[Cites 0, Cited by 6]
[Entire Act]
Union of India - Section
Section 436 in The Merchant Shipping Act, 1958
436. Penalties .-
| Serial No. | Offences | Sections of this Act to which offence hasreference | Penalties | |
| 1. | If the owner or master of an Indian ship failsto 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 inthe 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) ofsection 35. | 35(2) | Fine which may extend to one thousand rupees. | |
| 4. | If the owner or master of an Indian shipcommits 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 tocomply 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 certificateof registry stated to have been mislaid, lost or destroyed or ifa person entitled to the certificate of registry obtains it atany time afterwards but fails to deliver the said certificate tothe 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 registrarthe certificate of registry as required by sub-section (2) orsubsection (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 withsub-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) ofsection 42. | 42(1) | Fine which may extend to one thousand rupees. | |
| 10. | If any person acts or suffers any person underhis control to act in contravention of section 55 or omits to door suffers any person under his control to omit to do anythingrequired under that section. | 55 | Fine which may extend to one thousand rupees,but nothing herein shall affect the power to detain the shipunder sub-section (4) of that section. | |
| 11. | If an owner fails to make an application forregistering anew a ship or for registering an alteration of aship under section 56. | 56 | Fine which may extend to one thousand rupees;and in addition, a fine which may extend to fifty rupees forevery day during which the offence continues after conviction. | |
| 12. | If any distinctive national colours exceptthose declared under sub-section 11) of section 63 are hoistedon board Indian ship. | 63(1) | The master, owner and even other personhoisting the colours shall be liable to fine which may extend tofive thousand rupees. | |
| 13. | If a person contravenes section 64 | 64 | Imprisonment which may extend to two years, orfine 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, orfine which may extend to five thousand rupees, or both. | |
| 15. | If default is made in complying with section66. | 66 | The master shall be liable to fine which mayextend to one thousand rupees. | |
| 16. | If any person in the case of any declarationmade in the presence of or produced to a registrar under Part Vor in any document or other evidence produced to such registrar- | General | Imprisonment which may extend to six months, orfine which may extend to one thousand rupees, or both. | |
| (a) wilfully makes or assists in making orprocures to be made, any false statement concerning the title toor ownership of or the interest existing in any ship or anyshare in a ship; or | ||||
| (b) utters, produces or makes use of anydeclaration or document containing any such false statementknowing 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 vesselto proceed to sea without the required certificated personnel. | General | Imprisonment which may extend to six months orfine which may extend to ten thousand rupees, or both. | ||
| (b) any person having been engaged as one ofthe officers referred to in S. 76 goes to sea as such officerwithout being duly certificated. | 76 | Imprisonment which may extend to six months orfine which may extend to five thousand rupees, or both. | ||
| (c) any master fails to submit the requiredcrew list or fails to report the changes made in the list beforecommencing the relevant voyage. | 84(i)(c) | Fine which may extend to five thousand rupeesand in addition, a fine which may extend to one thousand rupeesfor everyday during which the offence continues afterconviction.] | ||
| 18. | If a master or owner fails to comply with anyof the requirements of section 93. | 93 | Fine which may extend to two hundred rupees. | |
| 19. | If a master fails without reasonable cause tocomply 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 forevery seaman in respect of whom the offence is committed. | |
| 21. | If a person engages or carries any seaman tosea in contravention of sub-section (2) of section 98 or section99. | 98 (2), 99 | Fine which may extend to one hundred rupees forevery seaman in respect of whom to offence is committed. | |
| 22. | If a master carries any seaman to sea withoutentering into an agreement with him in accordance with this Act. | 100 | Fine which may extend to one hundred rupees forevery seaman in respect of whom the offence is committed. | |
| 23. | If a master enters into an agreement with anyseaman for a scale of provisions less than the scale fixed underclause (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, tocomply 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 contraventionof 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 mayextend to fifty rupees. | ||
| (b) is engaged to work in any capacity in aship in contravention of section 109[* * *] [Words ', section 110' omitted by Act No. 32 of 2014.]or section 111on a false representation by his parent or guardian that theyoung person is of an age at which such engagement is not incontravention of those sections. | The parent or guardian shall be liable to afine which may extend to fifty rupees. | |||
