Merchant Shipping Act,1958
Act No : 44
Section :
Application to ships other than Indian ships of provisions as todetention.
342. Application to ships other than Indian ships of provisions as to detention. When a ship other than an Indian ship is in a port in India and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, the provisions of this Part with respect to the detention of ships shall apply to that ship as if she were an Indian ship with the following modifications, namely:-- (a) a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer for 562 the country to which the ship belongs at or nearest to the port in which such ship is detained; (b) the consular officer, at the request of the owner or master of the ship, may require that the person appointed by the Central Government to survey the ship shall be accompained by such person as the consular officer may select, and in that case, if the surveyor and that person agree, the Central Government shall cause the ship, to be detained or released accordingly; but, if they differ, the Central Government may act as if the requisition had not been made, and the owner and master shall have the like right of appeal to a court of survey touching the report of the surveyor as is hereinbefore provided in the case of an Indian ship; and (c) where the owner or master of the ship appeals to the court of survey, the consular officer, at the request of the owner or master, may appoint a competent person to be assessor in the case in lieu of the assessor who, if the ship were an Indian ship, would be appointed otherwise than by the Central Government.
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