Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971) - Sect 273

Power of Courts as to certificates

273.
(1) The certificate of a master, mate or engineer of a ship 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 or abandonment of, or serious damage to, any ship or loss of life has been caused by his wrongful act or default, so however that the Court shall not cancel or suspend a certificate unless at least one of the assessors concurs in the finding of the Court; or
(b) by a Court holding an inquiry under this Part into the conduct of a master, mate or engineer of a ship if the Court finds that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness, or tyranny or that in a case of collision he has failed to render such assistance or give such information as is required by Part VII.
(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 Director together with the report which it is required by this Part to transmit to him.


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