M.S.ACT

 Whenever a shipping accident takes place and comes under the purview of M.S.Act as a shipping casualty, the master, the pilot or persons in charge of ship at the time of casualty is required to give notice of this casualty to officer appointed by the government under the section 358(2) of the M.S.Act. The proper officers appointed by the government are notified in the official gazette.

             Preliminary enquiry:- When an officer appointed under the Act received information about the shipping casualty, he is required to conduct a preliminary inquiry about the accident. The purpose of the preliminary enquiry is to establish the following:

(a)  A shipping casualty has occurred within the meaning of Act.

(b)  The details of the voyage leading to the casualty.

(c)   Events that led to the casualty

(d)  Extent to which loss of life or loss of property has occurred due to shipping casualty

(e)  The causes that led to the casualty including act of incompetency, negligence or misconduct of person or persons is concerned

     The preliminary enquiry, which is held under section 359 of M.S.Act is departmental enquiry and the proceedings of such enquiries are not released to public. In conducting the preliminary enquiry, the officer has the following responsibilities:

(1)  To inform the central government and the state government concerned where necessary of the detail of the shipping casualties occurring within their jurisdiction

(2)  To go on board the ship and inspect the same including machinery and equipment, but not unnecessarily detaining or delaying her from proceeding on any voyage

(3)  To enter and inspect any premises to facilitate the completion of the preliminary enquiry

(4)  To summon persons he thinks to take statement to complete the preliminary enquiry

(5)  To demand the production of all log books, documents or papers he considers necessary for the enquiry

(6)  To submit the report to central government

           If any person refuses to attend and answer or to produce necessary evidence or to impede the enquiry, officer should call his attentions to the power given to him. In case he still refuses, he can take action under chapter X of the Indian Penal Code.

        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 but only while witness belonging to the ships at 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 witnesses. Barring this, no person is to be present in room during the examination of the witness excepting the deponent. The officer conducting the enquiry and his clerk and if necessary an interpreter. Professional lawyers are not admitted in to the proceedings of preliminary enquiry or formal investigation. Whenever it appears that the event leading to ship casualty, demand a formal investigation by court, the D.G.Shipping, by virtue of power delegated to him under section 360 of M.S.Act may direct the same to be held. On receipt of the order of director general the proper officer shall make an application to the court of empowered under 361. the objective of court empowered under 361 is not to punish anyone who may have been at fault, but to throw light on the cause of casualty and to consider steps to prevent such casualties in future. Only first class magistrates are empowered to conduct these formal investigations.

       The courts are assisted by assessors having the requisite technical knowledge and are independent of all the interest concerned. The assessor are appointed by the court out of the list which is maintained by the directorate.

        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 two assessors having the requisite experience in merchant marine service.

         Apart from the officer on whose application this investigation is undertaken, 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.

         On the appointment time and place for holding investigation, the court can proceed with investigating witness the parties upon whom notice of investigation have been served are present or not.

        Report of 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 send or deliver to the parties a copy of the report as required by 369 of M.S.Act to be transmitted to the central government. The court should submit its report to the central government in duplicate. Where cancellation or 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. Where the certificate is suspended and the court has recommended a certificate of lower grade should be issued, the same shall be issued by D.G.Shipping through the principal officer concerned.

             The power to cancel certificate of competency – The certificate of competency may also be cancelled by central government under provision of 373 of M.S.Act