23. Penalty for making false returns.—Any person who being required by or under this Act to furnish
any return fails to furnish such return or furnishes a return containing any particular which is false and
which he knows to be false or does not believe to be true shall 2
[be liable to penalty which may extend to ten
thousand rupees].
3
[24. Penalties for obstructing a member or officer of the Authority in the discharge of his duties
and for failure to produce books and records.—Any person who—
(a) obstructs any member authorised by the Chairman in writing or any officer or other employee of the
Authority authorised by it in this behalf or any person authorised in this behalf by the Central Government
or by the Authority, in the exercise of any power conferred, or in the discharge of any duty imposed, on him
by or under this Act, shall be punishable with imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both;
(b) having control over or custody of any account book or other record, fails to produce such book or
record when required to do so by or under this Act, shall be liable to penalty which may extend to ten
thousand rupees.
25. Other penalties.— Whoever contravenes or attempts to contravene or abets the contravention of the
provisions of this Act or of any rules made thereunder other than the provisions, punishment or penalty for
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 16-8-2024).
2. Subs. by s. 2 and Schedule, ibid., for certain words (w.e.f. 16-8-2024).
3. Subs. by s. 2 and Schedule, ibid., for sections 24 and 25 (w.e.f. 16-8-2024).
9
the contravention whereof has been provided for in sections 20, 23 and 24 shall be liable to penalty not less
than ten thousand rupees, or not exceeding an amount equivalent to the value of goods, whichever is higher,
in respect of which such contravention has been made, and in case of a continuing contravention as
aforesaid, a penalty of not less than fifty thousand rupees, or not exceeding an amount equivalent to twice
the value of goods, whichever is higher, in respect of which such contravention has been made.
25A. Adjudication of penalties.—(1) For the purposes of adjudging penalties under sub-section (3) of
section 20, section 23, clause (b) of section 24 and section 25, the Chairman shall appoint the Secretary to
the Authority or any other officer authorised by the Central Government, as the case may be, to be an
adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the
manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by an order of the adjudicating officer may prefer an appeal to the Chairman,
within a period of sixty days from the date of receipt of such order in such form and manner as may be
prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the
Chairman that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being
heard.
(5) The appellate authority referred to in sub-section (2) shall dispose of the appeal within sixty days
from the date of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, shall be recovered as an arrear of
land revenue.]
26. Offences by companies.—(1) Where an offence under this Act 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 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 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 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.
27. Jurisdiction of court.—No court inferior to that of a Presidency magistrate or a Magistrate of the
first class shall try any offence punishable under this Act.
28. Previous sanction of Central Government.—No prosecution for any offence punishable under
this Act shall be instituted except with the previous sanction of the Central Government.
29. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Government, or the Authority or any Committee appointed by it, or any member of the
Authority or such Committee, or any officer or other employee of the Government or of the Authority or
any other person authorised by the Government or the Authority, for anything which is in good faith done
or intended to be done under this Act or the rules made thereunder.
30. Power to delegate.—The Central Government may, by order notified in the Official Gazette, direct
that any power exercisable by it under this Act (not being the power to make rules under section 33)
may also be exercised, in such cases and subject to such conditions, if any, as may be specified in the
order, by such officer or authority as may be specified therein.
10
31. Suspension of operation of Act.—(1) If the Central Government is satisfied that circumstances
have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be
imposed or if it considers necessary or expedient so to do in the public interest, the Central Government
may, by notification in the Official Gazette, suspend or relax to a specified extent, either indefinitely or for
such period as may be specified in the notification, the operation of all or any of the provisions of this Act.
(2) Where the operation of any provision of this Act has under sub-section (1) been suspended or
relaxed indefinitely, such suspension or relaxation may at any time while this Act remains in force be
removed by the Central Government by notification in the Official Gazette.
32. Application of other laws not barred.—The provisions of this Act shall be in addition to and not
in derogation of the provisions of any other law for the time being in force.
33. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the number of persons to be appointed as members from each of the categories specified in
clause (e) of sub-section (3) of section 4, the term of office and other conditions of service of members,
the manner of filling vacancies among, and the procedure to be followed in the discharge of their
functions by, such members;
(b) the circumstances in which and the authority by which a member may be removed;
(c) the holding of a minimum number of meetings of the Authority every year;
(d) the procedure to be followed at meetings of the Authority for the conduct of business and the
number of members which shall form a quorum at a meeting;
(e) the maintenance by the Authority of records of business transacted by the Authority and the
submission of copies thereof to the Central Government;
(f) the powers of the Authority, its Chairman, the Director and Committees of the Authority with
respect to the incurring of expenditure;
(g) the conditions subject to which the Authority may incur expenditure outside India;
(h) the preparation of budget estimates of receipts and expenditure of the Authority and the
authority by which the estimates are to be sanctioned;
(i) the form and manner in which the accounts should be kept by the Authority;
(j) the deposit of the funds of the Authority in banks and the investment of such funds;
(k) the conditions subject to which the Authority may borrow;
(l) the conditions subject to which and the manner in which contracts may be entered into by or on
behalf of the Authority;
(m) the additional matters in respect of which the Authority may undertake measures in the
discharge of its functions;
(n) the remuneration and other allowances payable to the person or persons referred to in
clause (b) of sub-section (2) of section 10;
(o) the form of, and the particulars to be contained in, any returns or reports to be made to the
Authority under this Act;
(p) the form of, and the manner of making applications for registration and for its cancellation by
the Authority, the fee payable on such applications and the procedure to be followed in granting and
cancelling registration and the conditions governing such registration;
(q) the collection of any information or statistics in respect of marine products;
1
[(qa) the manner of holding inquiry and imposing penalty under sub-section (1) of section 25A;
1. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 16-8-2024).
11
(qb) the form and manner of preferring appeal under sub-section (2) of section 25A;]
(r) any other matter which is to be or may be prescribed by, or provided for by rules under, this
Act.
(3) Every rule made under this section shall be laid, as soon as may be, after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
34. Power to make regulations.—(1) The Authority may make regulations not inconsistent with this
Act and the rules made thereunder for enabling it to discharge its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or
any of the following matters, namely:—
(a) the procedure to be followed at meetings of the Committees appointed by the Authority and the
number of members which shall form a quorum at a meeting;
(b) the delegation to the Chairman, members, Director, Secretary or other officers of the Authority
of any of the powers and duties of the Authority under this Act;
(c) the travelling and other allowances of members of the Authority and of Committeesthereof;
(d) the pay and allowances and leave and other conditions of service of officers (other than those
appointed by the Central Government) and other employees of the Authority;
(e) the maintenance of its accounts;
(f) the maintenance of the registers and other records of the Authority and its variousCommittees;
(g) the appointment by the Authority of agents to discharge on its behalf any of itsfunctions;
(h) the persons by whom, and the manner in which, payments, deposits and investments may be
made on behalf of the Authority.
(3) No regulation made by the Authority shall have effect until it has been approved by the Central
Government and published in the Official Gazette, and the Central Government, in confirming a
regulation, may make any change therein which appears to it to be necessary.
(4) The Central Government may, by notification in the Official Gazette, cancel any regulation which
it has confirmed and thereupon the regulation shall cease to have effect.
1
[(5) Every regulation made under this section shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the regulation or both Houses agree that the regulation should not be made, the regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that regulation.]