RS Act 31Chapter IX · Offences, Penalties and Compensation
Section 31 · Penalty for contravention of provisions of Act or rules or regulations
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(1) Whoever instals
or uses any prohibited hazardous material in a ship in contravention of the provisions of this Act or rules or regulations made thereunder shall be punishable with imprisonment for a term which may extend to
three months or with fine which may extend to five lakh rupees or with both.
(2) Whoever contravenes the provisions of section 12 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(3) Whoever contravenes the provisions of sub-section (1) of section 17 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(4) Whoever contravenes the provisions of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(5) Whoever fails to ensure safe and environmentally sound removal and management of any hazardous material from a ship in accordance with the regulations shall be punishable with an imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or with both.
(6) Whoever fails to respond to the notice issued for oil spill under sub-section (2) of section 22 shall be punishable--
(i) with a fine which may extend to five lakh rupees in case of non response within twelve hours of issuance of first notice;
(ii) with a fine which may extend to ten lakh rupees in case of non response within twenty-four hours of issue of second notice; and
(iii) with an imprisonment which may extend to three months and with a fine which may extend to ten lakh rupees in case of non response beyond twenty-four hours of issue of third notice.
(2) Whoever contravenes the provisions of section 12 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(3) Whoever contravenes the provisions of sub-section (1) of section 17 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(4) Whoever contravenes the provisions of sub-section (1) of section 18, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten lakh rupees or with both.
(5) Whoever fails to ensure safe and environmentally sound removal and management of any hazardous material from a ship in accordance with the regulations shall be punishable with an imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees or with both.
(6) Whoever fails to respond to the notice issued for oil spill under sub-section (2) of section 22 shall be punishable--
(i) with a fine which may extend to five lakh rupees in case of non response within twelve hours of issuance of first notice;
(ii) with a fine which may extend to ten lakh rupees in case of non response within twenty-four hours of issue of second notice; and
(iii) with an imprisonment which may extend to three months and with a fine which may extend to ten lakh rupees in case of non response beyond twenty-four hours of issue of third notice.
The offence at a glance
- Maximum punishment
- 1 year
- Fine
- ₹10,00,000
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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