The Merchant Shipping Act, 2025

Administered Ministry: Ministry of Ports, Shipping and Waterways

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Section

Section 281 Offences and penalties.

(1) Any person who contravenes any provision of this Act or any rule or notification made or issued thereunder or fails to comply with any provision thereof which it was his duty to comply with, shall be liable to penalty or be guilty of an offence under this Act and if in respect of any such contravention or offence no penalty or punishment is specially provided, he shall be liable to penalty which may extend to fifty thousand rupees.

(2) The contraventions mentioned in column (2) of the table below, shall be liable to the extent of penalty mentioned in column (4) of the said table, with reference to such contraventions, respectively.

Table


Serial No.	Contravention	Section	Penalties
(1)	(2)	(3)	(4)
1.	If the Indian charterer fails to comply with the conditions prescribed under section 16.	16	Penalty which may extend to two lakh rupees.
2.	If the owner of an Indian vessel fails to register a vessel under sub-section (1) of section 20.	20(1)	Penalty which may extend to fifty thousand rupees.
3.	If a person fails to deliver the certificate of registration to the Registrar or person entitled as required under sub-section (2) of section 22.	22(2)	Penalty which may extend to fifty thousand rupees.
4.	If any person transfers a registered mortgage in contravention of sub-section (1) of section 30.	30(1)	Penalty which may extend to one lakh rupees.
5.	If an owner fails to make an application for re-registration of a vessel or for registering an alteration of a vessel under section 33.	33	Penalty which may extend to fifty thousand rupees and in addition, a penalty which may extend to two thousand rupees for every day during which the contravention continues.
6.	If any person fails to hoist the proper national colours except those declared under sub-section (2) of section 37, onboard the Indian vessel.	37(2)	Penalty which may extend to two lakh rupees.
7.	If any person conducts training course in contravention of sub-section (2) of section 47.	47(2)	Penalty which may extend to twenty lakh rupees.
8.	If any person obstructs authorised person to inspect any maritime training institute under sub-section (3) of section 47.	47(3)	Penalty which may extend to two lakh rupees.
9.	If the master of any vessel fails to produce the certificates under sub-section (1) of section 49.	49(1)	Penalty which may extend to fifty thousand rupees and in addition, a penalty which may extend to five thousand rupees for every day during which the contravention continues.
10.	If any person causes a vessel to proceed to sea in contravention of sub-section (3) of section 57.	57(3)	Penalty which may extend to two lakh rupees.
11.	If any person engages or employs a person below the age of sixteen years in contravention of section 59.	59	Penalty which may extend to two lakh rupees for every seafarer engaged in the contravention.
12.	If any person engages or carries to sea any seafarer in contravention of section 60.	60	Penalty which may extend to fifty thousand rupees for every seafarer engaged in the contravention.
13.	If any person engages or carries to sea a seafarer in contravention of sub-section (1) of section 61.	61(1)	Penalty which may extend to two lakh rupees, for every seafarer engaged in the contravention.
14.	If any person engages a seafarer in contravention of sub-section (1) of section 62.	62(1)	Penalty which may extend to three lakh rupees for every seafarer.
15.	If any person engages a seafarer in contravention of clause (b) of sub-section (2) of section 62.	62(2)(b)	Penalty which may extend to two lakh rupees, for every seafarer engaged in the contravention.
16.	If any person discriminates between seafarers in contravention of clause (d) of sub-section (2) of section 62.	62(2)(d)	Penalty which may extend to two lakh rupees for every seafarer.
17.	If any ship owner, master or his agent engages any person to serve as seafarer in contravention of sub-section (3) of section 62.	62(3)	Penalty which may extend to two lakh rupees.
18.	If any recruitment and placement service agency contravene clause (a) or clause (b) or clause (c) or clause (d) of sub-section (6) of section 62.	62(6)(a), (b), (c) and (d)	Penalty which may extend to fifteen lakh rupees.
19.	If any recruitment and placement service agency contravene clause (e) or clause (f) of sub-section (6) of section 62.	62(6)(e) and (f)	Penalty which may extend to five lakh rupees.
20.	If any master or ship owner or recruitment and placement service agency fails to enter into a seafarer employment agreement in contravention of sub-section (1) of section 63.	63(1)	Penalty which may extend to fifty thousand rupees for every seafarer.
