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THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION) ACT, 2002

Title : THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION) ACT, 2002

Year : 2002



(1) (a) Whoever undertakes any reconnaissance operation, exploration operation or production operation in offshore area without any permit, licence or lease, as the case may be, granted under this Act shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.

(b) A permittee, licensee or lessee who does not furnish any data, information or document under sub-section (2) of section 5, in the manner provided therein, shall be punished with imprisonment which may extend to three years, or with fine which may extend to twenty-five thousand rupees, or with both.

(c) 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.
 
(d) 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 there under shall be punished with imprisonment which may extend to three years, or with fine which may extend to fifty lakh rupees, or with both.

(2) Whoever-

(a) Intentionally obstructs any authorised officer referred to in section 22 in the exercise of any powers conferred under this Act; or

(b) 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

(c) 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

(d) Interferes with, delays, or prevents, by any means, the lawful apprehension of any person under this Act, shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both.

(3) Whoever contravenes any other provision of this Act or rules made there under, other than those specified in sub-sections (1) and (2) shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to one crore rupees, or with both, and in the case of continuing contravention, with an additional fine which may extend to five lakh rupees for every day during which such contravention continues.



(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the 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 any punishment provided in this Act, if he proves that the offence was committed without his knowledge and that he had 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 is attributable to, any neglect 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 anybody corporate and includes a firm or other association of individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.



Notwithstanding anything contained in other law for the time being in force, any person committing an offence under this Act or any rule made there under or under any of the enactment extended under this Act or under the rules made there under shall be tried for the offence in such place as the Central Government may, by general or special order published in the Official Gazette, direct in this behalf.



No prosecution for an offence committed under this Act shall be instituted except with the previous sanction of the Central Government or such officer or authority as may be authorised by the Central Government, by order in writing in this behalf.



Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act shall be triable by the Court of Session.

Last updated on August, 2016

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