Chapter 7
CERTIFICATE OF COMPETENCY
Definition
80. In this Chapter, unless there is anything repugnant in the subject or context, “Director-General” means the Director-General of the Department of Shipping established under this Ordinance.
Application
81. This Chapter shall apply only to Bangladesh ships.
Manning of ships
82. (1) No ship shall go to sea or proceed on a voyage unless it is manned in accordance with the provisions of this Chapter and possesses a Certificate issued by the Director-General to the effect that the ship is manned in accordance with such provisions.
(2) The Director-General shall issue the Certificate under sub-section (1) in such manner as may be prescribed.
(3) The Director-General may, by order notified in the official Gazette, require a ship to carry such minimum number of officers, doctors, cooks and other seamen as may be specified in the order.
(4) The Director-General shall not exercise his power under sub-section (3) requiring a ship to carry seamen, other than doctors and cooks, except to the extent that it appears to him necessary or expedient in the interest of safety of the ship.
(5) An order under sub-section (3) may make different provisions for different descriptions of ships or for ships of the same description in different circumstances.
(6) The Government may exempt any ship or class of ships from any requirements of an order made under sub-section (3).
(7) An exemption granted under sub-section (6) may be in respect of particular period or of one or more particular voyages.
(8) If a ship goes to sea or proceed on a voyage in contravention of the provisions of sub-section (1), the master of the ship shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh Taka, or with both.
Certificate of Competency
83. (1) The Director-General shall grant Certificate of Competency for various grades of service in different trades in a ship after conducting such examinations or tests as may be prescribed.
(2) No seaman, master or pilot shall be employed or engaged for service on board a ship unless he has the requisite Certificate of Competency granted under sub-section (1).
(3) No person shall be granted a Certificate of Competency under sub-section (1) for employment or engagement on board a ship of or above sixteen hundred tons as a radio officer or operator unless he has-
(a) such maritime radio communication general certificate as may be determined by the Director-General;
(b) at least six months' sea-service as a trainee radio officer or operator;
(c) successfully completed survival craft course, fire-fighting course and first-aid course.
(4) Notwithstanding anything contained in this section, the Director-General may relax the requirement of this section in respect of a person if-
(a) such person satisfies the Director-General that he is reasonably capable of discharging the duties and responsibilities of the trade for which he is sought to be employed or engaged;
(b) the owner of the ship satisfies the Director-General that despite due efforts person with requisite Certificate could not be available for employment or engagement;
Recognition of Certificate of Competency not granted by the Director-General
84. (1) A Certificate of Competency granted to a seaman, master or pilot by any authority in Bangladesh under any law for the time being in force before the commencement of the Bangladesh Merchant Shipping (Amendment) Act, 1988 shall be recognised as equivalent to a Certificate of Competency granted under this Chapter.
(2) A Certificate of Competency granted to a seaman, master or pilot by any authority outside Bangladesh may be recognised by the Director-General, by an order notified in the official Gazette, as equivalent to a Certificate of Competency granted under this Chapter.
(3) All provisions of this Ordinance relating to Certificate of Competency granted under this Chapter shall apply to such Certificate of Competency recognised under sub-section (1) or sub-section (2) and the recognition of any such Certificate may be suspended or withdrawn on the same ground and in the same manner as a Certificate of Competency granted by the Director-General under this Chapter is suspended or cancelled.
Form of Certificates
85. Every Certificate of Competency granted under this Chapter shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the Certificate, and the other shall be kept by the Director-General and recorded in the prescribed manner.
Loss of Certificate
86. Whenever a seaman proves to the satisfaction of the Director-General that he has, without any fault on his part, lost or been deprived of a Certificate of Competency already granted to him under this Chapter, the Director-General shall, on payment of such fee as may be prescribed, cause a copy of such Certificate to be granted to him or issue a duplicate thereof, and such copy or duplicate shall have all the effects of the original.
Master to be custodian of Certificates
87. The master of a ship shall be the custodian of Certificates of Competency of all seamen; and a seaman serving on board a ship shall deposit his Certificate of Competency with the master of the ship for its safe custody and for its production to the concerned authority whenever required to do so.
Employment of aliens
88. (1) No person who is not a citizen of Bangladesh shall be employed or engaged on board a ship as a seaman or in any other capacity without the previous permission in writing of the Government.
(2) Where the provisions of sub-section (1) is contravened, the owner of the ship shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh Taka or with both.
Continuous Discharge Certificate Book
89. (1) No person shall be employed or engaged on board a ship unless he enters into an agreement with the owner of the ship in such manner as may be prescribed.
(2) Upon an agreement under sub-section (1), a seaman shall be issued a Continuous Discharge Certificate Book by the Shipping Master, on payment of such fee and in such manner as may be prescribed, for recording details of his service.
(3) Every Continuous Discharge Certificate Book shall be in duplicate and one copy thereof shall be delivered to the person entitled to the Book and the other shall be kept by the Shipping Master and recorded in the prescribed manner.
Power to cancel or suspend Certificate, etc.
90. (1) If it appears to the Director-General that the holder of a Certificate Book issued under this Chapter has obtained it on false or erroneous information, he may, without prejudice to any other penalty to which such holder may be liable, by order, cancel or suspend such Certificate or Book:
Provided that no such order shall be passed by the Director-General unless the holder of the Certificate or of the Book has been given an opportunity of making a representation against the proposed order.
(2) A person aggrieved by an order under sub-section (1) may prefer an appeal to the Government within a period of one month from the date of such order and the decision of the Government on such appeal shall be final.
(3) Upon cancellation or suspension of a Certificate or of the Book under sub-section (1), the holder of the Certificate or of the Book shall surrender the same to the Director-General.
(4) If any person contravenes the provision of sub-section (3), he shall be liable to fine which may extend to one lakh Taka.
Record of orders affecting Certificate, etc.
91. A note of all orders made under this Ordinance for suspending, cancelling, altering or otherwise affecting a Certificate of Competency or a Continuous Discharge Certificate Book shall be entered on the copy of the Certificate or of the Book kept by the Director-General.
Port Clearance.
92. (1) The Collector of Customs shall not grant a port clearance to any ship unless a certificate issued by the Mercantile Marine Office established under this Ordinance is produced to him to the effect that the ship is duly manned in accordance with the provisions of this Chapter.
(2) If any ship attempts to go to sea without a port clearance under sub-section (1), the Collector of Customs or any officer authorised by him in this behalf may detain the ship until a Certificate mentioned in sub-section (1) is produced.
Report of accidents, etc.
93. (1) When a ship has sustained or caused any accident of whatever nature occasioning loss of life or any serious injury to any person or has received any material damage affecting her sea-worthiness or her efficiency either in her hull or in any part of her machinery or in any of her fittings or equipment, the owner or master of the ship shall, within three days after the happening of the accident, damage or casualty, or, as soon thereafter as possible, transmit to the Director-General a report of the accident or damage and of the probable cause thereof stating the name of the ship, port of registry and the place of occurrence.
(2) When any mutiny, strike, murder, assault or violence occurs in any ship, the owner or master of the ship shall, within three days after the occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information.
(3) Whenever an accident or incident of the nature specified in sub-section (1) or sub-section (2) occurs on or in connection with, a foreign flag ship in Bangladesh waters, the
agent of the ship shall, within twenty four hours after the happening of the accident or occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information.
(4) On receipt of a report under sub-section (1) or sub-section (2) or sub-section (3) the Director-General may, without prejudice to any other legal proceedings under any other law for the time being in force, order an enquiry into the accident or incident mentioned in the report.
