74. Reporting of casualty, accident, wreck, etc.— (1) The State Government, may by notification,
appoint any designated authority for the purposes of this Chapter.
(2) The owner, operator or master of a mechanically propelled inland vessel, shall give information of
any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a
vessel while in the inland waters, to the officer in-charge of the nearest police station and to the
designated authority appointed under sub-section (1), in such form and manner as may be prescribed by
the State Government.
(3) The designated authority shall at once report the contents of the information referred to in subsection (2) to the District Magistrate.
(4) The officer in-charge of the police station shall, on receipt of information referred to in subsection (2), investigate into the matter and submit a report to the jurisdictional Judicial Magistrate in
accordance with the provisions of Chapter XII of the Code of Criminal Procedure, 1973 (2 of 1974).
(5) The Judicial Magistrate may, on receiving the report referred to in sub-section (4), take action as
he may deem fit in accordance with the provisions of Chapter XVI.
75. Preliminary enquiry by designated authority and inquiry by District Magistrate.— (1) The
designated authority may, in pursuance of the information referred to in sub-section (2) of section 74,
conduct a preliminary enquiry and submit a report thereof to the District Magistrate, who shall transmit
the same to the concerned State Government.
(2) The State Government may, on receipt of the report referred to in sub-section (1), if deemed
necessary, direct the District Magistrate to submit an additional report to it and send a copy thereof to the
Judicial Magistrate of the first class referred to in sub-section (4) of section 74 through the jurisdictional
police.
(3) The powers of the District Magistrate referred to in sub-section (2) and the procedures to be
followed by him in holding the inquiry for submission of additional report shall be such as may be
prescribed by the State Government.
76. Assessors.—(1) For the purposes of this Chapter, the State Government may appoint and
maintain a list of assessors, which may be revised from time to time.
(2) The State Government shall, by rules made in this behalf, specify the qualifications, criteria and
consideration, fees or charges for the assessors, who are conversant with the maritime affairs and have
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experience in the merchant service or in the navigation of the mechanically propelled inland vessels and
willing to act as an assessor.
(3) The District Magistrate may, for the purposes of assisting in the inquiry under this Chapter,
appoint any number of assessors, from the list of assessors provided to him by the State Government.
(4) In every inquiry, other than the one specified in sub-section (3), the District Magistrate may, if he
thinks fit, appoint an assessor, for the purposes of such inquiry, any person.
(5) Every person appointed as an assessor under this section shall assist the District Magistrate in the
inquiry and deliver his opinion as may be sought for, which shall be recorded in the proceedings.
77. Report of District Magistrate to be notified by State Government.—(1) The District
Magistrate shall, in the case of every inquiry under this Chapter, make a full report of the conclusions at
which he has arrived, together with the evidence recorded and the written opinion of any assessor.
(2) The State Government shall, on receipt of the report referred to in sub-section (1) from the District
Magistrate, cause it to be published by notification in its Official Gazette.
78. Powers of District Magistrate subsequent to inquiry.— (1) The District Magistrate may, after
inquiry, recommend in his report for cancellation or suspension or confiscation of a certificate of
competency or a certificate of service granted to a master, crew or engineer by the State Government
under Chapter VI, if such District Magistrate finds that—
(a) the accident or casualty, including loss, stranding or abandonment of, or damage to, any
mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or default of
such master or engineer;
(b) such master or engineer 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 or notice as may be required under this Act.
(2) At the conclusion of the inquiry, or as soon thereafter as possible, the District Magistrate shall
state in open sitting, the decision arrived at by him with respect to the cancellation or suspension or
confiscation of any certificate of competency or a certificate of service and, if suspension is ordered, the
period for which the certificate is suspended.
(3) Without prejudice to the provisions of this section, the District Magistrate may also make such
order and require such security in respect of the costs of the matter as he may deem fit and necessary in
the circumstances of the case.
79. Power of State Government to suspend, cancel and confiscate certificate.—(1) The State
Government, in whose jurisdiction the certificate of competency or a certificate of service was granted
under Chapter VI, may cancel or suspend any such certificate or, in the event of the vessel being found in
the jurisdiction of another State Government, such State Government may confiscate the certificate, if,—
(a) on any inquiry made under this Chapter, the District Magistrate reports for cancellation or
suspension or confiscation of that certificate under section 78; or
(b) the holder of such certificate is proved to have been convicted of any non-bailable offence; or
(c) the holder of such certificate is proved to have deserted his vessel or has absented himself
without leave and without sufficient reason, from his vessel or from his duty; or
(d) in the case of a person holding any designation as provided by the certificate of competency
or certificate of service, is or has become, in the opinion of the State Government, unfit to act in such
designation, as the case may be.
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(2) Every person whose certificate of competency or a certificate of service is suspended or cancelled
under this Chapter shall deliver it to such person as the State Government, which suspended or cancelled
it, may direct.
(3) If any State Government cancels, suspends or confiscates the certificate of competency or a
certificate of service granted under Chapter VI, the proceedings and the fact of confiscation and
recommendation for suspension or cancellation, shall be reported to the State Government which has
originally issued, granted or endorsed such certificates.
(4) The State Government may, at any time, revoke any order of suspension or cancellation or
confiscation which it may have made under this Chapter, or grant a certificate anew, for reasons to be
recorded in writing, to any person whose certificate it has so cancelled and such certificate granted anew,
shall have the same effect as a certificate of competency granted under this Act after examination.