| 26. | If a master refuses or neglects to produce forinspection any certificate for physical fitness delivered to himunder 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 noagreement with the crew, fails to keep the register of youngpersons required to be kept under section 112 or refuses orneglects to produce such register for inspection when requiredso to do by a shipping master. | General | Fine which may extend two hundred rupees. | |
| 28. | If the master of a ship other than an Indianship engages a seaman in India otherwise than in accordance withsection 114. | 114 | Fine which may extend to one hundred rupees forevery seaman so engaged. | |
| 29. | If any owner, master or agent wilfully disobeysany 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 toin 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 ofsub-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 provisionsof sub-section (1) of section 119 oi without reasonable cause,fails to return the certificate of competency to the officerconcerned 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, orfine which may extend to five hundred rupees, or both. | |
| (a) forges or fraudulently alters anycertificate of discharge or a certificate as to the work of aseaman or a continuous discharge certificate or a copy of anysuch certificate; or | ||||
| (b) fraudulently uses any certificate ofdischarge or a certificate as to the work of a seaman or acontinuous discharge certificate or a copy of any suchcertificate which is forged or altered or does not belong tohim. | ||||
| 36. | If any person acts in contravention ofsub-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 complywith 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 purposeof sub-section (2) of section 122. | 122 (2) | |||
| 38. | If a master fails, without reasonable cause, tocomply with section 125. | 125 | Fine which may extend to fifty rupees. | |
| 39. | If a master or owner pays the wages of a seamanin 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) ofsection 135. | 135 (3) | Imprisonment which may extend to one month, orfine which may extend to one hundred rupees, or both, butnothing herein shall take away or limit any other remedy whichany person would otherwise have for breach of contract or refundof 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 theprovisions of section 138A | 138A | Fine which may extend to double the averagewages per hour payable to the seaman for working beyondforty-eight hours.] | |
| 43. | If any person commits a breach of any term ofany award which is binding on him under sub-section (5) ofsection 150. | General | Imprisonment which may extend to one month, orfine which may extend to one thousand rupees, or both. | |
| 44. | If a seaman or an owner contravenes section151. | 151 | Imprisonment which may extend to six months, orfine which may extend to one thousand rupees, or both. | |
| 45. | If a master fails to comply with the provisionsof this Act with respect to taking charge of the property of adeceased seaman or apprentice or to making in the officiallogbook the proper entries relating thereto or to the payment ordelivery of such property as required by sub-section (1) ofsection 154. | 154 (1) | Fine which may extend to three times the valueof the property not accounted for or if such value is notascertained to five hundred rupees but nothing herein shallaffect his liability under sub-section (1) of section 154 toaccount for the property not accounted for. | |
| 46. | If the master of an Indian ship fails orrefuses without reasonable cause to receive on board his ship orto give a passage or subsistence to, or to provide for, anyseaman contrary to sub-section (1) of section 163. | 163 (1) | Fine which may extend to one thousand rupees inrespect of each such seaman. | |
| 47. | (a) If a master fails to comply with, orcontravenes 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 shipunder sub-sechon (2) of section 168; | |
| (b) If a master or any other person havingcharge of any provisions or water on board a ship liable toinspection under section 168 refuses or fails to give the personmaking 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 aseaman in accordance with the agreement entered into by him andthe court considers the failure to be due to the neglect ordefault 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 undersub-section (1) of section 169. | |
| 49. | If a master fails without reasonable cause tocomply with section 171. | 171 | Fine which may extend to one hundred rupees. | |
| 50. | (a) If any requirement of section 172 is notcomplied with in the case of any ship; or | 172 | The owner shall be liable to fine which mayextend to two hundred rupees unless he can prove that thenon-compliance was not caused by his inattention, neglect orwilful default; | |
| (b) if obstruction is caused to the port healthofficer in the discharge of his duty. | The owner or master shall be liable to finewhich may extend to two hundred rupees unless he can prove thatthe obstruction was caused without his knowledge or connivance. | |||
