Chapter X PENALTIES

Every person employed by the Board under this Act shall, for the purposes of sections 161 to 171 (both inclusive), 184, 185 and 409 of the Indian Penal Code, and for the purposes of the Prevention of Corruption Act, 1947, be deemed to be a public servent within the meaning of section 21 of the said Code.

Whoever contravenes the provision of any order issued under section 27 or section 29 or fails to comply with any condition imposed under section 30 shall be punishable with the fine which may extend to one thousand rupees and where the contravention or failure is a continuing one with further fine which may extend to one hundred rupees for every day after the first during which such contravention or failure continues.

Any person who contravenes the provisions of section 35 shall be punishable with fine which may extend to one thousand rupees for the first contravention, and with a further fine which may extend to one hundred rupees for every day after the first during which the contravention continues.

Any person who with the intention of evading payment of the rates lawfully due in respect of any goods or vessels carrying any goods, to the Board- (a) understates or incorrectly give the weight, quantity, value or description of such goods, or the tonnage of such vessel in any document presented to any employee of the Board for the purpose of enabling him to determine such rates; or (b) remove or attempts to remove or abets the removal of such goods or such vessel; shall be punishable with fine which may extend to twice the amount of rates so due subjects to a minimum of Rs. 50.

If, through the negligence of any person having the guidance or command of any vessel, or of any of mariners or persons employed on such vessel, any damage is caused to any dock, wharf, quay, mooring, stage, jetty, pier or other work in the possession of the Board or any movable property belonging to the Board the amount of such damage shall, on the application of the Board be recoverable together with the cost of such recovery, by distress and sale under a Magistrate's warrant, of a sufficient portion of the boats, masts, spares, ropes, cables, anchors or stores belonging to such vessel: Provided that no Magistrate shall issue such a warrant until the master of the vessel has been duly summoned to appear before him and if he appears until he has been heard; and provided also that no such warrant shall issue if the vessel was at the time under the orders of a duly authorised employees of the Board and the damage caused was attributable to the order, act or improper omission of such employee.

Any person who, being a member of an employee of the Board, acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Board, shall be deemed to have committed an offence under section 168 of the Indian Penal Code: Provided that nothing in this section shall apply to a person who is deemed not to have a share or interest in any contract or employment under the proviso to clause (d) of section 4.

Any person who contravenes any of the provisions of this Act or of any rule, regulation or order made thereunder for the contravention of which no penalty is expressly provided thereunder, shall be punishable with fine which may extend to two hundred rupees.

No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act or any rule or regulation made therunder.

(1) If the person committing an offence under this Act is a company, every per son who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of 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 such 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 has been committed with the consent or connivance of, or that the commission of the offence is attributable to any negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company 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 a 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.