87. Offences and penalties.—(1) Whoever, contravenes any of the provisions of this Act, shall be
punishable with penalty as mentioned in the third column of the Table provided in sub-section (2).
(2) The classification of offences for contravention of the provisions of this Act and the
corresponding penalties therefor shall be as provided in the following Table, namely:—
Section Offence Penalty
(1) (2) (3)
8 Any owner, operator or construction yard,
found guilty of construction, alteration or
modification of mechanically propelled inland
vessel in contravention of section 8.
Fine which may extend to ten thousand
rupees for every non-compliance found.
14 (1) Owner, operator or master of any
mechanically propelled inland vessel, using
such vessel, without a valid certificate of
survey has acted in contravention of
sub-section (1) of section 14.
Fine which may extend to ten thousand
rupees for the first offence and twentyfive thousand rupees for subsequent
offences.
31
Section Offence Penalty
(1) (2) (3)
18 (1) Owner, operator or master of any
mechanically propelled inland vessel
proceeding on any voyage or use a
mechanically propelled inland vessel required
to be registered, for any service, without a
valid certificate of registration and in
contravention of sub-section (1) of section 18.
Fine which may extend to ten thousand
rupees for the first offence and fifty
thousand rupees for subsequent offences.
19 (1) Owner or master who does not carry a valid
certificate of registration or not making the
same available for inspection, has acted in
contravention of sub-section (1) of section 19.
Fine which may extend to ten thousand
rupees for every non-compliance found.
24 (3) Owner not displaying the official number on
the conspicuous part of a vessel has acted in
contravention of sub-section (3) of section 24.
Fine which may extend to ten thousand
rupees.
27 Owner, operator or any person responsible for
the operation of the vessel, has acted in
contravention of section 27.
Fine which may extend to ten thousand
rupees for the first offence and twentyfive thousand rupees for subsequent
offences.
28 (2) Owner, operator or master of any
mechanically propelled inland vessel not
registering the details of alterations that are
mandated to be registered as specified in subsection (2) of section 28.
Fine which may extend to ten thousand
rupees for the first offence and twentyfive thousand rupees for subsequent
offences.
29 Owner or operator of any mechanically
propelled inland vessel, who does not comply
with the requirements or has acted in
contravention of section 29.
Fine which may extend to five hundred
rupees for every day of non-compliance.
30 Owner of any mechanically propelled inland
vessel, has acted in contravention of
section 30.
Fine which may extend to ten thousand
rupees per day or imprisonment which
may extend to one year, or with both.
32 (1) Owner of any mechanically propelled inland
vessel, has acted in contravention of subsection (1) of section 32.
Fine which may extend to five thousand
rupees for every day of non-compliance.
34 (2) Owner or operator on whose vessel, persons
under the age of eighteen years are employed,
has acted in contravention of sub-section (2)
of section 34.
Fine which may extend to five thousand
rupees for every day of non-compliance
or imprisonment not exceeding six
months, or with both.
35 Owner or operator of any mechanically
propelled inland vessel without complying
with the specified minimum manning scale
has acted in contravention to section 35.
Fine which may extend to ten thousand
rupees for the first offence and twentyfive thousand rupees for subsequent
offences.
40 (1) and
(4)
The holders of certificate of competency, has
acted in contravention to the provisions of this
Act or not surrendered the suspended,
cancelled or varied certificate issued under
non-submission of suspended or cancelled
certificates.
Fine up to five thousand rupees per day
or imprisonment extending up to six
months, or with both.
32
Section Offence Penalty
(1) (2) (3)
44 Owner or operator or any person responsible
for the operation of special category vessel,
which does not comply with the provisions of
Chapter VII.
Fine which may extend to ten thousand
rupees for every day of non-compliance
or imprisonment extending up to six
months, or with both.
47 Owner, operator or master of any
mechanically propelled vessel registered,
recognised or identified under this Act, for not
equipping the vessels or exhibiting the lights
and signals specified under Chapter VIII.
Fine which may extend to ten thousand
rupees for the first offence and twentyfive thousand rupees for subsequent
offences.
48 Owner, operator or master not ensuring safe
navigation or causing damage due to nonobservance of regulations.
Fine which may extend to twenty-five
thousand rupees.
49 and
50 (1)
Owner, operator or master of any
mechanically propelled vessel plying in inland
waters abstaining from proceeding to render
assistance after answering to the distress
signal.
Fine which may extend to ten thousand
rupees.
51 (2) The owner, operator or master of any
mechanically propelled inland vessel
proceeding to conduct any voyage without
complying with the requirements of
navigation aids, life-saving appliances, fire
detection and extinguishing appliances and
communication appliances as specified under
sub-section (2) of section 51.
Fine which may extend up to fifty
thousand rupees.
52 (2) and
(3)
The owner, operator or master of any
mechanically propelled vessel causing
pollution by discharging or dumping of
pollutants in inland waters.
Fine which may extend to fifty thousand
rupees.
