cause, to
comply with any of the requirements of section 105, sub-section
(4) of section 106 or section 107.
105, 106(4), 107
Fine which may extend to fifty rupees.
25.
If any person-
(a) is carried to sea to work in contravention
of section 109[* * *] [Words ', section 110' omitted by Act No. 32 of 2014.]or section 111; or
109,[* * *] [Words '110,' omitted by Act No. 32 of 2014.]111
The master shall be liable to a fine which may
extend to fifty rupees.
(b) is engaged to work in any capacity in a
ship in contravention of section 109[* * *] [Words ', section 110' omitted by Act No. 32 of 2014.]or section 111
on a false representation by his parent or guardian that the
young person is of an age at which such engagement is not in
contravention of those sections.
The parent or guardian shall be liable to a
fine which may extend to fifty rupees.
26.
If a master refuses or neglects to produce for
inspection any certificate for physical fitness delivered to him
under section 111 when required to do so by a shipping Master.
General
Fine which may extend to fifty rupees.
27.
If the master of a ship, where there is no
agreement with the crew, fails to keep the register of young
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 shipping master.
General
Fine which may extend two hundred rupees.
28.
If the master of a ship other than an Indian
ship engages a seaman in India otherwise than in accordance with
114
Fine which may extend to one hundred rupees for
every seaman so engaged.
29.
If any owner, master or agent wilfully disobeys
any order under section 115.
115
Imprisonment which may extend to three months,
or fine which may extend to one thousand rupees, or both.
30.
If a master fails to comply with section 116.
116
Fine which may extend to one hundred rupees.
31.
If any person obstruct? any officer referred to
in section 117 in the exercise of his powers under that section.
General
Fine which may extend to one hundred rupees.
32.
If a master or owner acts in contravention of
sub-section (1) or sub-section (2) of section 118.
118(1), 118(2)
Fine which may extend to one hundred rupees.
33.
If a master fails to comply with the provisions
of sub-section (1) of section 119 oi without reasonable cause,
fails to return the certificate of competency to the officer
concerned as required by sub section (2) of that section.
119(1), 119(2)
Fine which may extend to two hundred rupees.
34.
If a master fails to comply with section 120
120
Fine which may extend to one hundred rupees.
35.
If any person-
General
Imprisonment which may extend to six months, or
fine which may extend to five hundred rupees, or both.
(a) forges or fraudulently alters 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; 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.
121(1)
Fine which may extend to one thousand rupees.
37.
If a master-
(a) fails without reasonable cause to comply
with sub-section (1) or subsection (3) of section 122; or
122(1), 122 (3)
Fine which may extend to two hundred rupees.
(b) delivers a false statement for the purpose
of sub-section (2) of section 122.
122 (2)
38.
If a master fails, without reasonable cause, to
comply with section 125.
125
Fine which may extend to fifty rupees.
39.
If a master or owner pays the wages of a seaman
in a manner contrary to subsection (1) of section 128.
128(1)
Fine which may extend to one hundred rupees.
40.
If a master fails to comply with section 131
131
Fine which may extend to one hundred rupees.
41.
If any person fails, without reasonable cause,
to comply with any requisition under section 133.
133
Fine which may extend to fifty rupees.
42.
If a seaman contravenes sub-section (3) of
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.
42A. [ [Inserted by the Merchant Shipping (Amendment) Act (9 of 1998), Section 6 (26-9-1997).]
If the master or owner contravenes the
provisions of section 138A
138A
Fine which may extend to 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 which is binding on him under sub-section (5) of
General
Imprisonment which may extend to one month, or
fine which may extend to one thousand rupees, or both.
44.
If a seaman or an owner 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 respect to taking charge of the property of a
deceased seaman or apprentice or to making in the official
logbook the proper entries relating thereto or to the payment or
delivery of such property as required by sub-section (1) of
154 (1)
Fine which may extend to three times the value
of the property not accounted for or if such value is not
ascertained to five hundred rupees but nothing herein shall
affect his liability under sub-section (1) of section 154 to
account for the property not accounted for.
46.
If the master of an Indian ship fails or
refuses without reasonable cause to receive on board his ship or
to give a passage or subsistence to, or to provide for, any
seaman contrary to sub-section (1) of section 163.
