Section 54 of The Indian Ports Act, 2025: Authority for imposition of penalty and procedure therefor.
About this Act
An Act to consolidate the law relating to ports, promote integrated port development, facilitate ease of doing business and ensure the optimum utilisation of India's coastline; establish and empower State Maritime Boards for effective management of ports other than major ports; establish the Maritime State Development Council for fostering structured growth and development of the port sector; provide for the management of pollution, disaster, emergencies, security, safety, navigation, and data at ports; ensure compliance with India's obligations under international instruments to which it is a party; take measures for the conservation of ports; provide for adjudicatory mechanisms for the redressal of port-related disputes; and address matters connected therewith or incidental thereto.
(1) The authority for imposing the penalty under the Second Schedule with regard to contravention listed under sub-section (3) of section 15, where the contravention is by port officer, shall be the conservator and where the contravention is by the port, shall be such officer, as may be notified by the State Government.
(2) For the purpose of imposition of penalty under this Chapter, where the conservator is a body of persons, the authority for imposition of penalty shall mean, one person appointed from amongst such body of persons, in such manner as may be prescribed by the appropriate Government.
(3) The authority for imposing the penalty under the Second Schedule with regard to contraventions listed under section 19, section 20, sub-section (1) of section 22, section 23, sub-section (1) of section 26, sub-section (1) of section 32, section 39, sub-section (1) of section 40, section 41, section 43, sub-section (2) of section 47, section 49, sub-section (1) of section 52, section 57, section 65 shall be the conservator.
(4) The authority for imposing the penalty under the Second Schedule with regard to section 36, section 37, sub-section (1) of section 38, sub-section (2) of section 38, sub-section (3) of section 38, sub-section (1) of section 44, sub-section (2) of section 44, sub-section (1) of section 66, sub-section (4) of section 66, section 67, section 68, sub-section (1) of section 69 and sub-section (2) of section 69 shall be the concerned principal officer under the Merchant Shipping Act, 2025 (24 of 2025).
(5) Before imposing any penalty specified under the Second Schedule, the parties shall be given an opportunity of being heard.
(6) Every order of imposition of penalty under this section shall be in writing.
TABLE THE SECOND SCHEDULE [See section 54(3)] Penalty for certain contraventions
Sl. No. | Contravention | Section | Penalties
(1) | (2) | (3) | (4)
1. | If any port other than major port or port officer fails to comply with directions of the State Maritime Board under sub-section (3) of section 15. | 15(3) | In case of contravention by a port officer, penalty which may extend to ten thousand rupees and in addition, penalty not exceeding one thousand rupees for every day during which such default continues. In case of contravention by port, penalty which may extend to two lakh rupees and in addition, penalty not exceeding twenty thousand rupees for every day during which such default continues.
2. | If any person refuses or neglects to obey any direction of the conservator issued under section 19. | 19 | Penalty which may extend to twenty thousand rupees and in addition, penalty not exceeding five thousand rupees for every day during which such default continues.
3. | If any owner has without lawful excuse caused any obstruction or impediment under section 20. | 20 | Penalty which may extend to two lakh rupees and in addition, penalty not exceeding twenty thousand rupees for every day during which such default continues.
4. | If any master of a vessel or any other person lifts the buoys or moorings without assistance of the conservator in contravention of sub-section (1) of section 22. | 22(1) | Penalty which may extend to one lakh rupees.
5. | If the master of the vessel, or any person in possession or occupation of the building or place, without lawful excuse, refuses to allow the conservator or any person to board or enter such vessel, building or place in contravention of section 23. | 23 | Penalty which may extend to ten thousand rupees for the first contravention and in addition, penalty not exceeding ten thousand rupees for every day during which such default continues.
6. | If any person without lawful excuse, removes, destroys or damages any property in contravention of sub-section (1) of section 26. | 26(1) | Penalty which may extend to one lakh rupees and in addition, expenses for any loss, destruction or damage suffered by the port, including expenses of any inspection or survey carried out.
7. | If any owner or master of a vessel enters, leaves or moves in any port in contravention of sub-section (1) of section 32. | 32(1) | Penalty which may extend to two lakh rupees.
8. | If any port fails to provide adequate reception facilities in contravention of section 36. | 36 | Penalty which may extend to two lakh rupees.
9. | If any port fails to comply with directions of the Central Government under section 37. | 37 | Penalty which may extend to one lakh rupees and in addition, penalty which may extend to twenty thousand rupees for every day during which such default continues.
10. | If any port fails to prepare a port waste reception and handling plan in contravention of sub-section (1) of section 38. | 38(1) | Penalty which may extend to one lakh rupees.
11. | If any port fails to implement the approved port waste reception and handling plan in contravention of sub-section (2) of section 38. | 38(2) | Penalty which may extend to one lakh rupees.
12. | If any port fails to communicate any information to vessels in contravention of sub-section (3) of section 38. | 38(3) | Penalty which may extend to twenty thousand rupees.
13. | If any operator, agent or master of a vessel fails to submit an advance waste notice in contravention of section 39. | 39 | Penalty which may extend to twenty thousand rupees.
