32. Report of casualties to be made to nearest police -station.—Whenever—
(a) any inland 5
[mechanically propelled vessel] has been wrecked, abandoned or materially
damaged, or
(b) by reason of any casualty happening to, or on. board of, any inland 5
[mechanically propelled
vessel], loss of life has ensued,. or
(c) any inland 5
[mechanically propelled vessel] alas caused loss or material damage to, any other
vessel,
the master of the 5
[mechanically propelled vessel] shall forthwith give notice of the wreck,
abandonment, damage, casualty, or loss to the officer in charge of the nearest police -station.
33. Power for State Government to appoint Court of investigation.—(1) 6
[Whenever
the State Government is satisfied that it is necessary or expedient to have a formal
investigation into the facts of any case reported under section 32 or otherwise brought to its
notice, the State Government may]—
(a) appoint a special Court and direct the Court to make the investigation at such place as the
State Government may fix in this behalf, or
(b) direct any principal Court of ordinary criminal jurisdiction or the Court of any District
Magistrate to make the investigation.
(2) A special Court appointed under clause (a) of sub-section (1) shall consist of not less
than two nor more than four persons, of whom one shall be a Magistrate, one shall be a
person conversant with maritime affairs or with the navigation of inland 7
[mechanically
propelled vessels], and the other or others (if any) shall be conversant with either maritime or
mercantile affairs, or with the navigation of inland 7
[mechanically propelled vessels].
34. Power of Court of investigation to inquire into charges of incompetency or
Misconduct.—(1) Any Court making an investigation under section 33 may inquire into
any charge of incompetency or misconduct arising in the course of the investigation
against any master, engineer or engine -driver, or any person holding a certificate granted
1. Ins. by Act 35 of 2007, s. 8 (w.e.f. 21-2-2008).
2. Clause (a) relettered as clause (aa) by s. 8, ibid. (w.e.f. 21-2-2008).
3. Ins. by Act 6 of 1920, s. 8.
4. Subs. by Act 35 of 2007, s. 8, for section 31 (w.e.f. 21-2-2008).
5. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
6. Subs. by s. 21, ibid., for certain words (w.e.f. 1-5-1978).
7. Subs. by Act 35 of 1977, s. 5, for “steam-vessels” (w.e.f. 1-5-1978).
21
under Chapter III, as well as into any charge of a wrongful act or default on his part
causing any wreck, abandonment, damage, casualty, or loss referred to in section 32.
(2) In every case in which any such charge arises against any master, engineer or engine -
driver, or any person holding a certificate granted under Chapter III in the course of an
investigation, the Court shall, before the commencement of the inquiry into the charge, cause
to be furnished to him a copy of the report or of any statement of the case upon which the
investigation has been directed.
35. Power for State Government to direct investigation otherwise than under
section 33.—(1) If the State Government has reason to believe that there are grounds for
charging any master, engineer or engine-driver, or any person holding a certificate granted
under Chapter III, with incompetency or misconduct, otherwise than in the course of an
investigation under section 33,
it may send a statement of the case to the principal Court of ordinary criminal jurisdiction, or
the Court of the District Magistrate, at or nearest to the place at which it may be convenient for
the parties and witnesses to attend, and may direct the Court to make an investigation into the
charge.
(2) Before commencing an investigation under sub-section (1), the Court shall cause the
person charged to be furnished with a copy of the statement of the case sent by the State
Government.
36. Person charged to he heard.—For the purpose of an investigation under this Chapter
into any charge against a master, engineer or engine -driver, or any person holding a
certificate granted under Chapter III, the Court may summon him to appear, and shall give
him full opportunity of making a defence, either in person or otherwise.
37. Assessors.—(1) When, in the opinion of the Court making an investigation under this
Chapter, the investigation involves, or appears likely to involve, any question as to the
cancelling or suspension of the certificate of a master, engineer or engine -driver, or any
person holding a certificate granted under Chapter III, the Court shall appoint as its assessors,
for the purposes of the investigation, two persons having experience in the merchant service
or in the navigation of inland 1
[mechanically propelled vessels].
(2) In every other investigation the Court may, if it thinks fit, appoint as its assessor, for
the purposes of the investigation, any person conversant with maritime affairs or the
navigation of inland 1
[mechanically propelled vessels] and willing to act as assessor.
