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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 11

DISCHARGE OF SEAMEN

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.

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