INVESTIGATION & INQUIRIES & & CASUALTY CODE

(MERCHANT SHIPPING ACT, 1958 )

SUB TOPICS

A. Introduction
B. International Law
C. Fair Treatment to seafarer after shipping Casualty
D. Obligation to Investigate & Casualty Code
E. National Law on Investigation & Inquires
F. Concluding Remarks
G. Supplementary Readings
H. References
I. Assignments

A. Introduction

1. Inquiries and Investigations- Through inquiry and investigation a person is able

to learn about his past, his body, and about the things in his surroundings including
all that has happened in the past and all that is still happening in his environment.

2. They are very important especially in scientific studies to provide researchers

information and knowledge about the subject of their research. In law, specifically
criminal law as well as in police work, investigation is necessary to allow the
uncovering of facts about a case.

3. “Inquiry” is defined as “the systematic search for information, knowledge and truth
about certain things and matters of public interest.” It is the process of solving a
problem through researching and probing. It involves questioning and interrogation. It
is aimed not only at searching for and acquiring knowledge and information about
something, but it is also meant to settle any doubt that individuals may have on the
subject.
4. The word “inquiry” comes from the base word “inquire” which is derived from the
Old French word “enquerre” meaning “to ask.” It, in turn, comes from the Latin words
“in” (into) and “quaerere” (ask or seek). Its first known use was in the 15th century.

5. “Investigation,” on the other hand, is defined as the process of inquiring into

something thoroughly. It is the systematic examination and scrutiny of the factors
that have affected the subject of the investigation in order to uncover facts regarding
the matter. It is synonymous with the words; examine, inquire, explore, probe, dig or
delve into, and research. It comes from the Latin word “investigatus” which is the past
participle of “investigare” meaning “to track or investigate.” Its first known use was in
the early 16th century.

6. Besides reporting of such accidents or incidents to the concerned authorities as per

International and National applicable laws, the Master also contributes
comprehensively in the conduct of Inquires and Investigations.

7. The expeditious and independent inquiry and investigations in to such accidents

and incidents assist the authorities in identifying the root cause and thereafter,
corrective or preventive measures identified. This would avert recurrence such
shipping casualties.

8. The International & National Laws prescribes that the Flag state has the prime
responsibility to conduct inquires and investigations in respect of all shipping
Casualty. The Casualty code requires the Flag state to mandatorily conduct safety
casualty investigations in respect of very serious casualty.

B. International Laws

9. The provisions of the International laws are stated below:

“Quote. UNCLOS, 1982 Article (94) (7)-

1. Each State shall cause an inquiry to be held by or before a suitably qualified person
or persons into every marine casualty or incident of navigation on the high seas
involving a ship flying its flag and causing loss of life or serious injury to nationals of
another State or serious damage to ships or installations of another State or to the
marine environment. The flag State and the other State shall cooperate in the conduct
of any inquiry held by that other State into any such marine casualty or incident of
navigation

UNCLOS, 1982 Article 97 Penal jurisdiction in matters of collision or any other

incident of Navigation-
1. In the event of a collision or any other incident of navigation concerning a ship on
the high seas, involving the penal or disciplinary responsibility of the master or of any
other person in the service of the ship, no penal or disciplinary proceedings may be
instituted against such person except before the judicial or administrative authorities
either of the flag State or of the State of which such person is a national.
2. In disciplinary matters, the State which has issued a master's certificate or a
certificate of competence or licence shall alone be competent, after due legal process,
to pronounce the withdrawal of such certificates, even if the holder is not a national of
the State which issued them.
3. No arrest or detention of the ship, even as a measure of investigation, shall be
ordered by any authorities other than those of the flag State.
SOLAS 1974 Regulation Chapter I-21 - Casualties
(a). Each Administration undertakes to conduct an investigation of any casualty
occurring to any of its ships subject to the provisions of the present Convention when
it judges that such an investigation may assist in determining what changes in the
present regulations might be desirable. see footnote
(b). Each Contracting Government undertakes to supply the Organization with
pertinent information concerning the findings of such investigations. No reports or
recommendations of the Organization based upon such information shall disclose the
identity or nationality of the ships concerned or in any manner fix or imply
responsibility upon any ship or person.
Load Line Convention 1966 Article 23-Casualties
1)Each Administration undertakes to conduct an investigation of any casualty
occurring to ships for which it is responsible and which are subject to the provisions
of the present Convention when it judges that such an investigation may assist in
determining what changes in the Convention might be desirable.
2)Each Contracting Government undertakes to supply the Organization with the
pertinent information concerning the findings of such investigations. No reports or
recommendations of the Organization based upon such information shall disclose the
identity or nationality of the ships concerned or in any manner fix or imply
responsibility upon any ship or person.
MARPOL 1973/78 Article 12 - Casualties to ships
(1) Each Administration undertakes to conduct an investigation of any casualty
occurring to any of its ships subject to the provisions of the regulations if such
casualty has produced a major deleterious effect upon the marine environment.
(2) Each Party to the Convention undertakes to supply the Organization with
information concerning the findings of such investigation, when it judges that such
information may assist in determining what changes in the present Convention might
be desirable.
STCW, 1978 Regulation I/5 ,National provisions
1 Each Party shall establish processes and procedures for the impartial investigation
of any reported incompetency, act or omission, that may pose a direct threat to safety
of life or property at sea or to the marine environment, by the holders of certificates or
endorsements issued by that Party in connection with their performance of duties
related to their certificates and for the withdrawal, suspension and cancellation of
such certificates for such cause and for the prevention of fraud.
2 Each Party shall prescribe penalties or disciplinary measures for cases in which the
provisions of its national legislation giving effect to the Convention are not complied
with in respect of ships entitled to fly its flag or of seafarers duly certificated by that
Party.
3 In particular, such penalties or disciplinary measures shall be prescribed and
enforced in cases in which:
i a company or a master has engaged a person not holding a certificate as required by
the Convention;
ii a master has allowed any function or service in any capacity required by these
regulations to be performed by a person holding an appropriate certificate, to be
performed by a person not holding the required certificate, a valid dispensation or
having the documentary proof required by regulation I/10 paragraph 5; or
iii a person has obtained by fraud or forged documents an engagement to perform any
function or serve in any capacity required by these regulations to be performed or
filled by a person holding a certificate or dispensation.
iv A Party, within whose jurisdiction there is located any company which, or any
person who, is believed on clear grounds to have been responsible for, or to have
knowledge of, any apparent non-compliance with the Convention specified in
paragraph 3, shall extend all co-operation possible to any Party which advises it of its
intention to initiate proceedings under its jurisdiction.
MLC, 2006, Regulation 5.1.6 – Marine casualties
1. Each Member shall hold an official inquiry into any serious marine casualty,
leading to injury or loss of life, that involves a ship that flies its flag. The final report
of an inquiry shall normally be made public.
2. Members shall cooperate with each other to facilitate the investigation of serious
marine casualties referred to in paragraph 1 of this Regulation. Unquote”

C. Fair Treatment to Seafarers after Shipping Casualty

10. Recognizing the need for special protection for seafarers during an investigation,
the IMO adopted in December 2005, the guidelines on fair treatment of seafarers in
the event of a maritime accident through IMO A.987 (24). Now, the IMO A 1056(27) on
this subject prevails.

11. The IMO has incorporated the provisions relating to protection in the Casualty
Code. Code has been made as part of the SOLAS, 1974 as amended. The Code has
entered in to force internationally on 01.01.2010. Both the Code and the applicable
IMO Resolution has been enumerated below.

12. Criminalization occurs when seafarers are treated differently from other workers.
The cases below show how the policies of port states can lead to the prosecution of
seafarers.

. 1. Case No. 1- Exxon Valdez(1989) March 1989: the US-flagged Exxon Valdez oil
tanker ran aground in Prince William Sound, Alaska, spilling hundreds of thousands
of barrels of crude oil. The Master faced a number of charges, including operating the
vessel while intoxicated, a charge that the jury rejected. However, he was found guilty
of negligent discharge of oil and was fined $50,000 and sentenced to 1,000 hours of
community service in Alaska. His license was suspended temporarily.
. 2. Case No.2 -Erika (1999) December 1999: Malta tanker Erika broke in two 60
miles off the coast of France spilling 31,000 tonnes of oil into the water and eventually
sinking. Due to hurricane strength gales that followed, the oil was scattered across a
large portion of the French coast and adversely affected wildlife. Criminal charges were
brought against not only the owners and operators, but also against the Master.They
were all charged with causing pollution at sea and endangering the lives of others.
Although the Master was eventually found not guilty, this result did not transpire until
16 January 2008, some eight plus years later.
.3 . Case No.3 - Virgo (2001) August 2001: Cyprus-flagged Virgo was sailing through
the high seas near the US shore when it is alleged to have collided with a fishing vessel
which sank. Three fishermen drowned. The US charged the seafarers with involuntary
manslaughter, and sought to have them extradited from Canada. During the following
18 months, the seafarers were prohibited from leaving Canada while the US, Russia
(the state of the seafarers’ nationality), and Cyprus (the flag state) engaged in
diplomatic discussions regarding the appropriate forum for criminal proceedings. The
seafarers were eventually allowed to temporarily return to their native Russia while the
appeal pertaining to extradition was pending. In 2006, the US abandoned its
extradition efforts, allowing Russia to commence a criminal investigation and
proceedings.
.4 . Case No.4 -Tasman Spirit (2003) July 2003: Maltese tanker which grounded at
the entrance to Karachi Port, Pakistan, while carrying 67,800 tonnes of Iranian light
crude oil and 440 tonnes of heavy fuel oil in the aft bunker tanks. The tanker ran
aground in pilotage waters as it approached the port, subsequently breaking in half
and spilling a considerable portion of the cargo of crude oil. The vessel’s Master, chief
officer, third officer, chief engineer, second engineer, third engineer and the
quartermaster, as well as the salvage master, were arrested and charged with
conspiring to ground the tanker with criminal intent to cause pollution and injury.
They were detained for eight months facing criminal charges. After compensation
agreements were negotiated, Pakistan dropped the criminal charges and the seafarers
were released.