(5) Where the Director-General is satisfied that an accident, damage or casualty has happened due to negligence or incompetence on the part of a person who is a foreign national or a person having a Certificate of Competency issued by a foreign Government or organisation, he may, without prejudice to any other action under this Ordinance or any other law for the time being in force, debar-
(a) such person from being employed or engaged for service on a Bangladesh Ship;
(b) any foreign ship from entering Bangladesh waters with such person being employed or engaged for service on that ship.
(6) If a person fails without any reasonable cause to comply with the requirements of this section, he shall be liable to fine which may extend to fifty thousand Taka.
Penalty
94. If any person-
(a) forges or fraudulently alters or assists in forging or fraudulently altering any Certificate of Competency or an official copy of any such Certificate, or
(b) makes or assists in making any false representation for the purpose of procuring either for himself or for any other person a Certificate of Competency, or
(c) fraudulently uses a Certificate of Competency, or a copy thereof, which has been forged, altered, cancelled or suspended, or to which he is not entitled, or
(d) fraudulently lends his certificate of Competency or allows it to be used by any other person,
he shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine which may extend to one lakh Taka, or with both.
Explanation.- In this section “Certificate of Competency” includes a Continuous Discharge Certificate Book issued under this Ordinance.
Power to make rules
95. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following matters, namely:-
(a) classification of Certificate of Competency of different grades;
(b) syllabus and courses of examinations or tests for Certificates of Competency;
(c) eligibility for appearing in examinations or tests for various grades of Certificate of Competency and manner of holding such examinations or tests.]
Chapter 9
EMPLOYMENT OF YOUNG PERSONS
Employment of young persons
98. No young person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship except-
(a) in a school ship or training ship in accordance with the prescribed conditions; or
(b) in a ship in which all persons employed are members of one family; or
(c) where such young person is to be employed on nominal wages and shall be under the protection of his father or other adult near male relative.
Engagement of young persons as trimmers or stokers
99. (1) Subject to the provisions of sub sections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or a stoker in any ship.
(2) Sub section (1) shall not apply-
(a) to any work of trimming or stoking done by a young person in a school ship or training ship in accordance with the prescribed conditions; or
(b) to any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam; or
(c) to the engagement of carrying to sea of a young person over sixteen years of age to work as a trimmer or stoker on a home trade ship or coasting ship in accordance with the prescribed conditions.
(3) Where in any port a trimmer or stoker is required for any ship, other than a home trade ship or coasting ship, and no person over eighteen years of age is available, two young persons over sixteen years of age may be engaged and carried to sea to do the work which would otherwise have been done by one person over eighteen years of age.
(4) There shall be included in every agreement with the crew in ships to which this section applies a short summary of the provisions of this section.
Medical examination of young persons
100. (1) Subject to the provisions of sub section (2), no young person shall be engaged or carried to sea to work in any capacity in any ship unless there has been delivered to the master a certificate granted by a prescribed medical authority that the young person is fit to be employed in that capacity.
(2) Sub section (1) shall not apply-
(a) to the employment of a young person in a ship in which all persons employed are members of one family; or
(b) where the Shipping Master, on the ground of urgency, has authorised a young person to be engaged and carried to sea, without the certificate required by sub section (1) being delivered to the master, and the young person is not
employed beyond the first port at which the ship in which he is so engaged calls except in accordance with the provisions of sub section (1).
(3) A certificate of fitness required by sub section (1) shall remain in force for one year only from the date on which it is granted.
(4) The Shipping Master may require the master of any ship to produce for inspection any certificate of fitness delivered to him under sub section (1).
Offences against sections 98, 99 and 100
101. (1) If any young person is engaged to work in any capacity in a ship in contravention of section 98, section 99, or section 100 on a false representation by his parent or guardian, or any other person, that the young person is of an age at which such engagement is not in contravention of any of those sections, such parent or guardian shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka two thousand, or with both.
(2) If any young person is carried to sea to work in contravention of section 98, section 99, or section 100, the master of the ship shall, for each offence, be punishable with fine which may extend to two thousand Taka.
(3) If any master refuses or neglects to produce for inspection any certificate of fitness delivered to him when required so to do under sub section (4) of section 100, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Maintenance of list or Register of young persons in a ship
102. (1) There shall be included in every agreement with the crew of every ship, whether a Bangladesh ship or not, which engages young persons in Bangladesh, a list of the young persons who are members of the crew, together with particulars of the dates of their birth, and in the case of any ship where there is no agreement, the master shall maintain a Register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew.
(2) The Shipping Master may require the master of any ship where there is no such agreement as aforesaid to produce for inspection the Register maintained under sub section (1).
(3) If any master fails to maintain the Register required to be maintained under sub section (1) or refuses or neglects to
produce such Register for inspection when required so to do under sub section (2), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Power to make rules
103. The Government may, by notification in the official Gazette, make rules prescribing-
(a) the conditions of employment of young persons, in any capacity, in school ships and training ships, and the authorities by whom and the manner in which the inspection of their work shall be carried out;
(b) the conditions of employment of young persons as trimmers or stokers in home trade ships and coasting ships;
(c) the authorities whose certificates of fitness shall be accepted for the purposes of section 100; and
(d) the principles and procedure to be followed by ship owners where there is no agreement with the crew.
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.
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 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.
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.
Chapter 11
DISCHARGE OF SEAMEN
Discharge of seamen to be before Shipping Master
130. (1) When a seaman serving in a foreign going ship or home trade ship is, on the termination of his engagement, discharged in Bangladesh, he shall, whether the agreement with the crew be an agreement for the voyage or a running agreement, be discharged in the manner provided by this Ordinance in the presence of a Shipping Master.
(2) The provisions of sub section (1) shall apply in relation to the discharge of seamen serving in any Bangladesh coasting ship for which an agreement is required under this Ordinance as they apply in relation to the discharge of seamen serving in foreign going ship or home trade ship:
Provided that this sub section shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 117 for service in two or more ships for the purpose of being engaged in another ship to which the agreement related.
(3) If the master or owner of a Bangladesh coasting ship for which an agreement with the crew is not required under this Ordinance so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign going ship or home trade ship.
(4) If any master, owner or owners' agent acts in contravention of any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Entries to be made in Continuous Discharge Certificate and return of Certificates of Competency to officers on discharge
131. (1) If a seaman is discharged from a ship in Bangladesh, either on his discharge or on payment of his wages, the master shall enter in the Continuous Discharge Certificate of the seaman, under his signature, particulars specifying the period of the seaman's service and the date and place of his discharge.
(2) The master shall, upon the discharge of every Certificated Officer whose Certificate of Competency has been delivered to and retained by him, return the Certificate to the officer.
(3) If a master acts in contravention of sub section (1), or fails, without reasonable cause, to return the Certificate of Competency to the officer concerned as required by sub section (2), he shall, for each offence, be punishable with fine which may, in the former case, extend to one thousand Taka and in the latter to five hundred Taka.
Report to Shipping Master as to work of seamen, etc.
132. (1) When a seaman is discharged from a ship in Bangladesh, the master shall furnish to the Shipping Master before whom the discharge is made a report in the prescribed form stating -
(a) the quality of the work of the seaman,
(b) his conduct and character on board,
(c) whether the seaman has fulfilled his obligation under the agreement with the crew,
(d) that he declines to express an opinion on all or any of these particulars,
and the master shall, if the seaman so desires, endorse on his Continuous Discharge Certificate a copy of such report which shall be verified by the Shipping Master.
(2) If the master states that he declines to express an opinion on all or any of the particulars mentioned in sub section (1), he shall enter in the official log book in the presence of a Certificated Officer, his reasons for so declining.
(3) If the master fails to comply with the provisions of this section, he shall be punishable with fine which may extend to five thousand Taka.