53 (4) The owner, operator or master of any
mechanically propelled vessel, who are
required under this Act to possess a valid
prevention of pollution certificate, plying or
using the vessel without the said valid
certificate.
Fine which may extend to twenty-five
thousand rupees.
54 (2) and
(5)
The owner or operator of any reception
facility who does not comply with the
standards and obligations stipulated.
Fine which may extend to fifty thousand
rupees.
55 (4) The owner or operator of the terminal who
operates without complying with the notice
issued under sub-section (4) of section 55.
Fine which may extend to ten thousand
rupees per day of non-compliance
beyond period of notice.
57 Any owner, operator or any person who
intentionally cause wreck within inland
waters.
Fine amounting to fifty thousand rupees
and imprisonment which may extend to
three years.
58 (2) Any person who is guilty of offence
committed by contravention of sub-section (2)
of section 58.
Fine which may extend to ten thousand
rupees.
33
Section Offence Penalty
(1) (2) (3)
66 Any owner or master plying any mechanically
propelled inland vessel without a valid
insurance as provided under section 66.
Fine which may extend to ten thousand
rupees and detention of the vessel till
certificate of insurance is procured.
74 (2) The owner, operator or master of any
mechanically propelled inland vessel not
complying with sub-section (2) of section 74.
Fine which may extend to ten thousand
rupees.
79 (2) Any person who holds a certificate issued
under Chapter VI and fails to surrender
suspended or cancelled certificates.
Fine which may extend to ten thousand
rupees for every day of non-submission.
80 Any person, in the capacity of a service
provider or a service user, who acts in
contravention of section 80.
Fine which may extend to fifty thousand
rupees.
82 Master or operator of any foreign vessels
acting in contravention of sub-section (1) of
section 82.
Fine which may extend to fifty thousand
rupees or imprisonment which may
extend to one year, or with both.
83 Owner, operator or master of mechanically
propelled inland vessel, who does not comply
with the requirement of pilotage in
contravention of section 83.
Fine which may extend to fifty thousand
rupees or imprisonment which may
extend to three years, or with both.
97 Any person employed on inland vessel for
neglect or refusal to join or desertion of vessel
in violation of his obligation as provided
under section 97.
Forfeiture of 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, from his wages and also to
imprisonment which may extend to two
months.
102 Any person found guilty of causing
obstruction or has acted in contravention of
section 102.
Fine which may extend to fifty thousand
rupees or imprisonment which may
extend to three years, or with both.
(3) Any person who acts in contravention of the provisions of this Act or the rules made thereunder,
but for which an offence is not specifically provided in this Act, shall be punishable with fine not
exceeding three lakh rupees or with imprisonment up to a term which may extend to three years, or with
both.
(4) Where the owner or master of any mechanically propelled inland vessel is convicted of an offence
under this Act or any rule made thereunder, committed on board, or in relation to that 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 mechanically propelled vessel, or its
appurtenance so much thereof as is necessary.
(5) Where an inland vessel has been used in contravention of the provisions of this Act or the rules
made thereunder, the details of the offence, the offender and the vessel shall be recorded in such form and
manner, as may be specified by the Central Government by notification.
34
(6) The State Government shall appoint courts not inferior to that of a Magistrate of the first class, for
the purpose of conducting trial of any person who is charged of any offence as provided under this Act or
the rules made thereunder.
88. Offences by company, limited liability partnership firm or any such arrangement.—(1)
Where an offence under this Act has been committed by a company or a limited liability partnership firm
or any such arrangement, every person who, at the time the offence was committed was in-charge of, and
was responsible to the company or the limited liability partnership firm or any such arrangement, for the
conduct of the business, and the company or the limited liability partnership firm or any such
arrangement, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, 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 this Act has been
committed by a company or a limited liability partnership firm or any such arrangement and it is proved
that the offence has been committed with the consent or connivance of, or is attributable to any neglect on
the part of, any director, manager, secretary or partner or other officer of the company or the limited
liability partnership firm or any such arrangement, as the case may be, such director, manager, secretary
or partner or other officer, as the case may be; shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
89. Fees, additional fee, payment and collection.—(1) Unless otherwise specified, the State
Government shall collect, the fees and additional fees for the services provided under this Act and any
other charges or payment made to it against payments towards penalties, at such rates and intervals, as
may be prescribed by the State Government.
(2) The State Government shall appoint or authorise such officers, or constitute such offices within its
jurisdictions, by notification, to act as single point collection offices within the districts or ports,
considering proximity and convenience of remittance.
(3) The procedures, forms and format of receipts, maintenance of accounts and any other matter that
is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees,
additional fees, charges or payment against penalties of pecuniary nature shall be such as may be
prescribed by the State Government.
(4) The owner, operators or their representatives, as the case may be, shall remit the fees or additional
fees in such manner and at such rates as may be prescribed by the State Government.
(5) All fees payable under this Act may be recovered as fine under this Act.
90. Cognizance of offence.— No court shall take cognizance of any offence under this Act, except
on a complaint in writing made by the Central Government or any officer authorised by the State
Government, as the case may be, for this purpose.