.5 .Case No. 6-Cosco Busan (2007)November 2007: Containership Cosco Busan

collided with a pier of the Golden Gate Bridge in the San Francisco harbour while it
was under pilotage resulting in over 200 litres of the oil cargo escaping into the water.
The whole crew of the ship was detained initially by the US authorities and six of
them, all Chinese nationals, were held for more than a year while the investigation and
legal procedures, which led to the conviction of the pilot and ship operator, were
completed.
13. The IMO Resolution A. 1056(27) prescribes GUIDELINES ON FAIR TREATMENT
OF SEAFARERS IN THE EVENT OF A MARITIME ACCIDENT. The Resolution
prescribes the duties of the following to take steps so that any investigation they
conduct to determine the cause of a maritime accident that occurs within their
jurisdiction is conducted in a fair and expeditious manner;
 Port or Coastal State;
 Flag State;
 Seafarer State;
 Ship owner;&
 Seafarer
14. A relevant part of the guidelines is as below:
.1 The port or coastal State
 cooperate and communicate with all substantially interested States &
stakeholders;
 take steps to ensure that adequate measures are taken to preserve human
rights of seafarers at all times;
 ensure that seafarers are treated in a manner which preserves their basic
human dignity at all times;
 take steps to ensure/verify that adequate provisions are in place to provide for
the subsistence of each detained seafarer;
 ensure that due process protections are provided to all seafarers in a non-
discriminatory manner;
 ensure that seafarers are, where necessary, provided interpretation services,
and are advised of their right to independent legal advice;
 ensure that involved seafarers are informed of the basis on which the
investigation is being conducted;
 ensure allow access to the seafarers by consular officers of the flag State;
 ensure that all seafarers detained are provided with the means to communicate
privately with all of the following parties:
o family members;
o welfare organizations;
 o the ship owner;
o trade unions;
o the Embassy or Consulate of the flag State and of their country of residence or
nationality; and
o legal representatives;
 use all available means to preserve evidence to minimize the continuing need
for the physical presence of any seafarer;
 promptly conduct interviews with seafarers, when done for a coastal State
investigation following a maritime accident;
 take steps to ensure that seafarers, once interviewed or otherwise not required
for a coastal State investigation;
 consider non-custodial alternatives to pre-trial detention (including detention as
witnesses), particularly where it is evident that the seafarer concerned is
employed in a regular shipping service to the detaining port or coastal State;
 promptly conclude its investigation and, if necessary, charge seafarers
suspected of criminal actions;
 insofar as national laws allow, ensure that a process is available for posting a
reasonable bond or other financial security to allow for release and repatriation
of the detained seafarer pending resolution of any investigatory or judicial
process;
 take steps to ensure that any court hearing, when seafarers are detained, takes
place as expeditiously as possible;
 take steps to ensure that no discriminatory or retaliatory measures are taken
against seafarers because of their participation during investigations.
.2 The flag State should:
 take steps to ensure that any investigation to determine the cause of a maritime
accident is conducted in a fair and expeditious manner;
 cooperate and communicate with all substantially interested States & statke
holders;
 where appropriate, participate directly, under the IMO Code for the
Investigation in any casualty investigation;
 assist in ensuring that ship owners honour obligations to seafarers involved in
a maritime accident or any investigation;
  ensure/verify that adequate provisions are in place to provide for the
subsistence of each detained seafarer;
 ensure that ship owners honour obligations to cooperate in any flag, coastal or
port State investigation following a maritime accident;
 assist seafarers to secure fair treatment, and assist ship owners in the event of
an investigation by a port or coastal State;
 fund the repatriation of seafarers, where necessary;
 take steps to ensure that its consular officers are permitted access to the
involved seafarers, irrespective of their nationality;
 take all necessary measures to ensure the fair treatment of seafarers who were
employed or engaged on a vessel flying its flag. This may ultimately include
posting of a reasonable bond or financial security; and
 take steps to ensure that no discriminatory or retaliatory measures are taken
against seafarers because of their participation during investigations.
.3 The seafarer State should:
 cooperate and communicate with all substantially interested States &
stakeholders;
 monitor the physical and mental well-being and treatment of seafarers of their
nationality involved in a maritime accident, including any associated
investigations; fund the repatriation of their national seafarers;e;
 assist, as provided for in national law, in the service of process and the return
to a port or coastal State of seafarers subject to its jurisdiction who are needed
solely as witnesses in any proceeding following a maritime accident;
 take steps to ensure that its consular officers are permitted access to the
involved seafarers;
 take steps to provide support and assistance, to facilitate the fair treatment of
nationals of the seafarer State and the expeditious handling of the investigation;
 take steps to ensure that all funds remitted by ship owners, the detaining State,
or any other State for detained seafarers, or for support of those seafarers'
families, are delivered for the intended purposes; and
 take steps to ensure that no discriminatory or retaliatory measures are taken
against seafarers because of their participation during investigations.
.4 Ship owners should
  take all available measures to ensure that no discriminatory or retaliatory
measures are taken against seafarers;
 cooperate and communicate with all substantially interested States &
stakeholders;
 take action to expedite the efforts of a port, coastal, or flag State investigation;
 take steps to encourage seafarers and others under their employment, with due
regard to any applicable rights, to cooperate with any investigation;
 use all reasonable means to preserve evidence to minimize the continuing need
for the physical presence of any seafarer;
 fulfil their obligation in relation to the repatriation of, or take steps to re-
embark, the seafarers; and
 ensure/verify that adequate provisions are in place to provide for the
subsistence of each seafarer, including, as appropriate, wages, suitable
accommodation, food and medical care.
.5 Seafarers should:
 take steps to ensure, if necessary, that they have appropriate interpretation
services;
 take steps to ensure that they fully understand their right not to self-
incriminate;
 take steps to ensure, if they consider it necessary, that they have arrangements
for access to legal advice; and
 participate in an investigation, to the extent possible, having regard to their
right not to self-incriminate
D. Obligation to Investigate & Casualty Code

15. Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each
Administration undertakes to conduct an investigation into any casualty occurring to
ships under its flag subject to those conventions. Article 23 of the Load Lines
Convention also requires the investigation of casualties.

16. Under the United Nations Convention on the Law of the Sea (UNCLOS), article 94
on Duties of the flag State, paragraph 7,
“ Quote Each State shall cause an inquiry to be held by or before a suitably qualified
person or persons into every marine casualty or incident of navigation on the high
seas involving a ship flying its flag and causing loss of life or serious injury to
nationals of another State or serious damage to ships or installations of another State
or to the marine environment.
The flag State and the other State shall co-operate in the conduct of any inquiry held
by that other State into any such marine casualty or incident of navigation. Unquote”
17. IMO adopted a new Code of International Standards and Recommended Practices
for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty
Investigation Code) when the Maritime Safety Committee (MSC) met in London, for its
84th session in May 2008.
18. Relevant amendments to SOLAS, Chapter XI-1 were also adopted, to make parts
I and II of the Code mandatory. Part III of the Code contains related guidance and
explanatory material.
19.The new regulations, entered into force on 1 January 2010 and expand on SOLAS
regulation I/21, which only required Administrations to undertake to conduct an
investigation of any casualty occurring to any of its ships "when it judges that such an
investigation may assist in determining what changes in the present regulations might
be desirable".
20. The Code now requires a marine safety investigation to be conducted into every
"very serious marine casualty", defined as a marine casualty involving the total loss of
the ship or a death or severe damage to the environment.

21. The Code also recommends an investigation into other marine casualties and
incidents, by the flag State of a ship involved, if it is considered likely that it would
provide information that could be used to prevent future accidents.

