Section 13 in The Indian Merchant Shipping (Medical Examination) Rules, 1958
13. Application for re-examination.
(1)The Central Government shall setup an authority to be known as 'The Medical Appeal Board for Seamen' consisting of at least two doctors not connected with any shipowner or with any organisation of shipowners or seafarers, to consider applications for re-examination of seamen [who fail to get certificates of physical fitness for sea service or whose certificates of physical fitness have been cancelled under the proviso to sub rule (1) of rule 12] [Substituted by G.S.R. 405, dated 25th February, 1964.] at each of the ports of Bombay and Calcutta and if necessary, at any other place where arrangements for medical examination of seamen exist.(2)Against a decision of the Medical authority, a seaman may, within a period of 3 months [from the date on which the certificate is issued to him or, as the case may be, from the date on which the certificate of medical fitness issued to him has been cancelled] [Substituted by G.S.R. 405, dated 25th February, 1964.] by the Medical authority, submit an application to the Appeal Board through the Director of the Port or place at which he was medically examined :[Provided that an application may be admitted after the said period of three months if the Appeal Board is satisfied that the seaman had sufficient cause for not making the application within such period.] [Inserted by S.O. 2457, dated 30th October, 1959.](3)Every application for re-examination shall be accompanied by a fee of Rs. 5.(4)On receipt of the application and the fee, the Director shall render it to the Appeal Board and thereafter inform the seaman of the time and place of his examination by the Appeal board.(5)[ The decision of the Appeal Board shall, subject to the provisions of sub-rule (6).] [G.S.R. 825, dated 18th July, 1960](6)A seaman who has put in not less than five years of active service and obtained a certificate from a Government Medical Specialist (not below the rank of a Civil Surgeon) in the particular disabilities in relation to which the seaman was previously declared unfit by the Appeal Board testifying that the seaman has been cured of the disabilities may, within a period of twelve month from the date on which he was declared unfit by the Appeal Board on test examination and on payment of a fee of Rs. 10/- apply to the Appeal Board for further medical re-examination.