Discharge of seamen abroad
133. (1) When the master of a Bangladesh ship discharges a seaman at any port or place outside Bangladesh, except at a port or place in a country in which the seaman was engaged, the provisions of this Ordinance respecting the discharge of seamen in Bangladesh shall apply subject to the following modifications, that is to say-
(a) at a port or place having a Bangladesh Consular Officer,-
(i) the master shall not discharge a seaman except with the previous sanction of the Bangladesh Consular Officer endorsed on the agreement with the crew, nor, unless the law in force at such port or place prohibits it, otherwise than in the presence of that officer;
(ii) the Bangladesh Consular Officer to whom an application is made for sanction under sub clause (i) shall examine the grounds on which the seaman is proposed to be discharged, and may grant or refuse sanction as he thinks just, but shall not unreasonably refuse such sanction; and
(iii) if a copy of the report referred to in sub section (1) of section 132 is endorsed on the seaman's Continuous Discharge Certificate, the Bangladesh Consular Officer shall verify the same; and
(b) at a port or place where there is no Bangladesh Consular Officer, the master may himself, if not contrary to any law in force in such port or place, discharge a seaman
and, shall, if the seaman so desires, endorse on his Continuous Discharge Certificate the report referred to in sub section (1) of section 132.
(2) As soon as may be after a seaman has been discharged 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 of the seaman so discharged in the form sanctioned by the Government.
(3) If a master acts in contravention of this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both.
Discharge of seamen and apprentices on charge of owner ship
134. (1) Where a Bangladesh ship is transferred or disposed of at any port or place outside Bangladesh, every seaman and apprentice belonging to that ship shall be discharged at that port or place, unless the seaman or apprentice consents in writing in the presence of the Bangladesh Consular Officer to complete the voyage of the ship, if continued.
(2) Where a seaman or apprentice is so discharged, the provisions of this Ordinance as to Continuous Discharge Certificate and the repatriation of the seaman or apprentice to a proper return port shall apply as if the service of the seaman or apprentice had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement.
Transmission of documents on transfer of seaman from one ship to another
135. (1) Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all documents in his possession relating to the seaman.
(2) If the master fails without reasonable cause to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Repatriation of seaman and apprentice on termination of service abroad
136. (1) When the service of a seaman or apprentice terminates, without the consent of the seaman or apprentice, at a port or place outside Bangladesh, and before the expiration of the period for which the seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in addition to any
other relative obligation imposed on either of them by this Ordinance, make adequate provision for the maintenance of the seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper return port.
(2) If the master or owner fails without reasonable cause, to comply with sub section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman or apprentice, be recoverable as wages due to him and if defrayed by a Bangladesh Consular Officer, be regarded as expenses falling within the provisions of sub section (2) of section 175:
Provided that inability to provide the said expenses shall not, for the purposes of this sub section, be regarded as reasonable cause.
Leaving behind in Bangladesh of seaman or apprentice shipped abroad
137. (1) The master of a ship shall not discharge at any port or place in Bangladesh a seaman or apprentice shipped outside Bangladesh, unless he previously obtains sanction in writing of a Shipping Master, but such sanction shall not be refused when the seaman or apprentice is discharged on the expiration of the period for which the seaman was engaged or the apprentice was bound.
(2) Subject to the provisions of sub section (1), the sanction under that sub-section may be given or refused at the discretion of the Shipping Master, but whenever it is refused, the reasons for so refusing it shall be recorded by him.
Leaving behind seaman or apprentice by masters of Bangladesh ships abroad
138. (1) The master of a Bangladesh ship shall not leave a seaman or apprentice behind at any port or place outside Bangladesh, except where the seaman or apprentice is discharged in accordance with this Ordinance unless he previously obtains from the Bangladesh Consular Officer a certificate endorsed on the agreement with the crew and stating the cause of the seaman or a apprentice being left behind.
(2) The Bangladesh Consular Officer to whom an application is made for a certificate under sub section (1) shall examine the grounds on which the seaman or apprentice is to be left behind, and may grant or refuse the certificate as he thinks just, but shall not unreasonably refuse such certificate.
(3) As soon as may be after a seaman or apprentice is left behind 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 of the seaman or apprentice so left behind in the form sanctioned by the Government.
(4) If a master acts in contravention of any of the provisions of this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Taka, or with both.
Wages and other property of seaman or apprentice left behind by Bangladesh ships abroad
139. (1) If a seaman or apprentice belonging to a Bangladesh ship is left behind at any port or place outside Bangladesh, the master of the ship shall enter in the official log book a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge.
(2) Within forty eight hours after the arrival of the ship at the port in Bangladesh at which the voyage terminates, the master shall deliver to the Shipping Master-
(a) a statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him, and
(b) a statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seaman or apprentice, where the absence is an offence punishable under section 196,
and if required by the Shipping Master to do so, shall furnish such vouchers as are reasonably required to verify the statements.
(3) The master shall, at the time when he delivers the statements referred to in sub section (2) to the Shipping Master, also deliver to him the amount due to the seaman or apprentice in respect of wages and the property that was left on board by him and the Shipping Master shall give to the master a receipt therefore in the prescribed form.
(4) The master shall be entitled to be reimbursed out of the wages or property referred to in clause (a) of sub section (2) such expenses shown in the statement referred to in clause (b) of that sub section as appear to the Shipping Master to be property chargeable.
Power to make rules
140. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
Chapter 12
WAGES OF SEAMEN
Master to deliver account of wages
141. (1) The master of every ship shall, before paying off or discharging a seaman under this Ordinance, deliver at the time and in the manner provided by this Ordinance a full and true account in a form sanctioned by the Government of the seaman's wages and of all deductions to be made therefrom on any account whatsoever.
(2) The said account shall be delivered-
(a) where the seaman is not discharged before the Shipping Master, to the seaman himself not less than twenty four hours before his discharge or payment off ; and
(b) where the seaman is to be discharged before the Shipping Master, either to the seaman himself, at or before the time of his leaving the ship, or to the Shipping Master not less than twenty four hours before the discharge or payment off.
(3) If the master of a ship fails, without reasonable cause, to comply with this section, he shall, for each offence, be punishable with fine which may extend to five hundred Taka.
Deductions from wages of seamen
142. (1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this Ordinance except in respect of a matter happening after the delivery.
(2) The master shall, during the voyage, enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment.
Disrating of seamen
143. (1) Where the master of a ship disrates a seaman he shall forthwith enter or cause to be entered in the official log book a statement of the disrating and furnish the seaman with a copy of the entry; and any reduction of wages consequent of the disrating shall not take effect until the entry has been so made and the copy so furnished.
(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 141 and 142.
Deduction on account of provident fund, etc.
144. (1) Notwithstanding anything contained elsewhere in this Ordinance, or in any other law for the time being in force, a deduction may be made from the wages of a seaman either monthly or at the end of a voyage as applicable in each case, on account of provident fund, pension, social insurance, gratuity or any other fund approved by the Government for the purpose.
(2) The Government may make rules with regard to the manner in which the deductions from the wages may be made and the amount of such deductions for the purposes of such fund, and the collection, deposit, withdrawal, administration, disbursement, expenditure and other ancillary matters relating thereto.
Payment of wages before Shipping Master
145. (1) Where a seaman is discharged before a Shipping Master in Bangladesh, the master or owner of the ship shall pay the wages of the seaman through, or in the presence of, the Shipping Master unless a competent Court otherwise directs; and in such a case, if the master or owner pays the wages in any other manner, he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
(2) If the master or owner of a home trade ship of less than two hundred tons gross so desires, he may pay the wages of the seaman of that ship in the same manner as a seaman discharged from a foreign going ship is paid.
Time of payment of wages
146. (1) The master or owner of every ship discharging a seaman under this Ordinance shall pay to every seaman his wages within five days of the seaman's discharge and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one fourth part of the balance due to him.