21.	If a master or ship owner of an Indian vessel fails to discharge a seafarer in contravention of sub-section (2) of section 80.	80(2)	Penalty which may extend to one lakh rupees.
22.	If any master discharges a seafarer before the expiration of the period for which he was engaged or leaves a seafarer behind in contravention of sub-section (5) of section 80.	80(5)	Penalty which may extend to fifty thousand rupees.
23.	If a master fails to make an entry in the official logbook with respect to a seafarer who is left behind or lost overboard or is deceased, or fails to take charge of his property or fails to discharge such property in contravention of section 81.	81	Penalty which may extend to three times the value of the property not accounted for or if such value is not ascertained, to twenty thousand rupees.
24.	If any master or ship owner, or his agent or seafarer fails to produce any logbooks, papers or other documents in any proceedings before a shipping master or fails to attend such proceedings in contravention of section 84.	84	Penalty which may extend to five lakh rupees.
25.	If any person commits a breach of any term of an award which is binding on him under sub-section (8) of section 89.	89(8)	Penalty which may extend to two lakh rupees.
26.	If any seafarer or class of seafarers or union of seafarers goes or remain on strike in contravention of clause (a) of sub-section (14) of section 89.	89(14)(a)	Penalty which may extend to fifty thousand rupees.
27.	If any ship owner alters the conditions of service or discharges or punishes a seafarer in contravention of clause (b) of sub-section (14) of section 89.	89(14)(b)	Penalty which may extend to fifty thousand rupees.
28.	If any person obstructs the shipping master or surveyor, seafarer welfare officer or Indian ambassador or any other authorised officer from entering or inspecting a vessel under sub-section (1) of section 93.	93(1)	Penalty which may extend to fifty thousand rupees unless he can prove that the obstruction was caused without his knowledge or connivance.
29.	If the master or owner of a vessel fails to be in possession of the certificates specified in sub-section (2) or sub-section (3) of section 93.	93(2), (3)	Penalty which may extend to fifty thousand rupees unless he proves that the non-compliance was not caused by his inattention, neglect or wilful default.
30.	If a master without reasonable cause fails to facilitate a seafarer to make a complaint under section 95.	95	Penalty which may extend to fifty thousand rupees.
31.	If a person goes onboard a vessel in contravention of section 96.	96	Penalty which may extend to fifty thousand rupees.
32.	If a seafarer deserts his vessel in contravention of clause (a) of sub-section (1) of section 98.	98(1)(a)	He shall be liable to forfeit all or any part of the property he leaves onboard and of the wages he has then earned and also if the desertion takes place at any place outside India, to forfeit all or any part of the wages which he may earn in any other vessel in which he may be employed until his next return to India, and to satisfy any excess of wages paid by the master or owner of the vessel from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him.
33.	If a seafarer neglects or refuses, without reasonable cause, to join the vessel or does not proceed to sea in his vessel or is absent without leave in contravention of clause (b) of sub-section (1) of section 98.	98(1)(b)	He shall, if the contravention does not amount to desertion, be liable to forfeit out of his wages a sum not exceeding two day's 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.
34.	If any seafarer quits the vessel without leave under clause (a) of sub-section (1) of section 99.	99(1)(a)	Forfeiture out of his wages of a sum not exceeding one month's pay.
35.	If any seafarer fails to attend his vessel under clause (b) of sub-section (1) of section 99.	99(1)(b)	Penalty which may extend to one lakh rupees but nothing herein shall take away or limit any other remedy which any person would otherwise have for breach of contract or refund of money advanced or otherwise.
36.	If any seafarer wilfully disobeys any lawful command under clause (c) of sub-section (1) of section 99.	99(1)(c)	Forfeiture out of his wages of a sum not exceeding two days' pay.
37.	If any master fails to report desertion and absence without leave in contravention of section 102.	102	Penalty which may extend to one lakh rupees.
38.	If any person persuades or attempts to persuade a seafarer to neglect or refuse to join or proceed to the vessel or deserts his vessel, in contravention of clause (a) of section 108.	108(a)	Penalty which may extend to two lakh rupees.
