Section 13 of The Recycling of Ships Act, 2019 in hindi
–(1) The Competent Authority may, whenever it considers necessary, for the reasons to be recorded in writing, conduct an enquiry or inspection of a ship recycling facility and issue a notice to the Ship Recycler to show cause as to why the authorisation of his ship recycling facility should not be suspended or cancelled for the reasons mentioned in the notice.
- (2)The manner of enquiry or inspection by the Competent Authority shall be such as may be specified by the regulations.
- (3)If the Competent Authority is satisfied that there has been a breach of the provisions of this Act or the rules or the regulations made thereunder, it may, without prejudice to any criminal action that it may take against such Ship Recycler, suspend or cancel the authorisation of his ship recycling facility: Provided that no such authorisation shall be suspended or cancelled without giving an opportunity of being heard in the matter to the Ship Recycler.
- (4)Notwithstanding anything contained in sub-sections (1) and (2), if the Competent Authority is of the opinion that it is necessary or expedient so to do in public interest, it may, for reasons to be recorded in writing, suspend or cancel the authorisation of any ship recycling facility without issuing any notice referred to in sub-section (1).
Summary
- The Authority can inspect a facility or start an inquiry whenever they think it is necessary.
- They must give the recycler a written notice explaining why they might lose their license.
- The recycler has the right to be heard before a final decision is made to cancel the license.
- If it is in the public interest, the Authority can suspend or cancel a license immediately without a prior notice.
- Breaking any part of the Act, rules, or regulations is grounds for losing the authorisation.
Practical examples
FAQ
1. What can cause a facility to lose its authorisation?
Any breach of the provisions of the Act, the rules, or the regulations can lead to suspension or cancellation.
Test yourself
Q1.Under Section 13 of The Recycling of Ships Act, 2019, what must the Authority do before normally suspending a license?
Q2.Under Section 13 of The Recycling of Ships Act, 2019, which condition allows the Authority to cancel an authorisation without a prior notice?
Q3.Under Section 13 of The Recycling of Ships Act, 2019, what is required before the Competent Authority satisfies itself that a breach occurred?
Q4.Under Section 13 of The Recycling of Ships Act, 2019, what is the legal status of a recycler's right to be heard?