370. Powers of court as to certifciate granted by the Central Government-- (1) A certificate of a master, mate or engineer whcih has been granted by the Central Government under this Act may be cancelled or suspended--

(a) by a court holding a formal investigation into a shipping casualty under this Part if the court finds that the loss, stranding or abandonment of, or damage to, any ship, or loss of life, has been caused by the wrongful act or default of such master, mate or engineer;

(b) by a court holding an inquiry under this Part into the conduct of the master, mate or engineer if the court finds that he is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348.

(2) At the conclusion of the investigation or inquiry, or as soon therafter as possible, the court shall state in open sitting the decision to which it may have come with respect to the cancellation or suspension of any certificate and, if suspension is ordered, the period for which the certificate is suspended.

(3) Where the court cancels or suspends a certificate, the court shall forward it to the Central Government together with the report it is required by this Part to transmit to it.

371. Power of court to censure master, mate or engineer-- Where it appears to the court holding an investigation or inquiry that having regard to the circumstances of the case an order of cancellation or suspension under section 370 is not justified, the court may pass an order censuring the master, mate or engineer in respect of his conduct.

372. Power of court to remove master and appoint new master-- (1) A [judicial Magistrate of the first class ] specially empowered in this behalf by the Central Government or a [Metropolitan Magistrate], may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary.

(2) The removal may be made upon the appliation of the owner of any ship or his agent, or of the consignee of the ship, or of any certificated officer or of one third or more of the crew of the ship.

(3) The [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiciton, such an appointment shall not be made without the consent of that owner, agent or consignee.

(4) The [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] may also make such order and require such security in respect of the costs of the matter as he thinks fit.

373. Conventing of Marine Boards outside India-- Whenever--

(a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian Navy in the vicinitiy (hereinafter referred to as naval officer) by the master or any member of the crew of an Indian ship and such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immeidate investigation; or

(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or naval officer, as the case may be, to require it; or

(c) an allegation of incompetency or misconduct is made to an Indian consular officer or a naval officer, against the master or any of the officers of an Indian ship; or

(d) any Indian ship is lost, abandoned or stranded at or near the place where an Indian consular officer or naval officer may be or whenever the crew or part of the crew of any Indian ship which has been lost, abandoned or stranded arrives at that place; or

(e) any loss of life or any serious injury to any person has occurred on board an Indian ship at or near that place;

the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convence a Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury to the person.

374. Constitution and procedure of Marine Board-- (1) A Marine Board shall consist of the officer convening the Board and two other members.

(2) The two other members of the Marine Board shall be appointed by the officer convening the Marine Board from among persons conversent with maritime or mercantile affairs.

(3) The officer convening the Marine Board shall be the presiding officer thereof.

(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate its own procedure.

375. Decisions of Marine Board to be by majority-- Where there is a difference of opinion among members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.

376. Powers of Marine Board-- (1) A Marine Board may, after investigating and hearing the case--

(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the owner of an Indian Ship or of the owner of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead;

(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348 or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship’s officer of an Indian ship, suspend the certificate of that master or ship’s officer for a stated period.

Provided that no such certificat shall be suspended unless the master or officer concerned has been furnished with a statement of the case in respect of which investigation has been ordered and he has also been given an opportunity of making a defence either in person or otherwise;

(c) discharge a seaman from an Indian ship and order the wages of any seaman so discharged or any part of those wages to be forfeited;

(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings;

(e) direct that any or all of the costs incurred by the master or owner of an Indian ship or on the maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned;

(f) if it considers such a step expedient, order a survey to be made of any Indian ship which is the subject of investigation;

(g) order the costs of proceedings before it or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivoulous or unjustified complaint to pay comensation for any loss or delay caused thereby; and any costs or compensation so ordered to be paid by any person shall be paid by that person accordingly and may be recovered in the same manner in which wages of seaman are recoverable or may be deducted from the wages due to that person.

(2) All orders made by a Marine Board shall, whenever practicable, be entered in the official log book of the ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the Board.

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 authoirty reports that the master, mate or engineer is incompetent or has been quilty of any gross act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render assistance, or to give such information as is referred to in section 348, or that the loss, stranding or abandonment of, or damage to, any ship or loss or 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-liable offence;

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

(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,--