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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 16

DISCIPLINE OF SEAMEN AND APPRENTICES

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 1[five years] and with fine, which may extend to 2[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 3[three years] and with fine, which may extend to 4[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.

  • 1
    The words “five years” were substituted for the words “two years” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).
  • 2
    The words “ten lakh taka” were substituted for the words “ten thousand taka” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).
  • 3
    The words “three years” were substituted for the words “one year” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).
  • 4
    The words “fifty thousand taka” were substituted for the words “two thousand taka” by section 4 of the Bangladesh Merchant Shipping (Amendment) Act, 2004 (Act No. VIII of 2004).
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