Section 23 of The Coastal Shipping Act, 2025 in hindi
Any licensee or agent, who fails to comply with any direction of the Director-General under sub-section (1) of section 35, shall be liable for penalty which may extend to five lakh rupees, or two times the value of all fees or commission or payments received by such licensee or agent for all voyages conducted in contravention of such direction, whichever is greater, and the vessel shall also be liable for detention under section 29.
Summary
- Any licensee or agent who fails to obey a direction given by the Director-General under Section 35(1) is liable for a penalty.
- The penalty can extend up to five lakh rupees, or two times the total fees, commission, or payments received for all voyages conducted in violation of the direction, whichever is greater.
- The vessel involved is also liable to be detained under Section 29.
- This section covers directions related to routing, passenger/cargo classes, cargo priority, and port bans.
Practical examples
FAQ
1. Whose directions must a licensee or agent comply with to avoid a penalty under Section 23?
They must comply with the directions of the Director-General of Shipping issued under Section 35(1) of the Act.
2. What is the maximum financial penalty for ignoring the Director-General's directions?
The penalty can extend to five lakh rupees, or two times the fees, commission, or payments received for voyages conducted in violation, whichever is greater.
3. Can a ship's agent be held liable under Section 23, or only the owner?
Both the licensee (which includes the owner/operator) and the agent of the vessel can be held liable for non-compliance.
Test yourself
Q1.Under Section 23 of The Coastal Shipping Act, 2025, what is the maximum baseline financial penalty for a licensee or agent who fails to comply with a direction of the Director-General under Section 35(1)?
Q2.Under Section 23 of The Coastal Shipping Act, 2025, if an agent violates a route diversion order issued under Section 35(1) and earns six lakh rupees from that voyage, what is the maximum penalty they can face?
Q3.Under Section 23 of The Coastal Shipping Act, 2025, which of the following is a type of direction under Section 35(1) that triggers a penalty if disobeyed?
Q4.Under Section 23 of The Coastal Shipping Act, 2025, what enforcement action can be taken against the vessel if the licensee or agent fails to comply with a direction?