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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 10

ENGAGEMENT OF SEAMEN

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.

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Ministry of Law, Justice and Parliamentary Affairs