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[Cites 0, Cited by 0] [Section 323] [Entire Act]

Union of India - Subsection

Section 323(5) in The Merchant Shipping Act, 1958

(5)If it is found [on any inspection under sub-section (2) or, as the case may be, sub-section (2-A)] [Substituted by Act 25 of 1970, Section 12, for " on any such inspection" (w.r.e.f. 21.7.1968).] that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub-section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 336 (in the case of an Indian ship) or for the purpose of section 342 (in the case of any other ship):Provided that where the ship has been detained under either of the last-mentioned sub-sections, the Central Government shall order the ship to be released as soon as, it is satisfied that the ship is fit to proceed to sea without danger to human life.