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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 10

ENGAGEMENT OF SEAMEN

Rules relating to engagement of seamen and maritime labour
104. (1) Subject to the other provisions of this Ordinance, the Government may, by notification in the official Gazette, make rules regulating the engagement of seamen, their employment on various ships, and other matters affecting maritime labour generally.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the establishment of one or more Seamen's Employment Boards, and the constitution, composition and functions thereof;
 
 
 
 
(b) the registration of seamen, and the fees to be charged by the Shipping Master for the issue of Registration Book to them;
 
 
(c) the maintenance of seamen's rosters;
 
 
 
 
(d) the principles and procedure to be followed by ship owners in engaging and promoting seamen;
 
 
 
 
(e) the licensing of Agents who act on behalf of owners in engaging seamen for foreign ships and the conditions to be complied with by such Agents before licence is granted or renewed.
Supply of seamen, etc.
105. (1) A person shall not engage or supply, or employ for the purpose of engaging or supplying, a seaman, to be entered on board any ship in Bangladesh unless that person is the owner or master or mate of the ship, or is bona fide the servant and in the constant employment of the owner, or is a Shipping Master.
 
 
 
 
(2) A person shall not receive or accept to be entered on board any ship any seaman if that person knows that the seaman has been engaged or supplied in contravention of sub section (1).
 
 
 
 
(3) If a person contravenes the provisions of sub section (1) or sub section (2), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
 
 
 
 
(4) An agent for recruiting seamen, acting on behalf of owners of foreign ships, shall not recruit or attempt to recruit any seaman unless he is duly licensed by the Government and no such recruitment shall be carried out except with the concurrence of the Shipping Master.
 
 
 
 
(5) If a person contravenes the provisions of sub section (4), he shall be punishable with imprisonment which may extend to six months, or with fine not exceeding ten thousand Taka, or with both.
Seaman’s identity card
106. (1) The Government may, by order, provide-
 
 
 
 
(a) for the issue to every Bangladeshi seaman of a card, in this section referred to as seaman's identity card, in such form and containing such particulars with respect to the holder thereof and such other particulars, if any, as may be specified in the order, and for requiring every Bangladeshi seaman to apply for such card;
 
 
(b) for requiring the holder of a seaman's identity card to produce it to such person in such circumstances as may be specified in the order;
 
 
 
 
(c) for the surrender of the seaman's identity card in such circumstances as may be specified in the order;
 
 
 
 
(d) for any incidental or supplementary matter which the Government thinks expedient for the purpose of the order to provide;
 
 
 
 
and any provision of the order having effect by virtue of clause (a) of this sub section may be so framed as to apply to all Bangladeshi seaman or any description of them, and, as to have effect subject to any exemption for which provision may be made in the order.
 
 
 
 
(2) An order under this section may make a contravention of any provision thereof an offence punishable on a summary conviction, with a fine not exceeding one thousand Taka.
 
 
 
 
(3) If a person makes a statement which he thinks to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or for any other person a seaman's identity card, he shall be liable on summary conviction to a fine not exceeding Taka one thousand.
Seaman to be in possession of Continuous Discharge Certificate
107. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea from any such port or place any such seaman in any ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, unless the seaman is in possession of a Continuous Discharge Certificate issued in Bangladesh by a Shipping Master in a form approved by the Director-General of Shipping or such other document as may be prescribed.
 
 
 
 
(2) if a person engages or carries to sea any seaman in contravention of sub section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Loss of Continuous Discharge Certificate, etc.
108. Whenever a seaman proves to the satisfaction of a Shipping Master that the Continuous Discharge Certificate issued to him has, without fault on his part, been lost, torn or defaced, or that he has otherwise been deprived of it, the Shipping Master shall, on payment of the prescribed fee, if any, issue to the seaman a copy of the Certificate to which he may be entitled, and such copy shall have all the effect of the original.
Cancellation, etc. of Continuous Discharge Certificate
109. (1) Notwithstanding anything contained elsewhere in this Ordinance, the Shipping Master may suspend, cancel or confiscate the Continuous Discharge Certificate of any seaman who is shown to the satisfaction of the Shipping Master to have deserted his ship or is found guilty of smuggling, theft, misbehaviour or such other offence as may, in the opinion of the Shipping Master, make him unsuitable for employment on board a ship.
 
