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Investigations
& Enquiries - Preliminary inquiry: - When an officer appointed
under the Act receives information about the Shipping casualty,
he is required to conduct a Preliminary inquiry into the accident.
The purpose of the preliminary enquire is to establish the following:-
a)
a shipping casualty has occurred within the meaning of the act,
b)
the details of the voyage leading to the casualty
c)
The events that led to the casualty
d)
The extent to which loss of life or loss of property has occurred
due to the shipping casualty.
e)
The causes that led to the casualty including acts of incompetency,
negligence or misconduct of the person / persons concerned.
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The
preliminary inquiry which is held under Section 359 of the M.S.
Act is a departmental inquiry and the proceedings of such enquiries
are not released to the public.
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In
conducting the preliminary inquiry, the inquiry officer has
the following responsibilities :
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To
inform the central government and the state government concerned
where necessary of the details of the shipping causalities
occurring within their jurisdiction.
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To
go on board the Ship and inspect the same including machinery
and equipment but not unnecessarily detaining or delaying
her from proceedings on any voyage.
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to
enter and inspect any premises to facilitate the completion
of the preliminary inquiry.
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To
summon persons he thinks fit to take statement to complete
the preliminary inquiry.
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To
demand the production of all logbooks, documents or papers
he considers necessary for the inquiry.
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To
submit a report to the central government.
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If
any person refuses to attend and answer or to produce necessary
evidence or impede the inquiry officer should call his attention
to the powers given to him. In case he still refuses, he can
take action under Chapter X of the Indian Penal Code.
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Persons
who may be present at the examination:- Where the owner or agent
of a ship, a casualty to which is being investigated, signifies
his desire to be present during the inquiry, he may be permitted
to be present but only while witnesses belonging to the ships
in which he is directly interested but only while witnesses
belonging to his ships in which he is directly interested are
being examined and he must be requested to remain silent. He
may take note of evidence, if he desires but should not interfere
examination of a witness. Barring this, no person is to be present
in the room during the examination of the witness excepting
the deponent, the officer conducting the inquiry and his clerk
and if necessary an interpreter. Professional lawyers are not
admitted into the proceedings of preliminary inquiry.
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Formal
investigation: whenever it appears that the event leading to
a ship casualty, demand a formal investigation by the court,
the Director General of Shipping by virtue of powers delegated
to him under Section 360 of M.S. Act may direct the same to
be held. On receipt of the order of the Director General the
proper officer shall make an application to the court as empowered
under Section 361. The objective of the court empowered
under Section 361 is not to punish anyone who may have been
at fault but to throw light on the cause of the causality and
to consider steps to prevent such causalities in future. Only
first class Magistrates are empowered to conduct these formal
investigations.
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The
courts are assisted by assessors possessing the requisite technical
knowledge and are independent of all the interest concerned.
The assessors are appointed by the court out of the list which
is maintained by the Directorate.
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Where
formal investigation involves or appears likely to involve any
question regarding cancellation or suspension of Certificate
of Competency of Master, Mate or Engineer, the court shall be
assisted by not less than 2 assessors having the requisite experience
in Merchant Marine Service.
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Apart
from the officer on whose application the investigation is undertaken
and any person upon whom a notice of investigation has been
served any other interested parties may be permitted to appear
at investigation and become a party to the proceedings.
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On
the appointed time and place for holding the investigation the
court can proceed with investigation, whether the parties upon
whom notices of investigation have been served are present or
not.
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Report
of the court. Unless the cancellation or suspension of any officers'
certificate is not involved, the court need not tell its decision
in open court. It may sent or deliver to the parties a copy
of the report as required by Section 369 of the M.S. Act to
be transmitted to the central government. The court should submit
its report to the central government in duplicate. Where the
cancellation of suspension of officers certificate of Competency
is involved, the court may deliver its decision in open court
and also send or deliver to the parties a copy of the report
to be transmitted to the central government. When the certificate
is suspended and the court has recommended that a certificate
of lower grade should be issued, the same shall be issued by
the Directorate General of Shipping through the Principal Officer
concerned .
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Powers
to cancel Certificate of Competency. The Certificate of competency
may also be cancelled by central government under provision
of Section 377 of the M.S. Act.