39.	If any person harbours or secretes a seafarer who has wilfully neglected or refused to join or has deserted his vessel, in contravention of clause (b) of section 108.	108(b)	Penalty which may extend to two lakh rupees.
40.	If any person secretes himself and goes to sea in contravention of section 109.	109	Penalty which may extend to two lakh rupees.
41.	If a master fails to deliver documents relating to the navigation of the vessel to his successor in contravention of sub-section (1) of section 110.	110(1)	Penalty which may extend to fifty thousand rupees.
42.	If the owner or master of a vessel fails to comply with provisions of the international conventions, treaties or agreements in contravention of sub-section (1) of section 116.	116(1)	Penalty which may extend to fifteen lakh rupees and the vessel may also be detained. agreements in contravention of sub-section (1) of section 116.
43.	If the master of a vessel fails to report the particulars of an incident in contravention of sub-section (1) of section 117.	117(1)	Penalty which may extend to fifty thousand rupees.
44.	If the master of a vessel fails to report the particulars of an incident relating to the loss or likely loss overboard of dangerous goods in contravention of sub-section (2) of section 117.	117(2)	Penalty which may extend to two lakh rupees.
45.	If any master or owner of an Indian vessel fails to comply with its communication requirements in contravention of section 120.	120	Penalty which may extend to fifteen lakh rupees and the vessel may also be detained.
46.	If any master or owner of a vessel does not carry onboard the information required by section 121.	121	Penalty which may extend to one lakh rupees.
47.	If the master or owner of the vessel causes a vessel to be loaded in contravention of sub-section (1) of section 122.	122(1)	Penalty which may extend to four lakh rupees and to such additional penalty not exceeding twenty-five thousand rupees for every inch or fraction of an inch by which the appropriate load lines on each side of the vessel are submerged or would have been submerged if the vessel had been in salt waters and had no list, as the principal officer thinks fit to impose, having regard to the extent to which the earning capacity of the vessel is or would have been increased by reason of the submersion.
48.	If the owner, agent or master of a vessel carries passengers without certificates required under Part VI in contravention of sub-section (1) of section 123.	123(1)	Penalty which may extend to two lakh rupees.
49.	If the owner, agent or master of a vessel carrying passengers fails to make a statement about the passengers onboard such vessel in contravention of sub-section (3) of section 123.	123(3)	Penalty which may extend to two lakh rupees.
50.	If the master or owner of a vessel causes a vessel to proceed to sea without valid certificates in contravention of section 124.	124	Penalty which may extend to fifteen lakh rupees and the vessel may also be detained.
51.	If a person commits misconduct specified in any of the clauses under sub-section (1) of section 125.	125(1)	Penalty which may extend to fifty thousand rupees.
52.	If any person carries or attempts to carry cargo without the required certificates in contravention of sub-section (1) of section 126.	126(1)	Penalty which may extend to five lakh rupees.
53.	If any person carries or attempts to carry passengers without the required certificates in contravention of sub-section (2) of section 126.	126(2)	Penalty which may extend to five lakh rupees.
54.	If any person or master sends or takes or attempts to send or take to sea unseaworthy vessel in contravention of sub-section (1) or sub-section (2) of section 127.	127(1), (2)	Penalty which may extend to two lakh rupees and ten lakh rupees for every repeat contravention and the vessel may also be detained.
55.	If the ship owner or master of a vessel or seafarer fails to take all reasonable means to ensure the seaworthiness of a vessel in contravention of sub-section (1) of section 128.	128(1)	Penalty which may extend to two lakh rupees and five lakh rupees for every repeat contravention.
56.	If any vessel, company or port facility fails to comply with the requirements for safety and security management in contravention of sub-section (1) of section 129.	129(1)	Penalty which may extend to twenty-five lakh rupees.
57.	If any owner or master of an Indian vessel causes polluting substance to be discharged anywhere into the sea or owner or master of a foreign vessel causes polluting substance to be discharged within the coastal waters in contravention of section 133, then---	133
	(a) where such discharge is of harmful substances carried by sea in packaged form;	133	Penalty which may extend to ten lakh rupees and such security as may be considered necessary for securing any damages that may arise in future;
