Section 481: Power of Federal Government to direct inquiry into charges of incompeteney or

481. Power of Federal Government to direct inquiry into charges of incompeteney or misconduct.—(1) If the Federal Government has reason to believe that there are grounds for charging any master, mate or engineer with incompetency, misconduct, drunkenness or tyranny, otherwise than in the course of an inquiry under section 472, the Federal Government— (a) if the master, mate or engineer holds a certificate under this Ordinance, in any case; and. (b) if the master, mate or engineer holds a certificate under the law of a country other than Pakistan, in any case where the incompetency or misconduct has occurred on board a Pakistani ship, may transmit a statement of the case to any Court having jurisdiction under section 472 which is at or nearest to the place, where it may be convenient for the parties and witnesses to attend, and direct that Court to make an inquiry into that charge. (2) Notwithstanding the provisions of sub-section (1), the Federal Government may, where it considers expedient to do, appoint a person to make an inquiry if it has reason to believe that any master, mate or engineer is, due to incompetency or misconduct, unfit to discharge his duties, or that, in the case of a collision, has failed to render such assistance or information as is required by section 415 and transmit a statement of the case to such person. (3) Before commencing an inquiry under this section the Court or the person appointed under sub-section (2), shall cause the master, mate or engineer so charged to be furnished with a copy of the statement transmitted by the Federal Government. (4) Where the inquiry is made by a person appointed under sub-section (2), that person, for the purpose of the inquiry, shall have all such powers as are specified in sub-section (3) of section 471, and shall give a report of the case to the Federal Government: Provided that no such inquiry shall be made without giving the master, mate or engineer concerned an opportunity of making a representation.

Effective date: 2001-01-01

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