22. Casualty Investigation Code-This Code incorporates and builds on the best
practices in marine casualty and marine incident investigation that were established
by the Code for the Investigation of Marine Casualties and Incidents, adopted in
November 1997 by the International Maritime Organization (the Organization), by
resolution A.849(20).
23. The Code for the Investigation of Marine Casualties and Incidents sought to
promote co-operation and a common approach to marine casualty and marine
incident investigations between States.
24. The Code is designed to facilitate objective marine safety investigations for the
benefit of flag States, coastal States, the Organization and the shipping industry in
general.
25. The basic structure of the Code is that , it forms part of Chapter XI-1/6 of the
SOLAS, 1974 as amended. It has 26 chapters with Resolution MSC.255 (84)
adopted on 16.05.2008.The composition of the Code is
 Part I has General Provisions from Chapter 1 to 3;
 Part II Mandatory from Chapter 4 to 14;and
 Part III- Recommendatory from 15 to 26.
26. The details on the relevant part is as set out below -
CODE OF THE INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES
FOR A SAFETY INVESTIGATION INTO A MARINE CASULTY OR MARINE
INCIDENT

PART I
GENERAL PROVISIONS
Chapter 1 PURPOSE
1.1 The objective of this Code is to provide a common approach for States to adopt in
the conduct of marine safety investigations into marine casualties and marine
incidents. Marine safety investigations do not seek to apportion blame or determine
liability. Instead a marine safety investigation, as defined in this Code, is an
investigation conducted with the objective of preventing marine casualties and marine
incidents in the future. The Code envisages that this aim will be achieved through
States:
 applying consistent methodology and approach, to enable and encourage a broad
ranging investigation, where necessary, in the interests of uncovering the causal
factors and other safety risks; and
 providing reports to the Organization to enable a wide dissemination of information
to assist the international marine industry to address safety issues.
1.2 A marine safety investigation should be separate from, and independent of, any
other form of investigation. However, it is not the purpose of this Code to preclude any
other form of investigation, including investigations for action in civil, criminal and
administrative proceedings. Further, it is not the intent of the Code for a State or
States conducting a marine safety investigation to refrain from fully reporting on the
causal factors of a marine casualty or marine incident because blame or liability may
be inferred from the findings.
1.3 This Code recognizes that under the Organization’s instruments, each flag State
has a duty to conduct an investigation into any casualty occurring to any of its ships,
when it judges that such an investigation may assist in determining what changes in
the present regulations may be desirable, or if such a casualty has produced a major
deleterious effect upon the environment. The Code also takes into account that a flag
State shall cause an inquiry to be held, by or before a suitably qualified person or
persons into certain marine casualties or marine incidents of navigation on the high
seas. However, the Code also recognizes that where a marine casualty or \marine
incident occurs within the territory, including the territorial sea, of a State, that State
has a right to investigate the cause of any such marine casualty or marine incident
which might pose a risk to life or to the environment, involve the coastal State’s search
and rescue authorities, or otherwise affect the coastal State.