	(b) where such discharge is of sewage;	133	penalty which may extend to five lakh rupees and such security as may be considered necessary for securing any damages that may arise in future;
	(c) where the discharge is of ballast water and sediments;	133	penalty which may extend to five lakh rupees and such security as may be considered necessary for securing any damages that may arise in future;
	(d) where the discharge is of any other polluting substances.	133	penalty which may extend to two lakh rupees and such security as may be considered necessary for securing any damages that may arise in future.
58.	If the ship owner, master or any other person permits any vessel or port or platform or man-made structures at sea to engage in dumping in contravention of sub-section (6) of section 133.	133(6)	Penalty which may extend to two lakh rupees and such security as may be considered necessary for securing any damages that may arise in future.
59.	If any vessel proceeds to sea without valid certificates in contravention of section 135.	135	Penalty which may extend to fifteen lakh rupees and the vessel may also be detained.
60.	If the master of a vessel fails to maintain books of records in contravention of section 136.	136	Penalty which may extend to fifty thousand rupees.
61.	If any master or owner of a vessel which is detained under sub-section (3) of section 137 causes such vessel to proceed to sea before its release in contravention of section 137.	137(3)	Penalty which may extend to one lakh rupees.
62.	If the master of a vessel fails to report the particulars of an incident in contravention of sub-section (1) of section 138.	138(1)	Penalty which may extend to one lakh and fifty thousand rupees.
63.	If any port authority or officer fails to comply with the directions issued by the Central Government under sub-section (2) of section 142.	142(2)	Penalty which may extend to ten lakh rupees.
64.	If a master or person in-charge of a vessel fails to render assistance in case of collision in contravention of sub-section (1) of section 158.	158(1)	Penalty which may extend to five lakh rupees.
65.	If a master fails to enter a statement in relation to a collision in the official logbook in contravention of section 159.	159	Penalty which may extend to fifty thousand rupees.
66.	If the master or ship owner or his agent fails to transmit a report of the accident or damage to the Director-General or the nearest principal officer in contravention of section 160.	160	Penalty which may extend to one lakh rupees.
67.	If the owner or agent of any Indian vessel fails, without reasonable cause, to give notice of loss of Indian vessel to the Director-General in contravention of section 161.	161	Penalty which may extend to one lakh rupees.
68.	If any person fails to maintain compulsory insurance or other financial security for maritime claims in contravention of section 172.	172	Penalty which may extend to fifteen lakh rupees and the vessel may also be detained.
69.	If any master or ship owner does not carry the certificate required under sub-section (1) or sub-section (2) of section 190.	190(1), (2)	Penalty which may extend to one lakh rupees.
70.	If any master or ship owner does not carry the certificate required under sub-section (1) or sub-section (2) of section 207.	207(1), (2)	Penalty which may extend to fifteen lakh rupees.
71.	If any person refuses or wilfully neglects to comply with a notice or makes any false statement in contravention of sub-section (4) of section 217.	217(4)	Penalty which may extend to one lakh rupees.
72.	If the primary response party fails to engage in maritime emergency response under section 226.	226	Penalty which may extend to five lakh rupees and the vessel may also be detained.
73.	If the owner or master of a vessel fails to conclude contracts with salvors under section 251.	251	Penalty which may extend to fifty thousand rupees.
74.	If a salvor fails to perform his duties under sub-section (1) of section 252.	252(1)	Penalty which may extend to fifty thousand rupees.
75.	If the owner or master of a vessel or the owner of other property fails to perform his duties under sub-section (2) of section 252.	252(2)	Penalty which may extend to fifty thousand rupees.
76.	If the owner of a vessel fails to comply with the requirements for safety, security and prevention of pollution and insurance in contravention of section 264.	264	Penalty which may extend to one lakh rupees and the vessel may also be detained.
77.	If any person fails to comply with the manning requirements under sub-section (2) of section 265.	265(2)	Penalty which may extend to one lakh rupees and the vessel may also be detained.
78.	If the ship owner, master, tindal or skipper of a vessel fails to produce certificates of competency or proficiency or any other certificate in contravention of section 270.	270	Penalty which may extend to fifty thousand rupees.
