55. Penalty for making voyage without certificate of survey.—(1) If any inland 1
[mechanically
propelled vessel] proceeds on a voyage in contravention of sections 3 2
[or section 19A], the owner and the
master of the 1
[mechanically propelled vessel] shall each be punishable with fine, Which may extend to
one thousand rupees.
(2) If the master or any other officer on board an inland l
[mechanically propelled vessel] which
proceeds on a voyage in contravention of section 3 2
[or section 19A] is a licensed pilot, he shall be liable
to have his licence as a pilot suspended or cancelled, for any period-, by the State Government.
56. Penalty for neglect to affix certificate of survey in inland mechanically propelled. vessel.—If
the certificate of survey is not kept affixed in an inland 1
[mechanically propelled vessel] as required by
section. 10, 3
[or if the registration mark is not displayed as required by section 19H], the owner and the
1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978).
2. Ins. by Act 26 of 1951, s. 4.
3. Ins. by s. 5, ibid.
31
master of the 1
[mechanically propelled vessel] shall each be punishable with fine which may extend to
one hundred rupees.
2
[57. Penalty for neglect or refusal to deliver up or surrender certificates of survey or
registration.—If the owner or master of an inland 1[mechanically propelled vessel] without reasonable
cause neglects or refuses—
(a) to deliver up a certificate of survey when required under section 14 so to do; or
(b) to ,deliver up a certificate of registration when required under section 19N so to do; or
(c) to surrender a certificate of registration as required by section 190;
he shall be punishable with fine, which may extend to one hundred rupees.]
58. Penalty for carrying excessive number of passengers on hoard.—If an inland 1[mechanically
propelled vessel] has on board or in any part thereof a number of passengers which is greater than the
number set forth in the certificate of survey as the number of passengers which the vessel or the part
thereof is, in the judgement of the surveyor, fit to carry, the owner and the master shall each be
punishable with fine which may extend to 3[one hundred rupees] for every passenger over and above that
number.
4
[58A. Penalty for carrying excessive quantity of cargo on board.—If an inland mechanically
propelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in the
certificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of the
surveyor, fit to carry, the owner and the master shall, each, in addition to the penalty to which he may be
liable under the provisions of section 58, be punishable with fine which may extend—
(a) in the case of first offence, to five hundred rupees;
(b) in the case of any second or subsequent offence, to one thousand rupees.]
59. Penalty for serving, or engaging a person to serve, as master or engineer, without
certificate.—If any person—
(a) proceeds on any voyage in an inland 1
[mechanically propelled vessel] as the
master or engineer of such vessel without being at the time entitled to, and possessed of,
a master‟s or serang‟s or an engineer‟s or engine-driver‟s certificate 5
[or a master‟s or
engine-driver‟s licence] as the case may be, as required under this Act, or
(b) employs as the master or engineer of an inland 1
[mechanically propelled vessel] any
person without ascertaining that he is at the time entitled to, and possessed of, such
certificate 2
[or licence],
he shall be punishable with fine which may extend to five hundred rupees.
60. Penalty for master failing to give notice of wreck or casualty.—If any master
wilfully fails to give notice, as required by section 32, of any wreck, abandonment, damage,
casualty, or loss, he shall be punishable with fine which may extend to five hundred rupees,
and, in default of payment of such fine, with simple imprisonment for a term which may
extend to three months.
61. Penalty for failing to deliver up suspended or cancelled certificate.—If any person,
whose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as
1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978).
2. Subs. by s. 6, ibid., for section 57.
3. Subs. by Act 35 of 1977, s. 27, for “ten rupees” (w.e.f. 1 -5-1978).
4. Ins. by s. 28, ibid. (w.e.f. 1-5-1978).
5. Ins. by Act 6 of 1920, s. 10.
32
required by section 46, he shall be punishable with fine, which may extend to five hundred
rupees.
62. Penalty for taking or delivering or tendering for carriage dangerous goods on
board inland mechanically propelled vessel without notice.—If any person, in contravention
of section 50, takes with him on board any inland 1
[mechanically propelled vessel] any
dangerous goods, or delivers or tenders any such goods for carriage on any inland
1
[mechanically propelled vessel], he shall be punishable with fine which may extend to two
hundred rupees, and the goods shall be forfeited to Government.
2
[62A. Punishment for offences relating to accident.—If the master or the driver or
other person in charge of the inland mechanically propelled vessel fails to report an accident
in which his vessel is involved as required under Chapter VIA, he shall be punishable with
imprisonment for a term which may extend to three months, or with fine which may extend to
five hundred rupees, or with both, or, if having been previously convicted of an offence
under this section, he is again convicted of an offence under this section, with imprisonment
for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
62B. Penalty for using uninsured mechanically propelled vessel.—If any person uses a
mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used
without a policy of insurance complying with the requirements of Chapter VIA, he shall be
punishable with fine which may extend to one thousand rupees.
62C. Penalty for neglect or refusal to give information as to insurance or to produce
certificate of insurance.—If any person without reasonable cause neglects or refuses to give
information as to insurance or to produce the certificate of insurance under the provisions
contained in Chapter VIA, he shall be punishable with fine which may extend to one hundred
rupees.]
3
[62D. Punishment for offences relating to pollution.—Whoever contravenes any provision
of Chapter VIAB or of any rule made thereunder, shall be punishable with imprisonment which
may extend to one year, or with fine which may extend to fifty thousand rupees, or with both.]