(2) If the seaman consents, the final settlement of his wages may be left to the Shipping Master, and the receipt of the Shipping Master shall in that case operate as if it were a release given by the seaman in accordance with this Chapter.
(3) In the event of the seaman's wages or any part thereof, not being settled under sub section (2), then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability or to any other cause not being the wrongful act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof.
(4) Except in a case where final settlement of wages is left to a Shipping Master under sub section (2), if a master or owner fails without reasonable cause to make payment as required by sub section (1), he shall pay to the seaman such sum not exceeding the amount of two days' pay for each of the days during which the payment is delayed as may be decided by the Shipping Master in each case.
(5) Any sum payable under sub section (4) may be recovered from the master or owner as wages.
Settlement of wages
147. (1) Where a seaman is discharged, and the settlement of his wages completed before a Shipping Master, he shall sign in the presence of the Shipping Master a release in a form sanctioned by the Government of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master or owner of the ship and attested by the Shipping Master.
(2) The release so signed and attested shall be retained by the Shipping Master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.
(3) A copy of the release, certified under the hand of the Shipping Master to be a true copy, shall, on payment of the prescribed fee, be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future question touching such claims, and shall have all effect of the original of which it purports to be a copy.
(4) Where the settlement of a seaman's wages is by this Ordinance required to be completed through, or in the presence of a Shipping Master, no payment, receipt or settlement made otherwise than in accordance with this Ordinance shall operate or be admitted as evidence of the release or satisfaction of claim.
(5) Upon any payment being made by a master before a Shipping Master, the Shipping Master shall, if required, sign and give to the master a statement of the whole amount so paid, and this statement, shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned.
(6) Notwithstanding anything contained in the preceding sub sections, a seaman may except from the release signed by him any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release; and the release shall not operate as a discharge and settlement of any claim or demand so noted nor shall sub section (4) apply to any such claim or demand.
Decision on disputes by Shipping Masters
148. (1) Where under the agreement with the crew any dispute arises at any port in Bangladesh between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the Shipping Master,-
(a) Where the amount in dispute does not exceed five hundred Taka, at the instance of either party to the dispute; and
(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the Shipping Master.
(2) The Shipping Master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be submission or award shall be prima facie evidence thereof :
Provided that if, in any case, the Shipping Master is of opinion that the question is one which ought to be decided by a Court of law, he may refuse to decide the dispute.
(3) An award made by a Shipping Master under this section may be enforced by a Magistrate in the same manner as an order for the payment of wages made by Magistrate under this Ordinance.
(4) Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to any matter submitted to a Shipping Master for decision under this section.
Power of Shipping Master to require production of ships’ papers
149. (1) In any proceedings under this Ordinance before a Shipping Master relating to the wages, claims or discharge of a seaman, the Shipping Master may require the owner or his agent or the master or any mate or other member of the crew to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine on the matter any of those persons being then at or near the place.
(2) If any person so required fails, without reasonable cause, to comply with the requisitions, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Rate of exchange for payment to seaman in a currency other than the currency as stated in the agreement
150. Where a seaman or apprentice has agreed with the master of a ship for payment of his wages in Bangladesh or other currency, any payment, of, or on account of, his wages, if made in any currency other than that stated in the agreement shall, notwithstanding anything contained in the agreement, be made at the rate of exchange for the time being current at the place where the payment is made.
Right to wages and provisions
151. A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.
Wages not to depend on freight
152. (1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to any other laws, rules and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages.
(2) Where a seaman or apprentice, who would but for death be entitled by virtue of this section to demand and recover any wages, dies before the wages are paid, they shall be paid and applied in manner provided by this Ordinance with respect to the wages of a seaman who dies during a voyage.
Wages on termination of service by wreck, illness, etc.
153. (1) Where the service of any seaman engaged under this Ordinance terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside Bangladesh under a certificate granted under this Ordinance of his unfitness or inability to proceed on the voyage, the seaman shall be entitled to receive,-
(a) in the case of wreck, loss or abandonment of the ship,-
(i) wages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port, or for a period of two months, whichever be longer; and
(ii) compensation, being not less than two months' wages, for the loss of his effects; and
(b) in the case of unfitness or inability to proceed on the voyage, wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port subject to such limits as may be prescribed.
(2) A seaman shall not be entitled to receive any wages under sub-clause (i) of clause (a) of sub-section (1) if he declines to avail himself of the repatriation arrangements made by or on behalf of the owner and approved by the Bangladesh Consular Officer concerned, nor shall a seaman be entitled to receive such wages in respect of any period during which-
(a) he was, or could have been suitably employed, or
(b) through negligence he failed to apply to the proper authority for relief as a distressed or destitute seaman.
(3) This section shall apply to every person employed or engaged in any capacity on board any ship and for the time being entered on the ship's articles of agreement, and to every master, and apprentice, as it applied to a seaman.
Wages not to accrue during refusal to work or imprisonment
154. A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work when so required, nor, unless the Court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.
Compensation to seamen
155. If a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying that discharge and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.
Restriction on sale of and charge upon wages
156. (1) As respects wages due or accruing to a seaman or apprentice,-
(a) they shall not be subject to attachment by order of any Court;
(b) an assignment or sale thereof made prior to the accruing thereof shall not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
(d) a payment of wages shall be valid in law notwithstanding any previous sale or assignment of those wages or any attachment or encumbrance thereof.
(2) The provisions of clauses (b) and (c) of sub section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund approved in this behalf by the Government, the main purpose of which is the provision of benefits for seaman; and the provisions of clauses (a) and (d) of sub section (1) shall not apply to anything done or to be done for giving effect to such an assignment.
(3) Nothing in this section shall affect the provisions of this Ordinance or any other law for the time being in force with respect to allotment notes.
Summary proceedings for wages
157. A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, sue for the same in a summary manner before any Magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and the order made by the Magistrate in the matter shall be final.
Restriction on suits for wages
158. A proceeding for the recovery of wages shall not be instituted by or on behalf of any seaman or apprentice in any Civil Court, except-
(a) where the owner of the ship is adjudged bankrupt or declared insolvent;
(b) where the ship is under arrest or is sold by the authority of any Court; or
(c) where a Magistrate under the authority of this Ordinance refers a claim to the Court.
Advances and allotments
159. (1) Any agreement with the crew may contain a stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages payable to the seaman under the agreement.
(2) Stipulations for the allotment of a seaman's wages may be made in accordance with this Ordinance.
(3) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in Bangladesh shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seaman's wages and a person shall not have any right of action, suit or set off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.
(4) No seaman, who has been lawfully engaged and has received under his agreement an advance payment, shall, wilfully or through misconduct, fail to attend his ship or desert therefrom before the payment becomes really due to him and if he fails to attend his ship or deserts therefrom, he shall be liable to a fine which may extend to one thousand Taka or at the discretion of the Court, to imprisonment for a term which may extend to one month.
(5) Where it is shown to the satisfaction of the Shipping Master that a seaman lawfully engaged has wilfully or through misconduct failed to join the ship, the Shipping Master may withhold any of the seaman's certificates of discharge for such period as he may think fit, and while a seaman's certificate of discharge is so withheld, the Shipping Master may refuse to furnish copies of any such certificate or certified extracts therefrom.
Regulations as to allotment notes
160. (1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payment to be made.
(2) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment note, of any part, not exceeding two-thirds, of his wages in favour either of a relative of the seaman, or some member of his family, or a savings Bank or a fund approved by the Government, to be named in the note.
(3) Allotment notes shall be in a form sanctioned by the Government.
Payment of sums allotted
161. (1) The owner or any agent who has authorised the drawing of an allotment note shall pay or remit to the person or persons nominated in this behalf by the seaman the amount mentioned in such note, and inform the Shipping Master that this has been done.