79.	If the owner or his agent or skipper of an Indian fishing vessel fails to enter into an agreement in contravention of clause (a) of section 271.	271(a)	Penalty which may extend to fifty thousand rupees.
80.	If the ship owner or master permits a vessel to ply or proceed to sea without certificates in contravention of sub-section (1) of section 273.	273(1)	Penalty which may extend to one lakh rupees.
81.	If the ship owner or master or tindal or skipper of a vessel fails to maintain or cause to be maintained a statement of crew in contravention of section 275.	275	Penalty which may extend to one lakh rupees.
82.	If the ship owner or master or tindal or skipper of a vessel fails to provide notice of jettisoning of cargo in contravention of section 276.	276	Penalty which may extend to fifty thousand rupees.
83.	If the ship owner or agent or master or officer of a vessel fails to provide all reasonable facilities to the proper officer for a survey or audit in contravention of sub-section (3) of section 277.	277(3)	Penalty which may extend to one lakh rupees.
84.	If any person hinders or obstructs any officer or person in contravention of sub-section (2) of section 296.	296(2)	Penalty which may extend to fifty thousand rupees.
85.	If any ship owner or master or tindal or skipper or seafarer or port or any person or authority breaches any condition subject to which any exemption is granted under sub-section (2) of section 300.	300(2)	Penalty which may extend to fifty thousand rupees.
86.	If any ship owner or his agent or master or seafarer or tindal or maritime training institute or recruitment placement service provider or port or any person or body of persons fails to comply with the directions given under section 301.	301	Penalty which may extend to five lakh rupees.
87.	If any owner or master of a vessel allows a vessel to fly with the flag of a State in contravention of sub-section (1) of section 304.	304(1)	Penalty which may extend to five lakh rupees and the vessel may also be detained.
88.	If any person acts in contravention of control measures invoked by the principal officer under sub-section (4) of section 307.	307(4)	Penalty which may extend to ten lakh rupees.
89.	If any port fails to discharge the obligations under the conventions in contravention of sub-section (1) of section 310.	310(1)	Penalty which may extend to five lakh rupees.
90.	If any port authority or State Maritime Board or any other authority or agency fails to render services or assistance or take measures in respect of any abandoned vessel under sub-section (1) of section 311.	311(1)	Penalty which may extend to one lakh rupees.
91.	If the registered owner of an Indian vessel fails to maintain compulsory adequate insurance coverage or such other financial security in contravention of section 314.	314	Penalty which may extend to seventy lakh rupees.
92.	If any vessel is detained under the provisions of this Act for which no penalty is provided.	General	Penalty which may extend to fifteen lakh rupees.
93.	If any person in the case of any declaration made in the presence of, or produced to, Registrar under Part III or in any document or other evidence produced to such Registrar---
	(i) wilfully makes or assists in making or procures to be made, any false statement concerning the title to or ownership of or the interest existing in any vessel or any share in a vessel; or	General	Penalty which may extend to two lakh rupees.
	(ii) utters, produces or makes use of any declaration or document containing any such false statement knowing the same to be false.
94.	If any person,---	General	Penalty which may extend to two lakh rupees.
	(a) forges or fraudulently alters any certificate of discharge or a certificate as to the work of a seafarer or a continuous discharge certificate or a copy of any such certificate; or
	(b) fraudulently uses any certificate of discharge or a certificate as to the work of a seafarer or a continuous discharge certificate or a copy of any such certificate which is forged or altered or does not belong to him.
95.	If any person wilfully destroys or mutilates or renders illegible any entry in an official logbook or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official logbook.	General	Penalty which may extend to two lakh rupees.
96.	If the master or owner or agent of a special trade passenger vessel, after having obtained any of the certificates referred to in Part VI, fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the vessel, or special trade passengers or other matters to which the certificate relates.	General	Penalty which may extend to one lakh rupees for the first contravention and five lakh rupees for every subsequent contravention.

