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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

অধ্যায় এর নাম 18

MISCELLANEOUS

Uniforms

Uniform to be prescribed
224. (1) The Government may, by notification in the official Gazette, make rules prescribing the uniforms, hereinafter referred to as the Standard Uniform, which a person employed on a Bangladesh Ship shall be entitled to wear; and a different Standard Uniform may be prescribed for persons of different positions or ranks.
 
 
 
 
(2) A person entitled to wear a Standard Uniform shall, if so required by the rules but subject to the provisions of this Chapter, wear the Standard Uniform appropriate to his position or rank
Certificated officers may wear uniforms while unemployed
 
 
225. A person holding a Certificate of Competency issued under this Ordinance and a citizen of Bangladesh holding a Certificate of Competency recognised under section 88, being temporarily unemployed, shall be entitled to wear on such occasions as the Government may direct, the Standard Uniform appropriate to the rank in which he was last employed.
Uniforms when not to be worn
226. A person entitled to wear the Standard Uniform shall not wear it while he is employed ashore other than as Commandant or Nautical or Engineering Instructor in the Marine Academy.
Persons not to be dressed partly in uniform
227. A person entitled to wear the Standard Uniform shall not, when on board a Bangladesh ship in port or on shore, be dressed partly in uniform and partly not in uniform.
Penalties
228. (1) If any person who is required to wear the Standard Uniform does not so wear it, he shall be punishable with fine which may extend to one thousand Taka.
 
 
 
 
(2) If any person, not being so entitled, wears the Standard Uniform or any part thereof or any dress having the appearance or bearing any of the distinctive marks of the Standard Uniform, he shall be punishable with fine which may extend to two thousand Taka.
 
 
(3) If a person wears the Standard Uniform in such a manner or under such circumstances as to be likely to bring contempt on the uniform, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand Taka:
 
 
 
 
Provided that nothing in this sub section shall apply to the wearing of such uniform in the course or for the purpose of a stage play or representation or any other performance if the uniform is not worn in such a manner or under such circumstances as to bring it into contempt.
 
 
 
 
(4) If any person entitled to wear the Standard Uniform when on board a Bangladesh Ship in port or on shore appears dressed partly in uniform and partly not in uniform under such circumstances as to be likely to bring contempt on the uniform, or, being entitled to wear the uniform appropriate to a particular rank or position, wears the uniform appropriate to some higher rank or position, he shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to two thousand Taka, or both.
 
 

Complaints by seamen and apprentices

Facilities for making complaints
229. (1) If a seaman or apprentice, whilst on board a ship, states to the master that he desires to make a complaint against him or any of the crew, when in Bangladesh, to the Shipping Master or a Magistrate, and when outside Bangladesh, to a Bangladesh Consular Officer or a Bangladesh Naval Officer not below the rank of a Lieutenant Commander, the Master shall, so soon as the service of the ship may permit,-
 
 
 
 
(a) if the ship is then at a place where there is an authority to whom the complaint is sought to be made, after such statement, and
 
 
 
 
(b) if the ship is not then at such a place, after her first arrival at such a place,
 
 
 
 
allow the complainant to go ashore or send him ashore in proper custody so that he may be enabled to make the complaint.
 
 
 
 
(2) If any master fails, without reasonable cause, to comply with the provisions of this section, he shall for each offence, be punishable with fine which may extend to five thousand Taka.

Protection of seamen and apprentices from imposition

Assignment or sale of salvage invalid
230. Subject to the provisions of this Ordinance, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and power of attorney or authority for the receipt of any such salvage shall not be irrevocable.
Debts not recoverable till the conclusion of agreed service
231. A debt incurred by any seaman after he has been engaged to serve shall not be recoverable until the service agreed for is concluded.
Inspection of seamen’s lodging houses
232. A Shipping Master, Seamen's Welfare Officer or any officer duly authorised in this behalf may, at any time, inspect any place where seamen may be lodged and either prohibit such lodging or require that persons of improper character be excluded from such lodging, or that the accommodation, sanitary conditions and other matters connected with the proper maintenance of such lodging be brought up to a prescribed standard.
Prohibition against solicitation by lodging house keepers
233. (1) No person shall, while a ship is at any port or place in Bangladesh-
 
 
 
 
(a) solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings for hire; or
 
 
 
 
(b) take out of the ship any property of the seaman or apprentice except under the direction of the seaman or apprentice and with the permission of the master.
 
 
 
 
(2) Whoever contravenes the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Seaman’s property not to be detained
234. (1) If a person receives or takes into his possession or under his control any money or other property of a seaman or apprentice and does not return the same or pay the value thereof when required by the seaman or apprentice, subject to deduction of such amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise, absconds therewith, he shall, for each offence, be punishable with imprisonment which may extend to one year, or with fine which may extend to five thousand Taka, or with both.
 
 
(2) Any Court imposing a fine under sub-section (1) may direct the amount of such money or the value of the property itself to be forthwith paid or delivered to the seaman or apprentice.
Ship not to be boarded without permission before seaman Leave
235. Where a ship has arrived at a port or place in Bangladesh at the end of a voyage and any person, not being in the service of the Government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seaman lawfully leave the ship at the end of their engagement or are discharged, whichever happens last, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a Magistrate to be dealt with according to the provisions of this Ordinance.
 
 

Rescission of Contracts

Power of Court to rescind contract between master, owner or agent and seaman or apprentice
236. Where a proceeding is instituted in any Court in relation to any dispute between the master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the Court, if having regard to all the circumstances of the case, thinks it just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice upon such terms as the Court may deem fit; and this power of the Court shall be in addition to any power it may have in the exercise of any other jurisdiction.

Maritime Advisory Committee

Constitution and functions of Maritime Advisory Committee
237. (1) The Government may, by notification in the official Gazette, constitute a Maritime Advisory Committee, consisting of such representatives of ship-owners, seamen and the Government as it may deem fit.
 
 
 
 
(2) The functions of the Committee shall be-
 
 
 
 
(a) to prevent and adjust differences between ship-owners and seamen;
 
 
 
 
(b) to advise the Government on the improvements to be made in the system of recruitment of seamen;
 
 
(c) to advise the Government on the improvements or modifications to be made in the terms and conditions of employment of seamen, such as, standardisation of their rates of wages, hours of work, manning scale, and similar other matters;
 
 
 
 
(d) to advise the Government on the steps to be taken for ameliorating unemployment among seamen; and
 
 
 
 
(e) to advise the Government on any other matter relating to seamen which may be referred to it.
Power to make rules
238. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 

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