37. Intentionally obstructing aids to navigation or vessel traffic services.—(1) Whoever,
intentionally commits any act or omits to do any act, which results in obstruction of, or reduction in, or
limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to
imprisonment for a term which may extend up to six months or with fine which may extend up to one
lakh rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if
that.—
(a) act or omission was necessary to save a life or a vessel; and
(b) such person took all reasonable steps to avoid the obstruction, reduction or limitation.
38. Negligently obstructing aids to navigation or vessel traffic services.—(1) Whoever, negligently
commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of,
the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a
term which may extend up to three months or with fine which may extend up to fifty thousand rupees, or
with both.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if
that.—
(a) act or omission was necessary to save a life or a vessel; and
(b) such person took all reasonable steps to avoid the obstruction, reduction or limitation.
39. Intentionally destroying or damaging aids to navigation or vessel traffic services.—(1)
Whoever, intentionally commits any act or omits to do any act, which results in damage to or destruction
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of any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may
extend up to twelve months or with fine which may extend up to five lakh rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if
that—
(a) act or omission was necessary to save a life or a vessel; and
(b) such person took all reasonable steps to avoid the damage or destruction.
40. Negligently destroying or damaging aids to navigation or vessel traffic services.—(1)
Whoever, negligently commits any act or omits to do any act, which results in damage to or destruction of
any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may
extend up to six months or with fine which may extend up to one lakh rupees, or with both.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if
that—
(a) act or omission was necessary to save a life or a vessel; and
(b) such person took all reasonable steps to avoid the damage or destruction.
41. Causing damage to heritage lighthouse.— (1) Whoever, commits any act or omits to do any act,
which results in damage to or destruction of any heritage lighthouse, shall be liable to imprisonment for a
term which may extend up to six months or with fine which may extend up to one lakh rupees, or with
both.
(2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if
that.—
(a) act or omission was necessary to save a life or a vessel; and
(b) such person took all reasonable steps to avoid the destruction, fouling, damage, reduction or
limitation.
42. Evading payment of marine aids to navigation dues.— Every owner or master of a ship, who
evades or attempts to evade the payment of marine aids to navigation dues, expenses or costs payable in
respect of the ship under this Act, shall be liable for fine, which may extend up to five times the amount
of the sum so payable.
43. Non-compliance with directions of vessel traffic service provider.— Every owner or master of
a ship, who fails to comply with any direction issued by a vessel traffic service provider relating to a
vessel traffic service under this Act, shall be liable to fine which may extend up to one lakh rupees.
44. Cognizance of offences.—(1) No court shall take cognizance of any offence under this Act,
except upon a complaint in writing made by any officer authorised in this behalf by the Central
Government.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall
try any offence under this Act.
45. Place of trial and jurisdiction of court.—Whoever, commits any offence under this Act or any
rules made thereunder, may ordinarily be inquired into and tried by a court within whose local
jurisdiction—
(a) such offence was committed; or
(b) such person may be found; or
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(c) in any court which the Central Government may, by notification, direct in this behalf; or
(d) in any court in which he might be tried under any other law for time being in force.