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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

An Ordinance to consolidate and amend the law relating to merchant shipping and to provide for matters connected therewith.

 
 
 
WHEREAS it is expedient to consolidate and amend the law relating to merchant shipping and to provide for matters connected therewith;
 
 
 
 
 
 
NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
 
 
 

Chapter 1

PRELIMINARY

Short title, commencement, extent and application
1. (1) This Ordinance may be called the Bangladesh Merchant Shipping Ordinance, 1983.
 
 
 
 
(2) This Chapter and Chapter 45 shall come into force at once and the other provisions shall come into force on such date as the Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different provisions.
 
 
 
 
(3) This Ordinance extends to the whole of Bangladesh.
 
 
 
 
(4) This Ordinance applies to-
 
 
 
 
(a) all Bangladesh ships wherever they may be, except inland ships as defined in the Inland Shipping Ordinance, 1976 (LXXII of 1976);
 
 
(b) all ships deemed to be registered under this Ordinance wherever they may be;
 
 
 
 
(c) all ships, not being Bangladesh ships, licensed under this Ordinance in coasting trade, while engaged in such trade; and
 
 
 
 
(d) all other ships while in a port or place in, or within the territorial waters of Bangladesh, but does not apply to-
 
 
 
 
(i) any ship of, or commissioned for service in, the Bangladesh Navy or, while employed otherwise than for profit in the service of Government, or
 
 
 
 
(ii) any ship belonging to any foreign Prince or State, while employed otherwise than for profit in the service of such Prince or State.
Definitions
2. In this Ordinance, unless there is anything repugnant in the subject or context,-
 
 
 
 
(1) “apprentice” means a boy appointed for training to the sea service, whether called an apprentice or a cadet, or by any other name;
 
 
 
 
(2) “Bangladesh Consular Officer” means a consul general, consul, vice-consul, pro consul or consular agent appointed by the Government as such and includes-
 
 
 
 
(a) any person authorised by the Government to perform the functions of any of them; and
 
 
 
 
(b) a Seamen's Welfare Officer performing the functions of a Bangladesh Consular Officer under Part IV;
 
 
 
 
1[(3) “Bangladesh ship” means a ship belonging to a statutory corporation or a ship acquired and owned by a foreign national or company and leased out to the Government or a citizen of Bangladeshi or a Bangladesh company under such an agreement that the ownership of the ship shall be transferred after a specified period of time to the Government or such citizen or company in accordance with the terms of the agreement or a ship owned wholly by persons each of whom is-
 
 
 
 
(a) a citizen of Bangladesh, or
 
 
(b) a company which fulfils the following conditions, namely:-
 
 
 
 
(i) the principal place of business of the company is in Bangladesh,
 
 
 
 
(ii) shares representing more than fifty per cent of the share capital of the company or shares carrying more than fifty per cent of the total voting power of the company are held by citizen of Bangladesh,
 
 
 
 
(iii) the majority of the directors of the company are citizens of Bangladesh,
 
 
 
 
(iv) either the Chairman or the Managing Director of the Board of Directors of the company is a citizen of Bangladesh.]
 
 
 
 
(4) “coasting ship” means a ship not exceeding one thousand five hundred tons gross which is exclusively employed in trading coastwise within ports or places in Bangladesh or between ports or places in Bangladesh and India not beyond Calcutta, or Burma not beyond Akyab, or between Akyab and Calcutta;
 
 
 
 
(5) “coasting trade” means the carriage by sea of passengers or goods between ports or places in Bangladesh or from any such port or place to a port or place in India not beyond Calcutta or to a port or place in Burma not beyond Akyab or between Akyab and Calcutta;
 
 
 
 
(6) “coasts” includes the coasts of creeks and tidal waters;
 
 
 
 
(7) “Collector of Customs” means a Collector of Customs appointed under the Customs Act, 1969 (IV of 1969), and includes any officer of customs authorised by him to perform any of his functions under this Ordinance;
 
 
 
 
(8) “Collision Regulations” means the regulations made under section 368;
 
 
 
 
(9) “company” has the same meaning as in section 2 of the Companies Act, 1913 (VII of 1913), and includes-
 
 
 
 
(a) a body corporate constituted or established by or under any law for the time being in force; and
 
 
(b) any partnership or association of persons, whether incorporated or not;
 
 
 
 
(10) “country to which the Load Line Convention applies” means-
 
 
 
 
(a) a country the Government of which has been declared or is deemed to have been declared under section 295 to have accepted the Load Line Convention and has not been likewise declared to have denounced that Convention; or
 
 
 
 
(b) a territory to which the Load Line Convention has been declared as aforesaid to extend, not being a territory to which that Convention has been declared likewise to have ceased to extend;
 
 
 
 
(11) “country to which the Safety Convention applies” means-
 
 
 
 
(a) a country the Government of which has been declared under section 295 to have accepted the Safety Convention and has not been likewise declared to have denounced that Convention; or
 
 
 
 
(b) a territory to which the Safety Convention has been declared as aforesaid to extend, not being a territory to which that Convention has been declared likewise to have ceased to extend;
 
 
 
 
(12) “crew” includes seamen and apprentices;
 
 
 
 
2[(12a) “desertion” means intentional or wilful forsaking and abandonment of ship by a seaman and particularly includes-
 
 
 
 
(i) failure to report to a ship by a seaman at the time of sailing from a port other than a port in his own country within the time he is required to do so by the master of the ship to which he is engaged;
 
 
(ii) failure to join a ship by a seaman at the time of sailing from a port in a foreign country before departure of the ship from that country where the seaman arrived by air or other means of transport for the purpose of joining that ship;
 
 
 
 
(iii) failure to depart a foreign country by a seaman within the time he is required to do so by the appropriate authority of that country, after signing off from the ship to which he had been engaged, for the purpose of returning home or proceeding elsewhere as directed by his employer:
 
 
 
 
Provided that when for any reason beyond his control, a seaman is subject to the circumstances as mentioned in paragraph (i), (ii) or (iii) above, will not be considered to have deserted, if he reports to the appropriate authority of the country or to local agent of the ship he had been engaged within 3 (three) days of his stipulated reporting time and voluntarily returns to his own country and reports to the shipping authority or joins the vessel as he is required by his employer.]
 
 
 
 
(13) “distressed seaman” means a seaman engaged under this Ordinance who, by reason of having been discharged or left behind from, or ship wrecked from any ship at any port or place outside Bangladesh, is in distress there;
 
 
 
 
(14) “effects” includes cloths and documents;
 
 
 
 
(15) “equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spares, masts, spars, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears, and appliances of all kinds, and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship;
 
 
 
 
(16) “fishing vessel” means a vessel, of whatever size and by whatever means propelled, which is exclusively engaged in sea fishing for profit;
 
 
(17) “foreign going ship” means a ship employed in trading between any port or place in Bangladesh and any other port or place outside Bangladesh, but does not include a coasting ship or a home trade ship;
 
 
 
 
(18) “freeboard” means, in relation to a decked vessel, the distance above the waterline measured vertically at the side of the vessel amid ships from the position of the upper edge of the uppermost continuous deck;
 
 
 
 
(19) “gross”, in relation to tonnage of a vessel, means the gross tonnage of the vessel as registered under this Ordinance:
 
 
 
 
Provided that where a vessel has been assigned alternative tonnages, “gross tonnage” shall mean the higher tonnage;
 
 
 
 
(20) “home trade ship” means a ship not exceeding three thousand tons gross which is employed in trading between ports or places in Bangladesh and India not beyond Vishakkhapatnam or between ports and places in Bangladesh and Burma not beyond Moulmein;
 
 
 
 
(21) “International Load Line Certificate” means a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a ship, and is for the time being in force;
 
 
 
 
(22) “Load Line Convention” means the International Convention respecting Load Lines, signed in London on the fifth day of April, 1966, and any Annex thereto as amended from time to time;
 
 
 
 
(23) “Marine Board” means a Board convened under section 428;
 
 
 
 
(24) “master”, in relation to a ship, includes any person having command or charge of the ship but does not include a pilot or harbour master;
 
 
 
 
(25) “net”, in relation to tonnage of a vessel, means the net tonnage of the vessel as registered under this Ordinance:
 
 
 
 
Provided that, where a vessel has been assigned alternative net tonnages, “net tonnage” shall mean the higher of those tonnages;
 
 
(26) “owner” means,-
 
 
 
 
(a) in relation to a registered ship, the person who is for the time being shown as owner in the Register Book maintained under this Ordinance;
 
 
 
 
(b) in relation to any other ship, the person to whom the ship or a share in the ship belongs; and
 
 
 
 
(c) in relation to a sailing vessel or a fishing vessel, the person to whom the vessel belongs;
 
 
 
 
(27) “passenger” means any person carried on board a ship except-
 
 
 
 
(a) a person employed or engaged in any capacity on board the ship on the business of the ship; or
 
 
 
 
(b) a person on board the ship either in pursuance of the obligation laid upon the master to carry ship wrecked, distressed or other persons, or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; or
 
 
 
 
(c) a child under one year of age;
 
 
 
 
(28) “passenger ship” means a ship carrying more than twelve passengers;
 
 
 
 
(29) “pilgrim” means a person, not being a member of the crew or a child under one year of age, going to or returning from the Hedjaz for or after performing Hajj, and includes any such person who is returning without having actually landed at the Hedjaz;
 
 
 
 
(30) “pilgrim ship” means a ship conveying or about to convey pilgrims from or to any port or place in Bangladesh to or from any port or place in the Red Sea or the Persian Gulf;
 
 
 
 
(31) “port of registry”, in relation to a ship or a sailing vessel or a fishing vessel, means the port at which she is registered or is to be registered;
 
 
 
 
(32) “power driven”, used in relation to a ship, means a ship propelled by electricity or other mechanical power;
 
 
(33) “prescribed” means prescribed by rules made under this Ordinance;
 
 
 
 
(34) “Principal Officer” means the person appointed as such under this Ordinance;
 
 
 
 
(35) “proper return port”, in relation to a master, seaman, or apprentice discharged or left behind, means the port at which the master, seaman or apprentice was engaged or the port agreed to as such by the master, seaman or apprentice, as the case may be;
 
 
 
 
(36) “Radio Inspector” means a person appointed as such under section 7;
 
 
 
 
(37) “radio installation” means radio telegraph or radio telephone equipment, direction finders, or other radio equipment required to be installed in ships in compliance with the requirements of Part VI or the rules made under section 308;
 
 
 
 
(38) “radio service” means hours of watch, transmission of messages, observance of silence periods, maintenance of radio log and everything necessary to be done for the proper operation of the radio installation, and includes any operator or watcher required to be carried on board in accordance with the rules made under section 308;
 
 
 
 
(39) “Registrar” means the person referred to as a Registrar of Bangladesh Ships in section 17, and includes a Deputy Registrar or an Assistant Registrar appointed as such under that section;
 
 
 
 
(40) “Safety Convention” means the International Convention for the Safety of Life at Sea, signed in London on the first day of November, 1974;
 
 
 
 
(41) “Safety Convention Certificates” means all or any of the certificates issued under Part VI, namely, the Passenger Ship Safety Certificate, the Qualified Passenger Ship Safety Certificate, the Cargo Ship Safety Construction Certificate, the Qualified Cargo Ship Safety Construction Certificate, the Cargo Ship Safety Equipment Certificate, the Cargo Ship Safety Radio telegraphy Certificate, the Qualified Cargo Ship Safety Radio telegraphy Certificate, the Cargo Ship Safety Radio telephony Certificate, or the Exemption Certificate;
 
 
(42) “sailing vessel” means any description of vessel-
 
 
 
 
(a) which is fitted exclusively with sails, or
 
 
 
 
(b) which is provided with sufficient sail area for navigation under sails alone and, if fitted with mechanical means of propulsion, such means are meant for auxiliary purposes only,
 
 
 
 
and includes a rowing boat or canoe, but does not include a pleasure craft;
 
 
 
 
(43) “salvage” includes all expenses properly incurred by the salver in the performance of salvage service;
 
 
 
 
(44) “sea going”, in relation to a vessel, means a vessel proceeding to sea beyond such limits as may be specified by the Government by notification in the official Gazette;
 
 
 
 
(45) “seaman” means a person employed or engaged for service in any capacity on board any ship, but does not include a master, pilot or apprentice;
 
 
 
 
(46) “second hand”, in relation to a fishing vessel, means the person next in authority to the skipper of the vessel;
 
 
 
 
(47) “ship” includes every description of vessel used in navigation not propelled by oars, but does not include a sailing vessel;
 
 
 
 
(48) “Shipping Authority” means the Director General of Shipping or any other officer authorised by the Government, by notification in the official Gazette, to perform the functions of the Shipping Authority under this Ordinance;
 
 
 
 
(49) “Shipping Master” means a person appointed as such under section 8 and includes a Deputy Shipping Master and an Assistant Shipping Master appointed under that section;
 
 
 
 
(50) “skipper” means the person in command or charge of a fishing vessel or a sailing vessel;
 
 
 
 
(51) “special trade” means the conveyance of special trade passengers by sea on international voyages within the area specified below:
 
 
 
 
- on the south bounded by the parallel of latitude 200S from the east coast of Africa to the west coast of Madagascar, thence the west and north coasts of Madagascar to longitude 500E, thence the meridian of longitude 500E to latitude 100S, thence the rhumb line to the point latitude 30S, longitude 750F, thence the rhumb line to the point latitude 110S to longitude 141003┬┤E;
 
 
 
 
- on the east bounded by the meridian of longitude 141003┬┤E, from latitude 110S to the south coast of New Guinea, thence the south, west and north coasts of New Guinea to the point longitude 141003┬┤E, thence the rhumb line from the north coast of New Guinea at the point 141003┬┤E to the point latitude 100N, at the north east coast of Mindanao, thence the west coasts of the Islands of Leyte, Samar and Luzon to the Port of Sual (Luzon Island), thence the rhumb line from the Port of Sual to Hong Kong;
 
 
 
 
on the north bounded by the south coast of Asia from Hong Kong to Suez;
 
 
 
 
on the west bounded by the east coast of Africa from Suez to the point latitude 200S.
 
