Section 436:
Penalties.
(1)Any person who contravenes any provision of this Act or fails to comply
with any provision thereof which it was his duty to comply with, shall be guilty of an offence and if in
respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable
with fine which may extend to two hundred rupees.
(2) The offences mentioned in the second column of the following table shall be punishable to
the extent mentioned in the fourth column of the same with reference to such offences respectively.
Serial No. Offences Section of
this Act to
which
offence has
reference
Penalties
1 2 3 4
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 willfully makes a false statement in the builder's
certificate referred to in section 30.
30 Fine which may extend to
one thousand rupees.
1 2 3 4
3. If a person contravenes sub-section (2) of section 35. 35(2) Fine which may extend to
one thousand rupees.
4. If the owner or master of an Indian ship commits an offence
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 sub-section (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 section 42. 42(1) Fine which may extend to
one thousand rupees.
10. If any person acts or suffers any person under his control to act
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 (1) of section 63 are hoisted on board any Indian
ship.
63(1) The master, owner and every
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
(a) willfully 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.
1 2 3 4
302
17 If
(a) any person causes a ship or fishing vessel to proceed to sea
without the required certificated personnel.
(b) any person having been engaged as one of the officers
referred to in section 76 goes to sea a such officer without
being duly certificated.
(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.
General
76
84(1)(c)
Imprisonment which may
extend to six months or fine
which may extend to ten
thousand rupees, or both.
Imprisonment which may
extend to six months or fine
which may extend to five
thousand rupees, or both.
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
the 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
or section 111; or
(b) is engaged to work in any capacity in a ship in
contravention of section 109 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.
109,
111
The master shall be liable to
a fine which may extend to
fifty rupees;
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 of 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.
1 2 3 4
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 section
114.
114 Fine which may extend to
one hundred rupees for every
seaman so engaged.
29. If any owner, master or agent willfully 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 obstructs 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 or, 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
(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.
General Imprisonment which may
extend to six months, or fine
which may extend to five
hundred rupees, or both.
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 sub-section (3) of section 122; or
(b) delivers a false statement for the purpose of sub-section (2)
of section 122.
122(1),
122(3).
122 (2)
Fine which may extend to two
hundred rupees.
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 sub-section (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 section 135. 135(3) Imprisonment which may
extend to one month, or fine
which may extend to one
hundred rupees, or both, but
nothing herein shall take away
or limit any other remedy
which any person would
otherwise have for breach of
contract or refund of the
money advanced or otherwise.
1 2 3 4
303
42A. 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 fortyeight
hours.
43. If any person commits a breach of any term of any award
which is binding on him under sub-section (5) of section 150
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 log book the proper
entries relating thereto or to the payment or delivery of such
property as required by sub-section (1) of section 154.
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 sub-section (3) 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 (3)
168 (6)
Fine which may extend to two
hundred rupees, but nothing
herein shall affect the power
to detain the ship under
sub-section (2) of section 168;
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
(b) if obstruction is caused to the port health officer in the
discharge of his duty.
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;
The owner or master shall be
liable to fine which may
extend to two hundred rupees
unless he can prove that the
obstruction was caused
without his knowledge or
connivance.
1 2 3 4
51. If any foreign-going ship referred to in sub-section (1) of
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
duty qualified medical officer,
a fine which may extend to
two hundred rupees.
52. If a muster 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 section 189. 189 Fine which may extend to two
hundred rupees.
56. If a master, seaman or apprentice contravenes section 190. 190 Imprisonment which may
extend to two years or fine
which may extend to one
thousand rupees, or both.
57. If a seaman or apprentice
(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 (l) of section 191. 191 (1) (b) he shall, if the contravention
does not amount to desertion,
be liable to forfeit out of his
wages a sum not exceeding
two days pay and in addition
for every twenty-four hours of
absence either a sum not
exceeding six days pay or
any expenses properly
incurred in hiring a substitute
and also to imprisonment
which may extend to two
months
58. If any person contravenes sub-section (3) of section 193. 193 (3) Fine which may extend to two
hundred rupees.
1 2 3 4
59. If a seaman or apprentice is guilty of the offence specified
in
(i) clause (a) of section 194;
(ii) clause (b) of section 194;
(iii) clause (c) of section 194;
194
Forfeiture out of his wages of
a sum not exceeding one
months pay.
forfeiture out of his wages of
a sum not exceeding two
days pay;
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 willfully disobeys the prohibition obtained in
clause (a) of section 206;
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 extent to five
hundred rupees.
1 2 3 4
68. If a master contravenes sub-section (1) of section 210. 210(1) Imprisonment which may
extend to three months, or fine
which may extend to one
thousand rupees, or both.
69. If any person harbours or secretes any deserter knowing or
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;
(b) If any person contravenes sub-section (2) of section 215.
215(1)
215(2)
The master shall be liable to
fine, which may extend to
fifty rupees, if no other
penalty is provided in this
Act;
Fine which may extend to
three hundred rupees.
