Merchant Shipping Act,1958

Act No : 44

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Section : Powers and procedure of court of survey.

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. ---------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 17 and Sch., for certain words. 579 (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.

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