 
 
 
(52) “special trade passenger” means a passenger carried in special trades in spaces on the weather deck, upper deck or between decks which accommodate more than 8 passengers;
 
 
 
 
(53) “special trade passenger ship” means a mechanically propelled passenger ship which carries more than 30 special trade passengers;
 
 
 
 
(54) “Surveyor” means a person appointed as such under section 6 and includes any other person authorised to perform the function of a Surveyor under this Ordinance;
 
 
(55) “tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, but does not include a harbour;
 
 
 
 
(56) “upper deck”, in ships with side openings, means the deck below the weather deck;
 
 
 
 
(57) “valid Safety Convention Certificate” means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship which is for the time being in force;
 
 
 
 
(58) “vessel” includes a ship, boat, sailing vessel, fishing vessel and every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
 
 
 
 
(59) “voyage”, in relation to a ship, means the whole distance between the ship's port or place of departure and her final port or place of arrival;
 
 
 
 
(60) “wages” includes emoluments;
 
 
 
 
(61) “weather deck” means the uppermost continuous deck fully or partially exposed to weather which may be wholly or partially used by passengers;
 
 
 
 
(62) “wreck” includes the following when found in the sea or in tidal water or on the shores thereof, namely:-
 
 
 
 
(a) goods which have been cast into the sea and then sink and remain under water,
 
 
 
 
(b) goods which have been cast or fall into the sea and remain floating on the surface,
 
 
 
 
(c) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again,
 
 
 
 
(d) goods which are thrown away or abandoned, and
 
 
 
 
(e) a vessel abandoned without hope or intention of recovery; and
 
 
 
 
(63) “young person” means a person under eighteen years of age.
 
 
(64) “Marine Court” means a Court constituted under sub-section (1) of section 47 of Inland Shipping Ordinance 1976.
Power to alter conditions relating to ownership of Bangladesh Ship
3. (1) The Government may, by notification in the official Gazette, alter the percentage of the share capital or of the voting power referred to in paragraph (ii) of sub clause (b) of clause (3) of section 2 from such date, not being earlier than the date of the notification, as may be specified therein.
 
 
 
 
(2) A notification under sub section (1) shall not apply to a ship which is registered or deemed to be registered under this Ordinance, or for the registration of which application has been made, before the date specified in the notification; nor shall the notification be construed as affecting any right, privilege, obligation or liability acquired, accrued or incurred before such date.
 
 

Chapter 2

GENERAL ADMINISTRATION

Department of Shipping
4. (1) The Government may, for efficient administration of this Ordinance, establish a Department of Shipping which shall be headed by a Director General of Shipping.
 
 
 
 
(2) Save as otherwise expressly provided in this Ordinance, the Principal Officers, the Deputy Principal Officers, Surveyors and other Officers appointed to perform any functions under this Ordinance, not being functions of judicial nature, shall, in the performance of their functions, be subject to the general supervision, direction and control of the Director General of Shipping.
 
 
 
 
(3) The Government may, by notification in the official Gazette, direct that the powers exercisable by it under any of the provisions of this Ordinance specified in the notification shall, subject to such conditions, if any, as may be so specified, be exercisable also by the Director General of Shipping.
 
 
 
 
(4) The Director General of Shipping may, by general or special order, direct that any of the powers and functions which he is empowered or authorised to exercise and perform under this Ordinance shall, subject to such conditions, if any, as he may deem fit to impose, be exercised and performed also by such officer or authority as may be specified in the order:
 
 
Provided that no such order shall be made without the previous approval of the Government if it relates to any of the powers of the Government which the Director General of Shipping has been authorised to exercise under sub-section (3).
Mercantile Marine Office
5. (1) The Government shall establish and maintain the Principal Mercantile Marine Office at the port of Chittagong and may establish and maintain a branch office of that office at any other port in Bangladesh as it may consider necessary for carrying out the purposes of this Ordinance.
 
 
 
 
(2) The Principal Mercantile Marine Office at the port of Chittagong shall be in the charge of a Principal Officer appointed by the Government and a branch office of that office at any other port shall be in the charge of a Deputy Principal Officer; and the Deputy Principal Officer may perform the functions of a Principal Officer under this Ordinance.
 
 
 
 
(3) A Principal Officer appointed under sub section (2) or an officer performing the functions of a Principal Officer may, without prejudice to his functions as such, perform all or any of the functions of a Surveyor under this Ordinance.
Surveyors
6. (1) The Government may, by notification in the official Gazette, appoint for the Principal Mercantile Marine Office and each of its branch offices as many persons as it may consider necessary to be Surveyors for the purposes of this Ordinance; and such Surveyors may be nautical Surveyors, ship Surveyors, an engineer and ship Surveyors.
 
 
 
 
(2) Where for the Principal Mercantile Marine Office or any of its branch offices no Surveyor has been appointed under sub section (1), the Government may authorise any person whom it considers qualified for the purpose to perform the functions of a Surveyor; and a person so authorised may perform all or any functions of a Surveyor under this Ordinance.
Radio Inspectors
7. The Government may appoint as many Radio Inspectors as it considers necessary so as to ensure that the requirements of this Ordinance and of the rules and regulations made thereunder relating to radio installation and radio service including radio-telegraph, radio-telephone and direction-finders, are complied with on board any ship.
Shipping Offices
8. (1) The Government shall maintain a Shipping Office at every port in Bangladesh where there was a Shipping Office immediately before the commencement of this Ordinance and may establish and maintain such office at any other port in Bangladesh.
 
 
 
 
(2) For every Shipping Office, the Government shall appoint a Shipping Master and may appoint such Deputy Shipping Masters and Assistant Shipping Masters as it may consider necessary.
 
 
 
 
(3) A Shipping Master, a Deputy Shipping Master and an Assistant Shipping Master shall, in the performance of their functions, be subject to the general supervision and control of the Government or of such other authority as the Government may, by general or special order, direct.
Conduct of business of Shipping office at other Office
9. (1) Where, at any port, there is no Shipping Office, the whole or any part of the business of a Shipping Office shall be conducted at such office and be committed to such officer at that office as the Government may direct; and thereupon such business shall be conducted accordingly.
 
 
 
 
(2) For the purposes of this Ordinance, an office at which the business of a Shipping Office is conducted under sub-section (1) shall be deemed to be a Shipping Office and the officer to whom such business is committed under that sub-section shall be deemed to be a Shipping Master.
 
 
 
 
(3) All acts done by or before a Deputy Shipping Master or an Assistant Shipping Master shall have the same effect as if done by or before a Shipping Master for the purposes of this Ordinance.
Functions of a Shipping Master
10. The functions of a Shipping Master shall be-
 
 
 
 
(a) to supervise and afford facilities for the engagement and discharge of seamen in the manner provided in this Ordinance and the rules and regulations made thereunder;
 
 
 
 
(b) to provide means for securing the presence on board at the proper time of the seamen who are so engaged;
 
 
(c) to facilitate the making of apprenticeships to sea services;
 
 
 
 
(d) to perform such other functions relating to seamen, apprentices and ships as are, by or under this Ordinance or by general or special order of the Government, assigned to a Shipping Master.
Fees for engagement or discharge of seamen
11. (1) In respect of all engagements and discharge of seamen, the owner or Master of a ship so engaging or discharging shall pay to the Shipping Master such fees as the Government may, by notification in the official Gazette, fix; and the Shipping Master may decline to act in any case until such fee has been paid.
 
 
 
 
(2) A copy of the scale of fees for the time being payable under sub-section (1) shall be affixed at some conspicuous place in the Shipping Office.
Seamen’s Welfare Officer
12. (1) The Government may, by notification in the official Gazette, constitute an advisory Board to be called the Seamen's Welfare Board, hereinafter referred to as the Board, for the purpose of advising the Government on the measures to be taken for promoting the welfare of seamen, whether ashore or on board ship, generally and in particular the following:-
 
 
 
 
(a) the provision for Seamen's Provident Fund;
 
 
 
 
(b) the establishment of hostels or boarding and lodging houses for seamen;
 
 
 
 
(c) the establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen;
 
 
 
 
(d) the establishment of hospitals for seamen or the provision of medical treatment for seamen;
 
 
 
 
(e) the provision of educational and other facilities for seamen.
 
 
 
 
(2) The Government may appoint Seamen's Welfare Officers at such ports or places in or outside Bangladesh as it may consider necessary.
 
 
(3) A Seamen's Welfare Officer appointed under sub-section (2) shall, under the general supervision and control of the Government or of such other authority as the Government may, by general or special order, direct, perform-
 
 
 
 
(a) at any port or place in Bangladesh, such functions in relation to welfare of seamen as may be assigned to him by the Government; and
 
 
 
 
(b) at ports or places, outside Bangladesh such function of a Bangladesh Consular Officer under Part IV as may be so assigned.
 
 
 
 
(4) The Government may make rules providing for-
 
 
 
 
(a) establishment of Seamen's Provident Fund;
 
 
 
 
(b) the composition of the Board and the term of office of members thereof;
 
 
 
 
(c) the procedure to be followed in the conduct of business by the Board;
 
 
 
 
(d) the travelling and other allowances payable to members of the Board;
 
 
 
 
(e) the levy of fees payable by owners of ships at such rates as may be prescribed (which may be at different rates for different classes of ships) for the purpose of providing amenities to seamen and for taking other measures for the welfare of seamen; and
 
 
 
 
(f) the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fee, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (e).
 
 
 
 

Chapter 3

REGISTRATION

Application
13. This Chapter shall apply to all sea going Bangladesh ships exceeding fifteen tons net and fitted with mechanical means of propulsion, but shall not apply to ships registered under any law for the time being in force for the registration of inland ships plying on inland water
Registration
14. (1) Every Bangladesh ship to which this Ordinance applies shall have to be registered under this Ordinance.
 
 
 
 
(2) A ship required to be registered under sub section (1)-
 
 
 
 
(a) shall not be recognised as a Bangladesh ship until she is so registered, and
 
 
 
 
(b) may be detained until the master, if so required, produces a Certificate of Registry in respect of the ship.
 
 
 
 
(3) A ship registered at any time before the commencement of this Ordinance at any port in Bangladesh under any law for the time being in force shall, for a period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Ordinance and be recognised as a Bangladesh ship and, if she is not registered under this Ordinance within such period, shall be liable to be forfeited to the Government.
 
 
 
 
(4) For the purpose of registration under this Ordinance of a ship referred to in sub section (3) within the period specified therein, the provisions of this Ordinance shall have effect as if sections 19, 21 and 22 were omitted.
Ports of registry
15. (1) The port of Chittagong, and such other ports in Bangladesh as the Government may, by notification in the official Gazette, specify in this behalf, shall be the ports of registry at which Bangladesh ships may be registered under this Ordinance.
 
 
 
 
(2) The port of registry at which a Bangladesh ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.
 
 
Registrar General
16. (1) The Director General of Shipping shall be the Registrar General of Bangladesh ships.
 
 
 
 
(2) At the port of Chittagong, the Principal Officer shall be the Registrar of Bangladesh ships and at any other port, such authority as the Government may, by notification in the official Gazette, appoint, shall be such Registrar.
 
 
(3) The Government may, by notification in the official Gazette, appoint as many Deputy Registrars or Assistant Registrars of Bangladesh ships at a port of registry as it may consider necessary.
Register Book
17. (1) For the registration of ships, every Registrar of Bangladesh Ships shall keep a book to be called the Register Book.
 
 
 
 
(2) The registration of a ship shall be subject to the following provisions relating to property in a ship and entries in a Register Book shall be made accordingly:-
 
 
 
 
3[* * *]
 
 
 
 
(b) subject to the provisions of this Ordinance with respect to joint owners or owners by transmission, not more than ten persons shall be entitled to be registered at the same time as owners of any one ship; but this clause shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner;
 
 
 
 
(c) a person shall not be entitled to be registered as the owner of a fractional part of a share in a ship but the number of persons not exceeding four may be registered as the joint owners of a ship or of any share or shares therein;
 
 
 
 
(d) joint owners shall be considered as constituting one person and shall not be entitled to dispose of in severally any interest in a ship or any share therein in respect of which they are registered;
 
 
 
 
(e) a company may be registered as the owner by its corporate name.
Application for registration
18. (1) An application for the registration of a Bangladesh ship shall be made by the owner thereof, or, if there be more owners than one, by some one or more of them or by one or more agents appointed for the purpose.
 
