Chapter XI PENALTIES

Persons employed under this Act to be public servants for certain purposes.—Every person employed by the Board under this Act shall, for the purposes of sections 166 to 171, 184, 185 and 409 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and for the purposes of the Prevention of Corruption Act, 1988 (Central Act 49 of 1988), be deemed to be a public servant within the meaning of section 21 of the said Code.

Penalty for contravention of sections 26, 27, 28 and 30.—Whoever contravenes the provisions of any order issued under sections 26, 27 or 28 of this Act or fails to comply with any condition imposed under section 30 shall, on conviction, be punishable with fine which may extend to ten thousand rupees and where the contravention or failure is a continuing one with further fine which may extend to one thousand rupees for each day after the first, during which such contravention or failure continues.

Penalty for setting up wharves, quay, etc., without permission.—Any person who contravenes the provisions of section 34 shall, on conviction, be punishable with fine which may extend to ten thousand rupees for the first contravention, and with a further fine which may extend to one thousand rupees for each day after the first during which the contravention continues.

Penalty for evading rates, etc.—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,—

1. (a) understates or incorrectly gives 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
2. (b) removes or attempts to remove or abets the removal of such goods or such vessel, shall, on conviction, be punishable with fine which may extend to twice the amount of rates so due subject to a minimum of five hundred rupees.

Recovery of value of damage to property of Board.—If, through negligence of any person having the guidance or command of any vessel, or of any mariner 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 boat's masts, spares, ropes, cables, anchors or stores belonging to such vessel: Provided that no Magistrate shall issue such warrant until the master of the vessel has been duly summoned to appear before him and, if he appears, until he has been heard: Provided further that no such warrant shall be issued if the vessel was at the time under the orders of a duly authorised employee of the Board and the damage caused was attributable to the order, improper act or omission of such employee.

Member or employee of the Board not to acquire share or interest.— Any person who, being a member or 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 punishable with simple imprisonment for a term which may extend to one year, or with fine or with both.

Other offences.—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, on conviction, be punishable with fine which may extend to two thousand rupees.

Cognizance of offences.—

1. (1) All offences under this Act shall be investigated, inquired into, tried and dealt with otherwise according to the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
2. (2) No court shall take cognizance of an offence under this Act except on a report in writing by the Chief Executive Officer.

Offences by Companies, Body corporates and Co-operative Societies.—

1. (1) If the person committing an offence under this Act is a company, body corporate or co-operative society, every person who, at the time the offence was committed was in charge of, and was responsible to, the company, body corporate or co-operative society for the conduct of the business of such company, body corporate or co-operative society, as well as the company, body corporate or co-operative society, 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. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, body corporate or co-operative society 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, body corporate or co-operative society such Director, Manager, Secretary or other officer of the company, body corporate or co-operative society shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:—For the purpose of this section,—
   • (a) "company" means a company incorporated under the Companies Act, 2013 (Central Act 18 of 2013) or incorporated under a previous Company Law.
   • (b) "body corporate" means a group of people authorised by law to act as a legal personality and having its own powers, duties and liabilities and includes a company incorporated outside India.
   • (c) "co-operative society" means a society registered under any law relating to co-operative societies.
   • (d) "director" in relation to a firm, means a partner in the firm.