| 51. | If any foreign-going ship referred to insub-section (1) of section 173 does not carry on board a dulyqualified medical officer. | 173(1) | The owner shall be liable for each voyage ofthe ship made without having on board a duly qualified medicalofficer a fine which may extend to two hundred rupees. | |
| 52. | If a master fails, without reasonable cause, tocomply 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 tosection 189. | 189 | Fine which may extend to two hundred rupees. | |
| 56. | If a master, seaman or apprentice contravenessection 190. | 190 | Imprisonment which may extend to two years orfine 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 partof the property he leaves on board and of the wages he has thenearned and also if the desertion takes place at any place not inIndia, to forfeit all or any part of the wages which he may earnin any other ship in which he may be employed until his nextreturn to India, and to satisfy any excess of wages paid by themaster or owner of the ship from which he deserts to anysubstitute engaged in his place at a higher rate of wages thanthe rate stipulated to be paid to him, and also to imprisonmentwhich 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 amountto desertion, be liable to forfeit out of his wages a sum notexceeding two days' pay and in addition for every twenty-fourhours of absence either a sum not exceeding six days' pay or anyexpenses properly incurred in hiring a substitute and also toimprisonment which may extend to two months. | ||
| 58. | If any person contravenes sub-section (3) ofsection 193. | 193(3) | Fine which may extend to two hundred rupees. | |
| 59. | If a seaman or apprentice is guilty of theoffence specified in- | 194 | ||
| (i) clause (a) of section 194; | Forfeiture out of his wages of a sum notexceeding one month's pay. | |||
| (ii) clause (b) of section 194; | forfeiture out of his wages of a sum notexceeding two days' pay; | |||
| (iii) clause (c) of section 194; | imprisonment which may extend to one month andalso for every twenty-four hours of continuance of suchdisobedience or neglect, forfeiture out of his wages of a sumnot exceeding six days pay or any expenses which may have beenproperly 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 tothe loss sustained and also imprisonment which may extend tothree months. | |||
| 60. | If any master fails to comply with section 197. | 197 | Imprisonment which may extend to one month, orfine which may extend to one hundred rupees, or both. | |
| 61. | If a seaman on or before being engaged wilfullyand fraudulently makes a false statement of the name of his lastship or alleged last ship or wilfully and fraudulently makes afalse statement of his own name. | General | Fine which may extend to fifty rupees. | |
| 62. | If a master or owner neglects or refuses to payover the fine under sub-section (1) of section 202. | 202 | Fine which may extend to six times the amountof 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 tosub-section (1) of section 205. | 205(1) | Imprisonment which may extend to one month, orfine which may extend to two hundred rupees, or both. | |
| 66. | (a) If any person wilfully disobeys theprohibition 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 neglectsto deposit any wages, money or other property or sum in themanner 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 thedocuments referred to in sub-section (1) of section 208 orsection 209 as provided therein. | 208 (1), 209 | Fine which may extend to five hundred rupees. | |
| 68. | If a master contravenes sub-section (1) ofsection 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 harbors or secretes any deserterknowing 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 notcomplied with; | 215(1) | The master shall be liable to fine, which mayextend to fifty rupees, if no other penalty is provided in thisAct; | |
| (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 orrenders illegible any entry in any official log book or wilfullymakes or procures to be made or assists in making a false orfraudulent 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, tocomply with section 216. | 216 | Fine which may extend to two hundred rupees. | |
| 74. | If a master or owner fails, without reasonablecause, to comply with section 217. | 217 | Fine which may extend to one hundred rupees. | |
| 75. | If an owner, agent or master without reasonablecause neglects to give the notice required by sub-section (1) ofsection 229. | 229 (1) | Fine which may extend to five hundred rupees. | |
| 76. | If an owner or master, without reasonablecause, 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 orkept affixed as required by section 231. | 231 | The owner or master shall be liable to finewhich may extend to two hundred rupees. | |
| 78. | If a ship carries or attempts to carrypassengers in contravention of sub-section (1) of section 220 orhas on board a number of passengers in contravention ofsub-section (1) of section 231. | 220(1), 232(1) | The owner, agent or master shall be liable tofine which may extend to one thousand rupees. | |