 
 
 
(2) Any person aggrieved by an order under sub section (1) may, within ninety days from the date of receipt of such order, prefer an appeal to the Director General of Shipping.
 
 
 
 
(3) An appeal under sub section (2) shall be preferred and disposed of in such form and manner as may be prescribed.
Certificate of fitness of seaman
110. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea any such seaman in any ship of two hundred tons gross and above from any such port or place unless the seaman is in possession of a certificate in the prescribed form issued by the prescribed medical authority to the effect that he is fit to be employed in the capacity in which he is to serve, or unless an endorsement to that effect appears in his Continuous Discharge Certificate.
 
 
 
 
(2) The Government may prescribe -
 
 
 
 
(a) the standard of fitness required of seamen or different classes of seamen having regard to the age of the seamen and the nature of duties to be performed by them;
 
 
 
 
(b) the nature of the medical examination of seamen and the authority by whom the medical examination shall be conducted;
 
 
 
 
(c) the form and the contents of the certificates of fitness and the period of their validity; and
 
 
(d) the medical authority by whom a seaman who has been refused a certificate of fitness in the first instance may be re examined, and the fee payable for such re examination.
 
 
 
 
(3) The Government may exempt any seaman or class of seamen employed in any ship or class of ships from the operation of all or any of the provisions of this section.
 
 
 
 
(4) If a person engages or carries to sea any seaman in contravention of sub-section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
 
 
 
 
(5) An owner, master or agent may, prior to engaging a seaman, have him examined by a medical officer whose prescribed particulars have been registered with a Shipping Master.
Rules relating to manning of ships
111. (1) The Government may, by notification in the official Gazette, make rules as to manning of ships.
 
 
 
 
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the rating of seamen other than officers;
 
 
 
 
(b) the minimum and maximum age limits, and qualifications and experience required for each rating; and
 
 
 
 
(c) the number of each rating to be carried on board a ship having regard to her tonnage, mode of propulsion and the number of passengers she is certified to carry.
Agreement with crew
112. (1) The master of every Bangladesh ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, shall enter into an agreement in accordance with this Ordinance with every seaman whom he engages at, and carries to sea as one of his crew from any port or place in Bangladesh.
 
 
(2) The master of a ship who neglects or fails to enter into an agreement required by sub section (1) shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Forms and contents of the agreement
113. (1) An agreement with the crew shall be in the form approved by the Government, and shall be dated at the time of the first signature thereof and shall be signed-
 
 
 
 
(a) where the ship is at the port or place of engagement, by the master before any seaman signs the same; and
 
 
 
 
(b) where the ship is not at the port or place of engagement, by the owner or the owner's agent before the master signs it and by the master before the seaman is on board.
 
 
 
 
(2) An agreement with the crew shall contain as terms thereof the following particulars, namely:-
 
 
 
 
(a) the name of the ship or ships with the official number or numbers in which each seaman undertakes to serve;
 
 
 
 
(b) either the nature and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or ports of the world, if any, to which the voyage or engagement is not to extend;
 
 
 
 
(c) the time at which each seaman is to be on board or to begin work;
 
 
 
 
(d) the capacity in which each seaman is to serve;
 
 
 
 
(e) the amount of wages which each seaman is to receive;
 
 
 
 
(f) a scale of the provisions which are to be furnished to each seaman, such scale being not less than the prescribed scale;
 
 
 
 
(g) any regulations as to, conduct on board and as to fines, short allowance of provisions or other lawful punishments for misconduct, which have been sanctioned by the Government as regulations proper to be adopted, and which the parties agree to adopt;
 
 
 
 
(h) payment of compensation for personal injury or death caused by accident arising out of or in course of employment;
 
 
 
 
(i) where it is agreed that the services of any Bangladeshi seaman shall end at any port or place outside Bangladesh, a stipulation to provide him either with fit employment on board some other ship bound to the port or place at which he was engaged or to such other port or place in Bangladesh as may be mutually agreed upon, or a passage free of charge to any such port or place; and
 
 
 
 
(j) stipulations relating to such other matters as may be prescribed.
 
