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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 15

PROVISIONS AND ACCOMMODATION FOR
SEAMEN AND THEIR HEALTH

Ships to have sufficient provisions and water
181. (1) All Bangladesh ships and all ships for which seamen have been engaged in Bangladesh shall have on board sufficient provisions and water of good quality and fit for consumption of the crew on the scale specified in the agreement with the crew.
 
 
 
 
(2) If any person making an inspection under section 191 finds that provisions or water are of bad quality and unfit for human consumption or deficient in quantity, he shall signify it in writing to the master of the ship, and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
 
 
 
 
(3) If the master does not thereupon provide other proper provisions or water in lieu of any so signified to be of bad quality and unfit for human consumption, or does not procure the requisite quantity of any provisions or water so signified to be deficient in quantity or uses any provisions or water so signified to be of bad quality and unfit for human consumption, he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
 
 
 
 
(4) The person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the Shipping Master, send a report thereof to the Shipping Master and that report shall be admissible in evidence in any legal proceeding.
 
 
(5) If the inspection was made in pursuance of a request by members of the crew and the person making the inspection certified in the statement of the result of the inspection that there was no reasonable ground for the request, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.
 
 
 
 
(6) If a master fails to furnish provisions to a seaman in accordance with the agreement entered into by him, and the Court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for human consumption, such master shall, for each offence, be punishable with fine which may extend to five thousand Taka.
 
 
 
 
(7) Nothing in sub section (6) shall affect any claim for compensation under section 182.
Allowance for short or bad provisions
182. (1) Where, during the voyage, the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or where it is shown that any of those provisions are or have, during the voyage, been bad in quality or unfit for human consumption, the seaman shall receive by way of compensation for such reduction or bad quality calculated with reference to the duration of its continuance such sums as may be prescribed; and the compensation shall be in addition to, and be recoverable as, wages.
 
 
 
 
(2) If it is shown to the satisfaction of the Court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the Court shall take those circumstances into consideration and modify or refuse the compensation as the justice of the case requires:
 
 
 
 
Provided that, if the amount of compensation claimed does not exceed five hundred Taka in respect of any one seaman, the Shipping Master may, on application of either party, settle the compensation as if it were a dispute submitted to him under section 148 and the decision of the Shipping Master in the matter shall be final.
Bangladesh foreign going ships to carry duly certificated cooks
183. (1) Every Bangladesh foreign going ship going to sea from any port or place in Bangladesh shall be provided with and carry a duly qualified cook.
 
 
 
 
(2) A cook shall not be deemed to be duly qualified within the meaning of this section unless he is a qualified cook according to the provisions of an order made in this behalf under section 81
Medicines to be provided and kept on board certain ships
184. (1) All Bangladesh ships shall have always on board a sufficient supply of medicines and appliances suitable for diseases and accidents likely to happen on sea voyages according to such scale as the Government may, from time to time, by notification in the official Gazette, fix in respect of a ship or class of ships.
 
 
 
 
(2) Every such ship shall also carry such medical guide containing instructions for dispensing the medicines and using the appliances as may be approved by the Government.
 
 
 
 
(3) The Government may, by notification in the official Gazette, make rules for the proper maintenance and care of medicine chests, their contents, and their regular inspection.
 
 
 
 
(4) The master of a ship in respect of which the provisions of this section or of any rules made thereunder are contravened shall, for each offence, be punishable with fine which may extend to two thousand Taka.
Certain ships to carry Medical Officers
185. (1) Every foreign going ship carrying one hundred persons including the crew, or upwards shall have on board as part of her complement a Medical Officer possessing such qualifications as may be prescribed.
 
 
 
 
(2) If any such ship does not carry on board a duly qualified Medical Officer, the ship shall be detained until such Medical Officer is provided.
 
 
 
 
(3) Nothing in this section shall apply to a special trade passenger ship.
Weights and measures on board
186. (1) The master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles in the presence of witnesses whenever dispute arises about the quantities.
 
 
(2) If the master of a ship fails, without reasonable cause, to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
Expenses of medical attendance in case of illness
187. (1) If the master of, or a seaman or apprentice belonging to, a Bangladesh ship, receives any hurt or injury or suffers from any illness, not being a hurt, injury or illness due to his own wilful act or default or to his own misbehaviour, resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical and medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment, and of his conveyance to that port, and in case of death, the expenses, if any, of his burial or cremation shall be defrayed by the owner of the ship without any deduction on that account from his wages.
 