| 79. | (a) If a person is guilty of any offencespecified in sub-section (1) of section 233; | 233(1) | The person concerned shall be liable to finewhich may extend to fifty rupees; but this liability shall notprejudice the recovery of the fare, if any, payable by him; | |
| (b) If a person contravenes sub-section (2) ofsection 233. | 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 shipdeparts or proceeds on a voayage from or discharges[specialtrade 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 Indiain contravention of sub-section (1) of section 237, or if aperson 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 onboard any such ship in contravention of sub-section (2) of thatsection. | 237 (1) | The master, owner or agent shall be liable tofine which may extend to one thousand rupees. | |
| 81. | If the master, owner or agent of[a specialtrade 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 noticerequired 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 anyentry or inspection authorized by section 239. | 239 | Fine which may extend to five hundred rupees. | |
| 83. | If a master or owner fails to comply withsection 246. | 246 | Fine which may extend to two hundred rupees. | |
| 84. | If the master, owner or agent of[a specialtrade 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 ofthe certificates mentioned in Part VIII, fraudulently does orsuffers to be done anything whereby the certificate becomesinapplicable to the altered state of the ship, or[special tradepassengers] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrims or other matters to which thecertificate relates. | General | Imprisonment for a term which may extend to sixmonths, or fine which may extend to two thousand rupees, orboth. | |
| 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).]orpilgrim ship or any contractor employed by him for the purposecontravenes section 247. | 247 | Fine which may extend to thirty rupees forevery[special trade passenger] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrim, who has sustaineddetriment 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 shipcarries[special trade passengers] [Substituted for the words 'unberthed passengers' by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.]or pilgrims in contraventionof sub-section (1) section 248. | 248(1) | The master, owner or agent shall be liable tofine which may extend to two thousand rupees. | |
| 87. | If a master, owner or agent contravenes section249. | 249 | Fine which may extend to one thousand rupees. | |
| 88. | If an owner, agent or master contravenessection 252. | 252 | Fine which may extend to one thousand rupees. | |
| 89. | If the master, owner or agent fails to complywith 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 contravenessub-section (6) of section 255. | 255 (6) | Fine which may extend to two thousand rupees.] | |
| 90. | If medical officers or medical attendants arenot 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 bysub-section (1) or subsection (2) of section 259, as the casemay be; or if the ship is not provided with a hospital, medicalstores and equipment as required by sub-section (3) of thatsection. | 259 | The master, owner or agent shall be liable foreach voyage made in contravention of section 259 to fine whichmay 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 notcarried on a pilgrim ship in accordance with clause (a) orsub-section (4) of section 259; or | 259 (4) | (a) The master, owner or agent shall be liablefor each voyage made in contravention of clause (a) ofsub-section (4) of section 259 to fine which may extend to threehundred rupees; | |
| (b) If a medical officer or attendant on apilgrim ship contravenes clause (c) of sub-section (4) ofsection 259; | 259 (4) | (c) fine which may extend to two hundredrupees.] | ||
| 91. | If an owner, agent or master contravenessection 260. | 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 caseof a ship. | 291 | The master or owner shall be liable to finewhich may extend to one thousand rupees. | |
| 95. | If section 292 is not complied with in the caseof a ship. | 292 | The master or owner shall be liable to finewhich may extend to two hundred rupees. | |
| 96. | If any ship proceeds or attempts to proceed tosea in contravention of section 297. | 297 | The master or owner shall be liable to finewhich may extend to two hundred rupees. | |
| 97. | If any ship proceeds or attempts to proceed tosea 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 finewhich may extend to one thousand rupees. | |
| 98. | If any ship proceeds or attempts to proceed tosea in contravention of section 307. | 307 | The master or owner shall be liable to finewhich may extend to- | |
| (a) in the case of a passenger ship, to onehundred rupees for every passenger carried on board the ship butwithout prejudice to any other remedy or penalty under this Act;and | ||||
| (b) in the case of a ship other than apassenger 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 complywith section 309A. | 309A | Fine which may extend to five hundred rupees.] | |
| 99. | If any ship proceeds or attempts to proceed tosea in contravention of section 312. | 312 | The master or owner shall be liable to finewhich may extend to one thousand rupees. | |
