Section 9 in The Merchant Shipping (Continuous Discharge Certificate) Rules, 2017
9. Cancellation, withdrawal or suspension of a Continuous Discharge Certificate.
(1)Where the Director General of Shipping is satisfied that a Seafarer has committed a misconduct of a nature specified in section 190 of the Act or on a report received by him that a seafarer has deserted his ship in the circumstances specified in section 192, or that he has been convicted of an offence of the nature referred to in sub-section (2) of section 195 of the Act, he may direct to the Shipping Master that Continuous Discharge Certificate of such seafarer shall be cancelled or withdrawn or suspended for such period as may be specified in the order;(2)If a seafarer is guilty of an offence of committing any of the acts mentioned in section 194 of the Act or is convicted of an offence under any other law for the time being in force, the Director General may direct to the Shipping Master that Continuous Discharge Certificate of such seafarer shall be cancelled or withdrawn or suspended for such period as may be specified in the order.(3)Where the Director General of Shipping is satisfied that the holder of a Continuous Discharge Certificate granted under these rules, committed a misconduct and or endangering life on ship while working on any ship on any flag, he may direct the Shipping Master that Continuous Discharge Certificate of such seafarer shall be cancelled or withdrawn or suspended for such period as may be specified in the order.(4)If the Shipping Master has reasons to believe that the holder of a Continuous Discharge Certificate granted under these rules has obtained the same by providing false or erroneous information, he shall cancel such Continuous Discharge Certificate forthwith;(5)If a person applies for obtaining Continuous Discharge Certificate, with the false or fake documents, his application shall be rejected forthwith.(6)If any authority under the Act has reason to believe that entries made in the Continuous Discharge Certificate are forged or false entries, then such authority shall with its conclusive findings and proof refer it to the Shipping Master for cancellation of such Continuous Discharge Certificate.(7)If it is reported to or detected by the Shipping Master that the entries made in the Continuous Discharge Certificate forged or false, then he shall cancel such Continuous Discharge Certificate forthwith.(8)If it is reported to or detected by any authority under the Act that the seafarer has obtained false or forged Certificates under the Act, the shipping master shall cancel the Continuous Discharge Certificte.(9)A person whose Continuous Discharge Certificate is cancelled under sub-rules (1),(2),(3),(4),(6), (7) and (8) and a person whose application is rejected under sub-rule (5), shall be debarred for applying and obtaining Continuous Discharge Certificate for a period upto five years and shall not be granted Continuous Discharge Certificate during this period;(10)Where the Continuous Discharge Certificate has been cancelled or suspended or a person debarred, as above, the reasons for the same shall be intimated in writing to the person to whom it was issued and a copy of the order of such cancellation or suspension or debarment as the case may be, shall be endorsed to all other Shipping Masters in India and the Director General of Shipping.(11)Before cancellation, withdrawing or suspension of the Continuous Discharge Certificate as the case may be, the Continuous Discharge Certificate holder shall be intimated in writing and given an opportunity to represent his case before the Shipping Master. The Shipping Master shall also intimate in writing the reasons for cancellation, withdrawing or suspension, as the case may be to the Continuous Discharge Certificate holder.(12)If a Continuous Discharge Certificate holder wishes to discontinue the sea service and request for cancellation of his Continuous Discharge Certificate, the same shall be cancelled by the Shipping Master.
