23. Offences
(a) whoever undertakes any reconnaissance operation, or exploration operation, or production operation in an offshore area without a reconnaissance permit, or a composite licence, or an exploration licence, or a production lease, as the case may be, shall be punishable with imprisonment for a term which may extend to five years, or with fine of five lakh rupees, which may extend to ten lakh rupees, or with both;
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Explanation.---For the purposes of [clauses (a)], the amount of fine provided shall be in respect of each standard block of such part of the offshore area where such reconnaissance operation, or exploration operation, or production operation is undertaken.
Any vessel, together with its gear, boats, stores and cargo, used or employed in violation of section 5, along with any mineral recovered or processed in violation of that section, if any, shall be confiscated.
Whoever ships, transports, offers for sale, sells, purchases, imports, exports, or has custody, control or possession of, any mineral recovered, processed or retained in violation of this Act or any rule made thereunder shall be [punishable] with imprisonment which may extend to three years, or with fine which may extend to three years, or [with fine of twenty-five lakh rupees, which may extend to fifty lakh rupees], or with both.
Whoever—
intentionally obstructs any authorised officer referred to in section 22 in the exercise of any powers conferred under this Act; or
fails to afford reasonable facilities to the authorised officer referred to in section 22 or his assistant to board the vessel or enter the mine or to provide for adequate security to such officer or assistant at the time of entry into the vessel or mine or when they are on board such vessel or mine; or
fails to stop the vessel or mine or to produce the licence, permit, log book or any other document, as the case may be, on board such vessel, or mine, when required to do so by the authorised officer referred to in section 22; or
interferes with, delays, or prevents, by any means, the lawful apprehension of any person under this Act, shall be [punishable with imprisonment which may extend to five years, or with fine of two lakh rupees, which may extend to five lakh rupees], or with both.
[(2A) Whoever, having been convicted of an offence under sub-section (1) or sub-section (2), is again convicted of an offence under that sub-section, shall, in addition to the punishment provided therefor, be punishable with additional fine which may extend to one lakh rupees for each day during which he continues to commit that offence.]
Whoever contravenes the provisions of the rules made under clause (pa) of sub-section (2) of section 35 shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than fifty lakh rupees, which may extend to one crore rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to five lakh rupees for every day during which such contravention continues after conviction for the first such contravention.
Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of section 28 within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both.
Amendment notes (9)
- 1Subs w.e.f. 17-8-2023 Subs. by Act 17 of 2023, s. 18, for cls. (a) and (b) (w.e.f. 17-8-2023).
- 2omitted w.e.f. 1-8-2026 Cl. (b) omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).
- 3Subs w.e.f. 1-8-2026 Subs. by Act 8 of 2026, s. 2 and Sch., for “clauses (a) and (b)” (w.e.f. 1-8-2026).
- 4Subs w.e.f. 17-8-2023 Subs. by Act 17 of 2023, s. 18, for “punished” (w.e.f. 17-8-2023).
- 5Subs w.e.f. 17-8-2023 Subs. by s. 18, ibid., for “with fine which may extend to fifty lakh rupees” (w.e.f. 17-8-2023).
- 6Subs Subs. by s. 18, ibid., for “punished with imprisonment for a term which may extend to five years, or with fine which may
- w.e.f. 17-8-2023 extend to fifty thousand rupees” (w.e.f. 17-8-2023).
- 7Ins w.e.f. 17-8-2023 Ins. by s. 18, ibid. (w.e.f. 17-8-2023).
- 8Subs w.e.f. 1-8-2026 Subs. by Act 8 of 2026, s. 2 and Sch., for sub-sections (3) and (4) (w.e.f. 1-8-2026).