Chapter 2 Definitions
When the following terms are used in the mandatory standards and recommended
practices for marine safety investigations they have the following meaning.
2.1An agent means any person, natural or legal, engaged on behalf of the owner,
charterer or operator of a ship, or the owner of the cargo, in providing shipping
services, including managing arrangements for the ship being the subject of a marine
safety investigation.
2.2 A causal factor means actions, omissions, events or conditions, without which:
 the marine casualty or marine incident would not have occurred; or
 adverse consequences associated with the marine casualty or marine incident
would probably not have occurred or have been as serious;
 another action, omission, event or condition, associated with an outcome in .1
or .2, would probably not have occurred.
2.3 A coastal State means a State in whose territory, including its territorial sea, a
marine casualty or marine incident occurs.
2.4 Exclusive economic zone means the exclusive economic zone as defined by
article 55 of the United Nations Convention on the Law of the Sea.
2.5 Flag State means a State whose flag a ship is entitled to fly.
2.6 High seas means the high seas as defined in article 86 of the United Nations
Convention on the Law of the Sea.
2.7 Interested party means an organization, or individual, who, as determined by the
marine safety investigating State(s), has significant interests, rights or legitimate
expectations with respect to the outcome of a marine safety investigation.
2.8 International Safety Management (ISM) Code means the International
Management Code for the Safe Operation of Ships and for Pollution Prevention as
adopted by the Organization by resolution A. 741(18), as amended.
2.9 A marine casualty means an event, or a sequence of events, that has resulted in
any of the following which has occurred directly in connection with the operations of a
ship:
 the death of, or serious injury to, a person;
 the loss of a person from a ship;
 the loss, presumed loss or abandonment of a ship;
 material damage to a ship;
 the stranding or disabling of a ship, or the involvement of a ship in a collision;
 material damage to marine infrastructure external to a ship,
 that could seriously endanger the safety of the ship, another ship or an individual;
or
 severe damage to the environment, or the potential for severe damage to the
environment, brought about by the damage of a ship or ships. However, a marine
casualty does not include a deliberate act or omission, with the intention to cause
harm to the safety of a ship, an individual or the environment.
2.10 A marine incident means an event, or sequence of events, other than a marine
casualty, which has occurred directly in connection with the operations of a ship that
endangered, or, if not corrected, would endanger the safety of the ship, its occupants
or any other person or the environment. However, a marine incident does not include
a deliberate act or omission, with the intention to cause harm to the safety of a ship,
an individual or the environment.
2.11A marine safety investigation means an investigation or inquiry (however
referred to by a State), into a marine casualty or marine incident, conducted with the
objective of preventing marine casualties and marine incidents in the future. The
investigation includes the collection of, and analysis of, evidence, the identification of
causal factors and the making of safety recommendations as necessary.
2.12 A marine safety investigation report means a report that contains:
 a summary outlining the basic facts of the marine casualty or marine incident and
stating whether any deaths, injuries or pollution occurred as a result;
 the identity of the flag State, owners, operators, the company as identified in the
safety management certificate, and the classification society (subject to any
national laws concerning privacy);
 where relevant the details of the dimensions and engines of any ship involved,
together with a description of the crew, work routine and other matters, such as
time served on the ship;
 a narrative detailing the circumstances of the marine casualty or marine incident;
 analysis and comment on the causal factors including any mechanical, human and
organizational factors;
 a discussion of the marine safety investigation’s findings, including the
 identification of safety issues, and the marine safety investigation’s conclusions;
and
 where appropriate, recommendations with a view to preventing future
 marine casualties and marine incidents.
2.13 Marine safety investigation Authority means an Authority in a State,
responsible for conducting investigations in accordance with this Code.
2.14 Marine safety investigating State(s) means the flag State or, where relevant,
the State or States that take the responsibility for the conduct of the marine safety
investigation as mutually agreed in accordance with this Code.
2.15 A marine safety record means the following types of records collected for a
marine safety investigation:
 all statements taken for the purpose of a marine safety investigation;
 all communications between persons pertaining to the operation of the ship;
 all medical or private information regarding persons involved in the marine
casualty or marine incident;
 all records of the analysis of information or evidential material acquired in the
course of a marine safety investigation;
 information from the voyage data recorder.
2.16 A material damage in relation to a marine casualty means:
 damage that:
o significantly affects the structural integrity, performance or operational
o characteristics of marine infrastructure or a ship; and
o requires major repair or replacement of a major component or components; or
 destruction of the marine infrastructure or ship.
2.17 A seafarer means any person who is employed or engaged or works in any
capacity on board a ship.
2.18 A serious injury means an injury which is sustained by a person, resulting in
incapacitation where the person is unable to function normally for more than 72
hours, commencing within seven days from the date when the injury was suffered.
2.19 A severe damage to the environment means damage to the environment which,
as evaluated by the State(s) affected, or the flag State, as appropriate, produces a
major deleterious effect upon the environment.
2.20 Substantially interested State means a State:
 which is the flag State of a ship involved in a marine casualty or marine incident;
or
 which is the coastal State involved in a marine casualty or marine incident; or
 whose environment was severely or significantly damaged by a marine casualty
(including the environment of its waters and territories recognized under
international law); or
 where the consequences of a marine casualty or marine incident caused, or
 threatened, serious harm to that State or to artificial islands, installations, or
 structures over which it is entitled to exercise jurisdiction; or
 where, as a result of a marine casualty, nationals of that State lost their lives or
received serious injuries; or
 that has important information at its disposal that the marine safety investigating
State(s) consider useful to the investigation; or
 that for some other reason establishes an interest that is considered significant by
the marine safety investigating State(s).
2.21 Territorial sea means territorial sea as defined by Section 2 of Part II of the
United Nations Convention on the Law of the Sea.
2.22 A very serious marine casualty means a marine casualty involving the total
loss of the ship or a death or severe damage to the environment.
Chapter 3
APPLICATION OF CHAPTERS IN PARTS II AND III
3.1 Part II of this Code contains mandatory standards for marine safety investigations.
Some clauses apply only in relation to certain categories of marine casualties and are
mandatory only for marine safety investigations into those marine casualties.
3.2 Clauses in Part III of this Code may refer to clauses in this part that apply only to
certain marine casualties. The clauses in Part III may recommend that such clauses
be applied in marine safety investigations into other marine casualties or marine
incidents.
PART II MANDATORY STANDARDS
Chapter 4 MARINE SAFETY INVESTIGATION AUTHORITY
4.1 The Government of each State shall provide the Organization with detailed contact
information of the marine safety investigation Authority(s) carrying out marine safety
investigations within their State.
Chapter 5 NOTIFICATION
5.1 When a marine casualty occurs on the high seas or in an exclusive economic zone,
the flag State of a ship, or ships, involved, shall notify other substantially interested
States as soon as is reasonably practicable.
5.2 When a marine casualty occurs within the territory, including the territorial sea, of
a coastal State, the flag State, and the coastal State, shall notify each other and
between them notify other substantially interested States as soon as is reasonably
practicable.
5.3 Notification shall not be delayed due to the lack of complete information.
5.4 Format and content: The notification shall contain as much of the following
information as is readily available:
 the name of the ship and its flag State;
 the IMO ship identification number;
 the nature of the marine casualty;
 the location of the marine casualty;
 time and date of the marine casualty;
 the number of any seriously injured or killed persons;
 consequences of the marine casualty to individuals, property and the environment;
and
 the identification of any other ship involved.
Chapter 6 REQUIREMENT TO INVESTIGATE VERY SERIOUS MARINE
CASUALTIES
6.1 A marine safety investigation shall be conducted into every very serious marine
casualty.
6.2 Subject to any agreement in accordance with chapter 7, the flag State of a ship
involved in a very serious marine casualty is responsible for ensuring that a marine
safety investigation is conducted and completed in accordance with this Code.
Chapter 7 FLAG STATE’S AGREEMENT WITH AN OTHERSUBSTANTIALLY
INTERESTED STATE TO CONDUCT A MARINE SAFETY INVESTIGATION
7.1 Without limiting the rights of States to conduct their own separate marine safety
investigation, where a marine casualty occurs within the territory,
including territorial sea, of a State, the flag State(s) involved in the marine casualty
and the coastal State shall consult to seek agreement on which State or States will be
the marine safety investigating State(s) in accordance with a requirement, or a
recommendation acted upon, to investigate under this Code.
7.2 Without limiting the rights of States to conduct their own separate marine safety
investigation, if a marine casualty occurs on the high seas or in the exclusive
economic zone of a State, and involves more than one flag State, then the States shall
consult to seek agreement on which State or States will be the marine safety
investigating State(s) in accordance with a requirement, or a recommendation acted
upon, to investigate under this Code.
7.3 For a marine casualty referred to in paragraph 7.1 or 7.2, agreement may be
reached by the relevant States with another substantially interested State for that
State or States to be the marine safety investigating State(s).
7.4 Prior to reaching an agreement, or if an agreement is not reached, in accordance
with paragraph 7.1, 7.2 or 7.3, then the existing obligations and rights of States under
this Code, and under other international laws, to conduct a marine safety
investigation, remain with the respective parties to conduct their own investigation.
7.5 By fully participating in a marine safety investigation conducted by another
substantially interested State, the flag State shall be considered to fulfill its obligations
under this Code, SOLAS regulation I/21 and article 94,
section 7 of the United Nations Convention on the Law of the Sea.
Chapter 8 POWERS OF AN INVESTIGATION
8.1All States shall ensure that their national laws provide investigator(s) carrying out
a marine safety investigation with the ability to board a ship, interview the master and
crew and any other person involved, and acquire evidential material for the purposes
of a marine safety investigation.
Chapter 9 PARALLEL INVESTIGATIONS
9.1 Where the marine safety investigating State(s)is conducting a marine safety
investigation under this Code, nothing prejudices the right of another substantially
interested State to conduct its own separate marine safety investigation.
9.2 While recognizing that the marine safety investigating State(s) shall be able to fulfil
obligations under this Code, the marine safety investigating State(s) and any other
substantially interested State conducting a marine safety investigation shall seek to
co-ordinate the timing of their investigations, to avoid conflicting demands upon
witnesses and access to evidence, where possible.
Chapter 10 CO-OPERATION
10.1 All substantially interested States shall co-operate with the marine safety
investigating State(s) to the extent practicable. The marine safety investigating State(s)
shall provide for the participation of the substantially interested States to the extent
practicable.
Chapter 11 INVESTIGATION NOT TO BE SUBJECT TO EXTERNAL DIRECTION
11.1 Marine safety investigating State(s) shall ensure that investigator(s) carrying out
a marine safety investigation are impartial and objective. The marine safety
investigation shall be able to report on the results of a marine safety investigation
without direction or interference from any persons or organizations who may be
affected by its outcome.
Chapter 12 OBTAINING EVIDENCE FROM SEAFARERS
12.1 Where a marine safety investigation requires a seafarer to provide evidence to it,
the evidence shall be taken at the earliest practical opportunity. The seafarer shall be
allowed to return to his/her ship, or be repatriated at the earliest possible
opportunity. The seafarers human rights shall, at all times, be upheld.
12.2 All seafarers from whom evidence is sought shall be informed of the nature and
basis of the marine safety investigation. Further, a seafarer from whom evidence is
sought shall be informed, and allowed access to legal advice, regarding:
 any potential risk that they may incriminate themselves in any proceedings
subsequent to the marine safety investigation;
 any right not to self-incriminate or to remain silent;
 any protections afforded to the seafarer to prevent the evidence being used against
them if they provide the evidence to the marine safety investigation.
Chapter 13 DRAFT MARINE SAFETY INVESTIGATION REPORTS
13.1 Subject to paragraphs 13.2 and 13.3, where it is requested, the marine safety
investigating State(s) shall send a copy of a draft report to a substantially interested
State to allow the substantially interested State to make comment on the draft report.
13.2 Marine safety investigating State(s) are only bound to comply with paragraph
13.1 where the substantially interested State receiving the report guarantees not to
circulate, nor cause to circulate, publish or give access to the draft report, or any part
thereof, without the express consent of the marine safety investigating State(s) or
unless such reports or documents have already been published by the marine safety
investigating State(s).
13.3 The marine safety investigating State(s) are not bound to comply with paragraph
13.1 if:
 the marine safety investigating State(s)request that the substantially interested
State receiving the report to affirm that evidence included in the draft report will
not be admitted in civil or criminal proceedings against a person who gave the
evidence; and
 the substantially interested State refuses to provide such an affirmation.
13.4 The marine safety investigating State(s) shall invite the substantially interested
States to submit their comments on the draft report within 30 days or some other
mutually agreed period. The marine safety investigating State(s) shall consider the
comments before preparing the final report and where the acceptance or rejection of
the comments will have direct impact on the interests of the State that submitted
them, the marine safety investigating State(s) shall notify the substantially interested
State of the manner in which the comments were addressed. If the marine safety
investigating State(s) receives no comments after the 30 days or the mutually agreed
period has expired, then it may proceed to finalize the report.
13.5 The marine safety investigating State(s) shall seek to fully verify the accuracy and
completeness of the draft report by the most practical means.
Chapter 14 MARINE SAFETY INVESTIGATION REPORTS
14.1 The marine safety investigating State(s) shall submit the final version of a marine
safety investigation report to the Organization for every marine safety investigation
conducted into a very serious marine casualty.
14.2 Where a marine safety investigation is conducted into a marine casualty or
marine incident, other than a very serious marine casualty, and a marine safety
investigation report is produced which contains information which may prevent or
lessen the seriousness of marine casualties or marine incidents in the future, the final
version shall be submitted to the Organization.
14.3 The marine safety investigation report referred in paragraphs 14.1 and 14.2 shall
utilize all the information obtained during a marine safety investigation, taking into
account its scope, required to ensure that all the relevant safety issues are included
and understood so that safety action can be taken as necessary.
14.4 The final marine safety investigation report shall be made available to the public
and the shipping industry by the marine safety investigating State(s), or the marine