(3) The offences mentioned in column (2) of the table below, shall be punishable to the extent mentioned in column (4) of the said table, with reference to such offences, respectively.

Table

Serial No.	Offences	Section to which offence is referred	Imprisonment or fine or both
(1)	(2)	(3)	(4)
1.	If any person causes a vessel to proceed to sea without a valid certificate of registration in contravention of section 15.	15	Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.
2.	If any person uses Indian national colour in contravention of sub-section (4) of section 37.	37(4)	Imprisonment which may extend to two years, or fine which may extend to two lakh rupees, or both.
3.	If an owner or a master of an Indian vessel knowingly conceals the Indian character of the vessel in contravention of section 38.	38	Imprisonment which may extend to two years, or fine which may extend to two lakh rupees, or both.
4.	If any person goes to sea without holding a certificate granted under the Act.	General	Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.
5.	If any person causes a vessel or sailing or fishing vessel to proceed to sea without the required certificated personnel.	General	Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.
6.	If any person carries on the business of recruitment and placement service agency in contravention of clause (a) of sub-section (2) of section 62.	62(2)(a)	Imprisonment which may extend to one year, or fine which may extend to five lakh rupees, or both.
7.	If any person demands or receives any remuneration from any seafarer or person in contravention of clause (c) of sub-section (2) of section 62.	62(2)(c)	Imprisonment which may extend to three months, or fine which may extend to five lakh rupees, or both.
8.	If any seafarer does or refuses or omits to do anything in contravention of section 97.	97	Imprisonment which may extend to two years, or fine which may extend to five lakh rupees or both.
9.	If any seafarer is guilty of an offence specified in clause (d) of sub-section (1) of section 99.	99(1)(d)	Imprisonment which may extend to one month and also for every twenty-four hours of continuance of such disobed-ience or neglect, forfeiture out of his wages of a sum not exc-eeding six days' pay or any exp-enses which may have been properly incurred in hiring a substitute.
10.	If any seafarer is guilty of an offence specified in clause (e) of sub-section (1) of section 99.	99(1)(e)	Imprisonment which may extend to three months, or fine which may extend to fifty thousand rupees or both.
11.	If any seafarer is guilty of an offence specified in clause (f) of sub-section (1) of section 99.	99(1)(f)	Forfeiture out of his wages of a sum equal to the loss sustained and also imprisonment which may extend to three months.
12.	If a seafarer on or before being engaged wilfully and fraudulently makes a false statement of the name of his last vessel or alleged last vessel or wilfully and fraudulently makes a false statement of his own name.	General	Fine which may extend to fifty thousand rupees.
13.	If any owner or master of an Indian vessel causes polluting substance to be discharged anywhere into the sea or owner or master of a foreign vessel causes polluting substance to be discharged within the coastal waters in contravention of section 133, then---	133
	(a) where the discharge is of oil and oily mixtures from vessels;	133	Fine which may extend to twenty-five lakh rupees, or imprisonment for a term which may extend to one year, or both, and such security as may be considered necessary for securing any damages that may arise in future;
	(b) where the discharge is of noxious liquid substances.	133	Fine which may extend to ten lakh rupees, or imprisonment for a term which may extend to six months, or both, and such security as may be considered necessary for securing any damages that may arise in future.
14.	If the owner, agent, master, charterer, operator, lessee or licensee of the vessel fails to comply with any notice issued under sub-section (2) of section 138.	138(2)	Imprisonment which may extend to six months, or fine which may extend to five lakh rupees, or both, and if the offence is a continuing one, the offender shall be liable to a further fine which may extend to fifty thousand rupees per day for every day during which the offence continues after conviction.
15.	If the owner of any Indian vessel or any equipment fails to comply with the directions of the Central Government issued under sub-section (1) of section 139.	139(1)	Imprisonment which may which may extend to five lakh rupees, or both, and if the offence is a continuing one, the offender shall be liable to a further fine which may extend to fifty thousand rupees per day for every day during which the offence continues after conviction.
16.	If the owner, manager, operator, company, pilot, harbour master, master, or other person in charge fails to give notice of a marine casualty to the officer in contravention of sub-section (2) of section 231.	231(2)	Fine which may extend to fifty thousand rupees and in default of payment, simple imprisonment which may extend to three months.
17.	If the master or owner or the operator of an Indian vessel or any ship other than an Indian vessel fails to report a wreck in contravention of sub-section (1) or sub-section (2) of section 236.	236(1), (2)	Fine which may extend to fifty thousand rupees and in default of payment, imprisonment which may extend to three months.
18.	If the owner or operator of a ship fails to immediately mark or maintain the mark of the wreck in contravention of sub-section (1) of section 238.	238(1)	Fine which may extend to two lakh rupees and in default of payment, imprisonment which may extend to six months.
19.	If the master permits a vessel to proceed to sea before such vessel is released from detention by any competent authority in contravention of sub-section (2) of section 290.	290(2)	Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.
20.	If the owner, master or agent of the vessel takes to sea any person authorised under this Act to detain or survey the vessel in contravention of sub-section (3) of section 290.	290(3)	Imprisonment which may extend to one year, or fine which may extend to two lakh rupees, or both.
21.	If the master or owner or agent permits a nuclear vessel to proceed to any port or place in contravention of sub-section (1) of section 298.	298(1)	Imprisonment which may extend to six months, or fine which may extend to ten lakh rupees, or both.
22.	If the master or owner or agent fails to comply with the order issued under sub-section (2) of section 298.	298(2)	Imprisonment which may extend to six months, or fine which may extend to ten lakh rupees, or both.
23.	If any owner of a ship fails to comply with directions of the Director-General under sub-section (1) of section 302.	302(1)	Imprisonment which may extend to six months, or fine which may extend to two lakh rupees, or both.

Section 282 Authority for imposition of penalty and procedure therefor.

(1) The authority for imposing the penalty under sub-section (2) of section 281 shall be the principal officer.

(2) Any person aggrieved by the order of the principal officer imposing the penalty under sub-section (1) may within a period of thirty days from the date of receipt of such order, prefer an appeal before the Director-General in such form and manner as may be prescribed.

