45. Power for State Government to suspend or cancel certificates in certain cases.— 1
[Any certificate granted or any endorsement made under Chapter III may be suspended or
cancelled by the Government of the State in which the certificate was granted or; as the case
may be, in respect of which the endorsement was made, in the following cases, namely]—
(a) if, on any investigation made under this Act, the Court reports that the wreck or
abandonment of, or loss or damage to, any vessel, or loss of life, has been caused by the
wrongful act‟ or default of the holder of such certificate, or that the holder of such
certificate is incompetent, or has been guilty of any gross act of drunkenness, tyranny or
other misconduct, or
(b) if the holder of such certificate is proved to have been convicted of any non-bailable offence,
or
2
[(bb) if the holder of such certificate is proved to have deserted his vessel or has
absented himself, without leave and without sufficient reason, from his vessel or from his
duty; or]
(c) if, in the case of a person holding a certificate of competency or service as secondclass master or scrang, or as engine-driver, such person is or has become, in the opinion of
the State Government, unfit to act as a second-class master or serang or as an engine-driver,
as the case may be:
Provided that a certificate 3
[or endorsement] shall not be suspended or cancelled under
clause (a), unless the State Government is satisfied that the holder of the certificate has,
before the commencement of the investigation, been furnished with a copy of the report
or statement of the case as required by section 34 or section 35, as the case may be.
1. Subs. by the A.O. 1937, for certain words.
2.Ins. by Act 35 of 1977, s. 23 (w.e.f. 1 -5-1978).
3. Ins. by the A.O. 1937.
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46. Obligation to deliver up suspended or cancelled certificate.—Every person whose
certificate is suspended or cancelled under this Chapter shall deli ver it up to such person as
the State Government which suspended or cancelled it may direct.
47. Report to other State Government.—1
[If a State Government suspends or cancels an
endorsement under this Chapter, it] shall report the proceedings, and the fact of suspension or
cancellation to the State Government by which, or under authority from which, 1
[the certificate]
was granted.
48. Power for State Government to revoke suspension or cancellation, and to grant
new certificate.—(1) Any State Government may, at any time, revoke any order of
suspension or cancellation which it may have made under this Chapter, or grant, without
examination, to any person whose certificate it has so cancelled, a new certificate.
(2) A certificate so granted shall have the same effect as a certificate of competency granted tinder
this Act after examination.