(2) If any owner or agent fails to pay or remit as aforesaid any such amount, the Shipping Master shall demand the sums due under the allotment note, and, if the owner or agent fails to pay such sums to the Shipping Master, the Shipping Master may sue for and recover the same with cost:
Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court or Magistrate trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid, but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court or Magistrate either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Ordinance is required, or by a certified copy of some entry in the official log book to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the Court or Magistrate may consider sufficient.
(3) The Shipping Master on receiving any such sum as aforesaid shall pay it over to the person, bank or fund named in that behalf in the allotment note.
(4) All such receipts and payment shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of a Shipping Master.
(5) The said book shall be at all reasonable times open to the inspection of the parties concerned.
Power to make rules
162. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
Chapter 13
PROPERTY OF DECEASED SEAMEN
Master to take charge of the effects of deceased seamen
163. (1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in Bangladesh, dies during that voyage, the master of the ship shall immediately report the death to the Shipping Master at the port of engagement of the seaman, and take charge of any money or effects belonging to the seaman or apprentice which are on board the ship.
(2) The master may, if he thinks fit, cause any effects to be sold by auction at the mast or otherwise by public auction.
(3) The master shall enter in the official log book the following particulars, namely:-
(a) a statement of the amount of money and a description of the effects;
(b) in the case of a sale, a description of each article sold and the sum received for each; and
(c) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages.
(4) The said money, effects, proceeds of sale of effects, and balance of wages, are in this Ordinance referred to as the property of the seaman or apprentice.
Disposal of property of seaman who dies during the voyage
164. (1) Where a seaman or apprentice dies as aforesaid and the ship before coming to a port in Bangladesh, touches and remains for more than forty eight hours at some port elsewhere, the master shall report the case to the Bangladesh Consular Officer at such port and shall give to that officer any information he requires as to the destination of the ship and probable length of the voyage.
(2) The Bangladesh Consular Officer may, if he thinks it expedient, require the property of the seaman and apprentice to be delivered and paid to him and shall thereupon give to the master a receipt thereof and endorse under his hand upon the agreement with the crew such particulars with respect thereto as the Government may specify.
(3) The receipt shall be produced by the master to the Shipping Master within forty eight hours after his arrival at his port of destination in Bangladesh.
(4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in Bangladesh without touching and remaining as aforesaid at a port elsewhere or the Bangladesh Consular Officer does not require the delivery and payment of the property as aforesaid, the master shall, within forty eight hours after his arrival at his port of destination in Bangladesh, pay and deliver the property to the Shipping Master at that port.
(5) A deduction claimed by the master in such account shall not be allowed unless verified by an entry in the official log book, and also by such vouchers, if any, as may be reasonably required by the Shipping Master.
(6) A Shipping Master shall grant to a master, upon due compliance with such provisions of this section as relate to acts to be done at the port of destination, a certificate to that effect.
Liability of master in respect of property of deceased seaman, etc.
165. (1) If the master fails to comply with the provisions of this Ordinance with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of the property, he shall, notwithstanding any penalty to which he may be liable under this Ordinance, be accountable for the property to the Shipping Master as aforesaid, and shall pay and deliver the same accordingly; and shall, in addition, be punishable, for each offence, with fine not exceeding three times the value of the property not accounted for or, if such value is not ascertained, with fine which may extend to five thousand Taka.
(2) The property may be recovered in the same Court and in the same manner in which the wages of seamen may be recovered under this Ordinance.
Property of deceased seaman left abroad but not on board ship
166. If any seaman or apprentice on a Bangladesh ship, or engaged in Bangladesh on any other ship, the voyage of which is to terminate in Bangladesh, dies at any place outside Bangladesh leaving any money or effects hereinafter referred to as the property of a deceased seaman or apprentice not on board the ship, the Bangladesh Consular Officer at or near the place shall claim and take charge of such money and other effect.
Dealing with property of deceased seamen
167. (1) A Bangladesh Consular Officer or a Shipping Master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under this Ordinance may, if he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Ordinance and the proceeds of any such sale shall be deemed to form part of the property of the deceased seaman or apprentice.
(2) Before selling any valuable comprised in the said effects, such Officer or Shipping Master shall endeavour to ascertain the wishes of the next of kin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes.
(3) A Bangladesh Consular Officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this Ordinance shall remit the property to the Shipping Master at the port of engagement of the deceased seaman or apprentice in such manner and shall render such accounts in respect thereof as may be prescribed.
Recovery of wages, etc. of seamen lost with their ship
168. (1) Where a seaman or apprentice is lost with the ship to which he belongs, the Government or such Officer as the Government may appoint in this behalf, may recover the wages and the compensation due to him from the owner, master or agent of the ship in the same Court and in the same manner in which seaman's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seamen or apprentices under this Ordinance.
(2) In any proceeding for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within six months after the departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable.
(3) Any duplicate agreement or list of the crew made out, or statement or a change of the crew delivered under this Ordinance at the time of the last departure of the ship from Bangladesh, or a certificate purporting to be a certificate from a Bangladesh Consular Officer at any port out of Bangladesh, stating that certain seamen or apprentices were shipped in the ship from the said port shall be, in the absence of proof to the contrary, sufficient proof that the seamen or apprentices therein named as belonging to the ship were on board at the time of the loss.
Property of seamen dying in Bangladesh
169. If a seaman or apprentice dies in Bangladesh and is at the time of his death entitled to claim from the master or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property to the Shipping Master at the port where the seaman or apprentice was discharged or was to have been discharged or to such other Officer as the Government may direct.
Payment over of property of deceased seamen by Shipping Master
170. Where any property of a deceased seaman or apprentice is paid or delivered to a Shipping Master, the Shipping Master, after deducting for expenses incurred in respect of that seaman or apprentice or his property such sums as he thinks proper to allow, may-
(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the Shipping Master to be entitled thereto, and the Shipping Master shall thereby be discharged from all further liability in respect of the residue so paid or delivered; or
(b) if he thinks fit so to do, require probate or letters of administration of a certificate under the
Succession Act, 1925 (XXXIX of 1925), to be taken out, and thereupon pay and deliver the residue to the legal representative of the deceased.
Disposal of unclaimed property of deceased seamen
171. (1) Where no claim to the property of a deceased seaman or apprentice received by a Shipping Master is substantiated within one year from the receipt thereof by such Shipping Master, the Shipping Master shall cause such property to be sold and pay the proceeds of the sale into the public treasury.
(2) If, after any money had been so paid into the public treasury, any claim is made thereto, then if the claim is established to the satisfaction of the Shipping Master, the amount, or so much as shall appear to be due to the claimant, shall be paid to him, and if the claim is not so established, it shall be rejected and the claimant may thereupon apply by petition to the Supreme Court which shall, after taking evidence either orally or on affidavit, make such order on the petition as shall seem just:
Provided that, after the expiration of six years from the receipt of such property by the Shipping Master, no claim to such property shall be entertained by the Shipping Master without the sanction of the Government.
Power to make rules
172. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
Chapter 14
DISTRESSED SEAMEN
Application of Chapter to apprentices
173. This Chapter shall apply to apprentices as it applies to seamen.
Power to make rules with respect to distressed seamen
174. The Government may make rules with respect to the relief, maintenance, and return to a proper return port, of ship wrecked seamen and of seamen found otherwise in distress at any place outside Bangladesh, and with respect to the circumstances in which, and the conditions subject to which, seamen may be relieved, and provided with passages, and generally for carrying out the purposes of this Chapter ; and a distressed seaman shall not have any right to be relieved, maintained or sent to a proper return port except in the cases and to the extent and on the conditions provided for in such rules.