163 (1)
Fine which may extend to one thousand rupees in
respect of each such seaman.
47.
(a) If a master fails to comply with, or
contravenes any provision of subsection (3) of section 168;
168 (3)
Fine which may extend to two hundred rupees,
but nothing herein shall affect the power to detain the ship
under sub-sechon (2) of section 168;
(b) If a master or any other person having
charge of any provisions or water on board a ship liable to
inspection under section 168 refuses or fails to give the person
making the inspection reasonable facility for the purpose.
168 (6)
Fine which may extend to two hundred rupees.
48.
If a master fails to furnish provisions to a
seaman in accordance with the agreement entered into by him and
the court considers the failure to be due to the neglect or
default of the master, or if a master furnishes to a seaman,
provisions which are bad in quality or unfit for use.
General
Fine which may extend to five hundred rupees,
but nothing herein shall affect the claim for compensation under
sub-section (1) of section 169.
49.
If a master fails without reasonable cause to
comply with section 171.
171
Fine which may extend to one hundred rupees.
50.
(a) If any requirement of section 172 is not
complied with in the case of any ship; or
172
The owner shall be liable to fine which may
extend to two 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 to the port health
officer in the discharge of his duty.
The owner or master shall be liable to fine
which may extend to two hundred rupees unless he can prove that
the obstruction was caused without his knowledge or connivance.
51.
If any foreign-going ship referred to in
sub-section (1) of section 173 does not carry on board a duly
qualified medical officer.
173(1)
The owner shall be liable for each voyage of
the ship made without having on board a duly qualified medical
officer a fine which may extend to two hundred rupees.
52.
If a master fails, without reasonable cause, to
comply with section 184
184
Fine which may extend to one hundred rupees.
53.
If any person fails to comply with sub-section
(1) of section 187.
187(1)
Fine which may extend to one hundred rupees.
54.
If any person contravenes section 188.
188
Fine which may extend to fifty rupees.
55.
If any person goes on board a ship contrary to
189
Fine which may extend to two hundred rupees.
56.
If a master, seaman or apprentice contravenes
190
Imprisonment which may extend to two years or
fine which may extend to one thousand rupees, or both.
57.
If a seaman or apprentice-
(a) deserts his ship;
191(1)(a)
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 (1)
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
193(3)
Fine which may extend to two hundred rupees.
59.
If a seaman or apprentice is guilty of the
offence specified in-
194
(i) clause (a) of section 194;
Forfeiture out of his wages of a sum not
exceeding one month's pay.
(ii) clause (b) of section 194;
forfeiture out of his wages of 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.
61.
If a seaman on or before being engaged wilfully
and fraudulently makes a false statement of the name of his last
ship or alleged last ship or wilfully and fraudulently makes a
false statement of his own name.
General
Fine which may extend to fifty rupees.
62.
If a master or owner neglects or refuses to pay
over the fine under sub-section (1) of section 202.
202
Fine which may extend to six times the amount
of the fine retained by him.
63.
If any person contravenes section 203.
203
Fine which may extend to one hundred rupees.
64.
If any person contravenes section 204.
204
Fine which may extend to one hundred rupees.
65.
If any person goes to sea in a ship contrary to
sub-section (1) of section 205.
205(1)
Imprisonment which may extend to one month, or
fine which may extend to two hundred rupees, or both.
66.
(a) If any person wilfully disobeys the
prohibition contained in clause (a) of section 206; or
206(a)
Imprisonment which may 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 wages, money or other property or sum in the
manner required by clause (b) of section 206.
206(b)
Fine which may extend to five hundred rupees.
67.
If a master fails to deliver or transmit the
documents referred to in sub-section (1) of section 208 or
section 209 as provided therein.
208 (1), 209
Fine which may extend to five hundred rupees.
68.
If a master contravenes sub-section (1) of
210(1)
Imprisonment which may extend to three months,
or fine which may extend to one thousand rupees, or both.
69.
If any person harbors or secretes any deserter
knowing or having reason to believe that he has deserted.
General
Fine which may extend to two hundred rupees.
70.
If a master fails to comply with sub-section
(2) of section 214.