| 100. | If any ship is loaded in contravention ofsection 313. | 313 | The master, or owner shall be liable to finewhich may extend to ten thousand rupees and to such additionalfine 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 orfraction of an inch by which the appropriate load lines on eachside of the ship are submerged or would have been submerged ifthe ship had been in salt waters and had no list, as the Courtthinks fit to impose, having regard to the extent to which theearning capacity of the ship is or would have been increased byreason of the submersion : | |
| Provided that it shall be a good defense forthe master or owner to prove that a contravention was due solelyto deviation or delay caused solely by stress of whether orother circumstance which neither the master nor the owner northe charterer, if any, could have prevented or fore-stalled. | ||||
| 101. | (a) If the owner or master of an Indian shipcontravenes 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 thecertificate 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 tosea 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 tocomply 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 complywith 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 anoffence 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 guiltyof an offence under sub-section (2) of section 332; or | 332 (2) | |||
| (c) if a master fails to deliver any noticerequired by sub-section (3) of section 332 or if in any suchnotice he makes any statement which he knows to be false in amaterial particular or recklessly makes a statement which isfalse in a material particular. | 332(3) | Fine which may extend to one thousand rupees. | ||
| 107. | If a ship is loaded in contravention ofsub-section (1) of section 333. | 333(1) | The master or owner shall be liable to finewhich may extend to ten thousand rupees and to an additionalfine not exceeding one thousand rupees for every inch orfraction of an inch by which the appropriate sub-division loadline on each side was submerged or would have been submerged ifthe ship had no list, as the Court thinks fit to impose, havingregard to the extent to which the earning capacity of the shipwas, or would have been, increased by reason of the submersion. | |
| 108. | If a person is guilty of an offence undersub-section (1) or if a master is guilty of an offence undersub-section (2) of section 334. | 334(1), 334(2). | Imprisonment which may extend to six months, orfine 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 attemptsto proceed to sea in contravention of sub-section (1) of section344C. | 344C | The master or owner shall be liable to finewhich may extend to ten thousand rupees. | |
| 108B. | If an Indian nuclear ship fails to comply withsub-section (1) of section 344D. | 344D | The master or owner of agent shall be liable toimprisonment which may extend to six months or fine which mayextend to ten thousand rupees or both. | |
| 108C. | If a nuclear ship other than an Indian shipenters the territorial waters of India in contravention ofsection 344E. | 344E | The master shall be liable to fine which mayextend to ten thousand rupees. | |
| 108D. | If the master of a nuclear ship fails to givethe 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 togive 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 orfine which may extend to ten thousand rupees or both | |
| (b) if the master of a nuclear ship fails tocomply with any directions issued under sub-section (3) orsub-section (5) of section 344G. | 344G(3) & (5) | Imprisonment which may extend to one year orfine which may extend to ten thousand rupees or both.] | ||
| 109. | If a master or person in charge of a shipfails, without reasonable cause to comply with section 348. | 348 | Imprisonment which may extend to three monthsor 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, withoutreasonable cause, to comply with section 350. | 350 | Fine which may extend to five hundred rupees. | |
| 112. | If the owner or agent fails, without reasonablecause, 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 withsub-section (1) or sub-section (2) of section 355; or | 355(1), 355(2) | Imprisonment which may extend to six months, orfine which may extend to one thousand rupees, or both. | |
| (b) If a master fails to comply withsub-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, orfine 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 incontravention of sub-section (1) of section 356C- | |||
| (i) where suchdischarge is made from an Indian tanker anywhere into the sea; | 356 C(1) | The master of the tanker shall be liable tofine which may extend to five lakh rupees. | ||
| (ii) where suchforeign tanker anywhere within the coastal waters of India. | 356 C(1) | The master of the tanker or, if the tanker isunmanned, the person in charge of its operation shall be liableto fine which may extend to five lakh rupees. | ||
| (b) If oil or oily mixture is discharged incontravention of sub-section (2) of section 356C. | 356 C(2) | The master, or if the ship is unmanned, theperson in charge of the operation shall be liable to fine whichmay extend to five lakh rupees. | ||