 
(2) The appointment of an agent under sub section (1) shall be in writing, if made by an individual, under his hand and, if made by a company, under its common seal.
Survey and measurement of ships before registration
19. (1) Every ship in respect of which an application for registration is made, shall, at the expense of the owner, be surveyed by a Surveyor or by any Surveyor of a Classification Society duly authorised by the Government and the tonnage of the ship ascertained in the prescribed manner.
 
 
 
 
(2) The Surveyor or the Classification Society so authorised shall grant to the owner a certificate in the prescribed form specifying the ship's tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed; and the owner shall deliver the certificate to the Registrar before registration.
Marking of ship
20. (1) Every ship in respect of which an application for registration is made, shall, before registration, be marked in the prescribed manner permanently and conspicuously and to the satisfaction of the Registrar.
 
 
 
 
(2) The marks required by this section shall be permanently continued and shall not be altered except in the event of any of the particulars thereby denoted being altered in the manner provided by this Ordinance, except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
 
 
 
 
(3) If an owner or master of a Bangladesh ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event mentioned in sub section (2), he shall, for each offence, be punishable with fine which may extend to twenty thousand Taka; and on a certificate from a Surveyor that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied.
Declaration of ownership on registration
21. (1) Subject to the other provisions of this Ordinance, a person shall not be registered as the owner of a Bangladesh ship or of a share therein unless he or, in the case of a company, the
 
 
person authorised in this behalf, has made and signed declaration of ownership in the prescribed form referring to the ship as described in the certificate of the Surveyor and containing the following particulars, namely:-
 
 
 
 
(a) a statement that the requirements as to ownership specified in clause (26) of section 2 are satisfied;
 
 
 
 
(b) a statement of the time when and the place where the ship was built or, if the ship was built outside Bangladesh and the time and place of building are not known, or the builder's certificate cannot be procured, a statement to that effect; and in addition thereto, in the case of a ship previously registered outside Bangladesh, a statement of the name by which she was so registered, or, in the case of a ship condemned, a statement of the time, place and Court at and by which she was condemned;
 
 
 
 
4[* * *]
 
 
 
 
(d) the name of her master and his citizenship;
 
 
 
 
(e) the number of shares in the ship in respect of which he or the company, as the case may be, claims to be registered as owner; and
 
 
 
 
(f) a declaration that the particulars stated are true to the best of his knowledge and belief.
 
 
 
 
(2) In respect of a ship or share owned by more than one person, a declaration under sub section (1) may be made by any one of them authorised by them in this behalf.
Evidence on first registration
22. (1) For the purpose of registration of a Bangladesh ship, the following evidence shall be produced by the applicant in addition to the declaration of ownership made under section 21, namely:-
 
 
 
 
(a) in the case of a ship built in Bangladesh, the builder's certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the
 
 
proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, on whose account the ship was built, and, if there has been any sale, the instrument of sale under which the ship or a share therein has become vested in the applicant;
 
 
 
 
(b) in the case of a ship built outside Bangladesh, the same evidence as in the case of a ship built in Bangladesh, or where the person making the declaration of ownership declares that the time and place of building are not known to him, or the builder's certificate cannot be procured, only the instrument of sale under which the ship or a share therein has become vested in the applicant; and
 
 
 
 
5[* * *]
 
 
 
 
(2) If the person granting a builder's certificate produced under sub section (1) makes a false statement therein, he, and in the case of a certificate granted outside Bangladesh, his agent or representative in Bangladesh, shall be punishable with fine which may extend to twenty thousand Taka.
Registration of ships
23. (1) As soon as the provisions of sections 21 and 22 have been complied with in respect of a Bangladesh ship, the Registrar shall register the ship by making entry of the following particulars in the Register Book, namely:-
 
 
 
 
(a) the name of the ship and the name of the port to which she belongs;
 
 
 
 
(b) the details contained in the Surveyor's certificate delivered under section 19;
 
 
 
 
(c) the particulars respecting her origin stated in the declaration of ownership made under section 21; and
 
 
 
 
(d) the name and description of her owner or owners, and, if there are more owners than one, the number of shares owned by each of them.
 
 
 
 
(2) The Registrar may refuse to register a Bangladesh ship by the name by which she is proposed to be registered if that
 
 
name is already borne by another ship, or if the name be so similar thereto as is calculated or likely to deceive, or is otherwise undesirable.
Documents to be retained by Registry
24. On the registration of a ship, the Registrar shall retain in his custody the following documents, namely:-
 
 
 
 
(a) The Surveyor's certificate delivered under section 19;
 
 
 
 
(b) all declarations of ownership made under section 21;
 
 
 
 
(c) the builder's certificate produced under section 22;
 
 
 
 
(d) any instrument of sale by which the ship was previously sold; and
 
 
 
 
(e) certified copy of the condemnation, if any.
Power of Government to inquire into title of ship to be registered as Bangladesh ship
25. (1) Where it appears to the Government that there is any doubt as to the title of any ship to be registered as a Bangladesh ship, it may direct the Registrar of her port of registry to require, by giving not less than thirty days' notice to the persons concerned, or such longer notice as the Government may fix, evidence to his satisfaction that the ship is entitled to be registered as a Bangladesh ship.
 
 
 
 
(2) If within the period referred to in sub section (1), evidence to the satisfaction of the Registrar that the ship is entitled to be registered as a Bangladesh ship is not given, the ship shall be liable to be forfeited to the Government.
Grant of certificate of registry
26. (1) On completion of the registration of a Bangladesh ship, the Registrar shall grant a Certificate of Registry in the prescribed form containing the particulars respecting the ship as entered in the Register Book and the name of her master.
 
 
 
 
(2) Every Registrar shall every year, not later than the 15th day of January and the 15th day of July, submit to the Registrar General a report in such form as the Government may direct, stating therein the particulars of all registries, cancellation of registry, transfers and any other relevant information in respect of the merchant ships registered by him during the six months preceding the month in which the report is required to be submitted.
Custody and use of Certificate
27. (1) The Certificate of Registry shall be used only for the lawful navigation of the ship, and it shall not be subject to
 
 
detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee, or other person to, on or in the ship.
 
 
 
 
(2) Every person, whether interested in the ship or not, who has in his possession or under his control the Certificate of Registry of a ship, shall deliver the Certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any Registrar, Collector of Customs or other person entitled by law to require such delivery.
 
 
 
 
(3) Any person refusing or failing to deliver a Certificate as required by sub section (2), may, by order, be summoned by any Magistrate of the first class to appear before him and to be examined touching such refusal or failure, and, unless it is proved to the satisfaction of such Magistrate that there was reasonable cause for such refusal or failure, such person shall be punishable with fine which may extend to twenty thousand Taka.
 
 
 
 
(4) If the person refusing or failing to deliver the Certificate as required by sub section (2) is proved to have absconded so that the order of such Magistrate cannot be served on him, or if he persists in not delivering the Certificate, the Magistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed or as near thereto as circumstances permit.
 
 
 
 
(5) If the master or owner uses or attempts to use for navigation a Certificate of Registry not lawfully granted in respect of a ship, he shall be punishable with fine which may extend to fifty thousand Taka, and the ship shall be liable to be forfeited to the Government.
Power to grant new Certificate when original Certificate is defaced, lost, etc.
28. (1) In the event of the Certificate of Registry of a ship being defaced or mutilated, the Registrar of her port of registry may, on delivery to him of that certificate, grant a new Certificate in lieu of her original Certificate.
 
 
 
 
(2) In the event of the Certificate of Registry of a ship being mislaid, lost or destroyed, or of the person entitled thereto being unable to obtain it from the custody of any other person, the Registrar of her port of registry shall grant a new Certificate in lieu of her original Certificate.
 
 
(3) If the port at which the ship happens to be at the time of the event referred to in sub section (2), or if the port at which she first arrives after such event is situated outside Bangladesh, the master or some other person having knowledge of the facts of the case shall make a declaration to the nearest available Bangladesh Consular Officer stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief, and such Consular Officer shall thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted.
 
 
 
 
(4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon grant a new Certificate of Registry.
 
 
 
 
(5) If the Certificate of Registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the Certificate obtains it at any time afterwards, the said Certificate shall forthwith be delivered to the Registrar of her port of registry, who shall cancel the same.
 
 
 
 
(6) If a master without reasonable cause fails to comply with the provisions of sub section (4), he shall be punishable with fine which may extend to ten thousand Taka.
 
 
 
 
(7) If a person makes illegal use of a Certificate of Registry stated to have been mislaid, lost or destroyed, or if a person entitled to a Certificate of Registry obtains it at any time afterwards but fails to deliver the same to the Registrar as required by sub section (5), he shall be punishable with fine which may extend to thirty thousand Taka.
Endorsement of change of master on Certificate of Registry
29. (1) Whenever there is a change of the master of a Bangladesh ship, a memorandum of the change shall be endorsed and signed on the Certificate of Registry,-
 
 
 
 
(i) where it occurs at a port in Bangladesh, by the Registrar at such port or any other officer authorised in this behalf by the Government by notification in the official Gazette, and
 
 
 
 
(ii) where it occurs at a port outside Bangladesh, by the Bangladesh Consular Officer at that port.
 
 
 
 
(2) The Collector of Customs at any port in Bangladesh may refuse to permit any person to do there any act as the master of a Bangladesh ship unless his name is inserted in or endorsed on her Certificate of Registry as her last appointed master.
Endorsement on Certificate of change of ownership
30. (1) Whenever a change occurs in the registered ownership of a Bangladesh ship, the change shall be endorsed on her Certificate of Registry either by the Registrar of the ship's port of registry, or by the Registrar of any port at which the ship arrives if he has been advised of the change by the former.
 
 
 
 
(2) For the purpose of a change in the registered ownership of a Bangladesh ship being endorsed under sub section (1) by the Registrar of her port of registry, the master of ship shall deliver the Certificate of Registry to the Registrar, if the change occurs when the ship is at her port of registry, forthwith after the change, and, if it occurs during her absence from that port and the endorsement is not made before her return, upon her first return thereto.
 
 
 
 
(3) The Registrar of any port, not being the port of registry of the ship in respect of which he is required to make an endorsement under sub section (1), may, for that purpose, require the master of the ship to deliver to him her Certificate of Registry, and the master shall deliver the same accordingly.
 
 
 
 
(4) If the master of a ship fails to deliver to the Registrar the Certificate of Registry as required by sub section (2) or sub section (3), he shall be punishable with fine which may extend to fifty thousand Taka.
Delivery of Certificate of ship lost or ceasing to be a Bangladesh ship
31. (1) In the event of a Bangladesh ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing for any reason to be such ship, the owner, or if there are more owners than one, everyone of them, shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the Registrar at her port of registry, give notice thereof to the Registrar who shall make an entry to that effect in the Register Book, and the entries in that Book relating to the ship shall be considered as closed except so far as they relate to any unsatisfied mortgage entered therein.
 
 
 
 
(2) On the occurrence of any such event as is referred to in sub section (1), the master of the ship shall, unless her Certificate of Registry is mislaid, lost or destroyed, deliver the same-
 
 
 
 
(a) to the Registrar, or to any other officer authorised in this behalf by the Government, by notification in the official Gazette,-
 
 
 
 
(i) if the event occurs in any port in Bangladesh, immediately on the occurrence of the event;
 
 
 
 
(ii) if it occurs elsewhere and the master arrives in any port in Bangladesh, within ten days of his arrival, or
 
 
 
 
(b) to the Bangladesh Consular Officer, if the event occurs elsewhere and the master arrives in a port outside Bangladesh, soon after his arrival in such port.
 
 
 
 
(3) The Registrar, if he is not himself the Registrar of the ship's port of registry, or the officer authorised under sub section (2), or the Bangladesh Consular Officer, as the case may be, shall, as soon as may be after the Certificate has been delivered to him, forward the same to the Registrar of the ship's port of registry.
 
 
 
 
(4) If an owner or a master fails to comply with any of the provisions of sub-section (1) or sub section (2), as the case may be, he shall be punishable with fine which may extend to twenty thousand Taka.
Provisional Certificate for ships becoming Bangladesh ships abroad
32. (1) If at any port outside Bangladesh a ship becomes entitled to be registered as a Bangladesh ship, the Bangladesh Consular Officer may, upon receipt of specific instructions from the Registrar General, grant to the master of the ship a provisional Certificate of Registry in such form as may be prescribed by the Government and shall forthwith forward a copy thereof to the Registrar General.
 
 
 
 
(2) A provisional Certificate granted under sub section (1) shall have the effect of a Certificate of Registry until the expiration of six months from its date, or until the arrival of the ship at a port where there is a Registrar, whichever first happens.
Temporary pass in lieu of Certificate of Registry
33. Where it appears to the Government that by reason of special circumstances it is desirable that permission should be granted to any Bangladesh ship to pass from one port in Bangladesh to another such port without being previously registered, the Government may authorise the Registrar of the first mentioned port to grant a pass in such form as may be prescribed, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a Certificate of Registry.
Restriction on conversion of ship
6[34. (1) No Bangladesh ship shall, except with prior permission in writing from the Director-General of shipping, be converted, modified or altered in such manner so as to change the character of the ship.
 
 
 
 
(2) Whoever contravenes or attempts to contravene the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to taka ten lakh, or with both.]
Transfer of registry of Bangladesh ships.
35. (1) The registry of a Bangladesh ship may be transferred from one port of registry in Bangladesh to another on an application in writing being made by all persons appearing in the Register Book to be interested therein as owners or mortgagees to the Registrar of her existing port of registry.
 
