Print View

[Section Index]

The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 17

LITIGATION AGAINST SEAMAN

Notice to be given in case of unrepresented seaman
217. (1) If a District Magistrate has certified under section 216 or if a Court has reason to believe that a seaman who is a party to any proceeding before the Court is unable to appear
 
 
 
 
therein or is a serving seaman, the Court shall suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master:
 
 
 
 
Provided that nothing in this sub section shall be deemed to require the Court to suspend the proceeding-
 
 
 
 
(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of pre emption, or
 
 
 
 
(b) if the interests of the seaman in the proceeding are, in the opinion of the Court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature.
 
 
 
 
(2) If it appears to the Court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall give notice thereof in the prescribed manner to the Shipping Master.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs