23. Offences.—(1)
1
[(a) whoever undertakes any reconnaissance operation, or exploration operation,
or production operation in an offshore area without a reconnaissance permit, or a composite licence, or an
exploration licence, or a production lease, as the case may be, shall be punishable with imprisonment for a
term which may extend to five years, or with fine of five lakh rupees, which may extend to ten lakh
rupees, or with both;
(b) any permittee or licensee or lessee, who fails to furnish the required data, or information, or
document under sub-section (2) of section 5 in the manner provided therein, shall be punishable with
imprisonment which may extend to three years, or with fine of five lakh rupees, which may extend to ten
lakh rupees, or with both.
1. Subs. by Act 17 of 2023, s. 18, for clauses (a) and (b) (w.e.f. 17-8-2023).
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Explanation.—For the purposes of clauses (a) and (b), the amount of fine provided shall be in respect
of each standard block of such part of the offshore area where such reconnaissance operation, or
exploration operation, or production operation is undertaken.]
(c) Any vessel, together with its gear, boats, stores and cargo, used or employed in violation of
section 5, along with any mineral recovered or processed in violation of that section, if any, shall be
confiscated.
(d) Whoever ships, transports, offers for sale, sells, purchases, imports, exports, or has custody,
control or possession of, any mineral recovered, processed or retained in violation of this Act or any rule
made thereunder shall be 1
[punishable] with imprisonment which may extend to three years, or 2
[with fine
of twenty-five lakh rupees, which may extend to fifty lakh rupees], or with both.
(2) Whoever—
(a) intentionally obstructs any authorised officer referred to in section 22 in the exercise of any
powers conferred under this Act; or
(b) fails to afford reasonable facilities to the authorised officer referred to in section 22 or his
assistant to board the vessel or enter the mine or to provide for adequate security to such officer or
assistant at the time of entry into the vessel or mine or when they are on board such vessel or mine; or
(c) fails to stop the vessel or mine or to produce the licence, permit, log book or any other
document, as the case may be, on board such vessel, or mine, when required to do so by the
authorised officer referred to in section 22; or
(d) interferes with, delays, or prevents, by any means, the lawful apprehension of any person
under this Act,
shall be 3
[punishable with imprisonment which may extend to five years, or with fine of two lakh rupees,
which may extend to five lakh rupees], or with both.
4
[(2A) Whoever, having been convicted of an offence under sub-section (1) or sub-section (2), is
again convicted of an offence under that sub-section, shall, in addition to the punishment provided
therefor, be punishable with additional fine which may extend to one lakh rupees for each day during
which he continues to commit that offence.]
(3) Whoever contravenes any other provision of this Act 5***, other than those specified in
sub-sections (1) and (2) shall be 6
[punishable] with imprisonment for a term which may extend to five
years, or 7
[with fine of fifty lakh rupees, which may extend to one crore rupees], or with both, and in the
case of continuing contravention, with an additional fine which may extend to five lakh rupees for every
day during which such contravention continues.
4
[(4) Any rule made under any provision of this Act may provide that any contravention thereof shall
be punishable with imprisonment for a term which may extend to five years or with fine of fifty lakh
rupees, which may extend to one crore rupees, or with both, and in the case of a continuing contravention,
with additional fine which may extend to five lakh rupees for every day during which such contravention
continues after conviction for the first such contravention.]
24. 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 directly 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:
1. Subs. by Act 17 of 2023, s. 18, for “punished” (w.e.f. 17-8-2023).
2. Subs. by s. 18, ibid., for “with fine which may extend to fifty lakh rupees” (w.e.f. 17-8-2023).
3. Subs. by s. 18, ibid., for “punished with imprisonment for a term which may extend to five years, or with fine which may
extend to fifty thousand rupees” (w.e.f. 17-8-2023).
4. Ins. by s. 18, ibid. (w.e.f. 17-8-2023).
5. The words “or the rules made thereunder” omitted by s. 18, ibid. (w.e.f. 17-8-2023).
6. Subs. by s. 18, ibid., for “punished” (w.e.f. 17-8-2023).
7. Subs. by s. 18, ibid., for “with fine which may extend to one crore rupees” (w.e.f. 17-8-2023).
15
Provided that nothing contained 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 and
that he had 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 anybody corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
25. Place of trial.—Notwithstanding anything contained in other law for the time being in force, any
person committing an offence under this Act or any rule made thereunder or under any of the enactment
extended under this Act or under the rules made thereunder shall be tried for the offence in such place as
the Central Government may, by general or special order published in the Official Gazette, direct in this
behalf.
26. Previous sanction of Central Government for prosecution.—No prosecution for an offence
committed under this Act shall be instituted except with the previous sanction of the Central Government
or such officer or authority as may be authorised by the Central Government, by order in writing in this
behalf.
27. Offences triable by Court of Session.—Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be triable by the Court of Session.