 
 
 
(2) On receipt of an application under sub section (1) in respect of a ship, the Registrar shall transmit a notice thereof to the Registrar of the intended port of registry with a copy of all particulars relating to the ship and names of all persons appearing in the Register Book to be interested therein as owners or mortgagees, and also give notice of such transmission to the applicant.
 
 
 
 
(3) The Certificate of Registry of a ship in respect of which an application under sub section (1) has been made, shall be delivered to the Registrar either of the existing port of registry or to the Registrar of the intended port of registry, and, if delivered to the former, shall be transmitted to the latter.
 
 
(4) On receipt of the documents transmitted under sub section (2), the Registrar of the intended port of registry shall enter in his Register Book all the particulars and names transmitted as aforesaid, and grant a fresh Certificate of Registry, and thereupon the port at which the fresh Certificate of Registry is granted at the ship's port of registry and the name of that port shall be substituted on the ship's stern for the name of her former port of registry.
 
 
 
 
(5) The Registrar granting a fresh Certificate of Registry under sub section (4) shall give notice thereof, and forward the Certificate of Registry granted at the ship's former port of registry, to the Registrar of such port who shall make the necessary entry in his Register Book.
 
 
 
 
(6) The transfer under this section of the registry of a ship from one port in Bangladesh to another shall not affect in anyway the rights of any of the persons interested therein as owners or mortgagees.
 
 
 
 
(7) The registry of a Bangladesh ship shall not be transferred to any port outside Bangladesh except with the previous permission in writing of the Government, and no action shall be taken by the Registrar on any application for such transfer unless it is accompanied by such permission.
Mode of transfer of ships, etc.
36. (1) A Bangladesh ship or a share therein shall not be transferred except by an instrument executed by the transferor, the execution being in the presence of, and attested by, at least two witnesses.
 
 
 
 
(2) An instrument of transfer shall be in the prescribed form or in a form as near thereto as circumstances permit and shall contain the description of the ship as contained in the Surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the Registrar.
 
 
 
 
(3) An instrument of transfer when duly executed shall be produced to the Registrar of the ship's port of registry, and the Registrar, if he is satisfied that the description therein is sufficient to identify the ship, shall enter in the Registry Book the name of the transferee as owner of the ship or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof.
 
 
(4) Every entry of transfer under this section shall be made in the Register Book in the order in which the instrument of transfer is produced to the Registrar.
Transmission of property in Bangladesh ship on death, insolvency, etc.
37. (1) Where the property in a Bangladesh ship or a share therein is transmitted to a person on the death or insolvency of any owner thereof, or by any lawful means other than by a transfer under this Ordinance, that person shall authenticate the transmission by making and signing a Declaration of Transmission in the prescribed form.
 
 
 
 
(2) A Declaration of Transmission shall be submitted to the Registrar of the ship's port of registry accompanied,-
 
 
 
 
(a) if the transmission is in consequence of death, by a succession certificate, probate or letters of administration under the Succession Act, 1925 (XXXIX of 1925), or a certified copy thereof, and
 
 
 
 
(b) if the transmission is in consequence of insolvency, by proper proof of such transmission.
 
 
 
 
(3) On receipt of the Declaration of Transmission submitted under sub-section (2), the Registrar shall enter in the Register Book the name of the person entitled under the transmission as owner of the ship or share in the property which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but all such persons shall, for the purposes of the provisions of this Ordinance with respect to the number of persons claiming to be registered as owners, be considered as one person:
 
 
 
 
Provided that nothing in this sub section shall require the Registrar to make an entry in the Register Book under this section if he is of the opinion that by reason of the transmission the ship has ceased to be a Bangladesh ship.
Order for sale where ship has ceased to be a Bangladesh ship
38. (1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be a Bangladesh ship, the Registrar of her port of registry shall submit a report to the Government setting out the circumstances in which the ship has ceased to be a Bangladesh ship.
 
 
 
 
(2) On receipt of a report under sub section (1), the Government may make an application to the High Court Division for a direction for the sale to any citizen of Bangladesh, or to any company which fulfils the conditions set out in sub clause (b) of clause (3) of section 2, of the property so transmitted.
 
 
 
 
(3) The High Court Division may require such evidence in support of the application as it considers necessary and may make such order thereon subject to such terms and conditions, if any, as it thinks just, or may reject the application in any case it finds that the ship has not ceased to be a Bangladesh ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise.
 
 
 
 
(4) An application under sub section (2) shall be made within such time as may be prescribed:
 
 
 
 
Provided that the High Court Division may admit an application after the prescribed time if it is satisfied that the Government had sufficient cause for not making the application within such time.
Transfer of ship on sale by order of Court.
39. Where any Court, whether under section 38 or otherwise, orders the sale of any ship or share therein, the order of the Court shall contain a declaration vesting in some person named by the Court the right to transfer that ship or share, and thereupon the person so named shall be entitled to transfer the ship or share in the same manner and to the same extent as if he were the owner thereof, and shall, subject to the other provisions of this Ordinance, be deemed, in respect of the transfer of the ship or share, the owner thereof.
Mortgage of ship or share, etc.
40. (1) 7[A registered ship] or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (hereinafter called a mortgage) shall be in the prescribed form, or in a form as near thereto as circumstances permit.
 
 
 
 
(2) Every instrument creating a mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and every mortgage so registered shall be called a registered mortgage.
 
 
 
 
(3) The Registrar shall record the mortgages in the Register Book in the order in which they are produced to him for the purpose and shall under his hand endorse on each instrument creating a mortgage the fact that the mortgage has been recorded by him stating the day and hour thereof.
 
 
 
 
(4) If there are more mortgages than one recorded in respect of the same ship or share, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the Register Book, and not according to the date of each mortgage itself.
Entry of discharge of mortgage.
41. Where a registered mortgage of a ship or share is discharged, the Registrar shall, on the production of the instrument creating the mortgage with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the Register Book to the effect that the mortgage has been discharged, and on that entry being made, the interest in the ship or share, if any, which passed to the mortgagee shall vest in the person in whom, having regard to intervening acts and circumstances, if any, it would have vested if the mortgage had not been created.
Mortgagee not deemed to be owner
42. Except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of the mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be the owner thereof.
Rights of mortgagee
 
 
 
 
43. (1) A mortgagee under a registered mortgage shall be entitled to recover the amount due under the mortgage by appropriate proceeding in the High Court Division, and when passing a decree, or thereafter, the High Court Division may direct that the mortgaged ship or share be sold in execution of the decree.
 
 
(2) Subject to the provisions of sub-section (1), no mortgagee shall merely by virtue of the mortgage, be entitled to sell or otherwise dispose of the mortgaged ship or share.
Mortgage not affected by insolvency
44. A registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date the mortgage has been recorded by the Registrar, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.
Transfer of mortgage
45. (1) 8[A registered mortgage] of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in the prescribed form, or in a form as near thereto as circumstances permit.
 
 
 
 
(2) Every instrument transferring a registered mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and the Registrar shall record the transfer by entering in the Register Book the name of the transferee as mortgagee of the ship or share and shall under his hand endorse on the instrument of transfer that it has been recorded by him stating the day and hour thereof.
 
 
 
 
(3) The transferee of a registered mortgage whose name is entered under sub section (2) as a mortgagee shall have the same right of preference as that of the transferor.
Transmission of interest in mortgage in certain circumstances
46. Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than by a transfer under this Ordinance, the transmission shall be authenticated by a Declaration of Transmission in the prescribed form, and the provisions of section 37 shall, so far as may be, apply to such transmission.
Name of Bangladesh ship not to be changed, etc.
47. (1) A Bangladesh ship registered under this Ordinance shall not be described by any name other than that by which she is for the time being so registered, nor shall a change be made in her name except in the prescribed manner.
 
 
 
 
(2) If any person acts or suffers any person under his control to act in contravention of any of the provisions of sub section (1), he shall be punishable with fine which may extend to fifty thousand Taka and the ship in respect of which any such provision has been contravened may be detained until such provision is complied with.
Registry of alterations
48. (1) When a ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the Register Book, then, if the alteration is made at any port having a Registrar, that Registrar, or if it is made elsewhere, the Registrar of the first port having a Registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew and every such application shall be made, unless the Registrar considering the circumstances of each case allows a longer period within three days after the alteration or, as the case may be, the arrival.
 
 
 
 
(2) For the purpose of registry of an alteration in a ship, the ship's Certificate of Registry shall be produced to the Registrar, and the Registrar shall, in his discretion, either retain the Certificate and grant a new Certificate of Registry containing a description of the ship as altered, or endorse and sign on the existing Certificate a memorandum of the alteration.
 
 
 
 
(3) The particulars of the alteration as made, and the fact of the new Certificate of Registry having been granted, or endorsement having been made, shall be entered by the Registrar of the ship's port of registry in his Register Book, and for that purpose the Registrar to whom the application for the registry of the alteration has been made, if he is not himself the Registrar of the ship's port of registry, shall forthwith report to the last mentioned Registrar the particulars and facts as aforesaid, accompanied, where a Certificate of Registry has been granted, by the old Certificate of Registry.
 
 
 
 
(4) If an owner fails to make an application under sub section (1) for registering anew a ship or for registering an alteration of a ship, he shall be punishable with fine which may extend to fifty thousand Taka and with a further fine which may extend to one thousand Taka for everyday after the first during which the failure continues.
Provisional Certificate and endorsement where ship is to be registered anew
49. (1) Where any Registrar, not being the Registrar of the ship's port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional Certificate of Registry describing the ship as altered or provisionally endorse the particulars of the alteration on the existing Certificate of Registry.
 
 
 
 
(2) Every provisional Certificate of Registry granted, and every Certificate provisionally endorsed, under sub section (1), shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon cause the ship to be registered anew.
 
 
 
 
(3) The Registrar who grants provisional Certificate of Registry or provisionally endorses a Certificate under sub section (1), shall add to the Certificate or endorsement a statement that the same is provisional and shall send a report of the particulars of the case to the Registrar of ship's port of registry, containing a similar statement as the Certificate or endorsement.
Procedure for registration anew
50. (1) Where a ship is to be registered anew, the Registrar shall proceed as in the case of first registration, and, on the delivery to him of the existing Certificate of Registry and on compliance with the other requirements for registration, shall register the ship anew, and grant a new Certificate of Registry.
 
 
 
 
(2) When a ship is registered anew, the entries in the Register Book relating to her previous registration shall be considered as closed except so far as they relate to any unsatisfied mortgage, but the names of all persons appearing in those entries to be interested in the ship as owners or mortgagees shall be entered anew; and the registration anew shall not in any way affect the rights of any of those persons.
Restriction on re-registration of abandoned ships
51. Where the registration of a Bangladesh ship is considered as closed under section 31 for any reason other than capture by the enemy, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a Surveyor and certified by him to be seaworthy
 
 
 
 
 
 

Chapter 4

NATIONAL CHARACTER

National colours for ships
52. (1) The Government may, by notification in the official Gazette, declare what shall be the proper national colours for Bangladesh ships, and distinctive colours may be declared for different classes of ships.
 
 
 
 
(2) If any distinctive colours other than those declared under sub section (1) are hoisted on board any Bangladesh ship, the owner of the ship, unless he proves that they were hoisted without his knowledge or consent, the master of the ship and every person hoisting such colours shall be punishable with fine which may extend to fifty thousand Taka; and any commissioned officer of the Bangladesh Navy, any Principal Officer, any Collector of Customs or any Bangladesh Consular Officer, may board any ship on which such colours are hoisted, and seize and take away the colours which shall be forfeited to the Government.
Unlawful assumption or concealment of Bangladesh character, etc.
53. (1) No person on board a ship which is not a Bangladesh ship shall use any of the national colours declared under sub section (1) of section 52 unless such use is made, the burden of proving which shall lie on him, for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
 
 
 
 
(2) Except for the purpose aforesaid, no owner or master of a Bangladesh ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Bangladesh character of the ship from, or to deceive, any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the ship.
 
 
 
 
(3) Whoever contravenes any of the provisions of this section shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to eighty thousand Taka, or with both.
Bangladesh ships to hoist proper national colours in certain cases
54. (1) A Bangladesh ship shall hoist the proper national colours-
 
 
 
 
(a) on a signal being made to her by any vessel of the Bangladesh Navy;
 
 
 
 
 
 
(b) on entering or leaving any foreign port; and
 
 
 
 
(c) if of fifty tons net or more, on entering or leaving any Bangladesh port.
 
 
 
 
(2) The master of a ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to ten thousand Taka.
National character of ships to be declared before clearance
55. (1) A Collector of Customs shall not grant a port clearance for any ship until the master of the ship has declared to him the name of the country to which the master claims that the ship belongs, and the Collector of Customs shall upon such declaration inscribe the name on the port clearance.
 
 
 
 
(2) If a ship attempts to proceed to sea without port-clearance, she may be detained until the declaration required by sub section (1) is made.
 