214(2)
Fine which may extend to one hundred rupees.
71.
(a) If 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 wilfully destroys or mutilates or
renders illegible any entry in any official log book or wilfully
makes or procures to be made or assists in making a false or
fraudulent entry in or omission from an official log book
General
Imprisonment which may extend to one year.
73.
If a master fails, without reasonable cause, to
comply with section 216.
216
Fine which may extend to two hundred rupees.
74.
If a master or owner fails, without reasonable
cause, to comply with section 217.
217
Fine which may extend to one hundred rupees.
75.
If an owner, agent or master without reasonable
cause neglects to give the notice required by sub-section (1) of
229 (1)
Fine which may extend to five hundred rupees.
76.
If an owner or master, without reasonable
cause, fails to deliver a certificate under section 230.
230
Fine which may extend to one hundred rupees.
77.
If a certificate or survey is not affixed or
kept affixed as required by section 231.
231
The owner or master shall be liable to fine
which may extend to two hundred rupees.
78.
If a ship carries or attempts to carry
passengers in contravention of sub-section (1) of section 220 or
has on board a number of passengers in contravention of
sub-section (1) of section 231.
220(1), 232(1)
The owner, agent or master shall be liable to
fine which may extend to one thousand rupees.
79.
(a) If a person is guilty of any offence
specified in sub-section (1) of section 233;
233(1)
The person concerned shall be liable to fine
which may extend to fifty rupees; but this liability shall not
prejudice the recovery of the fare, if any, payable by him;
(b) If a person contravenes sub-section (2) of
233 (2)
Fine which may extend to three hundred rupees.
80.
If[a special trade passenger] [Substituted for the words 'an unberthed passenger ship' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrim ship
departs or proceeds on a voayage from or discharges[special
trade passengers] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrims at any port of place within India
in contravention of sub-section (1) of section 237, or if a
person is received as[a special trade passenger] [Substituted for the words 'an unberthed passenger ship' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrim on
board any such ship in contravention of sub-section (2) of that
section.
237 (1)
The master, owner or agent shall be liable to
fine which may extend to one thousand rupees.
81.
If the master, owner or agent of[a special
trade passenger] [Substituted for the words 'an unberthed passenger' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2 (1-12-1976).]or pilgrim ship fails to give the notice
required by sub-section (1) of section 238.
238(1)
Fine which may extend to two hundred rupees.
82.
If a person impedes or refuses to allow any
entry or inspection authorized by section 239.
239
Fine which may extend to five hundred rupees.
83.
If a master or owner fails to comply with
246
Fine which may extend to two hundred rupees.
84.
If the master, owner or agent of[a special
trade passenger] [Substituted for the words 'an unberthed passenger' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2 (1-12-1976).]or pilgrim ship, after 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, or[special trade
passengers] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrims or other matters to which the
certificate relates.
General
Imprisonment for a term which may extend to six
months, or fine which may extend to two thousand rupees, or
both.
85.
If the master of[a special trade passenger] [Substituted for the words 'an unberthed passenger' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2 (1-12-1976).]or
pilgrim ship or any contractor employed by him for the purpose
contravenes section 247.
247
Fine which may extend to thirty rupees for
every[special trade passenger] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrim, who has sustained
detriment by the omission to supply the prescribed provisions.
86.
If[a special trade passenger] [Substituted for the words 'an unberthed passenger' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2 (1-12-1976).]or pilgrim ship
carries[special trade passengers] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrims in contravention
of sub-section (1) section 248.
248(1)
The master, owner or agent shall be liable to
fine which may extend to two thousand rupees.
87.
If a master, owner or agent contravenes section
249.
249
Fine which may extend to one thousand rupees.
88.
If an owner, agent or master contravenes
252
Fine which may extend to one thousand rupees.
89.
If the master, owner or agent fails to comply
with sub-section (1) of section 255.
255 (1)
Fine which may extend to two hundred rupees.
89A. [ [Inserted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 25(a) (1-12-1976).]
If a master, owner or agent contravenes
sub-section (6) of section 255.
255 (6)
Fine which may extend to two thousand rupees.]
90.
