Act Number: 17

Act Name: The Offshore Areas Mineral (Development and Regulation) Act, 2002

Year: 2003

Enactment Date: 2003-01-30

Long Title: An Act to provide for development and regulation of mineral resources in the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India and to provide for matters connected therewith or incidental thereto.

Ministry: Ministry of Mines

Department:

Section 23: Offences.
    (1) 1[(a) whoever undertakes any reconnaissance operation, or exploration operation, or production operation in an offshore area without a reconnaissance permit, or a composite licence, or an exploration licence, or a production lease, as the case may be, shall be punishable with imprisonment for a term which may extend to five years, or with fine of five lakh rupees, which may extend to ten lakh rupees, or with both;
         (b) any permittee or licensee or lessee, who fails to furnish the required data, or information, or document under sub-section (2) of section 5 in the manner provided therein, shall be punishable with imprisonment which may extend to three years, or with fine of five lakh rupees, which may extend to ten lakh rupees, or with both.
    Explanation.--For the purposes of clauses (a) and (b), the amount of fine provided shall be in respect of each standard block of such part of the offshore area where such reconnaissance operation, or exploration operation, or production operation is undertaken.]
         (c) Any vessel, together with its gear, boats, stores and cargo, used or employed in violation of section 5, along with any mineral recovered or processed in violation of that section, if any, shall be confiscated.
     (d) Whoever ships, transports, offers for sale, sells, purchases, imports, exports, or has custody, control or possession of, any mineral recovered, processed or retained in violation of this Act or any rule made thereunder shall be 2[punishable] with imprisonment which may extend to three years, or with fine which may extend to three years, or 3[with fine of twenty-five lakh rupees, which may extend to fifty lakh rupees], or with both.
     (2) Whoever--
     (a) intentionally obstructs any authorised officer referred to in section 22 in the exercise of any powers conferred under this Act; or
     (b) fails to afford reasonable facilities to the authorised officer referred to in section 22 or his assistant to board the vessel or enter the mine or to provide for adequate security to such officer or assistant at the time of entry into the vessel or mine or when they are on board such vessel or mine; or
     (c) fails to stop the vessel or mine or to produce the licence, permit, log book or any other document, as the case may be, on board such vessel, or mine, when required to do so by the authorised officer referred to in section 22; or
     (d) interferes with, delays, or prevents, by any means, the lawful apprehension of any person under this Act,
     shall be 4[punishable with imprisonment which may extend to five years, or with fine of two lakh rupees, which may extend to five lakh rupees], or with both.
     5[(2A) Whoever, having been convicted of an offence under sub-section (1) or sub-section (2), is again convicted of an offence under that sub-section, shall, in addition to the punishment provided therefor, be punishable with additional fine which may extend to one lakh rupees for each day during which he continues to commit that offence.]
     (3) Whoever contravenes any other provision of this Act 6***, other than those specified in subsections (1) and (2) shall be 7[punishable] with imprisonment for a term which may extend to five years, or 8[with fine of fifty lakh rupees, which may extend to one crore rupees], or with both, and in the case of continuing contravention, with an additional fine which may extend to five lakh rupees for every day during which such contravention continues.
     5[(4) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to five years or with fine of fifty lakh rupees, which may extend to one crore rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to five lakh rupees for every day during which such contravention continues after conviction for the first such contravention.]
Notes:
1. Subs. by Act 17 of 2023, s. 18, for clauses (a) and (b) (w.e.f. 17-8-2023).
2. Subs. by s. 18, ibid., for "punished" (w.e.f. 17-8-2023).
3. Subs. by s. 18, ibid., for "with fine which may extend to fifty lakh rupees" (w.e.f. 17-8-2023).
4. Subs. by s. 18, ibid., for "punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees" (w.e.f. 17-8-2023).
5. Ins. by s. 18, ibid. (w.e.f. 17-8-2023).
6. The words "or the rules made thereunder" omitted by s. 18, ibid. (w.e.f. 17-8-2023).
7. Subs. by s. 18, ibid., for "punished" (w.e.f. 17-8-2023).
8. Subs. by s. 18, ibid., for "with fine which may extend to one crore rupees " (w.e.f. 17-8-2023).

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