Section 340
Power to require from complainant security for costs, etc.
The Merchant Shipping Act, 1958
About this Act
An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.
When a complaint is made to
the Central Government or a detaining officer that an Indian ship is unsafe, it shall be in the discretion
of the Central Government or the detaining officer, as the case may be, to require the complainant to
give security to the satisfaction of the Central Government or the detaining officer for the costs and
compensation which such complainant may become liable to pay as hereinafter mentioned:
Provided that, where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Central Government or the detaining officer frivolous or vexatious, such security shall not be required; and the Central Government or the detaining officer shall, if the complaint is made insufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Part.
Provided that, where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Central Government or the detaining officer frivolous or vexatious, such security shall not be required; and the Central Government or the detaining officer shall, if the complaint is made insufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Part.