 

Chapter 5

MISCELLANEOUS

Liabilities of ships not registered as Bangladesh ships
56. A Bangladesh ship which under the provisions of this Ordinance is not registered as such shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Bangladesh ships or to use the proper national colours for Bangladesh ships or to assume the Bangladesh national character, but so far as regards the payment of dues, the liability of fine and forfeiture and the punishment of offence committed by any person belonging to, or on board, such ship, such ship shall be dealt with in the same manner in all respects as if she were a registered Bangladesh ship.
Proceedings on forfeiture of ship
57. Where any ship has either wholly or as to any share therein become subject to forfeiture under this Ordinance, any commissioned officer of the Bangladesh Navy, any Principal Officer, any Collector of Customs, or any Bangladesh Consular Officer, or any other officer authorised by the Government, by notification in the official Gazette, may seize and detain the ship, and bring her in for adjudication before the High Court Division, and the High Court Division may thereupon adjudge the ship with her equipment to be forfeited to Government and make such order in the case as to the High Court Division seems just.
Notice of trust not received
58. No notice of any trust in respect of a ship or a share therein, express, implied or constructive, shall be entered in the Register Book or be receivable by the Registrar, and, subject to any rights and powers appearing from the Register Book to be vested in any other person, the person registered as the owner of the ship or of the share shall have power to dispose of the ship or share in the manner provided in this Ordinance and to give effectual receipts for any money paid or advanced by way of consideration.
Liability of owners
59. Where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the person registered as owner, be subject to all the pecuniary penalties which may be imposed under this Ordinance or any other law for the time being in force on the owners of ships or shares therein; and proceedings for the enforcement of any such penalties may be taken against both or either of them.
Inspection of Register Book and admissibility of certain documents in evidence
60. (1) On application to the Registrar and on payment of the prescribed fee, any person may, at any time during office hours, inspect any Register Book, and may obtain a certified copy of any entry therein:
 
 
 
 
Provided that no Register Book shall be inspected by, nor shall a certified copy of any entry therein be given to, any person unless he furnishes to the Registrar, along with the application, consent in writing from the owner of the ship to such inspection being allowed or such copy being given.
 
 
 
 
(2) The following documents shall be admissible in evidence in any Court, namely:
 
 
 
 
(a) any Register Book on its production from the custody of the Registrar, or other person having the lawful custody thereof;
 
 
 
 
(b) a Certificate of Registry under this Ordinance purporting to be signed by the Registrar, or any other officer authorised in this behalf;
 
 
 
 
(c) an endorsement on a Certificate of Registry purporting to be signed by the Registrar, or any other officer authorised in this behalf;
 
 
 
 
(d) every declaration made under this Ordinance in respect of a Bangladesh ship.
Power to register Government ships
61. The Government may, by notification in the official Gazette, direct that, subject to such conditions and exceptions as may be specified therein, ships belonging to the Government, not being ships of or commissioned for service in the Bangladesh Navy, shall be registered under this Ordinance, and thereupon this Ordinance shall, subject to those conditions and exceptions, apply to such ships.
Special powers for Magistrates
62. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), any Magistrate of the first class specially empowered by the Government in this behalf may pass a sentence of fine exceeding five thousand Taka for an offence under this Ordinance.
Power to make rules
63. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement;
 
 
 
 
(b) the recognition for the purpose of ascertaining the tonnage of any ship, or for any other purpose, of any tonnage certificate granted in respect of any ship in any other
 
 
country, not being a country with which Bangladesh has entered into an agreement in this behalf, including the conditions and restrictions subject to which such recognition may be granted;
 
 
 
 
(c) the manner in which surveys of ships shall be conducted and the form of certificate to be issued by a Surveyor;
 
 
 
 
(d) the manner in which ships shall be marked;
 
 
 
 
(e) the form in which any document or instrument required by or under this Part to be prepared or executed shall be prepared or executed, as the case may be, and the Particulars which it should contain;
 
 
 
 
(f) the persons by whom and the authorities before which any declaration required by this Part shall be made, and the circumstances in which any such declaration may be waived and other evidence accepted;
 
 
 
 
(g) the returns that shall be made by Registrars to the Registrar General or to such other authority as the Government may appoint, and the form in which, and the intervals at which, such returns shall be made;
 
 
 
 
(h) the procedure for the registration, marking, naming or alteration of the names of Bangladesh ships;
 
 
 
 
(i) the fees to be levied, and the actual expenses, if any, incurred by Government in the performance of its functions, under this Part, and the manner in which such fees and expenses shall be collected or recovered;
 
 
 
 
(j) the manner in which Registrars and other authorities may exercise their powers under this Part or maintain the Register Book and other books and registers;
 
 
 
 
(k) the manner in which ships belonging to Government, to which the pro¬visions of this Part may be made applicable under section 61, may be registered;
 
 
 
 
(l) any other matter which may be necessary for carrying out the purposes of this Part.
 
 
 
 

Chapter 6

LICENSING OF CERTAIN SHIPS

Application
64. This Part applies only to such power driven sea going ships as are of not less than one hundred and fifty tons gross or of such other tonnage as the Government may, by notification in the official Gazette, fix.
Restriction on chartering of ships
65. (1) No citizen of Bangladesh, nor any company, officer or other authority, shall charter any ship, whether a Bangladesh ship or not, or, being the owner of any Bangladesh ship, or the agent of such owner, give or offer to give on charter any such ship to any person, except with the previous permission in writing of the Director General of Shipping and such permission, if granted, may be subject to such conditions as the Director General of Shipping may think fit to impose.
 
 
 
 
(2) Whoever contravenes or attempts to contravene the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Taka fifteen thousand or with both; and any transaction made in contravention of any such provision shall be void.
Licences for taking ships to sea
66. (1) No Bangladesh ship, and no ship chartered by a citizen of Bangladesh or by a company, officer or other authority shall be taken to sea from a port or place within or outside Bangladesh except under a licence granted in this behalf by the Shipping Authority.
 
 
 
 
(2) A licence granted under sub section (1) may, in the discretion of the Shipping Authority, be-
 
 
 
 
(a) a general licence; or
 
 
 
 
(b) a licence for a specified period or a specified voyage.
 
 
 
 
(3) Subject to the provisions of section 68, a general licence shall remain valid until it is revoked or cancelled, and a licence for a specified period or a specified voyage shall be valid only for the period or voyage for which it is granted.
 
 
 
 
(4) A licence granted under sub section (1) may contain such limitations and conditions as the Shipping Authority may think fit to impose, with respect to the trades in which the ship may engage and the voyage which it may undertake, and such limitations and conditions may be imposed so as to apply to the ship wherever it may be, or while in such waters, or engaged in such trades, or on such voyages, as may be specified.
 
 
 
 
(5) Whoever contravenes the provisions of sub section (1) shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.
Licences for coasting trade
67. (1) No ship, not being a Bangladesh ship or a ship chartered by a citizen of Bangladesh, or by a company, officer or other authority, shall be engaged in coasting trade except under a licence granted in this behalf by the Shipping Authority.
 
 
 
 
(2) A licence granted under sub section (1) may be for the whole or any part of the coasting trade and subject to such conditions as may be specified therein.
 
 
 
 
(3) Subject to the provisions of section 68, a licence granted under sub-section (1) shall remain valid until it is revoked or cancelled.
 
 
 
 
(4) Whoever contravenes the provisions of sub section (1) shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.
Revocation, etc. of licences
68. (1) Any licence granted under section 66 or section 67 may be modified, suspended, revoked or cancelled by the Authority granting it, but no such licence shall be revoked or cancelled unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or cancellation.
 
 
(2) Where a licence granted under section 66 or section 67 is revoked or cancelled or otherwise ceases to be valid, the person to whom it was granted shall, within sixty days after such revocation, cancellation or cessation, return it or cause it to be returned to the Authority granting it.
 
 
 
 
(3) Whoever contravenes the provisions of sub section (2) shall be punishable with fine which may extend to two thousand Taka.
No port clearance until licence is produced
69. (1) A Collector of Customs shall not grant port clearance to a ship required to take a licence under this Part until the owner or master thereof has produced the requisite licence and a certificate from the Shipping Authority to the effect that the conditions of the licence have been duly fulfilled.
 
 
 
 
(2) If a ship attempts to proceed to sea without port clearance, she may be detained until the licence and certificate are produced as required by sub section (1).
Restriction on the use of certain ships, etc.
70. (1) No ship, other than a Bangladesh ship, shall, except with the previous permission in writing of the Shipping Authority, be engaged or used in lighterage of foodgrains and other cargo or transhipment of any cargo other than foodgrains at any point within the territorial waters of Bangladesh for carriage to any destination within Bangladesh.
 
 
 
 
(2) No foreign ship shall, except with the previous permission in writing of the Shipping Authority, use, for the purpose of loading and unloading of bulk cargo within the territorial waters of Bangladesh, any device or equipment which is not permanently attached to the ship.
 
 
 
 
(3) Whoever contravenes the provisions of sub section (1) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.
Power to give directions
71. (1) The Shipping Authority may, if it is satisfied that it is necessary or expedient in the public interest or in the interest of shipping in general so to do, and shall, where so directed by
 
 
the Government, by order in writing, give,-
 
 
 
 
(a) in the case of a ship which has been granted a licence under section 66, directions with respect to all or any of the following matters, namely:-
 
 
 
 
(i) the ports or places, whether in or outside Bangladesh, to which, and the routes by which, ship shall proceed for any particular purpose;
 
 
 
 
(ii) the diversion of the ship from one route to another for any particular purpose;
 
 
 
 
(iii) the dates, if any, of arrival and departure of the ship at, or from, any port or place;
 
 
 
 
(iv) the classes of passengers which may be carried in the ship;
 
 
 
 
(v) the kind of cargo which may be carried in the ship and the quantity of such cargo that may be put on board any ship specified in the order;
 
 
 
 
(vi) the order of priority in which passengers or cargo may be taken on or put off the ship at any port or place, whether in or outside Bangladesh;
 
 
 
 
(vii) the person or persons to whom passages may be given;
 
 
 
 
(b) in the case of any ship which has been granted a licence under section 67, and is about to proceed from a port or place in Bangladesh to any port or place at which she may, or is to, call in the course of her voyage while engaged in the coasting trade, general or special directions with respect to all or any of the matters mentioned in sub-clauses (iii), (iv), (v), (vi) and (vii) of clause (a); and
 
 
 
 
(c) in the case of any ship, other than a ship licensed under this Ordinance, directions regulating the quantity of any cargo that may be loaded in such ship from a port of Bangladesh for a place or port outside Bangladesh.
 
 
 
 
(2) Whoever fails to comply with any direction given under sub section (1), shall, for each offence, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka five thousand, or with both.
Power to constitute Shipping Allocation Board
72. The Government may, by notification in the official Gazette, constitute a Shipping Allocation Board to advise on matters enumerated in section 71.
[Omitted]
73. [Power to fix shipping rates.- Omitted by section 9 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).]
[Omitted]
74. [Power to constitute Shipping Rates Advisory Board.- Omitted by section 10 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).]
Power to call for information
75. (1) The Shipping Authority may, by notice served personally or by post, require-
 
 
 
 
(a) the master or owner of any ship in respect of which a licence granted under this Part is in force, or
 
 
 
 
(b) the master or the agent in Bangladesh of the owner of any ship in respect of which any directions have been or may be given under clause (b) or clause (c) of sub section (1) of section 71, to furnish, within the period specified in the notice, information regarding all or any of the following matters, namely:-
 
 
 
 
(i) the classes of passengers and cargo which the ship is about to carry or is capable of carrying or has carried during any period specified in this behalf in the notice;
 
 
 
 
(ii) the rates of passenger fares and freight charges applicable to the ship; and
 
 
 
 
(iii) any other matter which may be prescribed.
 
 
 
 
(2) If any person on whom a notice has been served under sub section (1) fails to furnish the information required thereby within the specified time or, in furnishing such information, makes any statement which he knows to be false in any material particular, he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.
[Omitted]
76. [Submission of schedule of fares, etc., in respect of certain ships.- Omitted by section 11 of the Bangladesh Merchant Shipping (Amendment) Act, 1995 (Act No. II of 1995).]
Power of Shipping Authority to enter ship
77. Where, in respect of any ship to which a licence has been granted or a directive is given in writing under the provisions of this Part, the Shipping Authority has reason to suspect that any of those provisions is not being complied with, it may enter or authorise any other person to enter on board the ship and ask for the relevant documents for examination.
Penalty
78. If any of the limitations or conditions contained in a licence granted or, as the case may be, a directive given under the provisions of this Part is contravened, the master and the owner, or, in the case of a ship other than a Bangladesh ship, the master, and the agent in Bangladesh of the owner, of the ship in respect of which the contravention has taken place, shall each be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka ten thousand, or with both.
Power to make rules
79. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Part.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the forms of licences;
 
 
 
 
(b) rates of fees payable for different categories of licences;
 
 
 
 
(c) the procedure to be followed by the Boards constituted under 9[section 72];
 
 
 
 
10[* * *]
 
 
(e) regulation of the activities of the shipping agents operating in Bangladesh;
 
 
 
 
(f) the matters regarding which information may be required to be furnished under section 75; and
 
 
 
 
(g) any other matter which it is necessary to prescribe.
 
 

11Chapter 7

CERTIFICATE OF COMPETENCY

Definition
80. In this Chapter, unless there is anything repugnant in the subject or context, “Director-General” means the Director-General of the Department of Shipping established under this Ordinance.
Application
81. This Chapter shall apply only to Bangladesh ships.
Manning of ships
82. (1) No ship shall go to sea or proceed on a voyage unless it is manned in accordance with the provisions of this Chapter and possesses a Certificate issued by the Director-General to the effect that the ship is manned in accordance with such provisions.
 