Relief and maintenance of distressed seamen
175. (1) The Bangladesh Consular Officer at or near the place outside Bangladesh where a seaman is in distress shall, on application being made to him by or on behalf of the distressed seaman, provide, in accordance with rules made in this behalf, for the return of the seaman to a proper port and also for his necessary clothing and maintenance until his arrival at such port.
(2) Where any expenses other than excepted expenses are incurred by or on behalf of the Government on account of a distressed seaman either for his maintenance, necessary clothing, conveyance to a proper return port, or in case of death, for his burial, or otherwise in accordance with this Ordinance, those expenses, together with the wages, if any, due to the seaman, shall be a charge upon the ship, whether a Bangladesh ship or not, to which the distressed seaman belonged, and shall be a debt due to the Government from the master of the ship, or from the owner of the ship for the time being, or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss, or where the ship has been transferred to some person not being a citizen of Bangladesh, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship be a ship other than a Bangladesh ship, from the person, whether principal or agent, who engaged the seamen for service in the ship.
(3) All excepted expenses incurred by or on behalf of the Government in accordance with the provisions of this Ordinance shall constitute a debt due to the Government for which the seaman in respect of whom they were incurred and the owner or agent of the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable; and the owner or agent shall be entitled to recover from the seaman any amount paid by the owner or agent to the Government in settlement or part settlement of such debt, and may apply to the satisfaction of claim so much as may be necessary to any wages due to the seaman.
(4) All excepted expenses incurred in accordance with the provisions of this Ordinance in respect of any distressed seaman by the owner or agent of the ship to which the seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner or agent for which the seaman shall be liable; and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman, but shall not be entitled to recover from the seaman any repatriation expenses other than excepted expenses.
(5) In any proceedings for the recovery of any expenses which in terms of sub-section (2) or sub section (3) are a debt due to the Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Ordinance by or on behalf of the Government.
(6) Any debt which may be due to the Government under this section may be recovered by any Officer authorised by it in writing in this behalf from the person concerned in the same manner in which wages may be recovered by seamen.
(7) For the purpose of this section, “excepted expenses” are expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Government is otherwise satisfied, that the cause of the seaman being left behind is desertion, or disappearance, or imprisonment for misconduct, or discharge from the ship on the ground of misconduct, or otherwise due to the fault of the seamen.
Mode of providing for return of seamen to proper return port
176. (1) A seaman may be sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly by anyone and partly by any other of these modes.
(2) Provision shall be made for the return of the seaman as to the whole of the route if it is by sea, or as to any part of the route which is by sea, by placing the seaman on board a Bangladesh ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, whether a Bangladesh ship or not, or with the money for his passage, and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses.
(3) Where the master of a ship is required under this Chapter to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seamen's passage or the expenses of his journey or of providing the seaman with means to pay his passage or those expenses, deposit with the Bangladesh Consular Officer such sum as that Officer considers sufficient to defray the expenses of the return of the seaman to a proper return port.
Receiving distressed seamen on ships
177. (1) The master of a Bangladesh ship shall receive on board his ship and afford passage and maintenance to all distressed seamen whom he is required by the Bangladesh Consular Officer to take on board his ship, and shall, during the passage, provide every such distressed seaman with accommodation equal to that normally provided for the crew of the ship and subsistence proper to the rank or rating of the said distressed seaman:
Provided that the master of the ship shall not be required to receive on board his ship a distressed seaman in terms of this section if the Bangladesh Consular Officer is satisfied that accommodation is not and cannot be made available for such seaman.
(2) If the master of any such ship, when required so to do under sub section (1), fails or refuses to receive on board his ship, or to give a passage of subsistence to, or to provide for, a distressed seaman, he shall, for each offence be punishable with fine which may extend to five thousand Taka.
Bangladesh Consular Officer to decide return port to which or route by which seaman is to be sent
178. If in any case, any question arises as to what return port a seaman is to be sent to or as to the route by which he should be sent, it shall be decided by the Bangladesh Consular Officer supervising the repatriation, and in deciding any such question, regard shall be had both to the convenience of the seaman and to the expense involved, and also where that is the case, to the fact that a Bangladesh ship which is in want of men to make up its complement is about to proceed to a proper return port.
Provisions as to taking distressed seaman on ships
179. (1) Where a distressed seaman is for the purpose of his return to a proper port placed on board a Bangladesh ship, the Bangladesh Consular Officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship particulars of the seaman so placed on board.
(2) On the production of a certificate signed by the Bangladesh Consular Officer by whose directions distressed seamen were received on board, specifying the number and the names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master stating the number of days during which each distressed seaman has received subsistence, the full complement of his crew and the actual number of seamen employed on board his ship and every
variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled to be paid in respect of the subsistence and passage of every seaman so conveyed and provided for by him, exceeding the number, if any, wanted to make up the complement of his crew, such sum for each day as the Government may, by rules made in this behalf, allow.
What shall be evidence of distress
180. In any proceeding under this Chapter, a certificate of the Government or of such officer as the Government may specify in this behalf to the effect that the seaman named therein is distressed shall be conclusive evidence that such seaman is a distressed seaman within the meaning of this Ordinance.
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.
Chapter 16
DISCIPLINE OF SEAMEN AND APPRENTICES
Master in overall command, etc.
194. (1) The master's authority on the ship shall be absolute, and no seaman or other person on board shall, at any time, challenge or otherwise question or undermine such authority.
(2) The master shall have the power and authority to give any command or order to any seaman or other person on board which he considers to be necessary for the maintenance of discipline among seamen and on board generally or for any other purpose, and every such command or order shall be obeyed and carried out by the person to whom it is given.
(3) Notwithstanding anything to the contrary contained in any other law for the time being in force, the master may arrest, detain or confine in a reasonable manner and for a reasonable time any person on board his ship if he has reasonable cause to believe that such arrest, detention or confinement is necessary for the preservation of order and discipline, for the navigation or safety of the vessel, or for safety of the person or property on board.
(4) The master while in command of a Bangladesh ship shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (Act XLV of 1860).
(5) In a case where the master has died or left the vessel or is incapacitated, the mate next in seniority to the master shall function as master until a master is duly appointed, and all the provisions of this section shall apply to such mate as they apply to the master.
(6) The master of any Bangladesh ship who, during the progress of voyage, is removed or for any reason quits the ship and is succeeded in the command by some other person, shall deliver to his successor all documents relating to the navigation of the ship, including the information required to be carried under section 302 and the crew thereof which are in his custody; and such successor shall, immediately on assuming the command of the ship, enter in the official log book a list of the document so delivered to him.
(7) The master of a ship who fails to deliver the documents as required by sub-section (6) shall be punishable with fine which may extend to ten thousand Taka.
Misconduct, endangering life or ship
195. If a master, seaman or apprentice belonging to a Bangladesh ship, by wilful breach of duty or by neglect of duty or by reason of drunkenness,
(a) does any act tending to the immediate loss, destruction or serious damage to the ship or tending immediately to endanger the life or limb of a person belonging to or on board the ship; or
(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life or limb;
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 ten thousand Taka, or with both.
Desertion and absence without leave from Bangladesh ships
196. If a seaman lawfully engaged, or an apprentice, commits any of the following offences, he shall notwithstanding anything in the
Code of Criminal Procedure, 1898 (Act V of 1898), be liable to be tried in a summary manner and to be punished as follows, namely:
(a) if he deserts from his ship, he shall be guilty of the offence of desertion, and shall be punishable with imprisonment for a term which may extend to [five years] and with fine, which may extend to [ten lakh taka] and shall also be liable to forfeit all or any part of the effects he leaves on board and of the wages which he has then earned and also, if the desertion takes place at any place not in Bangladesh, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to Bangladesh, and to satisfy any excess of wages paid by the master or owner of the ship which he abandons to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be repaid to him and he shall also be liable to refund the actual cost of his repatriation and the said amount shall be realised as a public demand;
(b) if he neglects or refuses without reasonable cause to join his ship or proceed to sea in his ship or is absent without leave at any time within twenty four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason, from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave, and shall be
punishable with imprisonment which may extend to [three years] and with fine, which may extend to [fifty thousand taka] and shall also be liable to forfeit out of his wages a sum not exceeding one month's pay and, in addition, for every twenty four hours of absence, either a sum not exceeding seven day's pay, or any expenses properly incurred in hiring a substitute.