 
 
 
(3) An agreement with the crew shall provide that in the event of a dispute arising outside Bangladesh in respect of any matter touching the agreements, such dispute shall be referred to the Bangladesh Consular Officer whose decision thereon shall be binding on the parties until the return of the ship to the port or place in Bangladesh at which the seaman is to be discharged.
 
 
 
 
(4) An agreement with the crew shall be so framed as to admit of such stipulations to be adopted at the will of the master and seaman in each case, respecting the advance of wages, supply of warm clothing and similar other matters, as are not inconsistent with the provisions of any law for the time being in force relating to merchant shipping.
 
 
 
 
(5) If a master enters into an agreement with any seaman for a scale of provisions less than the prescribed scale, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Engagement in Bangladesh of single seaman for foreign ship
114. If the master of a ship, not being a Bangladesh ship, has an agreement with the crew made in due form according to the law of the port at which she is registered or in which her crew were engaged and engages a single seaman, not being a Bangladeshi seaman, in any port in Bangladesh, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Ordinance.
Special provisions with regard to agreements with crew of Bangladesh foreign-going ships
115. (1) The following provisions shall have effect with respect to the agreements with the crew made in Bangladesh in the case of Bangladesh foreign-going ships, namely:-
 
 
 
 
(a) the agreement shall, subject to the provisions of this Ordinance as to substitutes, be signed by each seaman in the presence of a Shipping Master;
 
 
 
 
(b) the Shipping Master shall cause the agreement to be read over and explained to each seaman, in a language understood by him, or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature;
 
 
 
 
(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the Shipping Master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship;
 
 
 
 
(d) when a substitute is engaged in the place of a seaman who had duly signed the agreement and whose services are lost within twenty-four hours of the ship's putting to sea by desertion, death, or other unforeseen cause, the engagement shall, if practicable, be made before a Shipping Master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature;
 
 
 
 
(e) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may, subject to the provisions of sub-section (2), be made to extend over two or more voyages and agreements so made are in this Ordinance referred to as running agreements;
 
 
 
 
(f) on every return to a port or place in Bangladesh before the final termination of a running agreement, the master shall discharge or engage before Shipping Master at such port or place any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement that no such discharges or engagements have been made or are intended to be made before the ship leaves such port or place or, as the case may be, that all those made have been made as required by law; and
 
 
(g) the master shall deliver the running agreement so endorsed to the Shipping Master, and the Shipping Master shall, if the provisions of this Ordinance relating to agreements have been complied with, sign the endorsement and return the agreement to the master.
 
 
 
 
(2) A running agreement shall not extend beyond the expiration of the period of six months from the date on which it was executed, or beyond the first arrival of the ship at her port or place of destination in Bangladesh after the expiration of that period, or beyond the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest:
 
 
 
 
Provided that no such agreement shall continue in force if, after the expiration of the period of six months from the date on which it was executed, the ship proceeds on a voyage from a port or place outside Bangladesh to any other such port or place which is not on the direct route or a customary route to her port or place of destination in Bangladesh:
 
 
 
 
Provided further that every such agreement shall, in addition to any other particulars required by law, contain such stipulations as the Government may direct for the discharge of the crew and payment of their wages, for securing their return to the port or place at which they were shipped or to some other port or place in Bangladesh, and for other purposes, on the termination of the agreement at a port or place outside Bangladesh under the foregoing proviso.
 
 
 
 
(3) If any master wilfully makes a false statement in any such endorsement as is referred to in clause (f) of sub section (1), she shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Renewal of running agreements in certain cases
116. (1) When a running agreement has been made with the crew of a Bangladesh foreign going ship and the ship arrives after the expiration of a period of six months from the date on which it was executed at a port or place of destination in Bangladesh which is not the port or place at which the crew have agreed to be discharged, the master may, with the previous sanction of the Shipping Master, renew the agreement with the crew, or be required by the Shipping Master so to renew the agreement for the voyage from such port or place of destination to the port or place in Bangladesh at which the crew have agreed to be discharged.
 