If medical officers or medical attendants are
not carried on[a special trade passenger ship] [Substituted for the words 'unberthed passenger ships' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]as required by
sub-section (1) or subsection (2) of section 259, as the case
may be; or if the ship is not provided with a hospital, medical
stores and equipment as required by sub-section (3) of that
section.
259
The master, owner or agent shall be liable for
each voyage made in contravention of section 259 to fine which
may extend to five hundred rupees.
90A. [ [Inserted by Amending Act, 1976 (69 of 1976) Section 25 (b) (1-12-1976).]
(a) If medical officers and attendants are not
carried on a pilgrim ship in accordance with clause (a) or
sub-section (4) of section 259; or
259 (4)
(a) The master, owner or agent shall be liable
for each voyage made in contravention of clause (a) of
sub-section (4) of section 259 to fine which may extend to three
hundred rupees;
(b) If a medical officer or attendant on a
pilgrim ship contravenes clause (c) of sub-section (4) of
259 (4)
(c) fine which may extend to two hundred
rupees.]
91.
If an owner, agent or master contravenes
260
Fine which may extend to one thousand rupees.
92.
[* * * * * * * * * * * * * *] [Omitted by the Merchant Shipping (Amendment) Act, (69 of 1976), Section 25(c) (1-12-1976).]
93.
[* * * * * * * * * * * * * *] [Omitted by the Merchant Shipping (Amendment) Act, (69 of 1976), Section 25(c) (1-12-1976).]
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 contravention of section 297.
297
The master or owner shall be liable to fine
which may extend to two hundred rupees.
97.
If any ship proceeds or attempts to proceed to
sea without carrying on board the information required by[* *
*] [Words 'sub-section (1)' and bracket and figure '(1)' omitted by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 35 (28-5-1966).]section 298.
298[*] [Words 'sub-section (1)' and bracket and figure '(1)' omitted by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 35 (28-5-1966).]
The master or owner shall be liable to fine
which may extend to one thousand rupees.
98.
If any ship proceeds or attempts to proceed to
sea in contravention of section 307.
307
The master or owner shall be liable to fine
which may extend to-
(a) in the case of a passenger ship, to one
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.
98A. [ [Inserted by Merchant Shipping (Amendment) Act, 1966 (21 of 1966), Section 35 (28-5-1966).]
If the owner, agent or master fails to comply
with section 309A.
309A
Fine which may extend to five hundred rupees.]
99.
If any ship proceeds or attempts to proceed to
sea in contravention of section 312.
312
The master or owner shall be liable to fine
which may extend to one thousand rupees.
100.
If any ship is loaded in contravention of
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] [Substituted for the words 'one thousand rupees' by Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 16 (i) (18-5-1983).]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 :
Provided that it shall be a good defense 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 fore-stalled.
101.
(a) If the owner or master of an Indian ship
contravenes sub-section (1) of section 314; or
314(1)
Fine which may extend to one thousand rupees.
(b) If any person contravenes sub-section (2)
of section 314.
314(2)
102.
If master or owner fails to deliver the
certificate as required under sub-section[(8)] [Substituted for '5' by Act 25 of 1970, Section 18 (19-12-1970).]of section 317.
317[(8)] [Substituted for '5' by Act 25 of 1970, Section 18 (19-12-1970).]
Fine which may extend to one hundred rupees.
103.
If a master proceeds or attempts to proceed to
sea in contravention of sub-section (1) of section 318.
318(1)
Fine which may extend to one thousand rupees.
104.
(a) If the owner of an Indian ship fails to
comply with clause (a) of sub-section (1) of section 319, or
319(1) (a)
Fine which may extend to two hundred rupees.
(b) if a master fails to comply with clause (b)
of sub-section (1), or clause (a) or clause (b) of sub-section
(2) of section 319.
319(1) (b) 319(2)
105.
If a master fails to comply with sub-section
(1) of section 320.
320(1)
Fine which may extend to one hundred rupees.
105A. [ [Inserted by Act 21 of 1966, Section 35 (28-5-1966).]
If the owner, agent or master fails to comply
with sub-section (1) of section 331A.
331A
Fine which may extend to one thousand rupees.]
106.
(a) If a master, owner or agent is guilty of an
offence under sub-section (1) of section 332; or
332(1)
Fine which may extend to three thousand rupees.