safety investigating State(s) shall undertake to assist the public and the shipping
industry with details, necessary to access the report, where it is published by another
State or the Organization.
PART III RECOMMENDED PRACTICES
Chapter 15 ADMINISTRATIVE RESPONSIBILITIES
PART III
15.1 States should ensure that marine safety investigating Authorities have available
to them sufficient material and financial resources and suitably qualified personnel to
enable them to facilitate the State’s obligations to undertake marine safety
investigations into marine casualties and marine incidents under this Code.
15.2Any investigator forming part of a marine safety investigation should be
appointed on the basis of the skills outlined in resolution A.996(25) for investigators.
15.3 However, paragraph 15.2 does not preclude the appropriate appointment of
investigators with necessary specialist skills to form part of a marine safety
investigation on a temporary basis, neither does it preclude the use of consultants to
provide expert advice on any aspect of a marine safety investigation.
15.4 Any person who is an investigator, in a marine safety investigation, or assisting a
marine safety investigation, should be bound to operate in accordance with this Code.
Chapter 16 PRINCIPLES OF INVESTIGATION
16.1 Independence : A marine safety investigation should be unbiased to ensure the
free flow of information to it.
16.1.1 In order to achieve the outcome in paragraph 16.1, the investigator(s) carrying
out a marine safety investigation should have functional independence from:
 the parties involved in the marine casualty or marine incident;
 anyone who may make a decision to take administrative or disciplinary action
against an individual or organization involved in a marine casualty or marine
incident; and
 judicial proceedings.
16.1.2 The investigator(s) carrying out a marine safety investigation should be free of
interference from the parties in .1, .2 and .3 of paragraph 16.1.1 with respect to:
 the gathering of all available information relevant to the marine casualty or marine
incident, including voyage data recordings and vessel traffic services recordings;
 analysis of evidence and the determination of causal factors;
 drawing conclusions relevant to the causal factors;
 distributing a draft report for comment and preparation of the final report; and
 if appropriate, the making of safety recommendations.
16.2 Safety focused: It is not the objective of a marine safety investigation to
determine liability, or apportion blame. However, the investigator(s) carrying out a
marine safety investigation should not refrain from fully reporting on the causal
factors because fault or liability may be inferred from the findings.
16.3 Co-operation: Where it is practicable and consistent with the requirements and
recommendations of this Code, in particular chapter 10 on Co-operation, the marine
safety investigating State(s) should seek to facilitate maximum co-operation between
substantially interested States and other persons or organizations conducting an
investigation into a marine casualty or marine incident.
16.4 Priority: A marine safety investigation should, as far as possible, be afforded the
same priority as any other investigation, including investigations by a State for
criminal purposes being conducted into the marine casualty or marine incident.
16.4.1 In accordance with paragraph 16.4 investigator(s) carrying out a marine safety
investigation should not be prevented from having access to evidence in circumstances
where another person or organization is carrying out a separate investigation in to a
marine casualty or marine incident.
16.4.2 The evidence for which ready access should be provided should include:
survey and other records held by the flag State, the owners, and classification
societies;
 all recorded data, including voyage data recorders; and
 evidence that may be provided by government surveyors, coastguard officers, vessel
traffic service operators, pilots or other marine personnel.
16.5 Scope of a marine safety investigation: Proper identification of causal factors
requires timely and methodical investigation, going far beyond the immediate evidence
and looking for underlying conditions, which may be remote from the site of the
marine casualty or marine incident, and which may cause other future marine
casualties and marine incidents. Marine safety investigations should therefore be seen
as a means of identifying not only immediate causal factors but also failures that may
be present in the whole chain of responsibility.
Chapter 17 INVESTIGATION OF MARINE CASUALTIES (OTHER THAN VERY
SERIOUS CASUALTIES) AND MARINE INCIDENTS
17.1 A marine safety investigation should be conducted into marine casualties (other
than very serious marine casualties – which are addressed in chapter 6 of this Code)
and marine incidents, by the flag State of a ship involved, if it is considered likely that
a marine safety investigation will provide information that can be used to prevent
marine casualties and marine incidents in the future.
17.2 Chapter 7 contains the mandatory requirements for determining who the marine
safety investigating State(s) are for a marine casualty. Where the occurrence being
investigated in accordance with this chapter is a marine incident, chapter 7 should be
followed as a recommended practice as if it referred to marine incidents.
Chapter 18 FACTORS THAT SHOULD BE TAKEN INTO ACCOUNT WHEN SEEKING
AGREEMENT UNDER CHAPTER 7 OF PART II
18.1 When the flag State(s), a coastal State (if involved) or other substantially
interested States are seeking to reach agreement, in accordance with chapter 7 of Part
II on which State or State(s) will be the marine safety investigating State(s)under this
Code, the following factors should be taken into account:
 whether the marine casualty or marine incident occurred in the territory, including
territorial sea, of a State;
 whether the ship or ships involved in a marine casualty or marine incident
 occurring on the high seas, or in the exclusive economic zone, subsequently sail
into the territorial sea of a State;
 the resources and commitment required of the flag State and other substantially
interested States;
 the potential scope of the marine safety investigation and the ability of the
 flag State or another substantially interested State to accommodate that scope;
 the need of the investigator(s) carrying out a marine safety investigation to access
evidence and consideration of the State or States best placed to facilitate that
access to evidence;
 any perceived or actual adverse effects of the marine casualty or marine incident
on other States;
 the nationality of the crew, passengers and other persons affected by the marine
casualty or marine incident.
Chapter 19 ACTS OF UNLAWFUL INTERFERENCE
19.1 If in the course of a marine safety investigation it becomes known or is suspected
that an offence is committed under article 3, 3bis, 3teror 3quarter of the Convention
for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988,
the marine safety investigation Authority should immediately seek to ensure that the
maritime security Authorities of the State(s) concerned are informed.
Chapter 20 NOTIFICATION TO PARTIES INVOLVED AND COMMENCEMENT OF
AN INVESTIGATION
20.1 When a marine safety investigation is commenced under this Code, the master,
the owner and agent of a ship involved in the marine casualty or marine incident being
investigated, should be informed as soon as practicable of:
 the marine casualty or marine incident under investigation;
 the time and place at which the marine safety investigation will commence;
 the name and contact details of the marine safety investigation Authority(ies);
 the relevant details of the legislation under which the marine safety investigation is
being conducted;
 the rights and obligations of the parties subject to the marine safety investigation;
and
 the rights and obligations of the State or States conducting the marine safety
investigation.
20.2 Each State should develop a standard document detailing the information in
paragraph 20.1 that can be transmitted electronically to the master, the agent and the
owner of the ship.
20.3 Recognizing that any ship involved in a marine casualty or marine incident may
continue in service, and that a ship should not be delayed more than is absolutely
necessary, the marine safety investigating State(s) conducting the marine safety
investigation should start the marine safety investigation as soon as is reasonably
practicable, without delaying the ship unnecessarily.
Chapter 21 CO-ORDINATING AN INVESTIGATION
21.1The recommendations in this chapter should be applied in accordance with the
principles in chapters 10 and 11 of this Code.
21.2 The marine safety investigating State(s) should ensure that there is an
appropriate framework within the State for:
the designation of investigators to the marine safety investigation including an
investigator to lead the marine safety investigation;
 the provision of a reasonable level of support to members of the marine safety
investigation;
 the development of a strategy for the marine safety investigation in liaison with
other substantially interested States;
 ensuring the methodology followed during the marine safety investigation is
consistent with that recommended in resolution A.884(21), as amended;
 ensuring the marine safety investigation takes into account any recommendations
or instruments published by the Organization or International Labour
Organization, relevant to conducting a marine safety investigation; and
 ensuring the marine safety investigation takes into account the safety management
procedures and the safety policy of the operator of a ship in terms of the ISM Code.
21.3 The marine safety investigating State(s) should allow a substantially interested
State to participate in aspects of the marine safety investigation relevant to it, to the
extent practicable.
21.3.1 Participation should include allowing representatives of the substantially
interested State to:
 interview witnesses;
 view and examine evidence and make copies of documents;
 make submissions in respect of the evidence, comment on and have their views
properly reflected in the final report; and
 be provided with the draft and final reports relating to the marine safety
investigation.
21.4 To the extent practical, substantially interested States should assist the marine
safety investigating State(s) with access to relevant information for the marine safety
investigation. To the extent practical, the investigator(s) carrying out a marine safety
investigation should also be afforded access to Government surveyors, coastguard
officers, ship traffic service operators, pilots and other marine personnel of a
substantially interested State.
21.5 The flag State of a ship involved in a marine casualty or marine incident should
help to facilitate the availability of the crew to the investigator(s) carrying out the
marine safety investigation.
Chapter 22 COLLECTION OF EVIDENCE
22.1 A marine safety investigating State(s) should not unnecessarily detain a ship for
the collection of evidence from it or have original documents or equipment removed
unless this is essential for the purposes of the marine safety investigation.
Investigators should make copies of documents where practicable.
22.2 Investigator(s) carrying out a marine safety investigation should secure records of
interviews and other evidence collected during a marine safety investigation in a
manner which prevents access by persons who do not require it for the purpose of the
investigation.
22.3 Investigator(s) carrying out the marine safety investigation should make effective
use of all recorded data including voyage data recorders if fitted. Voyage data
recorders should be made available for downloading by the investigator(s) carrying out
a marine safety investigation or an appointed representative.
22.3.1 In the event that the marine safety investigating State(s) do not have adequate
facilities to read a voyage data recorder, States with such a capability should offer
their services having due regard to the:
 available resources;
 capabilities of the read-out facility;
 timeliness of the read-out; and
 location of the facility.
Chapter 23 CONFIDENTIALITY OF INFORMATION
23.1 States should ensure that investigator(s) carrying out a marine safety
investigation only disclose information from a marine safety record where:
 it is necessary or desirable to do so for transport safety purposes and any impact
on the future availability of safety information to a marine safety investigation is
taken into account; or
 as otherwise permitted in accordance with this Code
23.2 States involved in marine safety investigation under this Code should ensure
that any marine safety record in its possession is not disclosed in criminal, civil,
disciplinary or administrative proceedings unless:
 the appropriate authority for the administration of justice in the State determines
that any adverse domestic or international impact that the disclosure of the
information might have on any current or future marine safety investigations is
outweighed by the public interest in the administration of justice; and
 where appropriate in the circumstances, the State which provided the marine
safety record to the marine safety investigation authorizes its disclosure.
23.3 Marine safety records should be included in the final report, or its appendices,
only when pertinent to the analysis of the marine casualty or marine incident. Parts of
the record not pertinent, and not included in the final report, should not be disclosed.
23.4 States need only supply information from a marine safety record to a
substantially interested State where doing so will not undermine the integrity and
credibility of any marine safety investigation being conducted by the State or States
providing the information.
23.4.1The State supplying the information from a marine safety record may require
that the State receiving the information undertake to keep it confidential.
Chapter 24 PROTECTION FOR WITNESSES AND INVOLVED PARTIES
24.1If a person is required by law to provide evidence that may incriminate them, for
the purposes of a marine safety investigation, the evidence should, so far as national
laws allow, be prevented from admission into evidence in civil or criminal proceedings
against the individual.
24.2 A person from whom evidence is sought should be informed about the nature
and basis of the investigation. A person from whom evidence is sought should be
informed, and allowed access to legal advice, regarding:
 any potential risk that they may incriminate themselves in any proceedings
subsequent to the marine safety investigation;
 any right not to self-incriminate or to remain silent;
 any protections afforded to the person to prevent the evidence being used against
them if they provide the evidence to the marine safety investigation.
Chapter 25 DRAFT AND FINAL REPORT
25.1 Marine safety investigation reports from a marine safety investigation should be
completed as quickly as practicable.
25.2 Where it is requested, and where practicable, the marine safety investigating
State(s) should send a copy of a draft marine safety investigation report for comment
to interested parties. However, this recommendation does not apply where there is no
guarantee that the interested party will not circulate, nor cause to circulate, publish
or give access to the draft marine safety investigation report, or any part thereof,
without the express consent of the marine safety investigating State(s).
25.3 The marine safety investigating State(s) should allow the interested party 30 days
or some other mutually agreed time to submit their comments on the marine safety
investigation report. The marine safety investigating State(s) should consider the
comments before preparing the final marine safety investigation report and where the
acceptance or rejection of the comments will have direct impact on the interests of the
interested party that submitted them, the marine safety investigating State(s) should
notify the interested party of the manner in which the comments were addressed. If
the marine safety investigating State(s) receives no comments after the 30 days or the
mutually agreed period has expired, then it may proceed to finalize the marine safety
investigation report
25.4Where it is permitted by the national laws of the State preparing the marine
safety investigation report, the draft and final report should be prevented from being
admissible in evidence in proceedings related to the marine casualty or marine
incident that may lead to disciplinary measures, criminal conviction or the
determination of civil liability.
25.5 At any stage during a marine safety investigation interim safety measures may be
recommended.
25.6 Where a substantially interested State disagrees with the whole or a part of a
final marine safety investigation report, it may submit its own report to the
Organization.
Chapter 26 RE-OPENING AN INVESTIGATION
26.1 Marine safety investigating State(s) which have completed a marine safety
investigation, should reconsider their findings and consider re-opening the
investigation when new evidence is presented which may materially alter the analysis
and conclusions reached.
26.2 When significant new evidence relating to any marine casualty or marine
incident is presented to the marine safety investigating State(s) that have completed a
marine safety investigation, the evidence should be fully assessed and referred to other
substantially interested States for appropriate input.
E. National Laws

