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02/07/2022
Laws of Bangladesh

The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

1Chapter III

MANNING, EXAMINATION AND CERTIFICATION

Suspension and cancellation of certificate
 
 
 
 
42. (1) A certificate of competency granted under this Ordinance may be suspended or cancelled by the Director-General if the person holding the certificate-
 
 
 
 
(a) has been convicted of an offence under this Ordinance or of any other non-bailable offence; or
 
 
 
 
(b) has been on duty on board an inland ship which proceeded on any voyage or was used for any service in contravention of the provisions of this Ordinance; or
 
 
 
 
(c) has been certified by a medical officer appointed by the Director-General to be physically unfit for the performance of his duties; or
 
 
 
 
(d) has become, in the opinion of the Director-General, unfit to act in the capacity in which he is authorised to act in terms of the certificate; or
 
 
 
 
(e) has been reported by any court, authority or officer conducting any trial, inquiry or investigation under this Ordinance-
 
 
 
 
(i) that any shipping casualty, or wreck or abandonment of any inland ship or the loss or damage to any such ship or any loss of life, or any injury or damage to person or property, has been caused by or due to any wrongful act or default of such person; or
 
 
 
 
(ii) that such person has been incompetent or guilty of gross act of negligence, drunkenness or other misconduct:
 
 
 
 
Provided that no certificate of a person shall be suspended or cancelled except after giving him an opportunity of showing cause against it and, in a case referred to in clause (e), also after furnishing him a copy of the report of the court, authority or officer.
 
 
 
 
(2) A certificate of competency suspended or cancelled under sub-section (1) shall be delivered to such person and within such time as the order of suspension or cancellation may specify.
 
 
 
 
(3) The Government or any officer authorised by the Government in this behalf may, at any time on consideration of the prayer, if any, made by the aggrieved person, revoke the order of suspension or cancellation under sub-section (1) of a certificate of competency of any person, and grant him, without examination, a new certificate and the new certificate shall, unless otherwise provided therein, have the same effect as the one suspended or cancelled.]
 
 

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    Chapter III (sections 34-42) was substituted for the former Chapter III (sections 34-43) by section 4 of the Inland Shipping (Amendment) Act, 1990 (I of 1990).
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