(b) if the owner or master of a ship is guilty
of an offence under sub-section (2) of section 332; or
332 (2)
(c) if a master fails to deliver any notice
required by 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.
332(3)
Fine which may extend to one thousand rupees.
107.
If a ship is loaded in contravention of
sub-section (1) of section 333.
333(1)
The master or owner shall be liable to fine
which may extend to ten 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 of an offence under
sub-section (1) or if a master is guilty of an offence under
sub-section (2) of section 334.
334(1), 334(2).
Imprisonment which may extend to six months, or
fine which may extend to one thousand rupees, or both.
108A. [ [Inserted by Act 21 of 1966, Section 35 (28-5-1966).]
If an Indian nuclear ship proceeds or attempts
to proceed to sea in contravention of sub-section (1) of section
344C.
344C
The master or owner shall be liable to fine
which may extend to ten thousand rupees.
108B.
If an Indian nuclear ship fails to comply with
sub-section (1) of section 344D.
344D
The master or owner of agent shall be liable to
imprisonment which may extend to six months or fine which may
extend to ten thousand rupees or both.
108C.
If a nuclear ship other than an Indian ship
enters the territorial waters of India in contravention of
section 344E.
344E
The master shall be liable to fine which may
extend to ten thousand rupees.
108D.
If the master of a nuclear ship fails to give
the notice required by sub-section (1) of section 344F.
344F
Fine which may extend to ten thousand rupees.
108E.
(a) If the master of a nuclear ship fails to
give the notice required by sub section (1) or sub-section (2)
or subsection (5) of section 344G;
344G(1), (2) & (5)
Imprisonment which may extend to one year or
fine which may extend to ten thousand rupees or both
(b) if the master of a nuclear ship fails to
comply with any directions issued under sub-section (3) or
sub-section (5) of section 344G.
344G(3) & (5)
Imprisonment which may extend to one year or
fine which may extend to ten thousand rupees or both.]
109.
If a master or person in charge of a ship
fails, without reasonable cause to comply with section 348.
348
Imprisonment which may extend to three months
or fine which may extend to three thousand rupees, or both.
110.
If a master fails to comply with section 349.
349
Fine which may extend to two hundred rupees.
111.
If the owner or master fails, without
reasonable cause, to comply with section 350.
350
Fine which may extend to five hundred rupees.
112.
If the owner or agent fails, without reasonable
cause, to comply with section 351.
351
Fine which may extend to five hundred rupees.
113.
If any person contravenes section 353.
353
Fine which may extend to five hundred rupees.
114.
If a master fails to comply with section 354.
354
Fine which may extend to five hundred rupees.
115.
(a) If a master fails to comply with
sub-section (1) or sub-section (2) of section 355; or
355(1), 355(2)
Imprisonment which may extend 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 section 355.
355(5)
Fine which may extend to one thousand rupees.
115A. [ [Inserted by Act 21 of 1966, Section 35 (28-5-1966).]
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.]
115B. [ [Substituted for the Serial Numbers 115B, 115C and 115D and the entries relating thereto by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983), Section 16(ii) (18-5-1993).]
(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 anywhere into the sea;
356 C(1)
The master of the tanker shall be liable to
fine which may extend to five lakh rupees.
(ii) where such
foreign tanker anywhere within the coastal waters of India.
356 C(1)
The master of the tanker or, if the tanker is
unmanned, the person in charge of its operation shall be liable
to fine which may extend to five lakh rupees.
(b) If oil or oily mixture is discharged in
contravention of sub-section (2) of section 356C.
356 C(2)
The master, or if the ship is unmanned, the
person in charge of the operation shall be liable to fine which
may extend to five lakh rupees.
(i) where such
discharge is made by an Indian ship other than a tanker anywhere
into the Sea;
The master of the ship shall be liable to fine
which may extend to five lakh rupees.
(ii) where such
discharge is made by a foreign ship other than a tanker anywhere
within the coastal waters of India.
(c) If oil or oily mixture is discharged in
contravention of sub-section (3) of section 356C.
356C(3)
The master of the offshore installation if it
be a mobile craft or the owner, operator, lessee or licensee of
an offshore instalation of any other type shall be liable to
fine which may extend to five lakh rupees.
