Chapter XIII OFFENCES AND PENALTIES

(1) Whoever, intentionally commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to Rs. 1,00,000, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation.

(1) Whoever, negligently commits any act or omits to do any act, which results in obstruction of, or reduction in, or limitation of, the effectiveness of, any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to three months or with fine which may extend up to Rs. 50,000, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the obstruction, reduction or limitation.

(1) Whoever, intentionally commits any act or omits to do any act, which results in damage to or destruction of any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to twelve months or with fine which may extend up to Rs. 5,00,000, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the damage or destruction.

(1) Whoever, negligently commits any act or omits to do any act, which results in damage to or destruction of any aid to navigation or vessel traffic service, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to Rs. 1,00,000, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the damage or destruction.

(1) Whoever, commits any act or omits to do any act, which results in damage to or destruction of any heritage lighthouse, shall be liable to imprisonment for a term which may extend up to six months or with fine which may extend up to Rs. 1,00,000, or with both. (2) Notwithstanding anything contained in sub-section (1), no person shall be liable for punishment, if that— (a) act or omission was necessary to save a life or a vessel; and (b) such person took all reasonable steps to avoid the destruction, fouling, damage, reduction or limitation.

Every owner or master of a ship, who evades or attempts to evade the payment of marine aids to navigation dues, expenses or costs payable in respect of the ship under this Act, shall be liable for fine, which may extend up to five times the amount of the sum so payable.

1. (1) For the purpose of adjudicating penalties under sections 41 and 42, 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. (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 the Director General in such form and manner as may be prescribed.
3. (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. (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. (5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
6. (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 certain words (w.e.f. 08-07-2026).

² Subs. by s. 2 and Sch., ibid., for “liable for punishment” (w.e.f. 08-07-2026).

³ Subs. by s. 2 and Sch., ibid., for “for fine” (w.e.f. 08-07-2026).

⁴ Ins. by s. 2 and Sch., ibid. (w.e.f. 08-07-2026).

Every owner or master of a ship, who fails to comply with any direction issued by a vessel traffic service provider relating to a vessel traffic service under this Act, shall be liable to fine which may extend up to Rs. 1,00,000.

(1) No court shall take cognizance of any offence under this Act, except upon a complaint in writing made by any officer authorised in this behalf by the Central Government. (2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.

Whoever, commits any offence under this Act or any rules made thereunder, may ordinarily be inquired into and tried by a court within whose local jurisdiction— (a) such offence was committed; or (b) such person may be found; or (c) in any court which the Central Government may, by notification, direct in this behalf; or (d) in any court in which he might be tried under any other law for time being in force.

(1) The Central Government may, after previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) duties of the Director General under section 5; (b) procedure and conduct of business of Central Advisory Committee and sub-committees constituted under sub-section (5) of section 6; (c) manner of appointment of the Competent Authority under sub-section (2) and its functions under sub-section (3), of section 12; (d) standards for establishment and operation of vessel traffic services under section 13; (e) ancillary activities relating to aids to navigation under sub-section (1) and ancillary activities relating to vessel traffic services under sub-section (2), of section 18; (f) form and manner of certificate, to be issued and the conditions subject to which such certificate is to be issued by the accredited training organisation and validated by the Director General under section 19; (g) criteria for accreditation of training organisation under sub-section (2) of section 20; (h) manner of marking wrecks under section 21; (i) manner of recovering cost from the owner of the vessel for marking the wreck under section 22; (j) development of heritage lighthouses designated under sub-section (2) of section 23; (k) manner of, collection of marine aids to navigation dues by proper officer levied under sub-section (2) and crediting the proceeds of the dues so collected under sub-section (3), of section 24; (l) form and manner of filing return under sub-section (4) of section 24; (m) manner of payment of marine aids to navigation dues to the Central Government under sub-section (1) of section 26; (n) manner of production of documents, appearance of any person and inspection of any vessel by proper officer under sub-section (4) of section 27; (o) rates of fees for special services under section 34; (p) form and manner of statement of estimated receipts and expenditure to be prepared in consultation with the Comptroller and Auditor-General of India under sub-section (2) of section 36; (q) any other matter which is required to be, or may be, prescribed, for the purposes of carrying out the purposes of this Act.

The Central Government may delegate to any of its officers all or any of the functions and powers conferred upon it under this Act.

(1) Notwithstanding anything contained in this Act, the Director General shall, in the discharge of his functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give to him in writing from time to time. (2) The decision of the Central Government whether a question is one of policy or not shall be final.

The Director-General appointed under the Merchant Shipping Act, 2025 may issue such directions as may be necessary, to the Director General appointed under this Act for the purposes of implementation of this Act.

No suit, prosecution or other proceedings shall lie against the Central Government or any officer appointed under this Act for anything done or in good faith purporting to be done under this Act or the rules made thereunder.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Every rule made and every notification issued under this Act shall be laid, as soon as may be after it is made or issued, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule, or notification or both Houses agree that the rule, should not be made or the notification should not be issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

(1) The Lighthouse Act, 1927 (17 of 1927) is hereby repealed. (2) Notwithstanding the repeal of the Lighthouse Act, 1927 (17 of 1927) (herein referred to as the repealed Act),— (a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the repealed Act shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this Act; (b) any office established or created, officer appointed and anybody elected or constituted under the repealed Act shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this Act; (c) any document referring to the repealed Act shall be construed as referring to this Act or to the provision of this Act; (d) any fine levied under the repealed Act may be recovered as if it had been levied under this Act; (e) any offence committed under the repealed Act may be prosecuted and punished as if it had been committed under this Act; (f) any proceeding pending before any court under the repealed Act may be tried or disposed of under the corresponding provisions of this Act; (g) the officers appointed under the provisions of the repealed Act and continuing during the commencement of this Act shall continue as if they have been appointed under this Act; (h) any person appointed under or by virtue of the repealed Act shall be deemed to have been appointed to that office under or by virtue of this Act; (i) any inspection, investigation or inquiry ordered to be done under the provisions of the repealed Act shall continue to be proceeded with as if such inspection, investigation or inquiry was ordered to be done under the corresponding provisions of this Act.