The Recycling of Ships Act, 2019
Administered Ministry: Ministry of Shipping
Section
Section 21 Safe and environmentally sound management of hazardous materials.
Every Ship Recycler shall,--
(a) ensure safe and environmentally sound removal and management of hazardous materials from a ship; and
(b) comply with such requirements related to basic infrastructure facilities including those related to environmentally safe disposal or management of wastes and hazardous materials, in such manner as may be specified by the regulations.
(a) ensure safe and environmentally sound removal and management of hazardous materials from a ship; and
(b) comply with such requirements related to basic infrastructure facilities including those related to environmentally safe disposal or management of wastes and hazardous materials, in such manner as may be specified by the regulations.
Section 22 Obligation on Ship Recycler to take measures for protection of environment.
(1) Every Ship Recycler shall,--
(i) ensure that there is no damage caused to the environment in any form due to the recycling activities at the ship recycling facility; and
(ii) take necessary measures for protection of the environment.
(2) In case of oil spill in the facility, the Ship Recycler shall be served a notice by the Competent Authority to take remedial action in such manner as may be specified by the regulations.
(3) For contravention of the provisions of this section, the Ship Recycler shall be liable to pay such environmental damages and cleanup operation compensation in such manner as may be prescribed.
(i) ensure that there is no damage caused to the environment in any form due to the recycling activities at the ship recycling facility; and
(ii) take necessary measures for protection of the environment.
(2) In case of oil spill in the facility, the Ship Recycler shall be served a notice by the Competent Authority to take remedial action in such manner as may be specified by the regulations.
(3) For contravention of the provisions of this section, the Ship Recycler shall be liable to pay such environmental damages and cleanup operation compensation in such manner as may be prescribed.
Section 23 Statement of completion.
When a ship is recycled in accordance with the provisions of this Act, a statement of completion containing such particulars as may be specified by the regulations shall be submitted by the Ship Recycler to the Competent Authority.
Section 24 Report to National Authority.
The Competent Authority shall give report to the National Authority, from time to time, which shall include information comprising the list of approved facilities, list of ships which have not complied with the provisions of this Act and action taken on such ships and list of ships recycled, as may be required by the National Authority.
Section 25 Appeal against decision of Competent Authority.
(1) Any person who is aggrieved by any decision made by the Competent Authority or the authorised surveyor or any authorised organisation or authorised person may file an appeal to the National Authority within a period of thirty days from the date of receipt of such decision in such manner as may be prescribed:
Provided that in respect of matters under any other law for the time being in force for which an appellate provision exists, in such law, then the appellant shall file the appeal to the authority specified in such law.
(2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed.
Provided that in respect of matters under any other law for the time being in force for which an appellate provision exists, in such law, then the appellant shall file the appeal to the authority specified in such law.
(2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed.
Section 26 Appeal against decision of National Authority.
(1) Any person who is aggrieved by any decision made by the National Authority may file an appeal to the Central Government within a period of thirty days from the date of receipt of such decision in such manner as may be prescribed.
(2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed.
(2) The appeal filed under sub-section (1) shall be disposed of in such manner as may be prescribed.
Section 27 Power to search and seize records, etc.
(1) If the National Authority or the Competent Authority has reason to believe that an offence under this Act has been or is being committed at any ship recycling facility, such Authority or any officer authorised therefor in this behalf may, subject to the rules and regulations made under this Act, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such ship recycling facility and examine any record, register, document, equipment or any other material object found therein and seize the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this Act.
Section 28 Power to inspect, dismiss, exclude or detain a ship.
(1) The National Authority or Administration or any Survey authorised by it, may inspect any ship, at a reasonable time, while at any port or within Indian waters:
Provided that any such inspection shall be only for the purpose of verifying that there is on board either a certificate on inventory of hazardous materials or a ready for recycling certificate.
(2) The National Authority may dismiss, exclude or detain the ship from its ports or within Indian waters in case of,--
(a) failure to carry a valid certificate on inventory of hazardous materials or a valid ready for recycling certificate or both, as applicable; or
(b) non-compliance with the control measures for hazardous materials notified by the Central Government.
(3) A ship detained under sub-section (2) shall remain under detention till such time until the non-compliance is rectified or till such time until permission is granted by the National Authority for such detained ship to proceed to an appropriate repair yard or port, without danger to the ship, environment or persons on board.
(4) Any Commissioned Officer of the Indian Navy or Indian Coast Guard or any Port Officer, Pilot, Harbour Master, Conservator of Port or Customs Collector may detain the ship, the detention of which is authorised or ordered to be detained under this Act.
Provided that any such inspection shall be only for the purpose of verifying that there is on board either a certificate on inventory of hazardous materials or a ready for recycling certificate.
(2) The National Authority may dismiss, exclude or detain the ship from its ports or within Indian waters in case of,--
(a) failure to carry a valid certificate on inventory of hazardous materials or a valid ready for recycling certificate or both, as applicable; or
(b) non-compliance with the control measures for hazardous materials notified by the Central Government.
