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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 35


Powers of Marine Board
431. (1) While holding an inquiry under this Chapter, a Marine Board may exercise all or any of the powers specified in sub section (3) of section 416, as may be necessary in the circumstances of the case.
(2) A Marine Board may, after inquiring into and hearing the case,-
(a) if it is of opinion that the safety of a Bangladesh ship or her cargo or crew, or the interest of the owner of a Bangladesh ship or the owner of the cargo thereof, requires it, remove the master and appoint another qualified person to act in his stead;
(b) if it is of opinion that any master, mate or engineer of a Bangladesh ship is incompetent or has been guilty of any act of misconduct, or in a case of collision has failed to render such assistance or give such information as is required by section 372, or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person, has been caused by the wrongful act or default of any master, mate or engineer of a Bangladesh ship, suspend the certificate of that master, mate or engineer for a specified period;
(c) discharge a seaman from a Bangladesh ship and order the wages of any seaman so discharged or any part of those wages to be forfeited;
(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings;
(e) direct that any or all of the costs incurred by the master or owner of a Bangladesh ship, or on the maintenance of a seaman or apprentice while in prison outside Bangladesh, shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether then or subsequently;
(f) if it considers such a step expedient, order a survey to be made of any Bangladesh ship which is the subject of inquiry;
(g) order the costs of proceedings before it, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or unjustified complaint to pay compensation for any loss or delay
caused thereby; and any costs or compensation so ordered to be paid by any person shall be paid by that person accordingly, and may be recovered in the same manner in which wages of seaman are recoverable, or may be deducted from the wages due to that person:
Provided that no such certificate shall be suspended unless the master, mate or engineer concerned has been furnished with a statement of the case in respect of which an inquiry has been ordered, and he has also been given an opportunity of making a defence either in person or otherwise.
(3) All orders made by a Marine Board shall, whenever practicable, be entered in the official log book of the ship which is the subject of inquiry, or of the ship on board whereof the casualty or occurrence of conduct inquired into took place, and be signed by the Presiding Officer of the Board.
(4) A Marine Board, shall, in the case of every inquiry under this Chapter, transmit to the Government a full report of the conclusions at which it has arrived, together with the evidence and any orders passed under this section.

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