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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 12


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.

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