 
(2) If the master of the ship is required by the Shipping Master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the Government in respect of the subsistence of the crew and their repatriation to the port or place at which they have agreed to be discharged shall be a charge upon the master of the ship.
Special provisions as to agreements with crew of home trade or coasting ships
 
 
117. The following provisions shall have effect with respect to the agreements with crew of home trade ships or coasting ships for which an agreement with the crew is required under this Ordinance, namely:-
 
 
 
 
(a) an agreement for service in a home trade ship or a coasting ship for which an agreement is required by section 112, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, shall be made for a single ship and signed by the crew engaged before the Shipping Master as provided in this Ordinance for foreign-going ships; and such agreement may be made for a period of six months, the agreement being terminable, notwithstanding the expiration of that period, at a port or place in Bangladesh:
 
 
 
 
Provided that while a ship is at a port or place in Bangladesh, the master or the seaman may terminate the agreement by giving 24 hours' notice which shall not expire later than 24 hours before the ship is put to sea;
 
 
 
 
(b) an agreement, if any, for service in a coasting ship for which an agreement is not required by section 112, shall not extend beyond the next following thirtieth day of June, or thirty first day of December or the first arrival of the ship at her final port or place of destination in Bangladesh after such date, or the discharge of cargo consequent on such arrival;
 
 
 
 
(c) an agreement for service in two or more coasting ships belonging to the same owner may be made by the owner instead of by a master, and the provisions of this Ordinance with respect to the making of the agreement shall apply accordingly;
 
 
 
 
(d) notwithstanding anything contained in clause (b) or clause (c), the owner of two or more coasting ships or his agent may enter into time agreements in the form sanctioned by the Government with individual seaman to serve in any one or more such ships belonging to such owner and such agreements may extend beyond the next following thirtieth day of June, or thirty first day of December.
Changes in crew to be reported
118. (1) The master of every Bangladesh ship, the crew of which has been engaged before a Shipping Master, shall, before finally leaving Bangladesh, sign and send to the nearest Shipping Master a full and accurate statement in the form sanctioned by the Government, of every change which takes place in his crew before finally leaving Bangladesh and that statement shall be admissible in evidence.
 
 
 
 
(2) Nothing in sub section (1) shall be construed as enabling the master to engage, except in accordance with the other provisions of this Ordinance, any seaman as an additional member of the crew.
 
 
 
 
(3) If any master fails without reasonable cause to comply with the requirements of sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Certificate as to agreement with crew of foreign going and home trade ships
119. (1) In the case of a Bangladesh foreign going ship or a Bangladesh home-trade ship, on the due execution of an agreement with the crew in accordance with this Ordinance, and also when, in the case of a Bangladesh foreign going ship, the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Ordinance respecting that agreement, the Shipping Master shall grant the master of the ship a certificate to that effect.
 
 
 
 
(2) The master of every such ship as aforesaid shall, before proceeding to sea, produce that certificate to the Collector of Customs, whose duty it is to grant a port clearance and the ship may be detained until the certificate is produced.
 
 
 
 
(3) The master of such ship shall, within forty-eight hours after the ship's arrival at the port or place where the crew is to be discharged, deliver such agreement to a Shipping Master at that port or place; and the Shipping Master shall thereupon give to the master a certificate to that effect; and the Collector of Customs shall not clear any such ship inwards without the production of such certificate.
 
 
 
 
(4) If any master fails, without reasonable cause, to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Certificate as to agreements with crew of coasting ships
120. (1) The master or owner of a Bangladesh coasting ship for which an agreement with the crew is required under this Ordinance shall, within twenty one days after the thirtieth day of June, and the thirty first day of December in every year, or, if the ship is not at any port or place in Bangladesh within that period, within forty eight hours of her next arrival at a port or place in Bangladesh, deliver to a Shipping Master in Bangladesh every agreement made within the six months next preceding such days respectively.
 
