What are the functions of marine board

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As per part XII of MSA, section 373-376, Marine board is convened by an Indian Consular Officer or Senior Naval officer when a shipping casualty occurs outside India or a complaint is received against the master, officers or vessel of India. It consists of the Convener and two other members conversant with maritime affairs.The board carries out inquiries into the casualty or complaints and based on its finding can replace master, officers, suspend their certificates, order discharge and repatriation of seafarers (basically all powers of judicial magistrate wrt casualty investigation except cancellation of certificates)


 Conventing of Marine Boards outside India-- Whenever--
(a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian Navy in the vicinitiy (hereinafter referred to as naval officer) by the master or any member of the crew of an Indian ship and such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immeidate investigation; or
(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or naval officer, as the case may be, to require it; or
(c) an allegation of incompetency or misconduct is made to an Indian consular officer or a naval officer, against the master or any of the officers of an Indian ship; or
(d) any Indian ship is lost, abandoned or stranded at or near the place where an Indian consular officer or naval officer may be or whenever the crew or part of the crew of any Indian ship which has been lost, abandoned or stranded arrives at that place; or
(e) any loss of life or any serious injury to any person has occurred on board an Indian ship at or near that place; the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convence a Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury to the person.
374. Constitution and procedure of Marine Board-- (1) A Marine Board shall consist of the officer convening the Board and two other members.
(2) The two other members of the Marine Board shall be appointed by the officer convening the Marine Board from among persons conversent with maritime or mercantile affairs.
(3) The officer convening the Marine Board shall be the presiding officer thereof.
(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate its own procedure.
375. Decisions of Marine Board to be by majority-- Where there is a difference of opinion among members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.
376. Powers of Marine Board-- (1) A Marine Board may, after investigating and hearing the case--
(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the owner of an Indian Ship or of the owner of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead;
(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348 or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship’s officer of an Indian ship, suspend the certificate of that master or ship’s officer for a stated period.
Provided that no such certificat shall be suspended unless the master or officer concerned has been furnished with a statement of the case in respect of which investigation has been ordered and he has also been given an opportunity of making a defence either in person or otherwise;
(c) discharge a seaman from an Indian ship and order the wages of any seaman so discharged or any part of those wages to be forfeited;
(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings;
(e) direct that any or all of the costs incurred by the master or owner of an Indian ship or on the maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned;
(f) if it considers such a step expedient, order a survey to be made of any Indian ship which is the subject of investigation;
(g) order the costs of proceedings before it or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivoulous or unjustified complaint to pay comensation for any loss or delay caused thereby; and any costs or compensation so ordered to be paid by any person shall be paid by that person accordingly and may be recovered in the same manner in which wages of seaman are recoverable or may be deducted from the wages due to that person.
(2) All orders made by a Marine Board shall, whenever practicable, be entered in the official log book of the ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the Board. Miscellaneous provisions relating to cancellation and suspesnsion of certificates.