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Section 87 - Inland Vessels Act, 2021
The Inland Vessels Act, 2021
Chapter XVI
Offences and Penalties
87. Offences and penalties.-
(1) Whoever, contravenes any of the provisions of this Act, shall be punishable with penalty as mentioned in the third column of the Table provided in sub-section (2).
(2) The classification of offences for contravention of the provisions of this Act and the corresponding penalties therefor shall be as provided in the following Table, namely:-
Section | Offence | Penalty |
(1) | (2) | (3) |
| 8 | Any owner, operator or construction yard, found guilty of construction, alteration or modification of mechanically propelled inland vessel in contravention of section 8. | Fine which may extend to ten thousand rupees for every non-compliance found. |
| 14 (1) | Owner, operator or master of any mechanically propelled inland vessel, using such vessel, without a valid certificate of survey has acted in contravention of sub-section (1) of section 14. | Fine which may extend to ten thousand rupees for the first offence and twenty-five thousand rupees for subsequent offences. |
| 18 (1) | Owner, operator or master of any mechanically propelled inland vessel proceeding on any voyage or use a mechanically propelled inland vessel required to be registered, for any service, without a valid certificate of registration and in contravention of sub-section (1) of section 18. | Fine which may extend to ten thousand rupees for the first offence and fifty thousand rupees for subsequent offences. |
| 19 (1) | Owner or master who does not carry a valid certificate of registration or not making the same available for inspection, has acted in contravention of sub-section (1) of section 19. | Fine which may extend to ten thousand rupees for every non-compliance found. |
| 24 (3) | Owner not displaying the official number on the conspicuous part of a vessel has acted in contravention of sub-section (3) of section 24. | Fine which may extend to ten thousand rupees. |
| 27 | Owner, operator or any person responsible for the operation of the vessel, has acted in contravention of section 27. | Fine which may extend to ten thousand rupees for the first offence and twenty-five thousand rupees for subsequent offences. |
| 28 (2) | Owner, operator or master of any mechanically propelled inland vessel not registering the details of alterations that are mandated to be registered as specified in sub-section (2) of section 28. | Fine which may extend to ten thousand rupees for the first offence and twenty-five thousand rupees for subsequent offences. |
| 29 | Owner or operator of any mechanically propelled inland vessel, who does not comply with the requirements or has acted in contravention of section 29. | Fine which may extend to five hundred rupees for every day of non-compliance. |
| 30 | Owner of any mechanically propelled inland vessel, has acted in contravention of section 30. | Fine which may extend to ten thousand rupees per day or imprisonment which may extend to one year, or with both. |
| 32 (1) | Owner of any mechanically propelled inland vessel, has acted in contravention of sub-section (1) of section 32. | Fine which may extend to five thousand rupees for every day of non-compliance. |
| 34 (2) | Owner or operator on whose vessel, persons under the age of eighteen years are employed, has acted in contravention of sub-section (2) of section 34. | Fine which may extend to five thousand rupees for every day of non-compliance or imprisonment not exceeding six months, or with both. |
| 35 | Owner or operator of any mechanically propelled inland vessel without complying with the specified minimum manning scale has acted in contravention to section 35. | Fine which may extend to ten thousand rupees for the first offence and twenty-five thousand rupees for subsequent offences. |
| 40 (1) and (4) | The holders of certificate of competency, has acted in contravention to the provisions of this Act or not surrendered the suspended, cancelled or varied certificate issued under non-submission of suspended or cancelled certificates. | Fine up to five thousand rupees per day or imprisonment extending up to six months, or with both. |
| 44 | Owner or operator or any person responsible for the operation of special category vessel, which does not comply with the provisions of Chapter VII. | Fine which may extend to ten thousand rupees for every day of non-compliance or imprisonment extending up to six months, or with both. |
| 47 | Owner, operator or master of any mechanically propelled vessel registered, recognised or identified under this Act, for not equipping the vessels or exhibiting the lights and signals specified under Chapter VIII. | Fine which may extend to ten thousand rupees for the first offence and twenty-five thousand rupees for subsequent offences. |
| 48 | Owner, operator or master not ensuring safe navigation or causing damage due to non-observance of regulations. | Fine which may extend to twenty-five thousand rupees. |
| 49 and 50 (1) | Owner, operator or master of any mechanically propelled vessel plying in inland waters abstaining from proceeding to render assistance after answering to the distress signal. | Fine which may extend to ten thousand rupees. |
| 51 (2) | The owner, operator or master of any mechanically propelled inland vessel proceeding to conduct any voyage without complying with the requirements of navigation aids, life-saving appliances, fire detection and extinguishing appliances and communication appliances as specified under sub-section (2) of section 51. | Fine which may extend up to fifty thousand rupees. |
| 52 (2) and (3) | The owner, operator or master of any mechanically propelled vessel causing pollution by discharging or dumping of pollutants in inland waters. | Fine which may extend to fifty thousand rupees. |
| 53 (4) | The owner, operator or master of any mechanically propelled vessel, who are required under this Act to possess a valid prevention of pollution certificate, plying or using the vessel without the said valid certificate. | Fine which may extend to twenty-five thousand rupees. |
| 54 (2) and (5) | The owner or operator of any reception facility who does not comply with the standards and obligations stipulated. | Fine which may extend to fifty thousand rupees. |
| 55 (4) | The owner or operator of the terminal who operates without complying with the notice issued under sub-section (4) of section 55. | Fine which may extend to ten thousand rupees per day of non-compliance beyond period of notice. |
| 57 | Any owner, operator or any person who intentionally cause wreck within inland waters. | Fine amounting to fifty thousand rupees and imprisonment which may extend to three years. |
| 58 (2) | Any person who is guilty of offence committed by contravention of sub-section (2) of section 58. | Fine which may extend to ten thousand rupees. |
(3) Any person who acts in contravention of the provisions of this Act or the rules made thereunder, but for which an offence is not specifically provided in this Act, shall be punishable with fine not exceeding three lakh rupees or with imprisonment up to a term which may extend to three years, or with both.
(4) Where the owner or master of any mechanically propelled inland vessel is convicted of an offence under this Act or any rule made thereunder, committed on board, or in relation to that mechanically propelled vessel, and is sentenced to pay a fine, the Magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of the mechanically propelled vessel, or its appurtenance so much thereof as is necessary.
(5) Where an inland vessel has been used in contravention of the provisions of this Act or the rules made thereunder, the details of the offence, the offender and the vessel shall be recorded in such form and manner, as may be specified by the Central Government by notification.
(6) The State Government shall appoint courts not inferior to that of a Magistrate of the first class, for the purpose of conducting trial of any person who is charged of any offence as provided under this Act or the rules made thereunder.