 
 
 
(2) The Director-General shall issue the Certificate under sub-section (1) in such manner as may be prescribed.
 
 
 
 
(3) The Director-General may, by order notified in the official Gazette, require a ship to carry such minimum number of officers, doctors, cooks and other seamen as may be specified in the order.
 
 
 
 
(4) The Director-General shall not exercise his power under sub-section (3) requiring a ship to carry seamen, other than doctors and cooks, except to the extent that it appears to him necessary or expedient in the interest of safety of the ship.
 
 
 
 
(5) An order under sub-section (3) may make different provisions for different descriptions of ships or for ships of the same description in different circumstances.
 
 
 
 
(6) The Government may exempt any ship or class of ships from any requirements of an order made under sub-section (3).
 
 
 
 
(7) An exemption granted under sub-section (6) may be in respect of particular period or of one or more particular voyages.
 
 
 
 
(8) If a ship goes to sea or proceed on a voyage in contravention of the provisions of sub-section (1), the master of the ship shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh Taka, or with both.
Certificate of Competency
83. (1) The Director-General shall grant Certificate of Competency for various grades of service in different trades in a ship after conducting such examinations or tests as may be prescribed.
 
 
 
 
(2) No seaman, master or pilot shall be employed or engaged for service on board a ship unless he has the requisite Certificate of Competency granted under sub-section (1).
 
 
 
 
(3) No person shall be granted a Certificate of Competency under sub-section (1) for employment or engagement on board a ship of or above sixteen hundred tons as a radio officer or operator unless he has-
 
 
 
 
(a) such maritime radio communication general certificate as may be determined by the Director-General;
 
 
 
 
(b) at least six months' sea-service as a trainee radio officer or operator;
 
 
 
 
(c) successfully completed survival craft course, fire-fighting course and first-aid course.
 
 
 
 
(4) Notwithstanding anything contained in this section, the Director-General may relax the requirement of this section in respect of a person if-
 
 
 
 
(a) such person satisfies the Director-General that he is reasonably capable of discharging the duties and responsibilities of the trade for which he is sought to be employed or engaged;
 
 
84. (1) A Certificate of Competency granted to a seaman, master or pilot by any authority in Bangladesh under any law for the time being in force before the commencement of the Bangladesh Merchant Shipping (Amendment) Act, 1988 shall be recognised as equivalent to a Certificate of Competency granted under this Chapter.
 
 
 
 
(2) A Certificate of Competency granted to a seaman, master or pilot by any authority outside Bangladesh may be recognised by the Director-General, by an order notified in the official Gazette, as equivalent to a Certificate of Competency granted under this Chapter.
 
 
 
 
(3) All provisions of this Ordinance relating to Certificate of Competency granted under this Chapter shall apply to such Certificate of Competency recognised under sub-section (1) or sub-section (2) and the recognition of any such Certificate may be suspended or withdrawn on the same ground and in the same manner as a Certificate of Competency granted by the Director-General under this Chapter is suspended or cancelled.
Recognition of Certificate of Competency not granted by the Director-General
84. (1) A Certificate of Competency granted to a seaman, master or pilot by any authority in Bangladesh under any law for the time being in force before the commencement of the Bangladesh Merchant Shipping (Amendment) Act, 1988 shall be recognised as equivalent to a Certificate of Competency granted under this Chapter.
 
 
 
 
(2) A Certificate of Competency granted to a seaman, master or pilot by any authority outside Bangladesh may be recognised by the Director-General, by an order notified in the official Gazette, as equivalent to a Certificate of Competency granted under this Chapter.
 
 
 
 
(3) All provisions of this Ordinance relating to Certificate of Competency granted under this Chapter shall apply to such Certificate of Competency recognised under sub-section (1) or sub-section (2) and the recognition of any such Certificate may be suspended or withdrawn on the same ground and in the same manner as a Certificate of Competency granted by the Director-General under this Chapter is suspended or cancelled.
Form of Certificates
85. Every Certificate of Competency granted under this Chapter shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the Certificate, and the other shall be kept by the Director-General and recorded in the prescribed manner.
Loss of Certificate
86. Whenever a seaman proves to the satisfaction of the Director-General that he has, without any fault on his part, lost or been deprived of a Certificate of Competency already granted to him under this Chapter, the Director-General shall, on payment of such fee as may be prescribed, cause a copy of such Certificate to be granted to him or issue a duplicate thereof, and such copy or duplicate shall have all the effects of the original.
Master to be custodian of Certificates
87. The master of a ship shall be the custodian of Certificates of Competency of all seamen; and a seaman serving on board a ship shall deposit his Certificate of Competency with the master of the ship for its safe custody and for its production to the concerned authority whenever required to do so.
Employment of aliens
88. (1) No person who is not a citizen of Bangladesh shall be employed or engaged on board a ship as a seaman or in any other capacity without the previous permission in writing of the Government.
 
 
 
 
(2) Where the provisions of sub-section (1) is contravened, the owner of the ship shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh Taka or with both.
Continuous Discharge Certificate Book
89. (1) No person shall be employed or engaged on board a ship unless he enters into an agreement with the owner of the ship in such manner as may be prescribed.
 
 
 
 
(2) Upon an agreement under sub-section (1), a seaman shall be issued a Continuous Discharge Certificate Book by the Shipping Master, on payment of such fee and in such manner as may be prescribed, for recording details of his service.
 
 
 
 
(3) Every Continuous Discharge Certificate Book shall be in duplicate and one copy thereof shall be delivered to the person entitled to the Book and the other shall be kept by the Shipping Master and recorded in the prescribed manner.
Power to cancel or suspend Certificate, etc.
90. (1) If it appears to the Director-General that the holder of a Certificate Book issued under this Chapter has obtained it on false or erroneous information, he may, without prejudice to any other penalty to which such holder may be liable, by order, cancel or suspend such Certificate or Book:
 
 
 
 
Provided that no such order shall be passed by the Director-General unless the holder of the Certificate or of the Book has been given an opportunity of making a representation against the proposed order.
 
 
 
 
(2) A person aggrieved by an order under sub-section (1) may prefer an appeal to the Government within a period of one month from the date of such order and the decision of the Government on such appeal shall be final.
 
 
 
 
(3) Upon cancellation or suspension of a Certificate or of the Book under sub-section (1), the holder of the Certificate or of the Book shall surrender the same to the Director-General.
 
 
(4) If any person contravenes the provision of sub-section (3), he shall be liable to fine which may extend to one lakh Taka.
Record of orders affecting Certificate, etc.
91. A note of all orders made under this Ordinance for suspending, cancelling, altering or otherwise affecting a Certificate of Competency or a Continuous Discharge Certificate Book shall be entered on the copy of the Certificate or of the Book kept by the Director-General.
Port Clearance.
92. (1) The Collector of Customs shall not grant a port clearance to any ship unless a certificate issued by the Mercantile Marine Office established under this Ordinance is produced to him to the effect that the ship is duly manned in accordance with the provisions of this Chapter.
 
 
 
 
(2) If any ship attempts to go to sea without a port clearance under sub-section (1), the Collector of Customs or any officer authorised by him in this behalf may detain the ship until a Certificate mentioned in sub-section (1) is produced.
Report of accidents, etc.
93. (1) When a ship has sustained or caused any accident of whatever nature occasioning loss of life or any serious injury to any person or has received any material damage affecting her sea-worthiness or her efficiency either in her hull or in any part of her machinery or in any of her fittings or equipment, the owner or master of the ship shall, within three days after the happening of the accident, damage or casualty, or, as soon thereafter as possible, transmit to the Director-General a report of the accident or damage and of the probable cause thereof stating the name of the ship, port of registry and the place of occurrence.
 
 
 
 
(2) When any mutiny, strike, murder, assault or violence occurs in any ship, the owner or master of the ship shall, within three days after the occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information.
 
 
 
 
(3) Whenever an accident or incident of the nature specified in sub-section (1) or sub-section (2) occurs on or in connection with, a foreign flag ship in Bangladesh waters, the
 
 
agent of the ship shall, within twenty four hours after the happening of the accident or occurrence of the incident, transmit to the Director-General a report of the same and of the probable cause thereof with all other relevant information.
 
 
 
 
(4) On receipt of a report under sub-section (1) or sub-section (2) or sub-section (3) the Director-General may, without prejudice to any other legal proceedings under any other law for the time being in force, order an enquiry into the accident or incident mentioned in the report.
 
 
 
 
(5) Where the Director-General is satisfied that an accident, damage or casualty has happened due to negligence or incompetence on the part of a person who is a foreign national or a person having a Certificate of Competency issued by a foreign Government or organisation, he may, without prejudice to any other action under this Ordinance or any other law for the time being in force, debar-
 
 
 
 
(a) such person from being employed or engaged for service on a Bangladesh Ship;
 
 
 
 
(b) any foreign ship from entering Bangladesh waters with such person being employed or engaged for service on that ship.
 
 
 
 
(6) If a person fails without any reasonable cause to comply with the requirements of this section, he shall be liable to fine which may extend to fifty thousand Taka.
Penalty
94. If any person-
 
 
 
 
(a) forges or fraudulently alters or assists in forging or fraudulently altering any Certificate of Competency or an official copy of any such Certificate, or
 
 
 
 
(b) makes or assists in making any false representation for the purpose of procuring either for himself or for any other person a Certificate of Competency, or
 
 
 
 
(c) fraudulently uses a Certificate of Competency, or a copy thereof, which has been forged, altered, cancelled or suspended, or to which he is not entitled, or
 
 
(d) fraudulently lends his certificate of Competency or allows it to be used by any other person,
 
 
 
 
he shall be punishable with imprisonment for a term which may extend to three years, and shall also be liable to fine which may extend to one lakh Taka, or with both.
 
 
 
 
Explanation.- In this section “Certificate of Competency” includes a Continuous Discharge Certificate Book issued under this Ordinance.
Power to make rules
95. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 
 
 
(2) In particular, and without prejudice to the generality of the forgoing powers, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) classification of Certificate of Competency of different grades;
 
 
 
 
(b) syllabus and courses of examinations or tests for Certificates of Competency;
 
 
 
 
(c) eligibility for appearing in examinations or tests for various grades of Certificate of Competency and manner of holding such examinations or tests.]
 
 
 
 

Chapter 9

EMPLOYMENT OF YOUNG PERSONS

Employment of young persons
98. No young person under fifteen years of age shall be engaged or carried to sea to work in any capacity in any ship except-
 
 
 
 
(a) in a school ship or training ship in accordance with the prescribed conditions; or
 
 
 
 
(b) in a ship in which all persons employed are members of one family; or
 
 
 
 
(c) where such young person is to be employed on nominal wages and shall be under the protection of his father or other adult near male relative.
Engagement of young persons as trimmers or stokers
99. (1) Subject to the provisions of sub sections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or a stoker in any ship.
 
 
 
 
(2) Sub section (1) shall not apply-
 
 
 
 
(a) to any work of trimming or stoking done by a young person in a school ship or training ship in accordance with the prescribed conditions; or
 
 
 
 
(b) to any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam; or
 
 
 
 
(c) to the engagement of carrying to sea of a young person over sixteen years of age to work as a trimmer or stoker on a home trade ship or coasting ship in accordance with the prescribed conditions.
 
 
 
 
(3) Where in any port a trimmer or stoker is required for any ship, other than a home trade ship or coasting ship, and no person over eighteen years of age is available, two young persons over sixteen years of age may be engaged and carried to sea to do the work which would otherwise have been done by one person over eighteen years of age.
 
 
 
 
(4) There shall be included in every agreement with the crew in ships to which this section applies a short summary of the provisions of this section.
Medical examination of young persons
100. (1) Subject to the provisions of sub section (2), no young person shall be engaged or carried to sea to work in any capacity in any ship unless there has been delivered to the master a certificate granted by a prescribed medical authority that the young person is fit to be employed in that capacity.
 
 
 
 
(2) Sub section (1) shall not apply-
 
 
 
 
(a) to the employment of a young person in a ship in which all persons employed are members of one family; or
 
 
 
 
(b) where the Shipping Master, on the ground of urgency, has authorised a young person to be engaged and carried to sea, without the certificate required by sub section (1) being delivered to the master, and the young person is not
 
 
employed beyond the first port at which the ship in which he is so engaged calls except in accordance with the provisions of sub section (1).
 
 
 
 
(3) A certificate of fitness required by sub section (1) shall remain in force for one year only from the date on which it is granted.
 
 
 
 
(4) The Shipping Master may require the master of any ship to produce for inspection any certificate of fitness delivered to him under sub section (1).
Offences against sections 98, 99 and 100
101. (1) If any young person is engaged to work in any capacity in a ship in contravention of section 98, section 99, or section 100 on a false representation by his parent or guardian, or any other person, that the young person is of an age at which such engagement is not in contravention of any of those sections, such parent or guardian shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka two thousand, or with both.
 
 
 
 
(2) If any young person is carried to sea to work in contravention of section 98, section 99, or section 100, the master of the ship shall, for each offence, be punishable with fine which may extend to two thousand Taka.
 