Desertion and absence without leave from foreign ships
197. If a Bangladeshi seaman or apprentice lawfully engaged on a foreign ship deserts or goes absent without leave from the ship in any port, he shall be deemed to have committed the same offence as laid down in section 196 and shall, on summary conviction, be liable to the same punishment in the same manner as laid down in that section.
Measures to prevent desertion from Bangladesh and foreign ships
[197A. (1) Whenever it becomes necessary, the Shipping Master shall-
(a) take a bond the binding the guarantors of the seamen to pay 5 (five) lakh taka compensation, in the case of desertion by the seaman and it shall be payable to the concerned person or authority who incurred loss due to the desertion;
(b) cancel the seamen's book of a deserted seaman;
(c) enforce a ban on deserted seaman from entering into seafaring profession;
(d) enforce a ban on the deserted seaman from entering into any Government service in Bangladesh.
(2) The state may forfeit the properties of a deserted seaman excluding the inherited properties.]
Conveyance of deserter or imprisoned seaman or apprentice on board ship
198. (1) If a seaman or apprentice is guilty of the offence of desertion or of absence without leave or otherwise absents himself from his ship without leave, the master or any mate or the owner may convey him on board his ship, and may, for that purpose, use such force including police force as may be necessary; and every police officer shall render all such assistance as may be required of him.
(2) If the seaman or apprentice so requires, he shall first be taken before a Court competent to take cognizance of the case to be dealt with according to law.
(3) If it appears to the Court before whom the case is brought that the seaman or apprentice has been conveyed on board or taken before the Court on improper or insufficient ground, the Court may punish the master, mate or owner, as the case may be, with a fine which may extend to ten thousand Taka; and such punishment shall be a bar to any action for false imprisonment against the master, mate or owner.
(4) If a seaman or apprentice is imprisoned for having been guilty of the offence of desertion or of absence without leave, or for having committed any other breach of discipline, and his services are required on board his ship during his imprisonment but before the expiration of the period of his engagement, any Magistrate may, on the application of the master or of the owner or his agent, notwithstanding that the period of his imprisonment has not terminated, cause the seaman or apprentice to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent, to be by them so conveyed.
Power of Court to order offender to be taken on board ship
199. Where a seaman or apprentice is brought before a Court on the ground of the offence of desertion or of absence without leave or of otherwise absenting himself without leave and the master, or the owner or his agent so requests, the Court may, instead of committing the seaman or apprentice to prison, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship or the owner or his agent, to be by them so conveyed and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or may, by virtue of his then existing engagement, afterward earn.
General offences against discipline
200. If a seaman or an apprentice commits any of the following offences, in this Ordinance referred to as offences against discipline, he shall, notwithstanding anything in the
Code of Criminal Procedure, 1898 (Act V of 1898), be liable to be tried in a summary way and to be punished as follows, namely:-
(i) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
(ii) if he is guilty of wilful disobedience to any lawful command, he shall be punishable with imprisonment for a term which may extend to two months, and shall also be liable to forfeit out of his wages a sum not exceeding seven day's pay;
(iii) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable for every twenty four hours' continuance of such disobedience or neglect for a sum not exceeding twenty one days' pay or any expenses which may have been properly incurred in hiring a substitute;
(iv) if he assaults the master or any mate or engineer of the ship, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand Taka or with both;
(v) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both;
(vi) if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages, any of her stores or cargo, he shall he punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to ten thousand Taka or with both, and shall also be liable to forfeit out of his wages a sum equal to the loss thereby sustained;
(vii) if he is convicted of any act of smuggling whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.
Report of desertions and absence without leave
201. (1) Whenever any seaman not shipped in Bangladesh deserts or otherwise absents himself in Bangladesh without leave from a Bangladesh ship [or a foreign ship] in which he is engaged to serve, the master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the Shipping Master or to such other Officer as the Government may appoint in this behalf, unless in the meantime the deserter or absentee returns.
(2) Any master [on Bangladeshi ships and Bangladeshi masters on foreign ships] who wilfully neglects to comply with the provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to [fifty thousand] Taka, or with both.
Entries and certificates of desertion abroad
202. (1) In every case of desertion from a Bangladesh ship whilst she is at any place outside Bangladesh, the master shall make in the official log book entry of the desertion which shall be signed by him and also by a mate and one of the crew and shall produce the entry [to the shipping master who shall thereupon make and certify a copy of the entry prior to departure from the port].
[(2) The copy of the official log book certified by the master shall constitute as prima facie evidence of desertion in any legal proceeding.]
(3) Such copy, if purporting to be so made and certified as aforesaid, shall in any legal proceeding relating to such desertion, be admissible in evidence.
Facilities for proving desertion in proceeding for forfeiture of wages or effects
203. (1) Whenever a question arises whether the wage or effects of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in Bangladesh and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log-book.
(2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Chapter, be deemed to be proved unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise show to the satisfaction of the Court that he had sufficient reasons for leaving his ship.
Application of forfeitures
204. (1) Where any wages or effects are forfeited under this Ordinance for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship and, subject to that reimbursement, shall be paid into the public treasury and credited to the account of the Government.
(2) For the purposes of such reimbursement, the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited; and the Court in any legal proceeding relating to such wages may order them to be paid accordingly.
Decisions on questions of forfeiture and deduction in suits for wages
205. Any question concerning the forfeiture of, or deductions from, the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages notwithstanding that the offence in respect of which the question arises, though by this Ordinance made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.
Payment of fines imposed under agreement to Shipping Master
206. (1) Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted and paid over as follows, namely:
(a) if the offender is discharged at any port or place in Bangladesh and the offence and such entries in respect thereof as aforesaid are proved to the satisfaction of the Shipping Master before whom the offender is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such Shipping Master; and
(b) if the seaman is discharged at any port or place outside Bangladesh and the offence and such entries as aforesaid are proved to the satisfaction of the Bangladesh Consular Officer by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book and signed by such officer and on the return of the ship to Bangladesh the master or owner shall pay over such fine to the Shipping Master before whom the crew is discharged.
(2) If any master or owner neglects or refuses so to pay over the fine, he shall, for each offence, be punishable with fine which may extend to six times the amount not so paid over by him.
Penalty for enticing to desert
207. If a person by any means whatever persuades or attempts to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Penalty for harbouring deserters
208. If a person wilfully harbours or secrets a seaman or apprentice who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seaman or apprentice to have so done, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Penalty on stowaways and discipline of stowaways and seamen carried under compulsion
209. (1) If a person secrets himself and goes to sea in a ship without the consent of the master, or of the person in charge of the ship, he shall be punishable with imprisonment for a term which may extend to six months, and also be liable to fine, which may extend to five thousand Taka.
(2) Every person who goes to sea in a ship without such consent as aforesaid and every sea faring person whom the master of a ship is under this Ordinance or any other law compelled to take on board and convey, shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline and to the same fines and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and had signed the agreement as, the crew.
(3) The master of any Bangladesh ship arriving at any port or place in or outside Bangladesh and the master of any ship other than a Bangladesh ship arriving at any port or place in Bangladesh shall, if any person has gone to sea on that ship without the consent referred to in sub section (1), report the fact in writing to the Shipping Master or the Bangladesh Consular Officer as soon as may be after the arrival of the Ship.