62E. Offences by companies.—(1) Where an offence under Chapter VIAB has been committed by a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as the company shall
be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under Chapter VIAB has
been committed by a company, and it is proved that the offence was committed with the consent or
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation—For the purposes of this section,
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.]
1. Subs. by Act 35 of 1977, s. 5, for “steam-vesse1” (1-5-1978).
2. Ins. by s. 29, ibid. (w.e.f. 1-5-1978).
3. Ins. by Act 35 of 2007, s. 13 (w.e.f. 21-2-2008).
33
63. Penalty for misconduct or neglect endangering inland mechanically propelled vessel or
life or limb.—If any person employed or engaged in any capacity on board an inland
1
[mechanically propelled vessel], „by wilful breach or by neglect of duty, or by reason of
drunkenness—
(a) does any act tending immediately to wreck, destroy or materially damage the vessel,
or to endanger the life or limb of any person on board, or belonging to the vessel, or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for
preserving the vessel from immediate wreck, destruction or material damage, or for
preserving any such person from immediate danger to life or limb,
he shall be punishable with fine which may extend to one thousand rupees, or with
imprisonment for a term which may extend to two years, or with both.
2
[63A. Desertion and absence without leave.—If any person employed or engaged in any capacity
on board a mechanically propelled vessel commits any of the following offences, he shall be liable to be
punished summarily as follows:—
(a) if he deserts from his mechanically „propelled vessel, he shall be guilty of the offence
of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel
and of wages he has then earned and also to imprisonment which may extend to three months;
(b) if he neglects or refuses, without reasonable cause, to join him mechanically
propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any
time within twenty-four hours of the vessel sailing from a port or ghat either at the
commencement or during the progress of a voyage or is absent at any time without leave and
without sufficient reason from his vessel or from his duty. he shall, if offence does not
amount to desertion or is not treated as such by the master, be guilty of the offence of
absence without leave and 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.
63B. General offences against discipline.—If any person employed or engaged in any
capacity on board a mechanically propelled vessel commits any of the following offences, he
shall be guilty of an offence against discipline and he shall be liable to be punished summarily as
follows:—
(a) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat
or port or ghat of delivery, he shall be liable to forfeit out of his wages a sum not exceeding one
month‟s pay;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, he
shall be liable to forfeit out of his wages a sum not exceeding two da ys‟ pay;
(c) if he is guilty of continued wilful disobedience to lawful command or continued wilful
neglect of duty, he shall be liable to imprisonment which may extend to one month and also
to forfeit over every twenty-four hours continuance of disobedience or neglect either a sum
not exceeding six days‟ pay or any expenses properly incurred in hiring a substitute;
(d) if he assaults the master or any other officer of the vessel, he shall be liable to
imprisonment for a term which may extend to three months or with fine which may extend to five
hundred rupees, or with both;
(e) if he combines with any of the officers to disobey to lawful commands or to neglect duty or to
impede the navigation of the vessel or retard the progress of the voyage, he shall be liable to
imprisonment for a term which may extend to three months or with fine which may extend to five
hundred rupees, or with both;
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
2. Ins. by s. 30, ibid. (w.e.f. 1-5-1978).
34
(f) if he wilfully damages his mechanically propelled vessel or commits criminal
misappropriation or breach of trust in respect of or wilful damages to any of her stores or
cargo, he shall be liable to forfeit out of his wages a sum equal to the loss sustained and
also imprisonment which may extend to three months.
63C. Entry of offence in official log-book.—If any offence within the meaning of this Act
of desertion or absence without leave or against discipline is committed or if any act of
misconduct is committed for which the offender‟s agreement imposes fine and it is intended to
enforce the fine,—
(a) an entry of the offence or acts shall be made in the official log-book and signed by the
master and one of the persons employed or engaged in any capacity on board of the mechanically
propelled vessel;
(b) the offender shall be furnished with a copy of the entry and have the same read over
distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;
(c) a statement of a copy of the entry having been so furnished and entry having been so read
over and the reply, if any. made by the offender shall likewise be entered and signed in the manner
aforesaid;
(d) in any subsequent legal proceedings the entries by this section required shall, if
practicable, be produced or proved, and, in default of such production or proof, the court
hearing the case may in its discretion refuse to receive evidence of the offence or act of
misconduct.]
1
[
2
[63D.] General provision for punishment of offences not otherwise provided for.—If
any person contravenes any of the provisions of this Act for which no other penalty is provided
in this Act, he shall be punishable with fine which may extend to two hundred rupees.]
64. Levy of fine by distress of inland mechanically propelled vessel.—Where the
owner or master of an inland 3
[mechanically propelled vessel] is convicted of an offence
under this Act or any rule made thereunder committed on board, or in relation to, that
1
[mechanically propelled vessel], and is sentenced to pay a fine, the Magistrate who passes
the sentence may direct the amount of the fine to be levied by distress and sale of the
1
[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so much
thereof as is necessary.
65. Jurisdiction of Magistrates.—Except in the case of an offence against any rule made
under section 53, no Magistrate shall try an offence under this Act, or any rule made
thereunder, unless he is a Presidency Magistrate, or a Magistrate whose powers are not less
than those of a Magistrate of the first class.
66. Place of trial.—If any person commits an offence against this Act or any rule made
thereunder, he shall be triable for the offence in any place in which he may be found or which
the State Government, by notification in the Official Gazette, appoints in this behalf, or in any
other place in which he might be tried under any other enactment for the time being in force.