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[112. Every person employed by the authority of this Act to be a public servant.—Every person
employed by the Authority or by a Board under this Act shall, for the purposes of sections 166 to 171
(both inclusive), 184, 185 and 409 of the Indian Penal Code (45 of 1860), and for the purpose of
Prevention of Corruption Act, 1988 (49 of 1988), be deemed to be a public servant within the meaning of
section 21 of the said Code.]
113. Penalty for contravention of sections 37, 38, 40 and 41.—Whoever contravenes the provisions
of any order issued under section 37 or section 38 or section 41 or fails to comply with any condition
imposed under section 40 shall be punishable with fine which may extend to 3
[ten thousand rupees], and
where the contravention or failure is a continuing one, with further fine which may extend to 4
[one
thousand rupees] for every day after the first during which such contravention or failure continues.
114. Penalty for setting up wharves, quays, etc., without permission.—Any person who
contravenes the provisions of section 46 shall be punishable with fine which may extend to 5
[ten thousand
rupees] for the first contravention, and with a further fine which may extend to 6
[one thousand rupees] for
every day after the first during which the contravention continues.
115. 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 vessel carrying any goods, to the Board—
(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
(b) removes or attempts to remove or abets the removal of such goods or such vessel;
shall be punishable with fine which may extend to 7
[ten times] the amount of rates so due subject to a
minimum of 8
[five hundred rupees].
1. Subs. by Act 15 of 1997, s. 25, for sub-section (1) (w.e.f. 9-1-1997).
2. Subs. by s. 26, ibid., for section 112 (w.e.f. 9-1-1997).
3. Subs. by Act 17 of 1982, s. 16, for “one thousand rupees” (w.e.f. 31-5-1982).
4. Subs. by s. 16, ibid., for “one hundred rupees” (w.e.f. 31-5-1982).
5. Subs. by s. 17, ibid., for “one thousand rupees” (w.e.f. 31-5-1982).
6. Subs. by s. 17, ibid., for “one hundred rupees” (w.e.f. 31-5-1982).
7. Subs. by s. 18, ibid., for “twice” (w.e.f. 31-5-1982).
8. Subs. by s. 18, ibid., for “fifty rupees” (w.e.f. 31-5-1982).
42
116. Recovery of value of damage to property of Board.—If, through the negligence of any person
having the guidance or command of any vessel, or of any of the mariners 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 any Board 1
[or any movable property belonging to any Board] the amount of such damage
shall, on the application of the Board be recoverable, together with the cost of 2
[such recovery in
accordance with the provisions of Part-XA of the Merchant Shipping Act, 1958 (44 of 1958)]:
117. 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 be punishable with fine which may extend to 3
[two thousand rupees].
4
[117A. Person interested in contracts, etc., with the Board to be deemed to have committed an
offence under section 168 of the Indian Penal Code.—Any person who, being a Trustee 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, any Board, shall be deemed to have committed an offence under
section 168 of the Indian Penal Code (45 of 1860):
Provided that nothing in this section shall apply to a person who deemed not to have a share or
interest in any contract or employment under the proviso to clause (d) of section 6].
118. Cognizance of offences.—No court inferior to that of a 5
[Metropolitan Magistrate or Judicial
Magistrate of the first class] shall try any offence punishable under this Act or any rule or regulation made
thereunder.
119. Offences by companies.—(1) If the person committing an offence under this Act is a company,
every person who, at the time the offence was committed was in charge of, and was responsible to, the
company for the conduct of business of the company, as well as the company, 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) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company 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, such director, manager, secretary, or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means a body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.