| (i) where suchdischarge is made by an Indian ship other than a tanker anywhereinto the Sea; | The master of the ship shall be liable to finewhich may extend to five lakh rupees. | |||
| (ii) where suchdischarge is made by a foreign ship other than a tanker anywherewithin the coastal waters of India. | ||||
| (c) If oil or oily mixture is discharged incontravention of sub-section (3) of section 356C. | 356C(3) | The master of the offshore installation if itbe a mobile craft or the owner, operator, lessee or licensee ofan offshore instalation of any other type shall be liable tofine which may extend to five lakh rupees. | ||
| 115C. | If an Indian ship is not fitted with equipmentprescribed under section 356E. | 356E | The owner, master or agent of Indian ship shallbe liable to fine which may extend to ten thousand rupees. | |
| 115D. | (i) If the master of an Indian tanker or othership fails to maintain an oil record book as required by section356F or contravenes any rule made under that section. | 356F | The master of the Indian tanker or other Indianship shall be liable to fine which may extend to five thousandrupees. | |
| (ii) If any person willfully destroys ormutilates or renders illegible or prevents the making of anyentry in the oil record book or makes or causes to be made afalse entry in such book in contravention of any rule made undersection 356F. | 356F | The offender shall be liable to penalty ofimprisonment which may extend to six months or fine which mayextend to ten thousand rupees or both. | ||
| 115E. | If master of any ship refuses to certify copyof any entry in the oil record book to be a true copy of suchentry as required under sub-section (2) of section 356G. | 356G(2) | The master of the ship shall be liable to finewhich may extend to one thousand rupees. | |
| 115F. | If any person fails to take action as requiredby a notice served on him under subsection (1) of section 356J. | 356J(1) | The offender shall be liable to penalty ofimprisonment which may extend to six months or fine which mayextend to ten lakh rupees or both. | |
| 115G. | If owner of any Indian ship, tug, barge or anyother equipment fails to comply with any order issued undersub-section (1) of section 356L. | 356L(1) | The offender shall be liable to penalty ofimprisonment which may extend to six months or fine which mayextend to one lakh rupees, or both and if the offence is acontinuing one the offender shall be liable to a further finewhich may extend to ten thousand rupees per day for every dayduring 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 tocomply 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 undersub-section (2) of section 358 tails to give such notice. | 358(2) | Fine which may extend to five hundred rupeesand in default of payment, simple imprisonment which may extendto three months. | |
| 117. | If a master or ship's officer fails to complywith section 378. | 378 | Fine which may extend to five hundred rupees. | |
| 118. | If any person willfully disobeys any directionof 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 orin any way hinders any person in the exercise of the right givenby section 393. | 393 | Fine which may extend to five hundred rupees. | |
| 120. | (a) If any person omits to give notice of thefinding of any wreck to the receiver of wreck as required byclause (a) section 395; or | 395(a) | Fine which may extend to one thousand rupees; | |
| (b) if any person omits to deliver any wreck asrequired by clause (b) of section 395. | 395(b) | Fine which may extend to one thousand rupeesand in addition forfeiture of all claims to salvage and paymentto the owner of such wreck if the same is claimed, or if thesame is unclaimed, to the Government, a penalty, not exceedingtwice the value of such wreck. | ||
| 121. | If any person contravenes any of the provisionsof section 400. | 400 | Fine which may extend to five hundred rupees. | |
| 122. | (a) If a ship is taken to sea in contraventionof sub-section (1) of section 406 or if a ship engages in thecoasting trade in contravention of sub-section (1) section 407;or | 406(1), 407(1) | The master or owner of the ship or in the caseof a ship other than an Indian ship the master, agent in Indiaof the owner or the charterer of the ship in respect of whichthe contravention has taken place shall be liable toimprisonment which may extend to six months, or fine which mayextend to one thousand rupees, or both. | |
| (b) if, without reasonable excuse, anylimitation or condition contained in a license granted undersection 406 or section 407 is contravened. | 406, 407 | |||
| 123. | If a person to whom a license under section 406or section 407 has been granted fails to comply with section409. | 409 | Fine which may extend to one hundred rupees. | |
| 124. | (a) If any directions given under section 411are not complied with; or | 411 | The owner, master or agent shall be liable toimprisonment for a term which may extend to six months, or tofine which may extend to one thousand rupees, or both. | |
| (b) if the provisions of sub-section (3) ofsection 412 are contravened. | 412(3) | “ ““ “ | “ ““ “ | |
| 125. | If the owner, master or agent on whom a noticehas been served under section 413 fails to furnish theinformation required within the time specified or furnishing theinformation makes any statement which he knows to be false onany material particular. | 413 | Imprisonment which may extend to six months, orfine which may extend to five hundred rupees, or both. | |