14. | If any master of a vessel fails to deliver all its vessel-generated waste to a reception facility in contravention of sub-section (1) of section 40. | 40(1) | Penalty which may extend to one lakh rupees.
15. | If the owner or master of any vessel fails to pay the charges payable or fails to comply with the conditions under section 41. | 41 | Penalty which may extend to twenty thousand rupees and in addition, penalty which may extend to two thousand rupees for every day during which such default continues.
16. | If any person fails to upload information on the portal in contravention of section 43. | 43 | Penalty which may extend to ten thousand rupees.
17. | If any port fails to report the particulars of any incident in contravention of sub-section (1) of section 44. | 44(1) | Penalty which may extend to one lakh rupees.
18. | If any port fails to comply with the directions issued by the Central Government under sub-section (2) of section 44. | 44(2) | Penalty which may extend to one lakh rupees and in addition, penalty which may extend to ten thousand rupees for every day during which such default continues.
19. | If the Authority or concessionaire or person or body of persons fails to publish the port tariff in contravention of sub-section (2) of section 47. | 47(2) | Penalty which may extend to fifty thousand rupees and in addition, penalty which may extend to five thousand rupees for every day during which such default continues.
20. | If any owner, agent or master of a vessel fails to report the arrival of a vessel in contravention of section 49. | 49 | Penalty which may extend to twenty thousand rupees.
21. | If any master of a vessel fails to pay any fees or other charges in contravention of sub-section (1) of section 52. | 52(1) | Penalty which may extend to twice the amount of fees or other charges due, subject to a minimum of twenty thousand rupees.
22. | If any person fails to furnish or furnishes information in contravention of section 57. | 57 | Penalty which may extend to two lakh rupees and in addition, penalty which may extend to two thousand rupees for every day during which such default continues.
23. | If the master of any vessel unlawfully hoists or fails to hoist any flag in contravention of section 65. | 65 | Penalty which may extend to twenty thousand rupees.
24. | If any port fails to prepare a safety, security, disaster management and pollution incident emergency preparedness and response plan in contravention of sub-section (1) of section 66. | 66(1) | Penalty which may extend to two lakh rupees.
25. | If any port fails to comply with the directions issued by the conservator in contravention of sub-section (4) of section 66. | 66(4) | Penalty which may extend to two lakh rupees.
26. | If any port fails to report particulars of any incident in contravention of section 67. | 67 | Penalty which may extend to one lakh rupees.
27. | If any port fails to provide shore based welfare services in contravention of section 68. | 68 | Penalty which may extend to twenty thousand rupees.
28. | If any port fails to comply with directions of the Central Government issued under sub-section (1) of section 69. | 69(1) | Penalty which may extend to fifty thousand rupees.
29. | If any port fails to develop or maintain a vessel traffic service in contravention of sub-section (2) of section 69. | 69(2) | Penalty which may extend to one lakh rupees.
(2) For the purpose of imposition of penalty under this Chapter, where the conservator is a body of persons, the authority for imposition of penalty shall mean, one person appointed from amongst such body of persons, in such manner as may be prescribed by the appropriate Government.
(3) The authority for imposing the penalty under the Second Schedule with regard to contraventions listed under section 19, section 20, sub-section (1) of section 22, section 23, sub-section (1) of section 26, sub-section (1) of section 32, section 39, sub-section (1) of section 40, section 41, section 43, sub-section (2) of section 47, section 49, sub-section (1) of section 52, section 57, section 65 shall be the conservator.
(4) The authority for imposing the penalty under the Second Schedule with regard to section 36, section 37, sub-section (1) of section 38, sub-section (2) of section 38, sub-section (3) of section 38, sub-section (1) of section 44, sub-section (2) of section 44, sub-section (1) of section 66, sub-section (4) of section 66, section 67, section 68, sub-section (1) of section 69 and sub-section (2) of section 69 shall be the concerned principal officer under the Merchant Shipping Act, 2025 (24 of 2025).
(5) Before imposing any penalty specified under the Second Schedule, the parties shall be given an opportunity of being heard.
(6) Every order of imposition of penalty under this section shall be in writing.
TABLE THE SECOND SCHEDULE [See section 54(3)] Penalty for certain contraventions
Sl. No. | Contravention | Section | Penalties
(1) | (2) | (3) | (4)
1. | If any port other than major port or port officer fails to comply with directions of the State Maritime Board under sub-section (3) of section 15. | 15(3) | In case of contravention by a port officer, penalty which may extend to ten thousand rupees and in addition, penalty not exceeding one thousand rupees for every day during which such default continues. In case of contravention by port, penalty which may extend to two lakh rupees and in addition, penalty not exceeding twenty thousand rupees for every day during which such default continues.
2. | If any person refuses or neglects to obey any direction of the conservator issued under section 19. | 19 | Penalty which may extend to twenty thousand rupees and in addition, penalty not exceeding five thousand rupees for every day during which such default continues.