Procedure where seaman or apprentice not shipped in Bangladesh is imprisoned on complaint of master or owner
210. (1) If any seaman or apprentice who is not shipped in Bangladesh is imprisoned on complain made by or on behalf of the master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a term not exceeding one month then-
(a) while such imprisonment lasts, no person shall, without the previous sanction in writing of the Government or of such officer as it may specify in this behalf, engage any citizen of Bangladesh to serve as substitute for such seaman on board such ship; and
(b) the Government or such officer as it may specify in this behalf may tender such seaman or apprentice to the master or owner of the ship in which he is engaged to serve, and may, if such master or owner, without
assigning reasons satisfactory to the Government or to such officer as aforesaid, refuses to receive on board the seaman or apprentice so tendered, require the master or owner to deposit in the local Shipping Office-
(i) the wages due to such seaman or apprentice and his money and effects; and
(ii) such sum as may, in the opinion of the Government or such officer as aforesaid, be sufficient to defray the cost of the passage of such seaman or apprentice to the port at which he was shipped according to the scale of costs usual in the case of distressed seamen.
(2) If any person wilfully disobeys the prohibition contained in clause (a) of sub section (1), he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand Taka, or with both.
(3) If any master or owner refuses or neglects to deposit any wages, money, effects or sum when so required under clause (b) of sub section (1), he shall be punishable with fine which may extend to five thousand Taka.
Power to send on board seaman or apprentice not shipped in Bangladesh who is undergoing imprisonment
211. If any seaman or apprentice who is not shipped in Bangladesh is imprisoned for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, and his services are required on board his ship during his imprisonment but before the expiration of the period of his engagement, any Magistrate may, on the application of the master or owner or his agent, notwithstanding that the period of his imprisonment has not terminated, cause the seaman or apprentice to be conveyed on board the ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent to be by them so conveyed.
Deserters from foreign ships
212. (1) Where it appears to the Government that due facilities are or will be given by the Government of any country outside Bangladesh for recovering and apprehending seamen or apprentices who desert from Bangladesh ships in that country, the Government may, by notification in the official Gazette, stating that such facilities are or will be given, declare that this section shall apply to seamen belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification.
(2) Where this section applies to seamen or apprentices belonging to ships of any country and a seaman or apprentice deserts from any such ship, when within Bangladesh, any Court that would have had cognizance of the matter if the seaman or apprentice had deserted from a Bangladesh ship shall, on the application of a Consular Officer of that country, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board his ship or delivered to the master or mate of his ship or to the owner of the ship or his agent to be so conveyed and any such warrant or order may be executed accordingly.
Power to make rules
213. 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.
Chapter 17
LITIGATION AGAINST SEAMAN
Place of trial of the offender
214A. Notwithstanding any provision contained in this Ordinance or of any other law for the time being in force, any seaman who contravenes any provision of any agreement signed by, or entered into by or with, him under any provision of this Ordinance or commits any offence relating to such agreement shall be tried for such contravention or offence in the place where the governing agreement was signed or entered into.
Definitions
214. (1) In this Chapter, unless there is anything repugnant in the subject or context,-
(a) “Court” means a Civil, Revenue or a Marine Court.
(b) “Proceeding” includes any suit, appeal or application; and
(c) “Shipping Master” means-
(i) in the case of a seaman, the Shipping Master for the port at which the serving seaman entered into or is believed to have entered into an agreement, or where there is no such agreement, for the port to which the serving seaman has returned or is expected to return on the completion of his last voyage; and
(ii) in the case of masters and apprentices referred to in section 222, the Shipping Master for the port at which the agreement with the crew of the ship was opened.
(2) For the purposes of this Chapter, a seaman shall be deemed to be a serving seaman during any period commencing the day on which he enters into an agreement and ending thirty days after the day on which he is finally discharged from such agreement.
(3) The Shipping Master or any Officer authorised by the Government in this behalf or a Police Officer not below the rank of Inspector of Police may report any offence against this Ordinance or any rule made thereunder to a Magistrate having local jurisdiction to try the offence and thereupon he shall take cognizance of the offence:
Provided that in the case of any offence relating to or arising out of any agreement entered into with any seaman, master or owner of the ship concerned or any other person duly authorised by him in that behalf, shall have the power to make a report under this sub section.
Particulars to be furnished in plaints, etc.
215. If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal.
Power of District Magistrate to intervene in case of unrepresented seaman
216. If any District Magistrate has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein or is a serving seaman, the District Magistrate may certify the facts in the prescribed manner to the Court.
Notice to be given in case of unrepresented seaman
217. (1) If a District Magistrate has certified under section 216 or if a Court has reason to believe that a seaman who is a party to any proceeding before the Court is unable to appear
therein or is a serving seaman, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master:
Provided that nothing in this sub section shall be deemed to require the Court to suspend the proceeding-
(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of pre emption, or
(b) if the interests of the seaman in the proceeding are, in the opinion of the Court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature.
(2) If it appears to the Court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master.
Postponement of proceedings
218. (1) If, on receipt of a notice under section 217, the Shipping Master certifies to the Court in the prescribed manner that the seaman is a serving seaman, the Court shall postpone the proceeding in respect of the seaman for the prescribed period or, if no period has been prescribed, for such period as it thinks fit:
Provided that if, by reason of the continued absence of the seaman, the question of any further postponement of the proceedings in respect of the seaman arises, the Court shall, in deciding the question, have regard to the purposes of this Chapter.
(2) If the Shipping Master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under section 217 to certify that the seaman is a serving seaman, the Court may, if it thinks fit, continue the proceeding.
Power to set aside decrees and orders passed against serving seaman
219. (1) Where in any proceeding before a Court a decree or order has been passed against any seaman while he was a serving seaman, the seaman or if he dies while he is a serving seaman, his legal representatives, may apply to the Court to have the decree or order set aside, and if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside, as against the seaman, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of section 215, award, subject to such conditions as may be prescribed, damages against such opposite party.
(2) The period of limitation for an application under sub section (1) shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the
Limitation Act, 1908 (IX of 1908), shall apply to such applications.
(3) Where the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made.
(4) Where a Court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.
Modification of law of limitation where seaman is a party
220. In computing the period of limitation provided in section 219 or in the
Limitation Act, 1908 (IX of 1908), or in any other law for the time being in force, for any suit, appeal or application to a Court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and, if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next of kin was first informed of his death by the Shipping Master or otherwise shall be excluded:
Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre emption except in such areas and in such circumstances as the Government may, by notification in the official Gazette specify in this behalf.
Reference in matters of doubt to shipping Masters
221. If any Court is in doubt whether, for the purposes of section 219 or section 220, a seaman is or was at any particular time or during any particular period a serving seaman, it may refer the question to the Shipping Master, and the certificate of the Shipping Master shall be conclusive evidence on the question.
Provisions of this Chapter to apply to masters and apprentices
222. The provisions of this Chapter shall apply to a master and an apprentice as they apply to a seaman, except that-
(a) a master shall be deemed to be a “serving seaman” during any period commencing the day on which he assumes command of the ship and ending thirty days after the date on which he finally relinquishes such command; and
(b) an apprentice shall be deemed to be a “serving seaman” during any period commencing the day on which he joins the ship and ending thirty days after the date on which he leaves such ship.
Power to make rules
223. (1) The Government, after consultation with the Supreme Court, may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
(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 manner and form in which any notice or certificate under this Chapter shall be given;
(b) the period for which proceedings or any class of proceedings shall be postponed under sub section (1) of section 218;
(c) the conditions subject to which damages may be awarded under sub-section (1) of section 219, and the amount of such damages; and
(d) any other matter which is to be or may be prescribed.
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.