(3) The Director-General shall dispose of such appeal within a period of thirty days from the date of receipt of the appeal.

(4) No such order shall be passed under this section unless the parties have been given a reasonable opportunity of being heard.

(5) Any contravention of the provisions of this Act for which penalty has been provided may be compounded for the first contravention by an officer designated by the Central Government by notification in this behalf.

(6) Notwithstanding anything contained in this Act, if any penalty imposed by the principal officer or the Director-General under this Part is not deposited, the amount shall be recovered as an arrear of land revenue.

Section 283 Place of trial and jurisdiction of court.

(1) Any person committing any offence under this Act or any rules made thereunder may be tried for such offence in any place in which he may be found or in any court which the Central Government may by notification, direct in this behalf, or in any court in which he might be tried under any other law for the time being in force.

(2) No court inferior to that of the Judicial Magistrate of the first class shall try any offence under sub-section (3) of section 281.

Section 284 Special provision regarding punishment.

Notwithstanding anything contained in section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for a Judicial Magistrate of the first class to pass any sentence authorised by or under this Act on any person convicted of an offence under this Act or any rules made thereunder.

Section 285 Appointment of Special Public Prosecutors.

The Central Government or the State Government may, by notification, appoint a person who is in practice as an advocate for not less than seven years as a Special Public Prosecutor for the purposes of any case or class of cases under this Act.

Section 286 Penalties in respect of masters or owners of special trade passenger vessels.

The penalties to which a master or owner of a special trade passenger vessel is liable under section 281 shall be enforced only on a report made by the proper officer in this behalf.

Explanation.---For the purposes of this section, "special trade passenger vessel" means a mechanically propelled vessel carrying more than thirty special trade passengers.

Section 287 Offences by companies.

(1) If the person committing an offence under this Act is 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 its business, 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 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 this Act 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 any 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" includes a co-operative society, a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

Section 288 Depositions to be received in evidence when witness cannot be produced.

(1) Where, the testimony of any witness is required in relation to any legal proceeding before any court or officer or authority under this Act, and the defendant or the person accused does not produce the witness, then any deposition previously made by the witness in relation to the same subject-matter before any court in India or, if elsewhere, before any Indian ambassador, shall be admissible in evidence---

(a) if the deposition is authenticated by the signature of the presiding officer of such court or ambassador, before whom it is made;

(b) if the defendant or the person accused had an opportunity by himself or his agent of cross-examining the witness;

(2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is proved, be sufficient evidence that he had that opportunity and that it was so made.

Section 289 Power to detain foreign vessel that has occasioned damage.

(1) Whenever any damage has in any part of the world been caused to property belonging to the Government or to any citizen of India or a company by a vessel other than an Indian vessel and that vessel is found within Indian jurisdiction, such vessel shall be detained by an order of the High Court upon an application alleging that the damage was caused by the misconduct or want of skill of the master or any other seafarer of that vessel.

(2) The order of detention under sub-section (1) shall remain in force until such time as the ship owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded.

(3) Whenever it appears that before an application can be made under this section, the vessel will have departed from India or the territorial waters of India, any proper officer may detain the vessel for such time as to allow the application to be made and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds.

(4) In any legal proceedings in relation to any damage referred to in sub-section (1), the person giving security shall be made a defendant and shall for the purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage.

Section 290 Power to enforce detention of vessel.

(1) Where under this Act a vessel is authorised or ordered to be detained, any commissioned officer of the Indian Navy or Indian Coast Guard or any port officer, police, pilot, harbour master, conservator of port or customs commissioner may detain the vessel under instructions of the proper officer.

(2) If any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this Act.

(3) When a vessel so proceeding to sea takes to sea any person authorised under this Act to detain or survey the vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this Act.

(4) When any owner or master or agent is convicted of an offence under sub-section (3), the court making the order of conviction may inquire and determine the amount payable on account of expenses by such owner, master or agent and may direct that the same shall be recovered from him in the manner provided for the recovery of fines.

Section 291 Levy of wages, etc., by distress of movable property or vessel.

(1) When an order under this Act for the payment of any wages or other sums of money is made by any court or other officer or authority and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such court.

(2) Where any court or other officer or authority has power under this Act to make an order directing payment to be made of any seafarer’s wages, fines or other sums of money, then, if the person so directed to pay the same is the master, owner or agent of a vessel and the same is not paid at the time or in the manner directed by such court or other officer or authority, the court or officer or authority may, in addition to any other power which it may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the vessel and her equipment.

