(a) revoke any order of cancellation or suspension made by it under [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 o suspension ordered by it under [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 [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) or 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 shall have the same effect as if it had been granted after examination.

378. Delivery of Indian certificate cancelled or suspended--- A master or ship’s officer who is the holder of a certificate issued under this Act shall, if such certificate has been cancelled or suspended by the Central Government or by a court or suspended by a Marine Board, deliver his certificate to the Central Governmen, court or Marine Board on demand or if it is not so demanded by the Central Government or court or Board, to the Director-General.

379. Effect of cancellation or suspension of certificate-- The cancellation or suspension of a certificate by the Central Government or by a court or the suspension of a certificate by a Marine Board, shall--

(a) if the certificate was issued under this Act, be effective everywhere and in respect of all ships; and

(b) if the certificate was issued outside India, be effective--

(i) within India and the territorial waters of India, in respect of alll ships; and

(ii) outside India, in respect of Indian ships only.

380. Suspended certificate not to be endorsed-- If the certificate of a master or ship’s officer is suspended under this Part by the Central Government or by a court or a Marine Board, no endorsement shall be made to that effect on the said certificate.

381. Power of Central Government to cancel or suspend other certificates-- Notwithstanding anything contained in this Act, the Central Government may, at any time, without any formal investigation or inquiry, cancel or suspend any certificate granted by it under this Act, other than a certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to act in the grade for which the certificate was granted to him.

Provided that no order under this 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.

382. Re-hearing-- (1) Whenever an investigation or inquiry has been held by a court or by a Marine Board under this Part, the Central Government may order the case to be re-heard either generally or as to any part thereof, and shall so order--

(a) if new and important evidence which could not be produced at the investigation has been discovered, or

(b) if for any other reason there has, in its opinion, been a miscarriage of justice.

(2) The Central Government may order the case to be re-heard by the court or Marine Board, as the case may be, consisting of the same members or other members as the Central Government may deem fit.

383. Constitution of court of survey-- (1) A court of survey of a port shall consist of a judge sitting with two assessors.

(2) The judge shall be a district judge, judge of a court of small causes, [Metropolitan Magistrate, Judicial Magistrate of the first class] or other fit person appointed in this behalf by the Central Government either generally or for any specified case.

(3) The assessors shall be persons of nautical, engineering or other special skill or experience.

(4) Subject to the provisions of Part IX as regards ships other than Indian ships, one of the assessors shall be appointed by the Central Government either generally or in each case and the other shall be summoned by the judge in the manner prescribed out of a list of persons from time to time prepared for the purpose by the Central Government or, if there is no such list or if it is impracticable to procure the attendance of any person named in such list, shall be appointed by the judge.

384. Appeal from surveyor to court of survey-- (1) If a surveyor authorised to inspect a ship--

( a) makes a statement in his report of inspection with shich the owner or his agent or the master of the ship is dissatisfied, or

(b) gives notice under this Act of any defect in any ship, or

(c) declines to give any certificate under this Act,

the owner, master on agent, as the case may be, may, subject to the provisions of sub-section (2) and of section 387, appeal to a court of survey.

(2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so requires, be accompained on the inspection by some person nominated by the owner, master or agent, as the case may be, and if the person so nominated agrees with the surveyor as to the statement made or the notice given by the surveyor or the refusal by the surveyor of the refusal by the surveyor to give a certificate, there shall be no appeal to a court of survey, from that statement, notice or refusal.

385. Powers and procedure of court of survey-- (1) The judge shall on receiving notice of appeal or a reference from the Central Government inmmediately summon the assessors to meet forthwith in the prescribed manner.

(2) The court of survey shall hear every case in open court.

(3) The judge may appoint any competent person to survey the ship and report thereon to the court.

(4) The judge shall have the same powers as the Central Government has to order the ship to be released or finally detained; but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released.

(5) The owner and master of the ship and any person appointed by the owner or master and also any person appointed by the Central Government may attend any inspection or sruvey made in pursuance of this section.

(6) The judge shall report the proceedings of the court in each case to the Cent ral Government in the manner prescribed and each assessor shall either sign such report or report to the Central Government the reasons for his dissent.

386. Power to make rules-- The Central Government may make rules for carrying out the purpose of this Part with respect to a court of survey and in particulars, and without prejudice to the generality of the foregoing power, with respect to--

(a) the procedure of the court;

(b) the requiring, on an appeal, of secruity for costs and damages;

(c) the amount and application of fees; and

(d) the ascertainement, in case of dispute, of the proper amount of costs.

387. Reference in difficult cases to scientific persons-- (1) If the Central Government is of opinion that an appeal to a court of survey involves a question of construction or design or a scientific difficulrty or important principle, it may refer the matter to such one or more out of a list of scientific referees to be from time to time prepared by the Central Government as may appear to possess the special qualification necessary for the particular case and may be selected by agreement between a person duly appointed by the Central Government in this behalf and the appallant, or in deault of any such agreement, by the Central Government; and thereupon the appeal shall be determined by the referee of refereees instead of by the court of survey.

(2) The Central Government, if the appellant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or referees selected as aforesaid.

(3) The referee or referees shall have the same powers as a judge of the court of survey.

388. Power to investigate causes of explosion or fire on board ship--

Whenever any explosion or fire occurs on board any ship on or near the coasts of India, the Central Government may direct that an investigation into the causes of explosion or fire be made by such person or persons as it thinks fit.

389. Report to be made regarding cause of explosion or fire-- The person of persons referred to in section 388 may go on board the ship on which the explosion or fire has occured with all necessary workmen and labourers, and remove any portion of the ship, or of the machinery thereof, for the purpose of the investigation, and shall report to the Central Government or the person duly appointed by it, as the case may be, what in his or their opinion was the cause of the explosion or fire.

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