The Merchant Shipping Act, 1958

Section 372. Power of court to remove master and appoint new master

In force · As amended up to 2026-08

372. Power of court to remove master and appoint new master. ―(1) A[1] [Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government or a[2] [Metropolitan Magistrate] may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary. (2) The removal may be made upon the application of the owner of any ship or his agent, or of the consignee of the ship or of any certificated officer or of one-third or more of the crew of the ship. (3) The[3] [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee. (4) The[3] [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be] may also make such order and require such security in respect of the cost of the matter as he thinks fit. Marine Board 373. Convening of Marine Boards outside India .―Whenever― (a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian Navy in the vicinity (hereinafter referred to as naval officer) by the master or any member of the crew of an Indian ship and such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immediate investigation; or (b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or naval officer, as the case may be, to require it; or (c) an allegation of in competency or misconduct is made to an Indian consular officer or a naval officer against the master or any of the officers of an Indian ship; or (d) any Indian ship is lost, abandoned or stranded at or near the place where an Indian consular officer or naval officer may be or whenever the crew or part of the crew of any Indian ship which has been lost, abandoned or stranded arrives at that place; or (e) any loss of life or any serious injury to any person has occurred on board an Indian ship at or near that place; the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convene a Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said 1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for "magistrate of the first class" (w.e.f. 18-5-1983). 2. Subs. by s. 17 and the Schedule, ibid., for "presidency magistrate" (w.e.f. 18-5-1983). 3. Subs. by s. 17 and the Schedule, ibid., for "magistrate" (w.e.f. 18-5-1983). interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury to the person.

Source: India Code

How this section changed

  1. substituted by Act 12 of 1983, s. 17

    In force from 18 May 1983

    Earlier wording: “magistrate of the first class”

    Footnote: 1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for "magistrate of the first class" (w.e.f. 18-5-1983).

  2. substituted by Act 12 of 1983, s. 17

    In force from 18 May 1983

    Earlier wording: “presidency magistrate”

    Footnote: 2. Subs. by s. 17 and the Schedule, ibid., for "presidency magistrate" (w.e.f. 18-5-1983).