3. | If any owner has without lawful excuse caused any obstruction or impediment under section 20. | 20 | Penalty which may extend to two lakh rupees and in addition, penalty not exceeding twenty thousand rupees for every day during which such default continues.
4. | If any master of a vessel or any other person lifts the buoys or moorings without assistance of the conservator in contravention of sub-section (1) of section 22. | 22(1) | Penalty which may extend to one lakh rupees.
5. | If the master of the vessel, or any person in possession or occupation of the building or place, without lawful excuse, refuses to allow the conservator or any person to board or enter such vessel, building or place in contravention of section 23. | 23 | Penalty which may extend to ten thousand rupees for the first contravention and in addition, penalty not exceeding ten thousand rupees for every day during which such default continues.
6. | If any person without lawful excuse, removes, destroys or damages any property in contravention of sub-section (1) of section 26. | 26(1) | Penalty which may extend to one lakh rupees and in addition, expenses for any loss, destruction or damage suffered by the port, including expenses of any inspection or survey carried out.
7. | If any owner or master of a vessel enters, leaves or moves in any port in contravention of sub-section (1) of section 32. | 32(1) | Penalty which may extend to two lakh rupees.
8. | If any port fails to provide adequate reception facilities in contravention of section 36. | 36 | Penalty which may extend to two lakh rupees.
9. | If any port fails to comply with directions of the Central Government under section 37. | 37 | Penalty which may extend to one lakh rupees and in addition, penalty which may extend to twenty thousand rupees for every day during which such default continues.
10. | If any port fails to prepare a port waste reception and handling plan in contravention of sub-section (1) of section 38. | 38(1) | Penalty which may extend to one lakh rupees.
11. | If any port fails to implement the approved port waste reception and handling plan in contravention of sub-section (2) of section 38. | 38(2) | Penalty which may extend to one lakh rupees.
12. | If any port fails to communicate any information to vessels in contravention of sub-section (3) of section 38. | 38(3) | Penalty which may extend to twenty thousand rupees.
13. | If any operator, agent or master of a vessel fails to submit an advance waste notice in contravention of section 39. | 39 | Penalty which may extend to twenty thousand rupees.
14. | If any master of a vessel fails to deliver all its vessel-generated waste to a reception facility in contravention of sub-section (1) of section 40. | 40(1) | Penalty which may extend to one lakh rupees.
15. | If the owner or master of any vessel fails to pay the charges payable or fails to comply with the conditions under section 41. | 41 | Penalty which may extend to twenty thousand rupees and in addition, penalty which may extend to two thousand rupees for every day during which such default continues.
16. | If any person fails to upload information on the portal in contravention of section 43. | 43 | Penalty which may extend to ten thousand rupees.
17. | If any port fails to report the particulars of any incident in contravention of sub-section (1) of section 44. | 44(1) | Penalty which may extend to one lakh rupees.
18. | If any port fails to comply with the directions issued by the Central Government under sub-section (2) of section 44. | 44(2) | Penalty which may extend to one lakh rupees and in addition, penalty which may extend to ten thousand rupees for every day during which such default continues.
19. | If the Authority or concessionaire or person or body of persons fails to publish the port tariff in contravention of sub-section (2) of section 47. | 47(2) | Penalty which may extend to fifty thousand rupees and in addition, penalty which may extend to five thousand rupees for every day during which such default continues.
20. | If any owner, agent or master of a vessel fails to report the arrival of a vessel in contravention of section 49. | 49 | Penalty which may extend to twenty thousand rupees.
21. | If any master of a vessel fails to pay any fees or other charges in contravention of sub-section (1) of section 52. | 52(1) | Penalty which may extend to twice the amount of fees or other charges due, subject to a minimum of twenty thousand rupees.
22. | If any person fails to furnish or furnishes information in contravention of section 57. | 57 | Penalty which may extend to two lakh rupees and in addition, penalty which may extend to two thousand rupees for every day during which such default continues.
23. | If the master of any vessel unlawfully hoists or fails to hoist any flag in contravention of section 65. | 65 | Penalty which may extend to twenty thousand rupees.
24. | If any port fails to prepare a safety, security, disaster management and pollution incident emergency preparedness and response plan in contravention of sub-section (1) of section 66. | 66(1) | Penalty which may extend to two lakh rupees.
25. | If any port fails to comply with the directions issued by the conservator in contravention of sub-section (4) of section 66. | 66(4) | Penalty which may extend to two lakh rupees.
26. | If any port fails to report particulars of any incident in contravention of section 67. | 67 | Penalty which may extend to one lakh rupees.
27. | If any port fails to provide shore based welfare services in contravention of section 68. | 68 | Penalty which may extend to twenty thousand rupees.
28. | If any port fails to comply with directions of the Central Government issued under sub-section (1) of section 69. | 69(1) | Penalty which may extend to fifty thousand rupees.
29. | If any port fails to develop or maintain a vessel traffic service in contravention of sub-section (2) of section 69. | 69(2) | Penalty which may extend to one lakh rupees.
Notes
1. Subs. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).
2. The Second Schedule subs. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).
2. The Second Schedule subs. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).