(3) A ship detained under sub-section (2) shall remain under detention till such time until the non-compliance is rectified or till such time until permission is granted by the National Authority for such detained ship to proceed to an appropriate repair yard or port, without danger to the ship, environment or persons on board.
(4) Any Commissioned Officer of the Indian Navy or Indian Coast Guard or any Port Officer, Pilot, Harbour Master, Conservator of Port or Customs Collector may detain the ship, the detention of which is authorised or ordered to be detained under this Act.
Section 29 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 any class thereof, ship recycling facility or Ship Recycler from any specified requirement contained in or prescribed in pursuance of this Act or dispense with the observance of any such requirement, if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed within the circumstances of the case.
(2) Where an exemption granted under sub-section (1) is 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 Act.
(2) Where an exemption granted under sub-section (1) is 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 Act.
Section 30 Act not to apply to certain ships.
The provisions of this Act shall not apply to such category of Indian ships, as the Central Government may, from time to time, by notification specify:
Provided that such ships shall be required to act in such manner as may be prescribed.
Provided that such ships shall be required to act in such manner as may be prescribed.
Section 31 Punishment for contravention of provisions of Act or rules or regulations.
1[Punishment] for contravention of provisions of Act or rules or regulations.---(1) Whoever 2[installs] or uses any prohibited hazardous material in a ship in contravention of the provisions of this Act or rules or regulations made thereunder shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five lakh rupees or with both.
3* * * * *
(3) Whoever contravenes the provisions of sub-section (1) of section 17 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(4) Whoever contravenes the provisions of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(5) Whoever fails to ensure safe and environmentally sound removal and management of any hazardous material from a ship in accordance with the regulations shall be punishable with an imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or with both.
4[(6) Whoever fails to respond within twenty-four hours of issuance of third notice for taking remedial action for oil spill under sub-section (2) of section 22, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten lakh rupees or with both.]
(3) Whoever contravenes the provisions of sub-section (1) of section 17 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(4) Whoever contravenes the provisions of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(5) Whoever fails to ensure safe and environmentally sound removal and management of any hazardous material from a ship in accordance with the regulations shall be punishable with an imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or with both.
4[(6) Whoever fails to respond within twenty-four hours of issuance of third notice for taking remedial action for oil spill under sub-section (2) of section 22, shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten lakh rupees or with both.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for "Penalty" (w.e.f. 01.07.2026).
2. Subs. by s. 2 and Sch., ibid., for "instals" (w.e.f. 01.07.2026).
3. Sub-section (2) omitted by s.2 and Sch., ibid. (w.e.f. 01.07.2026).
4. Subs. by s. 2 and Sch., ibid., for sub-section (6) (w.e.f. 01.07.2026).
2. Subs. by s. 2 and Sch., ibid., for "instals" (w.e.f. 01.07.2026).
3. Sub-section (2) omitted by s.2 and Sch., ibid. (w.e.f. 01.07.2026).
4. Subs. by s. 2 and Sch., ibid., for sub-section (6) (w.e.f. 01.07.2026).
Section 32 Penalty for contravention of provisions of this Act or rules or regulations.
1[32. Penalty for contravention of provisions of this Act or rules or regulations.--- (1) Whoever contravenes the provisions of section 12 shall be liable to penalty which may extend to ten lakh rupees.
(2) Whoever fails to respond to the notice issued for taking remedial action for oil spill under sub-section (2) of section 22 shall be liable to a penalty, which may extend to---
(i) five lakh rupees, in case of no response within twelve hours of issuance of first notice; and
(ii) ten lakh rupees, in case of no response within twenty-four hours of issuance of second notice.
(3) Whoever contravenes any of the provisions of this Act or any rules or regulations made thereunder, for which no specific punishment or penalty has been provided in this Act, shall be liable to penalty which may extend to two lakh rupees.]
(2) Whoever fails to respond to the notice issued for taking remedial action for oil spill under sub-section (2) of section 22 shall be liable to a penalty, which may extend to---
(i) five lakh rupees, in case of no response within twelve hours of issuance of first notice; and
(ii) ten lakh rupees, in case of no response within twenty-four hours of issuance of second notice.
(3) Whoever contravenes any of the provisions of this Act or any rules or regulations made thereunder, for which no specific punishment or penalty has been provided in this Act, shall be liable to penalty which may extend to two lakh rupees.]
1. Subs. by Act 8 of 2026, s. 2 and Sch. for s.32 (w.e.f. 01.07.2026).
Section 32A Adjudication of Penalties.
1[32A. Adjudication of penalties.---(1) For the purpose of adjudicating penalties under section 32, the Central Government shall appoint an officer not below the rank of Deputy Secretary to the Government of India as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:
Provided that the Central Government may appoint as many adjudicating officers as may be required:
Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by the order of the adjudicating officer under sub-section (1), may within thirty days from the date of receipt of such order, prefer an appeal to an officer at least one rank higher than the adjudicating officer who shall be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.