 
 
 
(2) The Shipping Master, on receiving such agreement, shall give the master or owner of the ship a certificate to that effect; and the Collector of Customs shall not grant a port clearance for any such ship without production of the certificate, and, if any such ship attempts to go to sea without such clearance, the Collector of Customs may detain her until the certificate is produced.
 
 
 
 
(3) Any master or owner who fails, without reasonable cause, to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Copy of agreement with crew to be made accessible to the crew
121. (1) The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement with the crew and, if necessary, a translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as is accessible to the crew.
 
 
 
 
(2) Any master who fails without reasonable cause to comply with the provisions of sub section (1) shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Alteration in agreement with the crew
122. Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship, shall be wholly inoperative, unless proved to have been made with the consent of all the persons interested in such erasure, interlineation or alteration by the written attestation, if made in Bangladesh, of some Shipping Master, or, if made elsewhere, of a Bangladesh Consular Officer.
List of crew to be furnished to Shipping Masters
123. (1) The master or owner of every Bangladesh ship, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, and the master of every ship, other than a Bangladesh ship, while in a port or place in Bangladesh, shall make out and sign a list, in this Ordinance referred to as the List of Crew, in such form and containing such particulars as may be prescribed; and different forms may be prescribed for different classes of ships.
 
 
 
 
(2) The List of Crew relating to a ship, except a Bangladesh coasting ship, shall be delivered to the Shipping Master at the port or place where the ship happens to be, as soon after arrival as possible and before departure.
 
 
 
 
(3) The List of Crew relating to a Bangladesh coasting ship shall be delivered or transmitted by the master or owner to some Shipping Master in Bangladesh on, or within twenty one days after, the thirtieth day of June and the thirty first day of December in each year; and the Shipping Master shall give to such master or owner a certificate of such delivery or transmission, and such ship may be detained, and shall not be cleared inwards by the Collector of Customs, until the certificate is produced.
 
 
 
 
(4) Any master or owner who fails without reasonable cause to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Engagement of seamen for ships other than Bangladesh ships
124. (1) When the master of a ship, other than a Bangladesh ship, being at a port or place in Bangladesh, or the owner's agent in Bangladesh of such ship, engages any Bangladeshi seamen to proceed to any port or place outside Bangladesh he shall enter into an agreement with every such seaman, and the agreement shall be made before a Shipping Master in the manner provided by this Ordinance for the making of agreements in the case of Bangladesh foreign going ships.
 
 
 
 
(2) All the provisions of this Ordinance respecting the form of such agreements and the stipulations to be contained in them, and the making and signing of the same, shall be applicable to the engagement of such seamen:
 
 
Provided that any such dispute as is referred to in sub section (3) of section 113 shall not be referred to the Bangladesh Consular Officer if such reference is contrary to the rules of International Law.
 
 
 
 
(3) The master of such ship shall give to the Shipping Master a bond in the prescribed form with the prescribed security for every such seaman engaged by him in Bangladesh and conditioned for the due performance of such agreement and stipulations, and for the repayment to the Government of all expenses which may be incurred by the Government in respect of any such seamen who is discharged or left behind at any port or place outside Bangladesh and becomes distressed and is relieved under the provisions of this Ordinance:
 
 
 
 
Provided that the Government may waive the execution of such bond where the owner of the ship has an agent at any port in Bangladesh and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute the bond or may accept from the agent such security as it may consider appropriate.
 
 
 
 
(4) The fees prescribed for the purpose shall be payable in respect of every such engagement and deductions from the wages of a seaman so engaged may be made to the extent and in the manner allowed under this Ordinance.
 
 
 
 
(5) If the master of a ship other than a Bangladesh ship engages such a seaman in Bangladesh otherwise than in accordance with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Agreement to meet legal requirements of the country of Registration of the ship
124A. (1) If a Master of a foreign ship, who has entered into an agreement with a Bangladeshi seaman under sub section (1) of section 124, which shall be deemed to be the governing agreement between the Master of the ship and the seaman, requires the seaman to sign an agreement to meet the requirements of the law of the country of registration of the ship, the seaman shall sign such agreement.
 
