Suspension and Cancellation of Certificates Granted Under The Act
45. Power for State Government to suspend or cancel certificates in certain cases. -
1[Any certificate granted or any endorsement made under Chapter III may be suspended or cancelled by the Government of the State in which the certificate was granted or; as the case may be, in respect of which the endorsement was made, in the following cases, namely] -
(a) if, on any investigation made under this Act, the Court reports that the wreck or abandonment of, or loss or damage to, any vessel, or loss of life, has been caused by the wrongful act' or default of the holder of such certificate, or that the holder of such certificate is incompetent, or has been guilty of any gross act of drunkenness, tyranny or other misconduct, or
(b) if the holder of such certificate is proved to have been convicted of any non-bailable offence, or
2[(bb) if the holder of such certificate is proved to have deserted his vessel or has absented himself, without leave and without sufficient reason, from his vessel or from his duty; or]
(c) if, in the case of a person holding a certificate of competency or service as secondclass master or scrang, or as engine-driver, such person is or has become, in the opinion of the State Government, unfit to act as a second-class master or serang or as an engine-driver, as the case may be: Provided that a certificate 3[or endorsement] shall not be suspended or cancelled under clause (a), unless the State Government is satisfied that the holder of the certificate has, before the commencement of the investigation, been furnished with a copy of the report or statement of the case as required by section 34 or section 35, as the case may be.