27. The provisions of the National laws as prescribes in Part XII of the Merchant
Shipping Act,1958- Investigations & Inquiries the various types of Inquiries and
Investigations inter alia-

1. Preliminary inquiry- Departmental inquiry and findings or results may not be made
public;

2. Formal Investigation- Public investigation to get to the Truth;

3. Court conducting Formal Investigation may Inquire into charges of misconduct or

incompetency or wrongful act or default against master, mates or engineer for
causing shipping casualty;

4. Direct Inquiry in to charges of misconduct or incompetency of Master, mate &

Engineer;
5. Court to censure master, mate or engineer where suspension or cancellation of
certificate is not justified;

6. Dismissal or Removal of any Master and appointment of new Master;

7. Investigation by Marine Board overseas (Board of Marine inquiry) 1+2 members;

8. Power of CG to suspend/cancel COC of Master/Mate/Engineer on the basis of

inquiry/investigation stated above;

9. Power of CG to suspend/cancel other certificates on the basis of opinion that holder

is unfit provided an opportunity of making representations against the order proposed
is given;

10. Rehearing of cases by the court or marine board;

11. Constitution of Court of Survey for unsafe ships by Judge and two assessors;

12. Reference of difficult cases to scientific referees having same powers of a judge;

13. CG Investigations in to explosions or fires on board any ship; &

14. Inquiry in to cause of death on board Indian ship

28. The Indian Law, Merchant Shipping Act, 1958, has relevant provisions from
section 357 to 389.An extract of the relevant provisions is set out below:

PART I

Preliminary

(Section 3)

3(21) “Marine Board” means a Board of Marine Inquiry convened under section373;

PART XII

Investigations and Inquiries

(Sections 357 to 389)

357. Definition of “coasts”.—In this Part, the word “coasts” includes the coasts of
creeks and tidal rivers.

358. Shipping casualties and report thereof.—

(1) For the purpose of investigations and inquiries under this Part, a shipping casualty
shall be deemed to occur when—

(a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially
damaged;

(b) on or near the coasts of India, any ship causes loss or material damage to any
other ship;

(c) any loss of life ensues by reason of any casualty happening to or on board any ship
on or near the coasts of India;

(d) in any place, any such loss, abandonment, stranding, material damage or casualty
as above mentioned occurs to or on board any Indian ship, and any competent witness
thereof is found in India;

(e) any Indian ship is lost or is supposed to have been lost and any evidence is
obtainable in India as to the circumstances under which she proceeded to sea or was
last heard of.

(2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master,
pilot, harbour master or other person in charge of the ship, or (where two-ships are
concerned) in charge of each ship at the time of the shipping casualty, and in the
cases mentioned in clause (d) of sub-section (1), where the master of the ship
concerned or (except in the case of a loss) where the ship concerned proceeds to any
place in India from the place where the shipping casualty has occurred, the master of
the ship, shall, on arriving in India, give immediate notice of the shipping casualty to
the officer appointed in this behalf by the Central Government.

359. Report of shipping casualties to Central Government.—

(1) Whenever any such officer as is referred to in sub-section (2) of section 358
receives credible information that a shipping casualty has occurred, he shall forthwith
report in writing the information to the Central Government; and may proceed to make
a preliminary inquiry into the casualty.

(2) An officer making a preliminary inquiry under sub-section (1) shall send a report
thereof to the Central Government or such other authority as may be appointed by it
in this behalf.

360. Application to court for formal investigation.—The officer appointed under

sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may,
and, where the Central Government so directs, shall make an application to a court
empowered under section 361, requesting it to make a formal investigation into any
shipping casualty, and the court shall thereupon make such investigation.

361. Court empowered to make formal investigation.—1[A Judicial Magistrate of

the first class] specially empowered in this behalf by the Central Government and a
2[Metropolitan Magistrate] shall have jurisdiction to make formal investigation into
shipping casualties under this Part.

362. Power of court of investigation to inquire into charges against masters,

mates and engineers.—

(1) Any court making a formal investigation into a shipping casualty may inquire into
any charge of incompetency or misconduct arising, in the course of the investigation,
against any master, mate or engineer, as well as into any charge of a wrongful act or
default on his part causing the shipping casualty.

(2) In every case in which any such charge, whether of incompetency or misconduct,
or of a wrongful act or default, as aforesaid, arises against any master, mate or
engineer, in the course of an investigation, the court shall, before the commencement
of the inquiry, cause to be furnished to him a statement of the case upon which the
inquiry has been directed.

363. Power of Central Government to direct inquiry into charges of incompetency

or misconduct.—
(1) If the Central Government has reason to believe that there are grounds for charging
any master, mate or engineer with incompetency or misconduct, otherwise than in the
course of a formal investigation into shipping casualty, the Central Government,—

(a) if the master, mate or engineer holds a certificate under this Act, in any case;

(b) if the master, mate or engineer holds a certificate under the law of any country
outside India, in any case where the incompetency or misconduct has occurred on
board an Indian ship, may transmit a statement of the case to any court having
jurisdiction under section 361, which is at or nearest to the place where it may be
convenient for the parties and witnesses to attend, and may direct that court to make
an inquiry into that charge.

(2) Before commencing the inquiry, the court shall cause the master, mate or engineer
so charged to be furnished with a copy of the statement transmitted by the Central
Government.

364. Opportunity to be given to person to make defence.—For the purpose of any

inquiry under this Part into any charge against a master, mate or engineer, the court
may summon him to appear, and shall give him an opportunity of making a defence
either in person or otherwise.

