(1) Where in proceedings against a seafarer of a ship for the offence of desertion or absence without leave it is alleged by one-fourth, or if their number exceeds twenty by at least five of the seafarers belonging to the ship

(a) that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, under manning or any other reason, not in a fit condition to proceed to sea, or

(b) that the crew accommodation in the ship is insufficient or does not comply with the requirements imposed by the Regulations, the seafarer may apply to a Court for a survey of the ship and the Court having cognizance of the case shall take measures to satisfy itself about the truth of the allegation, and for that purpose

(c) Shall receive the evidence of the person making the allegation,

(d) may summon any other witness whose evidence it considers desirable to hear and

(e) shall before adjudication cause the ship to be surveyed.

(2) A seafarer charged with desertion or with absence from the seafarer's ship without leave does not have a right to apply for a survey under this section unless the seafarer has, before leaving the ship complained to the master about the circumstances alleged by the seafarer to justify a survey of the ship.