 
 
 
(2) If the master, seaman or apprentice is, on account of any illness or injury, temporarily removed from his ship, at a port other than his proper return port, for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal and of providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance while away from the ship, shall be defrayed in like manner.
 
 
 
 
(3) The expenses of all medicines, surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner.
 
 
 
 
(4) In all other cases, any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Bangladesh Consular Officer or a Shipping Master, be deducted from the wages of the master, seaman or apprentice, as the case may be.
 
 
 
 
(5) Where any expenses referred to in sub sections (1), (2) and (3) have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are paid by the Government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the Government.
Power to make rules with respect to crew accommodation, etc
188. (1) The Government may, by notification in the official Gazette, make rules with respect to the crew accommodation to be provided in ships; and different provisions may be made for different classes of ships and different classes of persons.
 
 
 
 
(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 minimum space for each person which must be provided in any ship to which the rules apply by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom any specified part of such sleeping accommodation may be used;
 
 
 
 
(b) the position in any such ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;
 
 
 
 
(c) the submission to such authority as may be specified in this behalf of plans and specifications of any works proposed to be carried out for the provision or alteration of any such accommodation and the empowering of that authority to inspect any such works;
 
 
 
 
(d) the maintenance and repair of any such accommodation and the prohibition or restriction of the use of any such accommodation for purposes other than those for which it is designed; and
 
 
 
 
(e) the manner as to how ships registered or under construction at the commencement of any such rules may be dealt with after such commencement.
 
 
 
 
(3) If any person making an inspection under section 189 finds that the crew accommodation is insanitary or is not in accordance with the provisions of this Ordinance, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
 
 
Explanation. In this section, the expression “crew accommodation” includes sleeping rooms, mess room, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen, not being accommodation which is also used by or provided for the use of, passengers.
 
 
 
 
(4) The Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit.
Inspection of crew accommodation when a ship is registered or re registered
189. Whenever a ship to which the rules made under section 188 apply is registered or re registered in Bangladesh or the crew accommodation of a ship has been substantially altered or reconstructed, or a complaint in respect of crew accommodation has been made in accordance with the rules, and on such other occasion as may be required under the rules, a Surveyor shall inspect the crew accommodation and satisfy himself that the requirements of crew accommodation have been duly complied with.
Bedding, towels, etc. to be provided
190. (1) The owner of every Bangladesh foreign going ship, home trade ship, coasting ship and of every Bangladesh passenger ship shall supply or cause to be supplied to every seaman for his personal use such clothing, bedding, towels, mess utensils and other articles of such quality and according to such scales as may be prescribed.
 
 
 
 
(2) If any requirement of sub section (1) is not complied with in the case of any ship, the owner thereof shall be punishable with fine which may extend to two thousand Taka, unless he proves that the non compliance was not caused by his inattention, neglect or wilful default.
Inspection of provisions, water, medicines, etc.
191. (1) For the purpose of ascertaining whether a ship is provided as is required by or under this Ordinance with the provisions and water, the medicines and appliances, the weights and measures and the crew accommodation, a Shipping Master, Surveyor, Seaman's Welfare Officer, Port Health Officer, Bangladesh Consular Officer or other Officer empowered in this behalf by the Government at any port, may, at any time, in the case of a Bangladesh ship or any ship upon which seamen have been shipped at that port, and shall, in the case of the master or not less than three of the crew of a Bangladesh ship making a request for the purpose, enter on board and inspect the ship.
 
 
 
 
(2) If the person making an inspection under sub section (1) finds that the matters referred to therein have not been provided in accordance with the requirements of this Ordinance, he shall signify it in writing to the master and the ship may be detained until the deficiencies are supplied and defects are remedied.
Inspection by master of provisions, water and accommodation at sea
192. The master of every Bangladesh ship while at sea shall, at least once in a week, cause an inspection to be made of the provisions and water provided for the use of the seamen and apprentices and the crew accommodation, for the purpose of ascertaining whether the same are being maintained in accordance with the requirements of this Ordinance and the person making the inspection shall enter a statement of the result of the inspection in a separate book kept for the purpose.
Power to make rules
193. Without prejudice to any other power to make rules contained in this Chapter, the Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 
 
 

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Ministry of Law, Justice and Parliamentary Affairs