115C.
If an Indian ship is not fitted with equipment
prescribed under section 356E.
356E
The owner, master or agent of 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 maintain an oil record book as required by section
356F or contravenes any rule made under that section.
356F
The master of the Indian tanker or other Indian
ship shall be liable to fine which may extend to five thousand
rupees.
(ii) If any person willfully destroys or
mutilates or renders illegible or prevents the making of any
entry in the oil record book or makes or causes to be made a
false entry in such book in contravention of any rule made under
section 356F.
356F
The offender shall be liable to penalty of
imprisonment which may extend to six months or fine which may
extend to ten thousand rupees or both.
115E.
If master of any ship refuses to certify copy
of any entry in the oil record book to be a true copy of such
entry as required under sub-section (2) of section 356G.
356G(2)
The master of the ship shall be liable to fine
which may extend to one thousand rupees.
115F.
If any person fails to take action as required
by a notice served on him under subsection (1) of section 356J.
356J(1)
The offender shall be liable to penalty of
imprisonment which may extend to six months or fine which may
extend to ten lakh rupees or both.
115G.
If owner of any Indian ship, tug, barge or any
other equipment fails to comply with any order issued under
sub-section (1) of section 356L.
356L(1)
The offender shall be liable to penalty of
imprisonment which 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 [Inserted by Act No. 31 of 2014.]
If the owner of an Indian ship fails to comply with section 356R
356R
Fine which may extend to fifteen lakh rupees.
115I
If a master proceeds or attempts to proceed to sea in contravention of section 356S
356S
Fine which may extend to three lakh rupees.
115J
If the owner of an Indian ship or any person fails to comply with the rules made or measures taken by the Central Government under section 356U
356U
Fine which may extend to one Lakh and fifty thousand rupees.
115K
If the master of a ship fails to maintain records as required by section 356V
356V
Fine which may extend to one lakh and fifty thousand rupees.
115L
If the master of a ship fails to
comply with sub-section (1) of section 356W
356W(1)
Fine which may extend to one lakh and fifty thousand rupees.]
116.
If any person bound to give notice under
sub-section (2) of section 358 tails to give such notice.
358(2)
Fine which may extend to five 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.
378
Fine which may extend to five hundred rupees.
118.
If any person willfully disobeys any direction
of the receiver of wreck under section 392.
392
Fine which may extend to five hundred rupees.
119.
If the owner or occupier of any land impedes or
in any way hinders any person in the exercise of the right given
by section 393.
393
Fine which may extend to five hundred rupees.
120.
(a) If any person omits to give notice of the
finding of any wreck to the receiver of wreck as required by
clause (a) section 395; or
395(a)
Fine which may extend to one thousand rupees;
(b) if any person omits to deliver any wreck as
required by clause (b) of section 395.
395(b)
Fine which may extend to one 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.
400
Fine which may extend to five hundred rupees.
122.
(a) If a ship is taken to sea in contravention
of sub-section (1) of section 406 or if a ship engages in the
coasting trade in contravention of sub-section (1) section 407;
or
406(1), 407(1)
The master or owner of the ship or in the case
of a ship other than an Indian ship the master, agent in India
of the owner or the charterer of the ship in respect of which
the contravention has taken place shall be liable to
imprisonment which may extend to six months, or fine which may
extend to one thousand rupees, or both.
(b) if, without reasonable excuse, any
limitation or condition contained in a license granted under
section 406 or section 407 is contravened.
406, 407
123.
If a person to whom a license under section 406
or section 407 has been granted fails to comply with section
409.
409
Fine which may extend to one hundred rupees.
124.
(a) If any directions given under section 411
are not complied with; or
411
The owner, master or agent shall be liable to
imprisonment for a term which may extend to six months, or to
fine which may extend to one thousand rupees, or both.
(b) if the provisions of sub-section (3) of
section 412 are contravened.
412(3)
“ ““ “
“ ““ “
125.
If the owner, master or agent on whom a notice
has been served under section 413 fails to furnish the
information required within the time specified or furnishing the
information makes any statement which he knows to be false on
any material particular.
413
Imprisonment which may extend to six months, or
fine which may extend to five hundred rupees, or both.
