27. Insertion of new sections 321A, 321B and 321C in the principal enactment

The following new sections are hereby inserted immediately after section 321 of the principal enactment, and shall have effect as sections 321A, 321B and 321C of that enactment:–

321A. (1) The Director-General of Merchant

Shipping may, with the concurrence of the

Minister issue such implementing standards for the compliance with the minimum technical standards of the provisions of any Convention or Protocol as provided in this Act, as may be

Recognition of certificate issued outside

Sri Lanka.

“Implementing standards.

required for the implementation of the provisions of this Act or regulations made thereunder.

It shall be the duty of all persons in respect of whom any implementation standards are issued under subsection (1) to comply with the same.

Where the Director-General of

on the recommendation of the panel appointed under section 321D of this

in the case of a first offender, having regard to the circumstances in which the offence was committed, if it is appropriate to impose a penalty, cause a notice to be served in a form prescribed by regulation on such person, requiring him to appear within a period of one month of the date of the receipt of such notice and show cause why a penalty should not be imposed on him.

Where the person on whom the notice is served admits that he acted in contravention of the provisions of this Act or any regulation, rule, Order or direction made thereunder within a period of one month of the date of receipt of such notice, the Director-General of Merchant

(a) Where the person on whom the notice is served, appears within a period of one month of the date of receipt of such notice and states that he has a cause to show against the imposition of the penalty, the Director-General of Merchant Shipping may proceed forthwith to hear and decide the matter.

Where the Director-General of Merchant

Where the Director-General of Merchant

Any person aggrieved by the decision of the Director-General of Merchant Shipping, may appeal to the Secretary of the Ministry of the Minister to whom implementation of the provisions of this Act is assigned, (hereinafter referred to as the “Secretary”) within a period of thirty days from the date of receipt of such decision made under subsection (3).

The Secretary shall make a decision on any such appeal taking into consideration the decision of the Director-General of Merchant

allow, alter or vary the decision of the

disallow the appeal for reasons stated therein.

The Director-General of Merchant

Every notice under this section shall be sent under registered post, and if sent under registered post or exhibited in the last known place of abode, it shall be deemed to have been served on that person.

Notwithstanding anything contained in this Act, no suit or prosecution shall lie in any court regarding the same offence, where the alleged offender has admitted the commission of such offence and paid such penalty.

Any person aggrieved by the decision of the Secretary may prefer an appeal to the

Upon the lapse of one month of the decision made under subsections (4) or (10)

The Magistrate shall, thereupon, summon such person who makes default in the payment of penalty under subsection (1) before him to show cause why further proceedings for the recovery of the sum due under this Act should not be taken against him, and in default of sufficient cause being shown, such sum shall be deemed to be a fine imposed by a sentence of the Magistrate on such person for an offence punishable with imprisonment and the provisions of section 291 (except paragraphs (a), (d) and (i) of subsection (1) thereof) of the

There shall be appointed by the

It shall be the function of such panel of experts to make recommendations to the

The Minister shall pay such remuneration as he shall determine in consultation with the Minister to whom the subject of Finance is assigned to members of the panel.”.