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Miscellaneous provisions relating to cancellation and suspension of certificates

377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engineer.-

(1) Any certificate which has been granted by the Central Government under this Act to any master, mate or engineer, may be cancelled or suspended for any specified period, by the Central Government in the following cases, that is to say,-

(a) if, on any investigation or inquiry made by any court, tribunal or other authority for the time being authorised by the legislative authority in any country outside India, the court, tribunal or other authority reports that the master, mate or engineer is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render assistance, or to given such information as is referred to in section 348, or that the loss, stranding or abandonment of, or damage to, any ship or loss of life has been caused by his wrongful act or default;

(b) if the master, mate or engineer is proved to have been convicted-

(i) of any offence under this Act or of any non-bailable offence committed under any other law for the time being in force in India; or

(ii) of an offence committed outside India, which, if committed in India, would be a non-bailable offence;

(c) if (in the case of a master of an Indian ship) he has been superseded by the order of any court of competent jurisdiction in India or outside India.

1[(1A) Any certificate within the meaning of clause (b) of section 87A may be cancelled or suspended for any specified period by the Central Government if the person to whom such certificate has been granted has contravened the provisions of sub-section (1) or sub-section (2) of section 87B: Provided that no order under this sub-section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.]

(2) The Central Government may at any time, if it thinks the justice of the case so requires,-

(a) revoke any order of cancellation or suspension made by it under 2[sub-section (1) or sub-section (1A) or] set aside any order of cancellation or suspension made by a court under section 370 or any order of suspension made by a Marine Board under clause (b) of sub-section (1) of section 376 or any order of censure made by a court under section 371; or

(b) shorten or lengthen the period of suspension ordered by it under 2[sub-section (1) or sub-section (1A) or] by a court under section 370 or by a Marine Board under clause (b) of sub-section (1) of section 376 or cancel a certificate suspended by a Marine Board under that clause; or

(c) grant without examination a new certificate of the same or any lower grade in the case of any certificate cancelled or suspended by it under 2[sub-section (1) or sub-section (1A) or] by a court under section 370 or any certificate suspended by a Marine Board under clause (b) of sub-section (1) of section 376: Provided that no order under clause (b) either lengthening the period of suspension of or cancelling a certificate shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.

(3) A certificate granted under clause (c) of sub-section (2) shall have the same effect as if it had been granted after examination.



Merchant Shipping (Amendment) Act, 1986 Back




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