MS Act 48Chapter IV · Maritime Education and Training
Section 48 · Examination for grant of certificates
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(1) The Central Government shall appoint such
persons having the qualifications in accordance with the Standards of Training, Certification and
Watchkeeping for Seafarers Convention as examiners for the purposes of assessing and examining the
competence of persons desirous of obtaining certificates of competency or proficiency under this Part.
(2) The nautical advisor shall be the Chief Examiner for the master and deck department personnel and the chief surveyor shall be the Chief examiner for engine department personnel:
Provided that in the absence of the nautical advisor and the chief surveyor, the Central Government may authorise any surveyor to act as the chief examiner.
(3) The manner of conducting examination for certificate of competency or certificate of proficiency, the fees to be charged and the payment to be made to the examiners appointed under sub-section (1), shall be such as may be prescribed.
(4) The issuing authority referred to in sub-section (1) of section 46 shall grant the certificate of competency or certificate of proficiency to every applicant duly reported by the examiners to have passed the examination and achieved the desired level of competence for that grade of certificate with satisfactory evidence of his sobriety, experience, ability and general good conduct onboard vessel.
(5) If the issuing authority is not satisfied with the report of the examiner, he may require re-examination of the applicant including inquiry into the applicant’s testimonials and character.
(6) If it appears to the issuing authority that a person holding a certificate of competency or certificate of proficiency has obtained it based on false or erroneous information, or is guilty of indiscipline or misconduct, incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution which may pose a threat to life or property or environment, he may, after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this sub-section without giving the person holding the certificate a reasonable opportunity of being heard.
(7) The person whose certificate is withdrawn, suspended or cancelled by the issuing authority under sub-section (6) may appeal against such order, in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification specify, as the appellate authority.
(8) Whenever a person holding a certificate granted under this Part proves to the satisfaction of the issuing authority that he has lost or is deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, grant a copy of the certificate and such copy shall have all the effects of the original certificate.
(2) The nautical advisor shall be the Chief Examiner for the master and deck department personnel and the chief surveyor shall be the Chief examiner for engine department personnel:
Provided that in the absence of the nautical advisor and the chief surveyor, the Central Government may authorise any surveyor to act as the chief examiner.
(3) The manner of conducting examination for certificate of competency or certificate of proficiency, the fees to be charged and the payment to be made to the examiners appointed under sub-section (1), shall be such as may be prescribed.
(4) The issuing authority referred to in sub-section (1) of section 46 shall grant the certificate of competency or certificate of proficiency to every applicant duly reported by the examiners to have passed the examination and achieved the desired level of competence for that grade of certificate with satisfactory evidence of his sobriety, experience, ability and general good conduct onboard vessel.
(5) If the issuing authority is not satisfied with the report of the examiner, he may require re-examination of the applicant including inquiry into the applicant’s testimonials and character.
(6) If it appears to the issuing authority that a person holding a certificate of competency or certificate of proficiency has obtained it based on false or erroneous information, or is guilty of indiscipline or misconduct, incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution which may pose a threat to life or property or environment, he may, after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this sub-section without giving the person holding the certificate a reasonable opportunity of being heard.
(7) The person whose certificate is withdrawn, suspended or cancelled by the issuing authority under sub-section (6) may appeal against such order, in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification specify, as the appellate authority.
(8) Whenever a person holding a certificate granted under this Part proves to the satisfaction of the issuing authority that he has lost or is deprived of such certificate, the issuing authority shall, on payment of such fee as may be prescribed, grant a copy of the certificate and such copy shall have all the effects of the original certificate.
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