Chapter XVI OFFENCES AND 1[PUNISHMENTS]

(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:— [Table of offences for Sections 8, 14(1), 18(1), 19(1), 24(3), 27, 28(2), 29, 30, 32(1), 34(2), 35, 40(1) and (4), 44, 47, 48, 49 and 50(1), 51(2), 52(2) and (3), 53(4), 54(2) and (5), 55(4), 57, 58(2), 66, 74(2), 79(2), 80, 82, 83, 97, 102 as printed in the Act]. (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 Rs. 3,00,000 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.

–(1) For the purpose of adjudicating penalties under section 87, the State Government shall appoint an officer not below the rank of Under Secretary to the Government of India or an officer of an equivalent rank in the State Government as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the State Government may appoint as many adjudicating officers as may be required:

¹ Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 30.06.2026).

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

1. (2) Whoever is aggrieved by an 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 such officer at least one rank higher than the adjudicating officer appointed by the State Government as an appellate authority, in such form and manner as may be prescribed.
2. (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.
3. (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.
4. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
5. (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) Where an offence under this Act has been committed by a company or a limited liability partnership firm or any such arrangement, every person who, at the time the offence was committed was in-charge of, and was responsible to the company or the limited liability partnership firm or any such arrangement, for the conduct of the business, and the company or the limited liability partnership firm or any such arrangement, 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, 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 or a limited liability partnership firm or any such arrangement 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 partner or other officer of the company or the limited liability partnership firm or any such arrangement, as the case may be, such director, manager, secretary or partner or other officer, as the case may be; shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(1) Unless otherwise specified, the State Government shall collect, the fees and additional fees for the services provided under this Act and any other charges or payment made to it against payments towards penalties, at such rates and intervals, as may be prescribed by the State Government. (2) The State Government shall appoint or authorise such officers, or constitute such offices within its jurisdictions, by notification, to act as single point collection offices within the districts or ports, considering proximity and convenience of remittance. (3) The procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature shall be such as may be prescribed by the State Government. (4) The owner, operators or their representatives, as the case may be, shall remit the fees or additional fees in such manner and at such rates as may be prescribed by the State Government. (5) All fees payable under this Act may be recovered as fine under this Act.

No court shall take cognizance of any offence under this Act, except on a complaint in writing made by the Central Government or any officer authorised by the State Government, as the case may be, for this purpose.