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Union of India - Section

Section 372 in The Merchant Shipping Act, 1958

372. Power of Court to remove master and appoint new master. -

(1)A [Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government or a [Metropolitan Magistrate] [ Substituted by Act 12 of 1983, Section 17 and Schedule, for " Presidency Magistrate" (w.e.f. 18.5.1983).], 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 [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] [ Substituted by Act 12 of 1983, Section 17 and Schedule, for " Magistrate" (w.e.f. 18.5.1983).] 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 [Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] [Substituted by Act 12 of 1983, Section 17 and Schedule, for " Magistrate" (w.e.f. 18.5.1983).] may also make such order and require such security in respect of the cost of the matter as he thinks fit.Marine Board