72. If any person willfully 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 section 229.
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;
(b) If a person contravenes sub-section (2) of section 233.
233(1)
233(2)
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;
Fine which may extend to
three hundred rupees.
80. If
304
a special trade passenger or pilgrim. ship departs or
proceeds on a voyage from or discharges 305
special trade
passengers or pilgrims at any port or place within India in
contravention of sub-section (1) of section 237, or if a person
is received as 304
a special trade passenger or pilgrim on board
any such ship in contravention of sub-section (2) of that
section.
237(1),
237(2)
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 306
a special trade passenger 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.
1 2 3 4
82. If a person impedes or refuses to allow any 239 entry or
inspection authorised by sub-section 239.
239 Fine which may extend to five
hundred rupees.
83. If a master or owner fails to comply with section 246. 246 Fine which may extend to two
hundred rupees.
84. If the master, owner or agent of 307
a special trade passenger 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 308
special trade passengers 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 307
a special trade passenger 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
309
special trade passenger or
pilgrim, who has sustained
detriment by the omission to
supply the prescribed
provisions.
86. If 307
a special trade passenger or pilgrim ship carries 308
special
trade passengers 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 section 252. 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
310
89A. 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 307
a
special trade passenger ship as required by 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.
259 The master, owner or agent
shall be liable for each voyage
made in contravention of
section 259 to fine winch may
extend to five hundred rupees.
310
90A. (a) If medical officers and attendants are not carried on a
pilgrim ship in accordance with clause (a) of
sub-section (4) 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 or a pilgrim ship
contravenes clause (c) of sub-section (4) of section 259.
259(4)(c) fine which may extend to two
hundred rupees.
1 2 3 4
91. If an owner, agent or master contravenes section 260. 260 Fine which may extend to one
thousand rupees.
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 section
298.
298 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.
311
98A. 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 section 313. 313 The master or owner shall be
liable to fine which may
extend to ten thousand rupees
and to such additional fine not
exceeding 312
five thousand
rupees for every inch or
fraction of an inch by which
the appropriate load lines on
each side of the ship are
submerged or would have
been submerged if the ship
had been in salt waters and
had no list, as the Court thinks
fit to impose, having regard to
the extent to which the
earning capacity of the ship is
or would have been increased
by reason of the submersion:
1 2 3 4
Provided that it shall be
a good deference for the
master or owner to prove that
a contravention was due
solely to deviation or delay
caused solely by stress of
whether or other circumstance
which neither the master nor
the owner nor the charterer, if
any, could have prevented or
forestalled.
101. (a) If the owner or master of an Indian ship contravenes
sub-section (1) of section 314; or
(b) If any person contravenes sub-section (2) of section 314.
314(1)
314(2)
Fine which may extend to one
thousand rupees;
102. If a master or owner fails to deliver the certificate as required
under sub-section 313
(8) of section 317.
317 313
(8) 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
(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)(a)
319(1)(b)
319(2)
Fine which may extend to two
hundred rupees.
105. If a master fails to comply with sub-section (1) of section 320. 320(1) Fine which may extend to one
hundred rupees.
314
105A.
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
(b) If the owner or master of a ship is guilty of an offence
under sub-section (2) of section 332; or
(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(1)
332(2)
332(3)
Fine which may extend to
three thousand rupees.
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.
1 2 3 4
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.
315
108A. 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 or 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
sub-section (5) of section 344G;
344G(1), (2)
and (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) and
(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.
315
115A. If a master fails to comply with section 355A. 355A Imprisonment which may extend
to six months, or fine which may
extend to one thousand rupees,
or both.
1 2 3 4
316
115B. (a) If oil or oily mixture is discharged in contravention of
sub-section (1) of section 356C
(i) where such discharge is made from an Indian tanker
anywhere into the sea;
356C(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.
356C(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
(i) where such discharge is made by an Indian ship other
than a tanker anywhere into the Sea
356C(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.
(ii) where such discharge is made by a foreign ship oilier
than a tanker anywhere within the coastal waters of
India.
356C(2) The master of the ship shall be
liable to fine which may extend
to five lakh rupees.
(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
licence of an offshore insulation
of any other type shall be liable
to fine which may extend to five
lakh rupees.
115C. If an Indian ship is not fitted with equipment prescribed
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 wilfully 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 sub-section (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.
1 2 3 4
115G. If owner of any Indian ship, tug, barge or any other
equipment fails to comply with any order issued under
sub-section (l) 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.
317
115H. If the owner of an Indian ship fails to comply with
section 356R
356R Fine which may extend to fifteen
lakh rupees.
115-I. 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 fails 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 ships officer fails to comply with section
378.
378 Fine which may extend to five
hundred rupees.
118. If any person wilfully 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 rights 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) of 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.
1 2 3 4
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)
of section 407; or
(b) if, without reasonable excuse, any limitation or
condition contained in a licence granted under section
406 or section 407 is contravened.
