In force · As amended up to 2026-08
(7) Notwithstanding anything contained in this Act, if penalty imposed by the Principal Officer of the Mercantile Marine Department under Sub-Section (3) or order of the Director-General under SubSection (5), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
1[436A. Power to make rules.— The Central Government may, subject to the condition of previous publication, make rules prescribing the form and manner of appeal against the order of Principal Officer of the Mercantile Marine Department under sub-section (4) of section 436.]
Procedure
131. If the owner fails to comply with section 425 Fine which may extend to 425. two hundred rupees.
(5) The Director-General may, after giving the parties an opportunity of being heard, within a period of thirty days from the date of receipt of the appeal under Sub-Section (4), pass appropriate order.
(4) Whoever aggrieved by an order of the Principal Officer under Sub-Section (3), may, within a period of thirty days from the date of receipt of such order, prefer an appeal before the Director-General in such form and manner as the Central Government may prescribe.
period of thirty days from the date of receipt of such order, prefer an appeal before the
1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 10-9-2024).
2. Ins. by s. 2 and Schedule, ibid . (w.e.f. 10-9-2024).
(6) Any contravention of the provisions of this Act for which penalty has been prescribed may be compounded for the first contravention by the Principal Officer referred to in Sub-Section (3) or such other Officer as may be notified by the Central Government in the Official Gazette in this behalf:
Provided that where any such contravention has been compounded, the sum shall not, in any case, exceed the maximum amount of the penalty which may be imposed for such contravention.
1. Subs. by Act 59 of 2003, s. 5, for "oil" (w.e.f. 1-3-2004).
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may―
1 [(a) prescribe the limits of ballast, and designate noxious liquid substances, under clauses (a) and (h), respectively, of section 356B;
(b) prescribe the forms in which, the duration for which and the conditions subject to which, various international pollution prevention certificates shall be issued under section 356PC;
(bb) prescribe the period within which, the manner in which and the conditions for making surveys of oil tankers or other ships prior to issuing an international pollution prevention certificate and the requirements as to equipment which are to be fitted for prevention of pollution by an oil tanker and other ship under section 356E;]
(c) prescribe the forms of[2] [record books] for tankers and other Ships the manner in which such books shall be maintained, the nature of the entries to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto for the purposes of section 356F;
(d) prescribe the fees which may be levied for inspection of[3] [various equipments required under the Convention] and the manner in which such fees may be collected;
4* * * * *
5 [(ee) any other matter which, for the implementation of the Convention, has to be or may be prescribed.]
6[PART XIB
CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS
1. Part IV omitted by Act 66 of 1986, s. 3 (w.e.f. 3-4-1987).
2. Subs. by Act 43 of 1961, s. 2, for "either" (w.e.f. 28-9-1981).
1[(b) a company or a body established by or under any Central or State Act which has its principal place of business in India; or
(c) a co-operative society which is registered or deemed to be registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State.]
2[(3) The penalty prescribed for the contravention of any provision of this Act shall be imposed by
the Principal Officer of the Mercantile Marine Department:
Provided that no penalty under this Section shall be imposed unless the parties have been given a reasonable opportunity of being heard.
1. The word "and" omitted by Act 12 of 1983, s. 8 (w.e.f. 18-5-1983)
2. Ins. by s. 8, ibid . (w.e.f. 18-5-1983).
3. The brackets and figure "(1)" omitted by Act 25 of 1970, s. 3 (w.e.f.21-7-1968).
4. Omitted by s. 3, ibid. (w.e.f. 21-7-1968).
5. Ins. by s. 4, ibid . (w.e.f.21-7-1968).
6. Subs. by Act 21 of 1966, s. 7, for "passenger ships" (w.e.f. 28-5-1966).
7. Ins. by Act 69 of 1976, s. 21 (w.e.f. 1-12-1976).
(3) The powers conferred on the Central Government by this section shall be in addition to the powers conferred by any other provision enabling it to prescribe the requirements that[1] [passenger or cargo ships] shall comply with.
Prevention of collisions
Source: India Code