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The Indian Antarctic Act, 2022

Chapter IX — OFFENCES AND PENALTIES

Section 41Penalty for contravention of certain provisions of Act by person

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Section 41: Penalty for contravention of certain provisions of Act by person

41. Penalty for contravention of certain provisions of Act by person

Any person who contravenes the provisions of,---

(a)

section 4 or section 5 or section 8 or section 12 or section 18 or section 19 or section 20 or section 21 or sub-section (4) of section 29 or section 36 or section 37, shall be punishable with imprisonment for a term which may extend to two years, or with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees, or with both;

(b)

section 7 or section 9 or section 10, shall be punishable with imprisonment for a term which may extend to seven years and with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees;

(c)

section 17, shall be punishable, with—

(i)

an imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life and with fine which shall not be less than fifty crore rupees for any nuclear explosion in Antarctica; and

(ii)

an imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life and with fine which shall not be less than twenty-five crore rupees for disposal of any radioactive waste material in Antarctica.

(d)

section 11 or section 16 or section 33 or section 35, shall be punishable with imprisonment for a term which may extend to three years, or with fine which shall not be less than fifteen lakh rupees but which may extend to seventy-five lakh rupees, or with both;

(e)

section 14 [or sub-section (2) of section 32], shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with both.

(f)

any person who obstructs any inspection team authorised under section 31 in the lawful exercise of any functions of inspection conferred by or under this Act in Antarctica, shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with both:

Provided that obstruction shall not include any act or omission arising from physical or mental incapacity, unintentional conduct, or circumstances beyond the control of a person.

Amendment notes (2)
  1. 1Subs Subs. by Act 8 of 2026, S. 2 and Sch., for “or section 32” (w.e.f. 30.09.2026).
  2. 2Ins Ins. by s. 2 and Sch., ibid. (w.e.f. 30.09.2026).