| 126. | If a selling vessel required to be registeredunder section 417 is not registered in accordance with theprovisions of that section. | 417 | The owner or tindal shall be liable to finewhich may extend to five hundred rupees. Fine which may extendto two hundred rupees. | |
| 127. | If the owner fails to comply with section 418. | 418 | The owner or tindal shall be liable to finewhich may extend to two hundred rupees. | |
| 128. | If the provisions of section 419 arecontravened. | 419 | The owner or tindal shall be liable toimprisonment which may extend to six months, or to fine whichmay extend to five hundred rupees, or both. | |
| 129. | If any sailing vessel attempts to ply orproceed to sea without free board markings or is so loaded as tosubmerge such markings, or plies or proceeds to sea without acertificate of inspection as required by sub-section (1) ofsection 421, or if any of the terms and conditions specified insuch 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 andin addition a fine which may extend to twenty rupees for everyday 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 provisionsof 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 anyof the provisions of section 429. | 429 | Fine which may extend to two hundred rupees. | |
| 135. | If the owner or tindal fails to comply withsub-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 thecoasting trade in contravention of sub-section (1) of section431; or | 431(1) | The owner, tindal or agent shall be liable toimprisonment which may extend to six months, or fine which mayextend to five hundred rupees, or both. | |
| (b) if any of the terms and conditions imposedunder 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 undersub-section (1) of section 432. | 432(1) | Imprisonment which may extend to six months, orfine 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 orfine 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 beregistered under section 435C is not registered in accordancewith the provisions of that section. | 435C | The owner shall be liable to fine which mayextend to one thousand rupees. | |
| 137B. | If the owner of an Indian fishing boat fails tocomply with the provisions of section 435H. | 435H | The owner shall be liable to fine which mayextend to two hundred rupees. | |
| 137C. | If the provisions of section 435I arecontravened. | 435I | The owner shall be liable to fine which mayextend to two hundred rupees. | |
| 137D. | If the provisions of section 435J arecontravened. | 435J | The owner, skipper, tindal or any other personin charge of the Indian fishing boat shall be liable to finewhich may extend to one thousand rupees and in addition to finewhich may extend to fifty rupees of every day during which theoffence continues after conviction. | |
| 137E. | If the provision of section 435K arecontravened. | 435K | The owner, skipper, tindal or any other personin charge of the Indian fishing boat shall be liable to finewhich may extend to one thousand rupees and in addition to finewhich may extend to fifty rupees for every day during which theoffence continues after conviction. | |
| 137F. | If the provisions of section 435M arecontravened. | 435M | The owner shall be liable to fine which mayextend to one thousand rupees and in addition to fine which mayextend to fifty rupees for every day during which the offencecontinues after conviction. | |
| 137G. | If the provisions of section 435N arecontravened. | 435N | The owner shall be liable to fine which mayextend to two hundred rupees and in addition to fine which mayextend to twenty rupees for every day dining which the offencecontinues after conviction. | |
| 137H. | If the provisions of section 435P arecontravened. | 435P | The owner shall be liable to fine which mayextend to two hundred rupees. | |
| 137I. | If any person contravenes the provisions ofsection 435Q. | 435Q | The offender shall be liable to fine which mayextend to five hundred rupees. | |
| 137J. | If any person contravenes the provisions ofsection 435S. | 435S | The offender shall be liable to imprisonmentwhich may extend to three months or fine which may extend to twohundred rupees or both. | |
| 137K. | If provisions of section 435T are contravened. | 435T | The owner, skipper, tindal or any other personin charge of the Indian fishing boat shall be liable to finewhich may extend to two hundred rupees.] | |
| 138. | (a) If the master is guilty of an offence undersub-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 ofan offence under sub-section (3) of section 444. | 444(3) | |||
| 139. | If any person exercises the profession of aship surveyor in contravention of section 450; | 450 | Fine which may extend to one thousand rupees. | |
| 140. | If any person does any act in contravention ofsub-section (2) of section 454 in respect of which no otherpenalty is provided. | 454(2) | Fine which may extend to two hundred rupees. | |
| 141. | If any person is guilty of an offence undersub-section (2) of section 456. | 456(2) | Fine which may extend to five hundred rupees. |