(3) Every person appointed as an assessor under this section shall attend during the
investigation and deliver his opinion in writing, to be recorded on the proceedings.
38. Powers of Court as to evidence and regulation of proceedings.— For the purpose of any
investigation under this Chapter, the Court making the investigation shall, so far as relates to compelling
the attendance and examination of witnesses, and production of documents and the regulation of the
proceedings, have—
(a) if the Court is a special Court—the same powers as are exercisable by the principal
Court of ordinary criminal jurisdiction for the place at which the investigation is made; or
(b) if the Court is a principal Court of ordinary criminal jurisdiction or the Court of the
District Magistrate—the same powers as arc exercisable respectively by either Court in the
exercise of its criminal jurisdiction.
39. Power of Court to effect arrest of witnesses by entry and detention of
vessels.—(1) If any Court making an investigation under this Chapter issues a warrant of
arrest to compel the attendance of any person whose evidence is in its opinion necessary, it
may, for the purpose of effecting the arrest, but subject to any general or special instructions
issued by the State Government in this behalf, authorise any officer to enter any vessel.
1. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
22
(2) An officer so authorized to enter any _vessel may, for the purpose of enforcing the
entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and
detain the vessel for such time as is reasonably necessary to effect the arrest; and every such
officer or other person shall be deemed to be a public servant within the meaning of the Indian
Penal Code (45 of 1860).
(3) No person shall be detained under this section for more than forty -tight hours.
40. Power of Court to commit for trial and to bind over witnesses.—Whenever, in the
course of an investigation under this Chapter, it appears to the Court making the investigation
that any person has committed, within 1
[the territories to which this Act extends], an offence
punishable under any law in force in 1
[such territories] the Court making the investigation may
(subject to such rules consistent with this Act as the High Court may, from time to time, make in
this behalf)—
(a) cause such person to be arrested;
(b) commit him or hold him to bail to take his trial before the proper Court;
(c) bind over any other person to. give evidence at such trial; and
(d) exercise, for the purposes of this section, all the powers of a Magistrate of the first class or of
a Presidency Magistrate.
41. Depositions of absent witnesses.—(1) Whenever, in the course of a trial referred to in
section 40, the evidence of any witness is required in relation to the subject-matter, any
deposition previously made by him in relation, to the same subject-matter before any Court
making an investigation under this Chapter shall, if authenticated by the signature of the
Magistrate or presiding Judge of such Court, be admissible in evidence on proof—
(a) that the witness cannot be found within the jurisdiction of the Court before which the trial is
held; and
(b) that the deposition was made in the presence of the person accused, and that he had an
opportunity of cross-examining the witness.
(2) A certificate signed by such Magistrate or presiding Judge that the deposition was made in
the presence of the accused, and that he had an opportunity of cross-examining the witness shall,
unless the contrary be proved, be sufficient evidence that it was so made and that the accused had
such opportunity.
42. Report by Court to State Government.—The Court shall, in the case of every
investigation under this Chapter, transmit to the State Government a full report of the conclusions
at which it has arrived, together with the evidence recorded and the written opinion of any
assessor.
43. Court to exercise its powers independently of the assessors.—Notwithstanding the
appointment under section 37 of an assessor or assessors by a Court making an investigation under
this Chapter, the exercise of all powers conferred on such Court by this Act shall rest with the
Court alone.
44. Power for. State Government to direct investigations into causes of explosions on
mechanically propelled vessels.—(1) Whenever any explosion occurs on board any inland
2
[mechanically propelled vessel], the State Government may direct that an investigation into the cause
of the explosion be made by such person or persons as it may appoint in this behalf.
(2) The person or persons so appointed may, for the purpose of the investigation, enter into
and upon the 2
[mechanically propelled vessel], with all necessary workmen and labourers, and
remove any portion of the 2
[mechanically propelled vessel] or of the machinery thereof, and shall
report to the State Government what, in his or their opinion, was the cause of the explosion.
1. Subs. by the A.O. 1950, for “the Provinces”.
2. Subs. by Act 35 of 1977, s. 5, for “steam-vessel” (w.e.f. 1-5-1978).
23
(3) Every person making an investigation under this section shall be deemed to be a public servant
within the meaning of the Indian Penal Code (45 of 1860).