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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 16


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.

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