 
 
 
(3) If any master refuses or neglects to produce for inspection any certificate of fitness delivered to him when required so to do under sub section (4) of section 100, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Maintenance of list or Register of young persons in a ship
102. (1) There shall be included in every agreement with the crew of every ship, whether a Bangladesh ship or not, which engages young persons in Bangladesh, a list of the young persons who are members of the crew, together with particulars of the dates of their birth, and in the case of any ship where there is no agreement, the master shall maintain a Register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew.
 
 
 
 
(2) The Shipping Master may require the master of any ship where there is no such agreement as aforesaid to produce for inspection the Register maintained under sub section (1).
 
 
 
 
(3) If any master fails to maintain the Register required to be maintained under sub section (1) or refuses or neglects to
 
 
produce such Register for inspection when required so to do under sub section (2), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Power to make rules
103. The Government may, by notification in the official Gazette, make rules prescribing-
 
 
 
 
(a) the conditions of employment of young persons, in any capacity, in school ships and training ships, and the authorities by whom and the manner in which the inspection of their work shall be carried out;
 
 
 
 
(b) the conditions of employment of young persons as trimmers or stokers in home trade ships and coasting ships;
 
 
 
 
(c) the authorities whose certificates of fitness shall be accepted for the purposes of section 100; and
 
 
 
 
(d) the principles and procedure to be followed by ship owners where there is no agreement with the crew.
 
 

Chapter 10

ENGAGEMENT OF SEAMEN

Rules relating to engagement of seamen and maritime labour
104. (1) Subject to the other provisions of this Ordinance, the Government may, by notification in the official Gazette, make rules regulating the engagement of seamen, their employment on various ships, and other matters affecting maritime labour generally.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the establishment of one or more Seamen's Employment Boards, and the constitution, composition and functions thereof;
 
 
 
 
(b) the registration of seamen, and the fees to be charged by the Shipping Master for the issue of Registration Book to them;
 
 
(c) the maintenance of seamen's rosters;
 
 
 
 
(d) the principles and procedure to be followed by ship owners in engaging and promoting seamen;
 
 
 
 
(e) the licensing of Agents who act on behalf of owners in engaging seamen for foreign ships and the conditions to be complied with by such Agents before licence is granted or renewed.
Supply of seamen, etc.
105. (1) A person shall not engage or supply, or employ for the purpose of engaging or supplying, a seaman, to be entered on board any ship in Bangladesh unless that person is the owner or master or mate of the ship, or is bona fide the servant and in the constant employment of the owner, or is a Shipping Master.
 
 
 
 
(2) A person shall not receive or accept to be entered on board any ship any seaman if that person knows that the seaman has been engaged or supplied in contravention of sub section (1).
 
 
 
 
(3) If a person contravenes the provisions of sub section (1) or sub section (2), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
 
 
 
 
(4) An agent for recruiting seamen, acting on behalf of owners of foreign ships, shall not recruit or attempt to recruit any seaman unless he is duly licensed by the Government and no such recruitment shall be carried out except with the concurrence of the Shipping Master.
 
 
 
 
(5) If a person contravenes the provisions of sub section (4), he shall be punishable with imprisonment which may extend to six months, or with fine not exceeding ten thousand Taka, or with both.
Seaman’s identity card
106. (1) The Government may, by order, provide-
 
 
 
 
(a) for the issue to every Bangladeshi seaman of a card, in this section referred to as seaman's identity card, in such form and containing such particulars with respect to the holder thereof and such other particulars, if any, as may be specified in the order, and for requiring every Bangladeshi seaman to apply for such card;
 
 
(b) for requiring the holder of a seaman's identity card to produce it to such person in such circumstances as may be specified in the order;
 
 
 
 
(c) for the surrender of the seaman's identity card in such circumstances as may be specified in the order;
 
 
 
 
(d) for any incidental or supplementary matter which the Government thinks expedient for the purpose of the order to provide;
 
 
 
 
and any provision of the order having effect by virtue of clause (a) of this sub section may be so framed as to apply to all Bangladeshi seaman or any description of them, and, as to have effect subject to any exemption for which provision may be made in the order.
 
 
 
 
(2) An order under this section may make a contravention of any provision thereof an offence punishable on a summary conviction, with a fine not exceeding one thousand Taka.
 
 
 
 
(3) If a person makes a statement which he thinks to be false or recklessly makes a statement which is false in a material particular for the purpose of obtaining for himself or for any other person a seaman's identity card, he shall be liable on summary conviction to a fine not exceeding Taka one thousand.
Seaman to be in possession of Continuous Discharge Certificate
107. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea from any such port or place any such seaman in any ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, unless the seaman is in possession of a Continuous Discharge Certificate issued in Bangladesh by a Shipping Master in a form approved by the Director-General of Shipping or such other document as may be prescribed.
 
 
 
 
(2) if a person engages or carries to sea any seaman in contravention of sub section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Loss of Continuous Discharge Certificate, etc.
108. Whenever a seaman proves to the satisfaction of a Shipping Master that the Continuous Discharge Certificate issued to him has, without fault on his part, been lost, torn or defaced, or that he has otherwise been deprived of it, the Shipping Master shall, on payment of the prescribed fee, if any, issue to the seaman a copy of the Certificate to which he may be entitled, and such copy shall have all the effect of the original.
Cancellation, etc. of Continuous Discharge Certificate
109. (1) Notwithstanding anything contained elsewhere in this Ordinance, the Shipping Master may suspend, cancel or confiscate the Continuous Discharge Certificate of any seaman who is shown to the satisfaction of the Shipping Master to have deserted his ship or is found guilty of smuggling, theft, misbehaviour or such other offence as may, in the opinion of the Shipping Master, make him unsuitable for employment on board a ship.
 
 
 
 
(2) Any person aggrieved by an order under sub section (1) may, within ninety days from the date of receipt of such order, prefer an appeal to the Director General of Shipping.
 
 
 
 
(3) An appeal under sub section (2) shall be preferred and disposed of in such form and manner as may be prescribed.
Certificate of fitness of seaman
110. (1) No person shall engage any Bangladeshi seaman at any port or place in Bangladesh, nor carry to sea any such seaman in any ship of two hundred tons gross and above from any such port or place unless the seaman is in possession of a certificate in the prescribed form issued by the prescribed medical authority to the effect that he is fit to be employed in the capacity in which he is to serve, or unless an endorsement to that effect appears in his Continuous Discharge Certificate.
 
 
 
 
(2) The Government may prescribe -
 
 
 
 
(a) the standard of fitness required of seamen or different classes of seamen having regard to the age of the seamen and the nature of duties to be performed by them;
 
 
 
 
(b) the nature of the medical examination of seamen and the authority by whom the medical examination shall be conducted;
 
 
 
 
(c) the form and the contents of the certificates of fitness and the period of their validity; and
 
 
(d) the medical authority by whom a seaman who has been refused a certificate of fitness in the first instance may be re examined, and the fee payable for such re examination.
 
 
 
 
(3) The Government may exempt any seaman or class of seamen employed in any ship or class of ships from the operation of all or any of the provisions of this section.
 
 
 
 
(4) If a person engages or carries to sea any seaman in contravention of sub-section (1), he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
 
 
 
 
(5) An owner, master or agent may, prior to engaging a seaman, have him examined by a medical officer whose prescribed particulars have been registered with a Shipping Master.
Rules relating to manning of ships
111. (1) The Government may, by notification in the official Gazette, make rules as to manning of ships.
 
 
 
 
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the rating of seamen other than officers;
 
 
 
 
(b) the minimum and maximum age limits, and qualifications and experience required for each rating; and
 
 
 
 
(c) the number of each rating to be carried on board a ship having regard to her tonnage, mode of propulsion and the number of passengers she is certified to carry.
Agreement with crew
112. (1) The master of every Bangladesh ship, except a coasting ship of less than two hundred tons gross so long as such coasting ship is employed on voyages confined to ports or places within Bangladesh, shall enter into an agreement in accordance with this Ordinance with every seaman whom he engages at, and carries to sea as one of his crew from any port or place in Bangladesh.
 
 
(2) The master of a ship who neglects or fails to enter into an agreement required by sub section (1) shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Forms and contents of the agreement
113. (1) An agreement with the crew shall be in the form approved by the Government, and shall be dated at the time of the first signature thereof and shall be signed-
 
 
 
 
(a) where the ship is at the port or place of engagement, by the master before any seaman signs the same; and
 
 
 
 
(b) where the ship is not at the port or place of engagement, by the owner or the owner's agent before the master signs it and by the master before the seaman is on board.
 
 
 
 
(2) An agreement with the crew shall contain as terms thereof the following particulars, namely:-
 
 
 
 
(a) the name of the ship or ships with the official number or numbers in which each seaman undertakes to serve;
 
 
 
 
(b) either the nature and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or ports of the world, if any, to which the voyage or engagement is not to extend;
 
 
 
 
(c) the time at which each seaman is to be on board or to begin work;
 
 
 
 
(d) the capacity in which each seaman is to serve;
 
 
 
 
(e) the amount of wages which each seaman is to receive;
 
 
 
 
(f) a scale of the provisions which are to be furnished to each seaman, such scale being not less than the prescribed scale;
 
 
 
 
(g) any regulations as to, conduct on board and as to fines, short allowance of provisions or other lawful punishments for misconduct, which have been sanctioned by the Government as regulations proper to be adopted, and which the parties agree to adopt;
 
 
 
 
(h) payment of compensation for personal injury or death caused by accident arising out of or in course of employment;
 
 
 
 
(i) where it is agreed that the services of any Bangladeshi seaman shall end at any port or place outside Bangladesh, a stipulation to provide him either with fit employment on board some other ship bound to the port or place at which he was engaged or to such other port or place in Bangladesh as may be mutually agreed upon, or a passage free of charge to any such port or place; and
 
 
 
 
(j) stipulations relating to such other matters as may be prescribed.
 
 
 
 
(3) An agreement with the crew shall provide that in the event of a dispute arising outside Bangladesh in respect of any matter touching the agreements, such dispute shall be referred to the Bangladesh Consular Officer whose decision thereon shall be binding on the parties until the return of the ship to the port or place in Bangladesh at which the seaman is to be discharged.
 
 
 
 
(4) An agreement with the crew shall be so framed as to admit of such stipulations to be adopted at the will of the master and seaman in each case, respecting the advance of wages, supply of warm clothing and similar other matters, as are not inconsistent with the provisions of any law for the time being in force relating to merchant shipping.
 
 
 
 
(5) If a master enters into an agreement with any seaman for a scale of provisions less than the prescribed scale, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Engagement in Bangladesh of single seaman for foreign ship
114. If the master of a ship, not being a Bangladesh ship, has an agreement with the crew made in due form according to the law of the port at which she is registered or in which her crew were engaged and engages a single seaman, not being a Bangladeshi seaman, in any port in Bangladesh, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Ordinance.
Special provisions with regard to agreements with crew of Bangladesh foreign-going ships
115. (1) The following provisions shall have effect with respect to the agreements with the crew made in Bangladesh in the case of Bangladesh foreign-going ships, namely:-
 
 
 
 
(a) the agreement shall, subject to the provisions of this Ordinance as to substitutes, be signed by each seaman in the presence of a Shipping Master;
 
 
 
 
(b) the Shipping Master shall cause the agreement to be read over and explained to each seaman, in a language understood by him, or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature;
 
 
 
 
(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the Shipping Master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship;
 
 
 
 
(d) when a substitute is engaged in the place of a seaman who had duly signed the agreement and whose services are lost within twenty-four hours of the ship's putting to sea by desertion, death, or other unforeseen cause, the engagement shall, if practicable, be made before a Shipping Master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature;
 
 
 
 
(e) the agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may, subject to the provisions of sub-section (2), be made to extend over two or more voyages and agreements so made are in this Ordinance referred to as running agreements;
 
 
 
 
(f) on every return to a port or place in Bangladesh before the final termination of a running agreement, the master shall discharge or engage before Shipping Master at such port or place any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement that no such discharges or engagements have been made or are intended to be made before the ship leaves such port or place or, as the case may be, that all those made have been made as required by law; and
 
 
(g) the master shall deliver the running agreement so endorsed to the Shipping Master, and the Shipping Master shall, if the provisions of this Ordinance relating to agreements have been complied with, sign the endorsement and return the agreement to the master.
 
 
 
 
(2) A running agreement shall not extend beyond the expiration of the period of six months from the date on which it was executed, or beyond the first arrival of the ship at her port or place of destination in Bangladesh after the expiration of that period, or beyond the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest:
 
 
 
 
Provided that no such agreement shall continue in force if, after the expiration of the period of six months from the date on which it was executed, the ship proceeds on a voyage from a port or place outside Bangladesh to any other such port or place which is not on the direct route or a customary route to her port or place of destination in Bangladesh:
 
 
 
 
Provided further that every such agreement shall, in addition to any other particulars required by law, contain such stipulations as the Government may direct for the discharge of the crew and payment of their wages, for securing their return to the port or place at which they were shipped or to some other port or place in Bangladesh, and for other purposes, on the termination of the agreement at a port or place outside Bangladesh under the foregoing proviso.
 