365. Power of court as to evidence and regulation of proceedings.—1[

(1) ] For the purpose of any investigation or inquiry under this Part, the court making
the investigation or inquiry shall, in respect of compelling the attendance and
examination of witnesses and the production of documents and the regulation of the
proceedings, have the same powers as are exercisable by that court in the exercise of
its criminal jurisdiction. 2[(2) Subject to any rules made in this behalf by the Central
Government, the court making an investigation or inquiry under this Part may, if it
thinks fit, order the payment, on the part of that Government, of the reasonable
expenses of any witness attending for the purposes of such investigation or inquiry
before such court.]

366. Assessors.—
(1) A court making a formal investigation shall constitute as its assessors not less
than two and not more than four persons, of whom one shall be a person conversant
with maritime affairs and the other or others shall be conversant with either maritime
or mercantile affairs: Provided that, where the investigation involves, or appears likely
to involve, any question as to the cancellation or suspension of the certificate of a
master, mate or engineer, two of the assessors shall be persons having also experience
in the merchant service.

(2) The assessors shall attend during the investigation and deliver their opinions in
writing, to be recorded on the proceedings, but the exercise of all powers conferred on
the court by this Part or any other law for the time being in force shall rest with the
court.

(3) The assessors shall be chosen from a list to be prepared from time to time by the
Central Government.

367. Power to arrest witnesses and enter ships.—If any court making an
investigation or inquiry under this Part thinks it necessary for obtaining evidence that
any person should be arrested, it may issue a warrant for his arrest, and may, for the
purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any
general or special instructions from the Central Government, to enter any vessel, and
any officer so authorised may, for the purpose of enforcing the entry, call to his aid
any officer of police or customs or any other person.

368. Power to commit for trial and bind over witnesses.—Whenever, in the course
of any such investigation or inquiry, it appears that any person has committed in
India an offence punishable under any law in force in India, the court making the
investigation or inquiry may (subject to such rules consistent with this Act as the High
Court may from time to time make) cause him to be arrested, or commit him or hold
him to bail to take his trial before the proper court, and may bind over any person to
give evidence at the trial, and may, for the purposes of this section, exercise all its
powers as a criminal court.

369. Report by court to Central Government.—

(1) The court shall, in the case of all investigations or inquiries under this Part,
transmit to the Central Government a full report of the conclusions at which it has
arrived together with the evidence.

(2) Where the investigation or inquiry affects a master or an officer of a ship other
than an Indian ship who holds a certificate under the law of any country outside
India, the Central Government may transmit a copy of the report together with the
evidence to the proper authority in that country. 1[(3) The Central Government shall,
on receipt of the investigation report from the court, cause it to be published in the
Official Gazette.]

370. Power of court as to certificates granted by Central Government.—

(1) A certificate of a master, mate or engineer which has been granted by the Central
Government under this Act may be cancelled or suspended—

(a) by a court holding a formal investigation into a shipping casualty under this Part if
the court finds that the loss, stranding or abandonment of, or damage to, any ship, or
loss of life, has been caused by the wrongful act or default of such master, mate or
engineer;

(b) by a court holding an inquiry under this Part into the conduct of the master, mate
or engineer if the court finds that he is incompetent or has been guilty of any gross act
of drunkenness, tyranny or other misconduct or in a case of collision has failed to
render such assistance or give such information as is required by section 348.

(2) At the conclusion of the investigation or inquiry, or as soon thereafter as possible,

the court shall state in open sitting the decision to which it may have come with
respect to the cancellation or suspension of any certificate and, if suspension is
ordered, the period for which the certificate is suspended.

(3) Where the court cancels or suspends a certificate, the court shall forward it to the
Central Government together with the report which it is required by this Part to
transmit to it.

371. Power of court to censure master, mate or engineer.—Where it appears to the

court holding an investigation or inquiry that having regard to the circumstances of
the case an order of cancellation or suspension under section 370 is not justified, the
court may pass an order censuring the master, mate or engineer in respect of his
conduct.

372. Power of court to remove master and appoint new master.—

(1) A 1[Judicial Magistrate of the first class] specially empowered in this behalf by the
(Central Government or a 2[Metropolitan Magistrate], may remove the master of any
ship within his jurisdiction if the removal is shown to his satisfaction to be necessary.

(2) The removal may be made upon the application of the owner of any ship or his
agent, or of the consignee of the ship, or of any certificated officer or of one-third or
more of the crew of the ship.

(3) The 3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case
may be,] may appoint a new master instead of the one removed, but where the owner,
agent or consignee of the ship is within his jurisdiction, such an appointment shall
not be made without the consent of that owner, agent or consignee.

(4) The 3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case
may be,] may also make such order and require such security in respect of the cost of
the matter as he thinks fit.

373. Convening of Marine Boards outside India.—Whenever—

(a) a complaint is made to an Indian consular officer or a senior officer of any ship of
the Indian Navy in the vicinity (hereinafter referred to as naval officer) by the master or
any member of the crew of an Indian ship and such complaint appears to the Indian
consular officer or naval officer, as the case may be, to require immediate
investigation; or

(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an
Indian consular officer or naval officer, as the case may be, to require it; or

(c) an allegation of incompetency or misconduct is made to an Indian consular officer

or a naval officer against the master or any of the officers of an Indian ship; or
(d) any Indian ship is lost, abandoned or stranded at or near the place where an
Indian consular officer or naval officer may be or whenever the crew or part of the crew
of any Indian ship which has been lost, abandoned or stranded arrives at that place;
or

(e) any loss of life or any serious injury to any person has occurred on board an Indian
ship at or near that place, the Indian consular officer or the naval officer, as the case
may be, may, in his discretion, convene a Board of Marine Inquiry to investigate the
said complaint or allegation or the matter affecting the said interest or the cause of the
loss, abandonment or the stranding of the ship or of the loss of life or of the injury to
the person.

374. Constitution and procedure of Marine Board.—

(1) A Marine Board shall consist of the officer convening the Board and two other
members.

(2) The two other members of the Marine Board shall be appointed by the officer
convening the Marine Board from among persons conversant with maritime or
mercantile affairs.

(3) The officer convening the Marine Board shall be presiding officer thereof.

(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate
its own procedure.

375. Decisions of Marine Board to be by majority.—Where there is a difference of

opinion among members of the Marine Board, the decision of the majority of the
members shall be the decision of the Board.

376. Powers of Marine Board.—

(1) A Marine Board may, after investigating and hearing the case—

(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the
interest of the owner of an Indian ship or the owner of the cargo thereof requires it,
remove the master and appoint another qualified person to act in his stead;
(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has
been guilty of any act of misconduct or in a case of collision has failed to render such
assistance or give such information as is required by section 348 or that loss,
abandonment or stranding of or serious damage to any ship, or loss of life or serious
injury to any person has been caused by the wrongful act or default of any master or
ship’s officer of an Indian ship, suspend the certificate of that master or ship’s officer
for a stated period: Provided that no such certificate shall be suspended unless the
master or officer concerned has been furnished with a statement of the case in respect
of which investigation has been ordered and he has also been given an opportunity of
making a defence either in person or otherwise;

(c) discharge a seaman from an Indian ship and order the wages of any seaman so
discharged or any part of those wages to be forfeited;

(d) decide any questions as to wages, fines or forfeitures arising between any of the
parties to the proceedings;

(e) direct that any or all of the costs incurred by the master or owner of an Indian ship
or on the maintenance of a seaman or apprentice while in prison outside India shall be
paid out of and deducted from, the wages of that seaman or apprentice, whether
earned or subsequently earned;

(f) if it considers such a step expedient, order a survey to be made of any Indian ship
which is the subject of investigation;

(g) order the costs of proceedings before it or any part of those costs, to be paid by any
of the parties thereto, and may order any person making a frivolous or unjustified
complaint to pay compensation for any loss or delay caused thereby; and any costs or
compensation so ordered to be paid by any person shall be paid by that person
accordingly and may be recovered in the same manner in which wages of seaman are
recoverable or may be deducted from the wages due to that person.

(2) All orders made by a Marine Board shall, whenever practicable, be entered in the
official log book of the ship which is the subject of investigation or on board which the
casualty or occurrence or conduct investigated took place, and be signed by the
presiding officer of the Board.
377. Powers of Central Government to cancel, suspend, etc., certificate of master,
mate or engineer.—

(1) Any certificate which has been granted by the Central Government under this Act
to any master, mate or engineer, may be cancelled or suspended for any specified
period, by the Central Government in the following cases, that is to say,—

(a) if, on any investigation or inquiry made by any court, tribunal or other authority for
the time being authorised by the legislative authority in any country outside India, the
court, tribunal or other authority reports that the master, mate or engineer is
incompetent or has been guilty of any gross act of misconduct, drunkenness or
tyranny, or in a case of collision has failed to render assistance, or to give such
information as is referred to in section 348, or that the loss, stranding or
abandonment of, or damage to, any ship or loss of life has been caused by his
wrongful act or default;

(b) if the master, mate or engineer is proved to have been convicted—

(i) of any offence under this Act or of any non-bailable offence committed under any
other law for the time being in force in India; or

(ii) of an offence committed outside India, which, if committed in India, would be a

non-bailable offence;

(c) if (in the case of a master of an Indian ship) he has been superseded by the order of
any court of competent jurisdiction in India or outside India. 1[(1A) Any certificate
within the meaning of clause (b) of section 87A may be cancelled or suspended for any
specified period by the Central Government if the person to whom such certificate has
been granted has contravened the provisions of sub-section (1) or sub-section (2) of
section 87B: Provided that no order under this sub-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.]