126.
If a selling vessel required to be registered
under section 417 is not registered in accordance with the
provisions of that section.
417
The owner or tindal shall be liable to fine
which may extend to five hundred rupees. Fine which may extend
to two hundred rupees.
127.
If the owner fails to comply with section 418.
418
The owner or tindal shall be liable to 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
imprisonment which may extend to six months, or to fine which
may extend to five hundred rupees, or both.
129.
If any sailing vessel attempts to ply or
proceed to sea without free board markings or is so loaded as to
submerge such markings, or plies or proceeds to sea without a
certificate of inspection as required by sub-section (1) of
section 421, or if any of the terms and conditions specified in
such certificate are contravened.
420(3), 421
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.
133.
If any person contravenes any of the provisions
of section 428.
428
Imprisonment which may extend 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 provisions of section 429.
429
Fine which may extend to two hundred rupees.
135.
If the owner or tindal fails to comply with
sub-section (1) of section 430.
430(1)
Imprisonment which may extend to three months,
or fine which may extend to two hundred rupees, or both.
136.
(a) If a sailing vessel is engaged in the
coasting trade in contravention of sub-section (1) of section
431; or
431(1)
The owner, tindal or agent shall be liable to
imprisonment which may extend to six months, or fine which may
extend to five hundred rupees, or both.
(b) if any of the terms and conditions imposed
under sub-section (2) of section 431 are contravened.
431(2)
136A. [] [Existing No. 137 renumbered as Section No. 136A and after Section No. 136A as so renumbered Section No. 137 inserted by Merchant Shipping (Amendment) Act (41 of 1984), Section 22 (15-7-85).]
If any person is guilty of an offence under
sub-section (1) of section 432.
432(1)
Imprisonment which may extend to six months, or
fine which may extend to five hundred rupees, or both.
137. [ [Existing No. 137 renumbered as Section No. 136A and after Section No. 136A as so renumbered Section No. 137 inserted by Merchant Shipping (Amendment) Act (41 of 1984), Section 22 (15-7-85).]
If the owner fails to comply with sub-section
(1) of section 439-A
434A(1)
Imprisonment which may extend to six months or
fine which may extend to five thousand rupees or both.]
137A. [ [Inserted by the Merchant Shipping (Amendment) Act,1983 (12 of 1983), section 16 (iii) (18-5-1983).]
If an Indian fishing boat required to be
registered under section 435C is not registered in accordance
with the provisions of that section.
435C
The owner shall be liable to fine which may
extend to one thousand rupees.
137B.
If the owner of an Indian fishing boat fails to
comply with the provisions of section 435H.
435H
The owner shall be liable to fine which may
extend to two hundred rupees.
137C.
If the provisions of section 435I are
contravened.
435I
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 of every day during which the
offence continues after conviction.
137E.
If the provision 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.
137G.
If the provisions of section 435N are
contravened.
435N
The owner shall be liable to fine which may
extend to two hundred rupees and in addition to fine which may
extend to twenty rupees for every day dining 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.
137I.
If any person contravenes the provisions of
section 435Q.
435Q
The offender shall be liable to fine which may
extend to five hundred rupees.
137J.
If any person contravenes the provisions of
section 435S.
435S
The offender shall be liable to imprisonment
which may extend to three months or fine which may extend to two
hundred rupees or both.
137K.
If provisions of section 435T are contravened.
435T
The owner, skipper, tindal or any other person
in charge of the Indian fishing boat shall be liable to fine
which may extend to two hundred rupees.]
138.
(a) If the master is guilty of an offence under
sub-section (2) of section 444; or
444(2)
Fine which may extend to one thousand rupees.
(b) if the owner, master or agent is guilty of
an offence under sub-section (3) of section 444.
444(3)
139.
If any person exercises the profession of a
ship surveyor in contravention of section 450;
450
Fine which may extend to one thousand rupees.
140.
If any person does any act in contravention of
sub-section (2) of section 454 in respect of which no other
penalty is provided.
454(2)
Fine which may extend to two hundred rupees.
141.
If any person is guilty of an offence under
sub-section (2) of section 456.
456(2)
Fine which may extend to five hundred rupees.
Procedure