Section 292 Service of documents.

Where, for the purposes of this Act, any document is to be served on any person, that document may be served---

(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of residence, or by post; and

(b) if the document is to be served on the master of a vessel, where there is one, by leaving the same for him onboard that vessel, with the person being or appearing to be in command or charge of the vessel; and

(c) if the document is to be served on the master of a vessel where there is no master and the vessel is in India, on the owner of the vessel, or, if such owner is not in India, on some agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place on the bridge.

Section 293 Birth and death of persons onboard vessel during a voyage.

The master of any vessel performing a voyage shall, on arrival at the next port or place of call, intimate the proper officer, the date of any birth or death of any person occurring during the voyage and the cause of death or any other relevant details, as the Central Government may by order, specify in this behalf.

Section 294 Inquiry into cause of death onboard or person missing from Indian vessel.

(1) If any person dies onboard or is missing from an Indian vessel, the master shall forthwith inform the Director-General and the proper officer of the port or the next port of call.

(2) On receipt of information under sub-section (1), the proper officer shall enquire into the cause of death and make an endorsement to that effect in the official logbook, either that the statement of the cause of death in the book is in his opinion true or the contrary according to the result of inquiry.

(3) If, in the course of any such inquiry, it appears to the proper officer that death is caused onboard the vessel by violence or other improper means, he shall either report the matter to the Director-General or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial.

Section 295 Certain persons deemed to be public servants.

The following persons shall be deemed to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), namely:---

(a) every surveyor;

(b) every person appointed under this Act to report information as to marine casualties under Part XI;

(c) every person authorised under this Act to make any investigation or inquiry and all persons whom he calls to his aid;

(d) every person directed to make an investigation into an explosion or fire on a vessel;

(e) every other officer or person appointed under this Act to perform any functions thereunder.

Section 296 Power of persons authorised to investigate, inquire, etc.

(1) Every person who is empowered by this Act to make an investigation or inquiry or to board, survey, inspect or detain a vessel,---

(a) may go onboard any vessel and inspect the same or any part thereof, or any of the machinery, equipment or articles onboard thereof, or any certificate of the master or other officer to which the provisions of this Act or any of the rules made thereunder apply, not unnecessarily detaining or delaying the vessel from proceeding on any voyage, and if in consequence of any incident to the vessel or for any other reason it is considered necessary so to do, may require the vessel to be taken into dock for the purpose of inspection or survey;

(b) may enter and inspect any premises, the entry and inspection of which appears to be requisite for the purpose of this section;

(c) may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine them for the purpose of this section, and may require answers or returns to any enquiries he thinks fit to make;

(d) may require and enforce the production of all relevant books, papers, or documents;

(e) may administer oaths or may in lieu of requiring or administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination; and

(f) may muster the crew of any such vessel.

(2) No person shall hinder or obstruct any officer or person referred to in sub-section (1) from going onboard any vessel or otherwise impede him in the execution of his duties or the exercise of his powers under this Act.

Section 297 Power to permit alternative provisions and arrangement.

Where this Act requires that the provisions or arrangements for a vessel shall meet the obligations under the convention, or otherwise, the Central Government may, after satisfying itself by trials or based on the convention or its protocol or its amendments or otherwise, that any such provision or arrangement is as effective as that so required, by order, direct or permit such other provisions or arrangements to be used or provided.

Section 298 Control of nuclear vessels and security measures.

(1) No nuclear vessel shall proceed to any port or place in India including territorial waters thereof without permission of the Central Government.

Explanation.---For the purposes of this sub-section, "nuclear vessel"means a vessel with a nuclear power plant.

(2) The Central Government may, by general or special order, issue such directions, as it deems fit, to the registered owners of the vessels, for taking such security measures as may be necessary.

Section 299 Exemption of Government vessels, foreign and Indian.

The Central Government may, by notification, direct that the provisions of this Act or any of them shall not apply to vessels belonging to the Government of any State or to any class of such vessels.

Section 300 Power to exempt.

(1) Notwithstanding anything contained in this Act, the Central Government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal or skipper or seafarer or port or any class of vessels, from any specified requirement contained in or prescribed in pursuance of this Act or dispense with the observance of any such requirement in the case of any such vessel or tindal or skipper or seafarer or port or any class of vessels, if it is satisfied that the requirement is substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case:

Provided that no exemption which is prohibited by the safety convention or pollution prevention convention shall be granted under this sub-section.

(2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this section.