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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 16

DISCIPLINE OF SEAMEN AND APPRENTICES

General offences against discipline
200. If a seaman or an apprentice commits any of the following offences, in this Ordinance referred to as offences against discipline, he shall, notwithstanding anything in the Code of Criminal Procedure, 1898 (Act V of 1898), be liable to be tried in a summary way and to be punished as follows, namely:-
 
 
 
 
(i) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
 
 
 
 
(ii) if he is guilty of wilful disobedience to any lawful command, he shall be punishable with imprisonment for a term which may extend to two months, and shall also be liable to forfeit out of his wages a sum not exceeding seven day's pay;
 
 
 
 
(iii) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be punishable with imprisonment for a term which may extend to six months, and shall also be liable for every twenty four hours' continuance of such disobedience or neglect for a sum not exceeding twenty one days' pay or any expenses which may have been properly incurred in hiring a substitute;
 
 
 
 
(iv) if he assaults the master or any mate or engineer of the ship, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand Taka or with both;
 
 
 
 
(v) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage, he shall 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;
 
 
 
 
(vi) if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages, any of her stores or cargo, he shall he 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, and shall also be liable to forfeit out of his wages a sum equal to the loss thereby sustained;
 
 
(vii) if he is convicted of any act of smuggling whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.

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Ministry of Law, Justice and Parliamentary Affairs