(2) The Central Government may at any time, if it thinks the justice of the case so
requires,—
(a) revoke any order of cancellation or suspension made by it under 2[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 of suspension ordered by it under 3[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 3[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) of 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 (2) 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 Government, 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 all 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 for 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,
1[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 which 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 or 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 accompanied 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 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 immediately 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 survey made in pursuance of this section.

(6) The Judge shall report the proceedings of the court in each case to the Central
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 purposes of this Part with respect to a court of survey and in particular, 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 security for costs and damages;

(c) the amount and application of fees; and

(d) the ascertainment, 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 difficulty or important principle, if
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 qualifications 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 appellant, or in default of any such agreement, by the Central Government;
and thereupon the appeal shall be determined, by the referee or referees 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.—

(1) 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 or

persons referred to in section 388 may go on board the ship on which the explosion or
fire has occurred 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.

452. Inquiry into cause of death on board Indian ship.—

(1) If any person dies on board a foreign-going Indian ship, the proper officer at the
port where the crew of the ship is discharged, or the proper officer at any earlier port
of call in India, shall, on the arrival of the ship at that port, inquire into the cause of
death and shall make in the official log book an endorsement to the effect, either that
the statement of the cause of death in the book is in his opinion true, or the contrary
according to the result of the inquiry.

(2) If, in the course of any such inquiry, it appears to the proper officer that a death
has been caused on board the ship by violence or other improper means, he shall
either report the matter to the Director General or, if the emergency of the case so
requires, shall take immediate steps for bringing the offender to trial.

Section 436-Penalties under the Act on Master of the Ship

 Section 348- Fine up to Rs3000/- and imprisonment up to 3 months
 Section 358(2)- Fine up to Rs500/- and imprisonment up to 3 months
 Section 378- Fine up to Rs 500/-

29. Additional Inquiry- In addition, the Central Government is empowered under

section 87 of the act to make rules for controlling the act of incompetency or
misconduct of Master or Officers on board ships who have been issued with COC
under the Act. In this context, inquiry by the Chief examiner is carried out for
suspension/cancellation of COC under MS suspension and cancellation of Certificate
of Competency Rules 2002. An extract of the same is given below:

MINISTRY OF SHIPPING (Shipping Wing) NOTIFICATION New Delhi the 27th

February, 2003

G.S.R. 114.--- In exercise of the powers conferred by Clause (h) Sub-section (2) of
Section 87 read with section 457 of the Merchant Shipping Act, 1958 (44 of 1958), the
Central Government hereby makes the following rules, namely :--

Short title, commencement-These Rules may be called the Merchant Shipping

(Cancellation or Suspension of Certificate of Competency) Rules, 2003.

They shall come into force on the date of their publication in the Official Gazette.

Grounds for cancellation or Suspension of Certificates of Competency by Chief

Examiner of Master & Mates or Chief Examiner of Engineers--

Any Certificate of Competency, which has been granted by the Central Government
or an officer duly authorized by it in this behalf, under Sections 78 and 79 of the
Merchant Shipping Act, 1958 to any person may be cancelled or suspended for any
specified length of period by the Chief Examiner of Master and Mates or the Chief
Examiner of Engineers, on the following circumstances:--

Incompetency, omission or commission of such acts by the holder of the Certificate,

which may lead to personal injury, death or shipping casualty.

If it is found that the said person is guilty of any gross act of misconduct,
drunkenness or tyranny, or in a case of collision, has failed to render assistance, or to
give such information, or that the loss, stranding or abandonment of, or damage to
any ship, or loss of life has been caused by his wrongful act or default.

Enquiry into misconduct/incompetency-The cancellation or suspension of Certificate

of Competency shall be made only after enquiry by the Chief Examiner or an
authorized Officer on his behalf.

Issue of show cause notice--No order shall be passed for cancellation or suspension
of certificates unless the person concerned has been given a reasonable opportunity of
giving representation against the proposed order through appropriate show cause
notice.

Provision for appeal against order of cancellation/suspension-A person whose

certificate has been cancelled or suspended may appeal against such order to the
Director General of Shipping within 30 days from the date of receipt of such order
canceling or suspending his Certificate of Competency. The decision of the Director
General of Shipping shall be final.

ORDER OF CANCELLATION/SUSPENSION OF CERTIFICATE OF COMPETENCY

Whereas upon an inquiry conducted against Capt./Shri ----. holder of Certificate of

Competency as ------. , being number ----- dated ---. , the said Capt./Shri -----. has
been found guilty of misconduct/misbehavior on the following counts:-

and therefore, Chief Examiner of Master and Mates/Chief Examiner of Engineers

having satisfied that there are sufficient grounds to believe that the said Capt./Shri
------ is incompetent, hereby orders that the Certificate of Competency No ----- held by
the officer be cancelled /suspended for a period of ------- years ---- months with
immediate effect.

The said Capt./Shri ---- if he so desires, may appeal against this order within a period
of 30 days from the date of receipt of this order to the Director General of Shipping,
Mumbai whose decision shall be final.

Chief Examiner of Masters & Mates / Chief Examiner of Engineers

Dated -----
To,

Capt./Shri----

Copy to

Principal Officer,

Mercantile Marine Department,

Mumbai/Chennai/Kolkata.

INSA

FOSMA

MASSA

SHOW CAUSE NOTICE

Whereas the Chief Examiner of Master and Mates/Chief Examiner of Engineers has,
after due enquiry found that Capt./Shri ----- holder of certificate of competency no ---
dt ----- while working on the ship MV/MT/MFV ----- during the period from --- to ----.
behaved in a manner of unbecoming of an Officer/displayed total incompetency
resulting into personal injury/loss of life/shipping casualty involving collision,
stranding, abandonment/committed wrongful act, and accordingly Capt./Shri ---- is
hereby advised to show cause within 15 days from date of this notice to explain as to
why his certificate of competency no ---- dated ---- may not be cancelled/suspended.

Chief Examiner of Masters & Mates / Chief Examiner of Engineers

Dated ----

To,

Capt./Shri -------

Copy to

Principal Officer,

Mercantile Marine Department,

Mumbai/Chennai/Kolkata.

INSA

FOSMA

MASSA

F. Concluding Remarks
30. The casualty code though has harmonized the procedures of safety investigation in
respect of shipping casualty; nevertheless, it is prudent on part of the seafarers to
know his human rights and civil rights in course of the conduct of shipping casualty
investigation.
31. It may be noted carefully that procedure for legal proceedings may vary from
Jurisdiction to Jurisdiction. It is therefore advisable for the seafarer to seek assistance
of a legal expert or qualified lawyer.
32. Universal Declaration of Human Rights (UDHR)-The UDHR provides that everyone
has the right to leave any country and return to his own. It is therefore normally
difficult to justify withholding of a passport, let alone hotel arrest or detention in
custody, on the mere ground that the individual has been charged with an offence,
unless there is at least a reasonable possibility that he could, if convicted, be
punished by a term of imprisonment.

G. Supplementary Readings

1. Cases pending with various courts on Criminalization of seafarer

2. IMO Circulars /Resolutions on Fair Treatment to seafarer
3. Casualty investigations reports of key causalities
4. Casualty Circulars issued by Maritime Administration.
H. References
1. Nautical Institutes relevant publications
2. Other Flag State Laws
I. Assignments
1. State the salient points of mandatory and non mandatory part of the casualty
Code.

2. Discuss the following with respect to Casualty Code, 2008

 Obligation of Flag State , Coastal and Substantially State to investigate in to very
serious shipping Casualty.
 Obligation to conduct expeditious, objective & impartial investigation
 Obligation to conduct casualty investigation in to marine incident
 Content of the Casualty investigation report
 Primary and Secondary objectives of the Code as specified under code/regulation 6
of SOLAS,1974, Chapter XI-1.

3. What is shipping Casualty as per Merchant shipping Act,1958? What is your

obligation as a Master with regard to shipping casualty.

4. During the process of preliminary inquiry a ships officer was found to be negligent
in his duties. What punitive steps can be initiated as per the Merchant Shipping
Act,1958

5. Discuss at least two cases in which seafarers were criminalized and what steps IMO
and UNO has prescribed to protect the interest of seafarers.

6. State the Purpose of formal investigation as specified in section 360/361 of the

Merchant Shipping Act,1958

7.State the circumstances under which the certificate of competency issued under
section 76 of the Merchant Shipping Act, 1958 to the Master, Mate or Engineer can be
either suspended or cancelled. Support your answer with examples.