 
 
 
(2) Notwithstanding any provisions relating to the salary and other benefits admissible to the seaman in the agreement signed or entered into under sub-section (1), the seaman shall be entitled to such salary and other benefits admissible under the governing agreement and the provision relating thereto in the subsequent agreement shall have no effect.
 
 
 
 
(3) Any seaman claiming or demanding the salary or other benefits from the Master or owner of a foreign ship on the basis of any agreement, other than the governing agreement during its continuance in force, shall be tried and be punished under section 124B.
Penalties for violating provisions of Sec. 124A
124B. (1) If a Bangladeshi seaman engaged under sub section (1) of 124 refuses to sign or enter into an agreement required by sub section (1) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand, or with both.
 
 
 
 
(2) If a Bangladeshi seaman engaged under sub section (1) of section 124 breaks or attempts to break, whether in a port or place in or outside Bangladesh, an agreement made under sub section (1) of section 124A, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Taka fifteen thousand, or with both, and his Registration as seaman shall also be liable to be cancelled.
 
 
 
 
(3) If he claims or demands salary or other benefits in excess of the salary or other benefits admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand.
Recovery of excess salary, repatriation cost, etc.
124C. (1) if a seaman is guilty of realising salary or other benefits from the Master or owner of a foreign ship in excess of those admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, or if he is found guilty of desertion, he shall be liable to be tried in summary way and the excess amount realised or, as the case may be, the actual cost spent for his repatriation shall be recovered from the seaman as a public demand.
 
 
(2) The amount recovered on account of excess salary or other benefit shall be refunded to the person from whom it was realised.
Engagement of seaman outside Bangladesh
125. (1) When the master of a Bangladesh ship engages a seaman at any port or place outside Bangladesh, the provisions of this Ordinance respecting agreements with the crew made in Bangladesh shall apply subject to the following modifications, that is to say:-
 
 
 
 
(a) the master shall, before carrying the seaman to sea, procure the sanction of a Bangladesh Consular Officer, and shall, if not contrary to any law in force in that port or place, engage the seaman before that officer; and
 
 
 
 
(b) the master shall request such Consular Officer to endorse upon the agreement an attestation to the effect that it has been signed in his presence and otherwise made as required by this Ordinance, and that it has his sanction, and if the attestation is not made, the burden of proving that the engagement was made as required by this Ordinance shall lie upon the master.
 
 
 
 
(2) As soon as may be after a seaman has been engaged under sub section (1), the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement, in the form sanctioned by the Government, of the seaman so engaged.
 
 
 
 
(3) If a master fails to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Power to prohibit engagement of Bangladeshi seamen
126. The Government or an officer authorised by it in this behalf may, by order in writing, stating the reasons thereof, prohibit any person from engaging, in Bangladesh or in any specified part thereof, any Citizen of Bangladesh or any person domiciled in Bangladesh to serve as a seaman on any ship specified in such order.
Power to board ships and muster seamen
127. (1) For the purpose of preventing seamen from being taken on board any ship at any port in Bangladesh contrary to the provisions of this Ordinance, any Shipping Master may enter at any time on board any such ship upon which he has reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein.
 
 
(2) If the master or any other person obstructs any Shipping Master in the execution of his duty under this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Forged Continuous Discharge Certificate, etc.
128. If any person-
 
 
 
 
(a) forges any Continuous Discharge Certificate or a certificate of fitness, or a copy of any such certificate, or
 
 
 
 
(b) fraudulently alters any entry in any Continuous Discharge Certificate or a certificate of fitness, or
 
 
 
 
(c) fraudulently uses any Continuous Discharge Certificate or certificate of fitness which is forged or altered or does not belong to him,
 
 
 
 
he shall, for each offence, be punishable with imprisonment for a term which may extend to two years, or with fine, which may extend to fifteen thousand Taka, or with both.
Power to make rules
129. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 

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