Section 14 in The Merchant Shipping (Medical Examination) Rules, 2000
14. Appeal against the decision of the medical examiner.
- [(1) A person undergoing medical examination under the provisions of these rules may, within a period of sixty days from the date on which the person is aggrieved by the decision of medical examiner, appeal against such decisions to the Appellate Authority through the Director, Seamen's Employment Office:Provided that, an appeal may be admitted after the expiry of the period of sixty days, if the appellant satisfies the Director, Seamen's Employment Office that the person had sufficient cause for not making such appeal within the specified period.] [Substituted by Notification No. G.S.R. 128 (E), dated 29.1.2016 (w.e.f. 19.1.2000).](2)Every appeal made under this rule shall be accompanied by a copy of the order appealed against.(3)On receipt of the appeal the Director, Seamen's Employment Office shall refer it to the appellate authority immediately and if ordered inform the seaman of the date, time and place of his examination by the appellate authority.(4)The appellate authority, before disposing of an appeal, shall give a reasonable opportunity of being heard to the appellant.(5)An appeal shall be disposed of as expeditiously as possible but within a period of sixty days from the date of filing of the appeal.(6)The appellate authority may confirm, modify or reverse the order, appealed against.(7)The decision of the appellate authority shall be binding on the seaman as well as owner or agent of the ship.(8)A seaman who has put in active service on ships for not less than five years, may apply to the Director, Seaman's Employment Office within a period of one year from the date on which the appellate authority had declared him permanently unfit for reviewing his case if he has obtained a certificate of fitness from a medical specialist in that branch of medical science to which his ailment relates. Provided that the Director, Seamen's Employment Office may admit any such review application made after the said period of one year if he is satisfied that the seaman had sufficient cause for not making the application within the said period.