406(1),
407(1)
406, 407
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.
123. If a person to whom a licence 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
(b) if the provisions of sub-section (3) of section 412 are
contravened.
411
412(3)
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.
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.
127. If the owner fails to comply with section 418. 418 Fine which may extend to two
hundred rupees.
128. If the provisions of section 419 are contravened. 419 The owner or tindal shall be
liable to fine which may extend
to two hundred rupees.
129. If any sailing vessel attempts to ply or proceed to sea
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
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.
130. If the owner fails to comply with section 423. 423 Fine which may extend to two
hundred rupees and in addition a
fine which may extend to twenty
rupees for every day during
which the offence continues after
conviction.
131. If the owner fails to comply with section 425. 425 Fine which may extend to two
hundred rupees.
132. If any person contravenes section 426. 426 Fine which may extend to five
hundred rupees.
1 2 3 4
133. If any person contravenes any of the provisions of
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
(b) if any of the terms and conditions imposed under
sub-section (2) of section 431 are contravened
431(1)
431(2)
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.
318
136A. 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.
319
137. If the owner fails to comply with sub-section (1) of
section 434-A
434A(1) Imprisonment which may extend
to six months or fine which may
extend to five thousand rupees,
or both.
320
137A. 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 435-H.
435H The owner shall be liable to fine
which may extend to two
hundred rupees.
137C. If the provisions of section 435-1 are contravened. 435-I The owner shall be liable to fine
which may extend to two
hundred rupees.
137D. If the provisions of section 435J are contravened. 435J The owner, skipper, tindal or any
other person in charge of the
Indian fishing boat shall be liable
to fine which may extend to one
thousand rupees and in addition
to fine which may extend to fifty
rupees for every day during
which the offence continues after
conviction.
137E. If the provisions of section 435K are contravened. 435K The owner, skipper, tindal or any
other person in charge of the
Indian fishing boat shall be liable
to fine which may extend to one
thousand rupees and in addition
to fine which may extend to fifty
rupees for every day during
which the offence continues after
conviction.
137F. If the provisions of section 435M are contravened. 435M The owner shall be liable to fine
which may extend to one
thousand rupees and in addition
to fine which may extend to fifty
rupees for every day during
which the offence continues after
conviction.1 2 3 4
137G. If the provisions of section 435N are contravened. 435N The owner shall he liable to fine
which may extend to two
hundred rupees and in addition
to fine which may extend to
twenty rupees for every day
during which the offence
continues after conviction.
137H. If the provisions of section 435P are contravened. 435P The owner shall be liable to fine
which may extend to two
hundred rupees.
137-I. If any person contravenes the provisions of section
435Q.
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 the provisions of section 435T are contravened. 435T The owner, skipper, tindal or
any other person in charge of the
Indian fishing boat shall be
liable to fine which may extend
to two hundred rupees.
138. (a) If the master is guilty of an offence under
sub-section (2) of section 444; or
(b) if the owner, master or agent is guilty of an offence
under sub-section (3) of section 444.
444(2)
444(3)
Fine which may extend to one
thousand rupees.
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.
Notes:
302 Subs. by Act 13 of 1987, s. 9 (w.e.f. 1-7-1989).
303 Ins. by Act 9 of 1998, s. 6 (w.e.f. 26-9-1997).
304 Subs. by Act 69 of 1976, s. 2, for an unberthed passenger ship (w.e.f. 1-12-1976).
305 Subs. by s. 2, ibid., for unberthed passengers (w.e.f. 1-12-1976).
306 Subs. by s. 2, ibid., for an unberthed passenger (w.e.f. 1-12-1976).
307 Subs. by Act 69 of 1976, s. 2, for an unberthed passengers (w.e.f. 1-12-1976).
308 Subs. by s. 2, ibid., for unberthed passengers (w.e.f. 1-12-1976).
309 Subs. by s. 2, ibid., for unberthed passenger (w.e.f. 1-12-1976).
310 Ins. by s. 25, ibid. (w.e.f. 1-12-1976).
311 Ins. by s. 35, ibid. (w.e.f. 28-5-1966).
312 Subs. by Act 12 of 1983, s. 16, for one thousand rupees (w.e.f. 18-5-1983).
313 Subs. by Act 25 of 1970, s. 18, for (5) (w.e.f.19-12-1970).
314 Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966).
315 Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966).
316 Subs. by Act 12 of 1983, s. 16, for Serial Numbers 115B, 115C and 115D and the entires relating thereto
(w.e.f. 18-5-1983).
317 Ins. by Act 31 of 2014, s. 3 (w.e.f. 1-4-2015).
318Serial No. 137 renumbered as serial No. 136A by Act 41 of 1984, s. 22 (w.e.f. 15-7-1985).
319 Ins. by s. 22, ibid. (w.e.f. 15-7-1985).
320 Ins. by Act 12 of 1983, s. 16 (w.e.f. 15-7-1985).