(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
Provided that the Central Government may appoint as many adjudicating officers as may be required:
Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by the order of the adjudicating officer under sub-section (1), may within thirty days from the date of receipt of such order, prefer an appeal to an officer at least one rank higher than the adjudicating officer who shall be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.
(3) The appellate authority may admit an appeal after the expiry of the said period of thirty days, if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as he may deem fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
1. Subs. by Act 8 of 2026, s. 2 and Sch. for s.32 (w.e.f. 01.07.2026).
Section 33 Punishment for other offences.
(1) If any ship, after detention or after service of any notice or order for such detention, proceeds to sea before it is released by the National Authority, the owner or master of the ship shall be guilty of an offence under this Act.
(2) Whoever restrains or detains or forcibly takes to sea, any person authorised under this Act to detain or survey the ship, on the execution of his duty, the owner, master or agent of such ship 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.
(2) Whoever restrains or detains or forcibly takes to sea, any person authorised under this Act to detain or survey the ship, on the execution of his duty, the owner, master or agent of such ship 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.
Section 34 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, provided in this Act, if he proves that the offence was committed without his knowledge or 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 co-operative society, firm or other association of individuals; and
(b) "director" means a whole time director in the company and in relation to a firm means a partner in the firm.
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 or 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 co-operative society, firm or other association of individuals; and
(b) "director" means a whole time director in the company and in relation to a firm means a partner in the firm.
Section 35 Offences to be non-congnizable, bailable and compoundable.
1[35. Offences to be non-cognizable, bailable and compoundable.---(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), every offence under this Act shall be non-cognizable, bailable, and compoundable.
(2) Any offence punishable under sub-sections (1), (3), (4) and (5) of section 31, may, before or after the institution of prosecution, be compounded by an officer designated by the Central Government by notification in this behalf, on payment for credit to the Central Government of such sum and in such manner as may be prescribed:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in case of subsequent offence, the same shall not be compounded under subsection (2).
(3) The officer referred to in sub-section (2) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.
(4) Every application for the compounding of an offence shall be made in such form and manner as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.
(6) Where the compounding of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (2), in writing, to the notice of the court in which the prosecution is pending and on such notice for compounding the offence being given, the person against whom the offence is so compounded shall be discharged.
(7) Any person who fails to comply with the order of compounding made by the officer referred to in sub-section (2), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to the fine provided for the said offence.
(8) No offence punishable under this Act shall be compounded except in accordance with the provisions of this section.]
(2) Any offence punishable under sub-sections (1), (3), (4) and (5) of section 31, may, before or after the institution of prosecution, be compounded by an officer designated by the Central Government by notification in this behalf, on payment for credit to the Central Government of such sum and in such manner as may be prescribed:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in case of subsequent offence, the same shall not be compounded under subsection (2).
(3) The officer referred to in sub-section (2) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.
(4) Every application for the compounding of an offence shall be made in such form and manner as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.
(6) Where the compounding of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (2), in writing, to the notice of the court in which the prosecution is pending and on such notice for compounding the offence being given, the person against whom the offence is so compounded shall be discharged.
(7) Any person who fails to comply with the order of compounding made by the officer referred to in sub-section (2), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to the fine provided for the said offence.
(8) No offence punishable under this Act shall be compounded except in accordance with the provisions of this section.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for s. 35 (w.e.f. 01.07.2026).
Section 36 Cognizance of Offences.
No court shall take cognizance of an offence under this Act except on a complaint made by--
(a) the Central Government;
(b) the National Authority or an officer authorised in this behalf; or
(c) the Competent Authority or an officer authorised in this behalf.
(a) the Central Government;
(b) the National Authority or an officer authorised in this behalf; or
(c) the Competent Authority or an officer authorised in this behalf.
Section 37 Amount payable by owner, master or agent.
When any owner or master or agent is convicted of an offence under sub-section (2) of section 33, the amount payable on account of expenses by such owner or master or agent shall be determined and recovered in such manner as may be prescribed.
Section 38 Place of trial and jurisdiction of court.
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.
Section 39 Compensation.
(1) Where a ship is unduly detained or delayed as a result of an inspection or investigation without any reasonable cause, then, such ship shall be entitled to compensation for any loss or damage suffered thereby.
(2) The rate of compensation referred to in sub-section (1), the method of calculation and the manner of payment of such compensation shall be such as may be prescribed.
(3) For the purpose of adjudging compensation under this section, the Central Government may, by notification, nominate an officer of the Central Government, not below the rank of Joint Secretary to the Government of India, to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned an opportunity of being heard.
(2) The rate of compensation referred to in sub-section (1), the method of calculation and the manner of payment of such compensation shall be such as may be prescribed.
(3) For the purpose of adjudging compensation under this section, the Central Government may, by notification, nominate an officer of the Central Government, not below the rank of Joint Secretary to the Government of India, to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned an opportunity of being heard.