The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

80. Definition

81. Application

82. Manning of ships

83. Certificate of Competency

84. Recognition of Certificate of Competency not granted by the Director-General

85. Form of Certificates

86. Loss of Certificate

87. Master to be custodian of Certificates

88. Employment of aliens

89. Continuous Discharge Certificate Book

90. Power to cancel or suspend Certificate, etc.

91. Record of orders affecting Certificate, etc.

92. Port Clearance.

93. Report of accidents, etc.

94. Penalty

95. Power to make rules

98. Employment of young persons

99. Engagement of young persons as trimmers or stokers

100. Medical examination of young persons

101. Offences against sections 98, 99 and 100

102. Maintenance of list or Register of young persons in a ship

103. Power to make rules

104. Rules relating to engagement of seamen and maritime labour

105. Supply of seamen, etc.

106. Seaman’s identity card

107. Seaman to be in possession of Continuous Discharge Certificate

108. Loss of Continuous Discharge Certificate, etc.

109. Cancellation, etc. of Continuous Discharge Certificate

110. Certificate of fitness of seaman

111. Rules relating to manning of ships

112. Agreement with crew

113. Forms and contents of the agreement

114. Engagement in Bangladesh of single seaman for foreign ship

115. Special provisions with regard to agreements with crew of Bangladesh foreign-going ships

116. Renewal of running agreements in certain cases

117. Special provisions as to agreements with crew of home trade or coasting ships

118. Changes in crew to be reported

119. Certificate as to agreement with crew of foreign going and home trade ships

120. Certificate as to agreements with crew of coasting ships

121. Copy of agreement with crew to be made accessible to the crew

122. Alteration in agreement with the crew

123. List of crew to be furnished to Shipping Masters

124. Engagement of seamen for ships other than Bangladesh ships

124A. Agreement to meet legal requirements of the country of Registration of the ship

124B. Penalties for violating provisions of Sec. 124A

124C. Recovery of excess salary, repatriation cost, etc.

125. Engagement of seaman outside Bangladesh

126. Power to prohibit engagement of Bangladeshi seamen

127. Power to board ships and muster seamen

128. Forged Continuous Discharge Certificate, etc.

129. Power to make rules

130. Discharge of seamen to be before Shipping Master

131. Entries to be made in Continuous Discharge Certificate and return of Certificates of Competency to officers on discharge

132. Report to Shipping Master as to work of seamen, etc.

133 . Discharge of seamen abroad

134. Discharge of seamen and apprentices on charge of owner ship

135. Transmission of documents on transfer of seaman from one ship to another

136. Repatriation of seaman and apprentice on termination of service abroad

137. Leaving behind in Bangladesh of seaman or apprentice shipped abroad

138. Leaving behind seaman or apprentice by masters of Bangladesh ships abroad

139. Wages and other property of seaman or apprentice left behind by Bangladesh ships abroad

140. Power to make rules

141. Master to deliver account of wages

142. Deductions from wages of seamen

143. Disrating of seamen

144. Deduction on account of provident fund, etc.

145. Payment of wages before Shipping Master

146. Time of payment of wages

147. Settlement of wages

148. Decision on disputes by Shipping Masters

149. Power of Shipping Master to require production of ships’ papers

150. Rate of exchange for payment to seaman in a currency other than the currency as stated in the agreement

151. Right to wages and provisions

152. Wages not to depend on freight

153. Wages on termination of service by wreck, illness, etc.

154. Wages not to accrue during refusal to work or imprisonment

155. Compensation to seamen

156. Restriction on sale of and charge upon wages

157. Summary proceedings for wages

158. Restriction on suits for wages

159. Advances and allotments

160. Regulations as to allotment notes

161. Payment of sums allotted

162. Power to make rules

163. Master to take charge of the effects of deceased seamen

164. Disposal of property of seaman who dies during the voyage

165. Liability of master in respect of property of deceased seaman, etc.

166. Property of deceased seaman left abroad but not on board ship

167. Dealing with property of deceased seamen

168. Recovery of wages, etc. of seamen lost with their ship

169. Property of seamen dying in Bangladesh

170. Payment over of property of deceased seamen by Shipping Master

171. Disposal of unclaimed property of deceased seamen

172. Power to make rules

173. Application of Chapter to apprentices

174. Power to make rules with respect to distressed seamen

175. Relief and maintenance of distressed seamen

176. Mode of providing for return of seamen to proper return port

177. Receiving distressed seamen on ships

178. Bangladesh Consular Officer to decide return port to which or route by which seaman is to be sent

179. Provisions as to taking distressed seaman on ships

180. What shall be evidence of distress

181. Ships to have sufficient provisions and water

182. Allowance for short or bad provisions

183. Bangladesh foreign going ships to carry duly certificated cooks

184. Medicines to be provided and kept on board certain ships

185. Certain ships to carry Medical Officers

186. Weights and measures on board

187. Expenses of medical attendance in case of illness

188. Power to make rules with respect to crew accommodation, etc

189. Inspection of crew accommodation when a ship is registered or re registered

190. Bedding, towels, etc. to be provided

191. Inspection of provisions, water, medicines, etc.

192. Inspection by master of provisions, water and accommodation at sea

193. Power to make rules

194. Master in overall command, etc.

195. Misconduct, endangering life or ship

196. Desertion and absence without leave from Bangladesh ships

197. Desertion and absence without leave from foreign ships

197A. Measures to prevent desertion from Bangladesh and foreign ships

198. Conveyance of deserter or imprisoned seaman or apprentice on board ship

199. Power of Court to order offender to be taken on board ship

200. General offences against discipline

201. Report of desertions and absence without leave

202. Entries and certificates of desertion abroad

203. Facilities for proving desertion in proceeding for forfeiture of wages or effects

204. Application of forfeitures

205. Decisions on questions of forfeiture and deduction in suits for wages

206. Payment of fines imposed under agreement to Shipping Master

207. Penalty for enticing to desert

208. Penalty for harbouring deserters

209. Penalty on stowaways and discipline of stowaways and seamen carried under compulsion

210.Procedure where seaman or apprentice not shipped in Bangladesh is imprisoned on complaint of master or owner

211. Power to send on board seaman or apprentice not shipped in Bangladesh who is undergoing imprisonment

212. Deserters from foreign ships

213. Power to make rules

214. Definitions

214A. Place of trial of the offender

215. Particulars to be furnished in plaints, etc.

216. Power of District Magistrate to intervene in case of unrepresented seaman

217. Notice to be given in case of unrepresented seaman

218. Postponement of proceedings

219. Power to set aside decrees and orders passed against serving seaman

220. Modification of law of limitation where seaman is a party

221. Reference in matters of doubt to shipping Masters

222. Provisions of this Chapter to apply to masters and apprentices

223. Power to make rules


224. Uniform to be prescribed

225. Certificated officers may wear uniforms while unemployed

226. Uniforms when not to be worn

227. Persons not to be dressed partly in uniform

228. Penalties

Complaints by seamen and apprentices

229. Facilities for making complaints

Protection of seamen and apprentices from imposition

230. Assignment or sale of salvage invalid

231. Debts not recoverable till the conclusion of agreed service

232. Inspection of seamen’s lodging houses

233. Prohibition against solicitation by lodging house keepers

234. Seaman’s property not to be detained

235. Ship not to be boarded without permission before seaman Leave

Rescission of Contracts

236. Power of Court to rescind contract between master, owner or agent and seaman or apprentice

Maritime Advisory Committee

237. Constitution and functions of Maritime Advisory Committee

238. Power to make rules

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Ministry of Law, Justice and Parliamentary Affairs