Section 35 of The inland vessels act, 1917 in hindi
- (1)If the State Government has reason to believe that there are grounds for charging any master, engineer or engine-driver, or any person holding a certificate granted under Chapter III, with incompetency or misconduct, otherwise than in the course of an investigation under section 33, it may send a statement of the case to the principal Court of ordinary criminal jurisdiction, or the Court of the District Magistrate, at or nearest to the place at which it may be convenient for the parties and witnesses to attend, and may direct the Court to make an investigation into the charge.
- (2)Before commencing an investigation under sub-section (1), the Court shall cause the person charged to be furnished with a copy of the statement of the case sent by the State Government.
Summary
- The State Government can order an investigation into a master or engineer's behavior even if there was no accident.
- This applies when the state has reason to believe a person is incompetent or has behaved badly.
- The case is sent to a District Magistrate or a criminal court near where it is easy for witnesses to attend.
- The person being charged must be given a copy of the statement explaining the case before the investigation begins.
Practical examples
FAQ
1. How is Section 35 of the Inland Vessels Act, 1917, different from Section 33?
Section 33 deals with investigations after a specific accident, while Section 35 allows investigations into incompetency or misconduct even without a reported casualty.
2. Who chooses which court handles an investigation under Section 35 of the Inland Vessels Act, 1917?
The State Government chooses a court that is convenient for the parties and witnesses to attend.
3. What does a person receive before a Section 35 investigation of the Inland Vessels Act, 1917, starts?
The court must give the person being charged a copy of the statement of the case sent by the State Government.
4. What are the two main reasons for an investigation under Section 35 of the Inland Vessels Act, 1917?
The two grounds are incompetency (lack of skill) or misconduct (bad behavior).
Test yourself
Q1.Under Section 35 of the Inland Vessels Act, 1917, what is a requirement for choosing the investigation location?
Q2.Who sends the statement of the case to the court under Section 35 of the Inland Vessels Act, 1917?
Q3.Under Section 35 of the Inland Vessels Act, 1917, what must happen before the court begins the investigation?
Q4.Can an investigation happen under Section 35 of the Inland Vessels Act, 1917, if no boat has been wrecked?