 
 
 
(3) If any master wilfully makes a false statement in any such endorsement as is referred to in clause (f) of sub section (1), she shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Renewal of running agreements in certain cases
116. (1) When a running agreement has been made with the crew of a Bangladesh foreign going ship and the ship arrives after the expiration of a period of six months from the date on which it was executed at a port or place of destination in Bangladesh which is not the port or place at which the crew have agreed to be discharged, the master may, with the previous sanction of the Shipping Master, renew the agreement with the crew, or be required by the Shipping Master so to renew the agreement for the voyage from such port or place of destination to the port or place in Bangladesh at which the crew have agreed to be discharged.
 
 
(2) If the master of the ship is required by the Shipping Master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the Government in respect of the subsistence of the crew and their repatriation to the port or place at which they have agreed to be discharged shall be a charge upon the master of the ship.
Special provisions as to agreements with crew of home trade or coasting ships
 
 
117. The following provisions shall have effect with respect to the agreements with crew of home trade ships or coasting ships for which an agreement with the crew is required under this Ordinance, namely:-
 
 
 
 
(a) an agreement for service in a home trade ship or a coasting ship for which an agreement is required by section 112, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, shall be made for a single ship and signed by the crew engaged before the Shipping Master as provided in this Ordinance for foreign-going ships; and such agreement may be made for a period of six months, the agreement being terminable, notwithstanding the expiration of that period, at a port or place in Bangladesh:
 
 
 
 
Provided that while a ship is at a port or place in Bangladesh, the master or the seaman may terminate the agreement by giving 24 hours' notice which shall not expire later than 24 hours before the ship is put to sea;
 
 
 
 
(b) an agreement, if any, for service in a coasting ship for which an agreement is not required by section 112, shall not extend beyond the next following thirtieth day of June, or thirty first day of December or the first arrival of the ship at her final port or place of destination in Bangladesh after such date, or the discharge of cargo consequent on such arrival;
 
 
 
 
(c) an agreement for service in two or more coasting ships belonging to the same owner may be made by the owner instead of by a master, and the provisions of this Ordinance with respect to the making of the agreement shall apply accordingly;
 
 
 
 
(d) notwithstanding anything contained in clause (b) or clause (c), the owner of two or more coasting ships or his agent may enter into time agreements in the form sanctioned by the Government with individual seaman to serve in any one or more such ships belonging to such owner and such agreements may extend beyond the next following thirtieth day of June, or thirty first day of December.
Changes in crew to be reported
118. (1) The master of every Bangladesh ship, the crew of which has been engaged before a Shipping Master, shall, before finally leaving Bangladesh, sign and send to the nearest Shipping Master a full and accurate statement in the form sanctioned by the Government, of every change which takes place in his crew before finally leaving Bangladesh and that statement shall be admissible in evidence.
 
 
 
 
(2) Nothing in sub section (1) shall be construed as enabling the master to engage, except in accordance with the other provisions of this Ordinance, any seaman as an additional member of the crew.
 
 
 
 
(3) If any master fails without reasonable cause to comply with the requirements of sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Certificate as to agreement with crew of foreign going and home trade ships
119. (1) In the case of a Bangladesh foreign going ship or a Bangladesh home-trade ship, on the due execution of an agreement with the crew in accordance with this Ordinance, and also when, in the case of a Bangladesh foreign going ship, the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Ordinance respecting that agreement, the Shipping Master shall grant the master of the ship a certificate to that effect.
 
 
 
 
(2) The master of every such ship as aforesaid shall, before proceeding to sea, produce that certificate to the Collector of Customs, whose duty it is to grant a port clearance and the ship may be detained until the certificate is produced.
 
 
 
 
(3) The master of such ship shall, within forty-eight hours after the ship's arrival at the port or place where the crew is to be discharged, deliver such agreement to a Shipping Master at that port or place; and the Shipping Master shall thereupon give to the master a certificate to that effect; and the Collector of Customs shall not clear any such ship inwards without the production of such certificate.
 
 
 
 
(4) If any master fails, without reasonable cause, to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Certificate as to agreements with crew of coasting ships
120. (1) The master or owner of a Bangladesh coasting ship for which an agreement with the crew is required under this Ordinance shall, within twenty one days after the thirtieth day of June, and the thirty first day of December in every year, or, if the ship is not at any port or place in Bangladesh within that period, within forty eight hours of her next arrival at a port or place in Bangladesh, deliver to a Shipping Master in Bangladesh every agreement made within the six months next preceding such days respectively.
 
 
 
 
(2) The Shipping Master, on receiving such agreement, shall give the master or owner of the ship a certificate to that effect; and the Collector of Customs shall not grant a port clearance for any such ship without production of the certificate, and, if any such ship attempts to go to sea without such clearance, the Collector of Customs may detain her until the certificate is produced.
 
 
 
 
(3) Any master or owner who fails, without reasonable cause, to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Copy of agreement with crew to be made accessible to the crew
121. (1) The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement with the crew and, if necessary, a translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as is accessible to the crew.
 
 
 
 
(2) Any master who fails without reasonable cause to comply with the provisions of sub section (1) shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Alteration in agreement with the crew
122. Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship, shall be wholly inoperative, unless proved to have been made with the consent of all the persons interested in such erasure, interlineation or alteration by the written attestation, if made in Bangladesh, of some Shipping Master, or, if made elsewhere, of a Bangladesh Consular Officer.
List of crew to be furnished to Shipping Masters
123. (1) The master or owner of every Bangladesh ship, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, and the master of every ship, other than a Bangladesh ship, while in a port or place in Bangladesh, shall make out and sign a list, in this Ordinance referred to as the List of Crew, in such form and containing such particulars as may be prescribed; and different forms may be prescribed for different classes of ships.
 
 
 
 
(2) The List of Crew relating to a ship, except a Bangladesh coasting ship, shall be delivered to the Shipping Master at the port or place where the ship happens to be, as soon after arrival as possible and before departure.
 
 
 
 
(3) The List of Crew relating to a Bangladesh coasting ship shall be delivered or transmitted by the master or owner to some Shipping Master in Bangladesh on, or within twenty one days after, the thirtieth day of June and the thirty first day of December in each year; and the Shipping Master shall give to such master or owner a certificate of such delivery or transmission, and such ship may be detained, and shall not be cleared inwards by the Collector of Customs, until the certificate is produced.
 
 
 
 
(4) Any master or owner who fails without reasonable cause to comply with any of the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Engagement of seamen for ships other than Bangladesh ships
124. (1) When the master of a ship, other than a Bangladesh ship, being at a port or place in Bangladesh, or the owner's agent in Bangladesh of such ship, engages any Bangladeshi seamen to proceed to any port or place outside Bangladesh he shall enter into an agreement with every such seaman, and the agreement shall be made before a Shipping Master in the manner provided by this Ordinance for the making of agreements in the case of Bangladesh foreign going ships.
 
 
 
 
(2) All the provisions of this Ordinance respecting the form of such agreements and the stipulations to be contained in them, and the making and signing of the same, shall be applicable to the engagement of such seamen:
 
 
Provided that any such dispute as is referred to in sub section (3) of section 113 shall not be referred to the Bangladesh Consular Officer if such reference is contrary to the rules of International Law.
 
 
 
 
(3) The master of such ship shall give to the Shipping Master a bond in the prescribed form with the prescribed security for every such seaman engaged by him in Bangladesh and conditioned for the due performance of such agreement and stipulations, and for the repayment to the Government of all expenses which may be incurred by the Government in respect of any such seamen who is discharged or left behind at any port or place outside Bangladesh and becomes distressed and is relieved under the provisions of this Ordinance:
 
 
 
 
Provided that the Government may waive the execution of such bond where the owner of the ship has an agent at any port in Bangladesh and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute the bond or may accept from the agent such security as it may consider appropriate.
 
 
 
 
(4) The fees prescribed for the purpose shall be payable in respect of every such engagement and deductions from the wages of a seaman so engaged may be made to the extent and in the manner allowed under this Ordinance.
 
 
 
 
(5) If the master of a ship other than a Bangladesh ship engages such a seaman in Bangladesh otherwise than in accordance with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Agreement to meet legal requirements of the country of Registration of the ship
124A. (1) If a Master of a foreign ship, who has entered into an agreement with a Bangladeshi seaman under sub section (1) of section 124, which shall be deemed to be the governing agreement between the Master of the ship and the seaman, requires the seaman to sign an agreement to meet the requirements of the law of the country of registration of the ship, the seaman shall sign such agreement.
 
 
 
 
(2) Notwithstanding any provisions relating to the salary and other benefits admissible to the seaman in the agreement signed or entered into under sub-section (1), the seaman shall be entitled to such salary and other benefits admissible under the governing agreement and the provision relating thereto in the subsequent agreement shall have no effect.
 
 
 
 
(3) Any seaman claiming or demanding the salary or other benefits from the Master or owner of a foreign ship on the basis of any agreement, other than the governing agreement during its continuance in force, shall be tried and be punished under section 124B.
Penalties for violating provisions of Sec. 124A
124B. (1) If a Bangladeshi seaman engaged under sub section (1) of 124 refuses to sign or enter into an agreement required by sub section (1) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand, or with both.
 
 
 
 
(2) If a Bangladeshi seaman engaged under sub section (1) of section 124 breaks or attempts to break, whether in a port or place in or outside Bangladesh, an agreement made under sub section (1) of section 124A, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to Taka fifteen thousand, or with both, and his Registration as seaman shall also be liable to be cancelled.
 
 
 
 
(3) If he claims or demands salary or other benefits in excess of the salary or other benefits admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, he shall be liable to imprisonment for a term which may extend to one year, or with fine which may extend to Taka fifteen thousand.
Recovery of excess salary, repatriation cost, etc.
124C. (1) if a seaman is guilty of realising salary or other benefits from the Master or owner of a foreign ship in excess of those admissible to him under the governing agreement in violation of provision of sub section (2) of section 124A, or if he is found guilty of desertion, he shall be liable to be tried in summary way and the excess amount realised or, as the case may be, the actual cost spent for his repatriation shall be recovered from the seaman as a public demand.
 
 
(2) The amount recovered on account of excess salary or other benefit shall be refunded to the person from whom it was realised.
Engagement of seaman outside Bangladesh
125. (1) When the master of a Bangladesh ship engages a seaman at any port or place outside Bangladesh, the provisions of this Ordinance respecting agreements with the crew made in Bangladesh shall apply subject to the following modifications, that is to say:-
 
 
 
 
(a) the master shall, before carrying the seaman to sea, procure the sanction of a Bangladesh Consular Officer, and shall, if not contrary to any law in force in that port or place, engage the seaman before that officer; and
 
 
 
 
(b) the master shall request such Consular Officer to endorse upon the agreement an attestation to the effect that it has been signed in his presence and otherwise made as required by this Ordinance, and that it has his sanction, and if the attestation is not made, the burden of proving that the engagement was made as required by this Ordinance shall lie upon the master.
 
 
 
 
(2) As soon as may be after a seaman has been engaged under sub section (1), the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement, in the form sanctioned by the Government, of the seaman so engaged.
 
 
 
 
(3) If a master fails to comply with any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Power to prohibit engagement of Bangladeshi seamen
126. The Government or an officer authorised by it in this behalf may, by order in writing, stating the reasons thereof, prohibit any person from engaging, in Bangladesh or in any specified part thereof, any Citizen of Bangladesh or any person domiciled in Bangladesh to serve as a seaman on any ship specified in such order.
Power to board ships and muster seamen
127. (1) For the purpose of preventing seamen from being taken on board any ship at any port in Bangladesh contrary to the provisions of this Ordinance, any Shipping Master may enter at any time on board any such ship upon which he has reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein.
 
 
(2) If the master or any other person obstructs any Shipping Master in the execution of his duty under this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Forged Continuous Discharge Certificate, etc.
128. If any person-
 
 
 
 
(a) forges any Continuous Discharge Certificate or a certificate of fitness, or a copy of any such certificate, or
 
 
 
 
(b) fraudulently alters any entry in any Continuous Discharge Certificate or a certificate of fitness, or
 
 
 
 
(c) fraudulently uses any Continuous Discharge Certificate or certificate of fitness which is forged or altered or does not belong to him,
 
 
 
 
he shall, for each offence, be punishable with imprisonment for a term which may extend to two years, or with fine, which may extend to fifteen thousand Taka, or with both.
Power to make rules
129. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 

Chapter 11

DISCHARGE OF SEAMEN

Discharge of seamen to be before Shipping Master
130. (1) When a seaman serving in a foreign going ship or home trade ship is, on the termination of his engagement, discharged in Bangladesh, he shall, whether the agreement with the crew be an agreement for the voyage or a running agreement, be discharged in the manner provided by this Ordinance in the presence of a Shipping Master.
 
 
 
 
(2) The provisions of sub section (1) shall apply in relation to the discharge of seamen serving in any Bangladesh coasting ship for which an agreement is required under this Ordinance as they apply in relation to the discharge of seamen serving in foreign going ship or home trade ship:
 
 
 
 
Provided that this sub section shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 117 for service in two or more ships for the purpose of being engaged in another ship to which the agreement related.
 
 
(3) If the master or owner of a Bangladesh coasting ship for which an agreement with the crew is not required under this Ordinance so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign going ship or home trade ship.
 
 
 
 
(4) If any master, owner or owners' agent acts in contravention of any of the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Entries to be made in Continuous Discharge Certificate and return of Certificates of Competency to officers on discharge
131. (1) If a seaman is discharged from a ship in Bangladesh, either on his discharge or on payment of his wages, the master shall enter in the Continuous Discharge Certificate of the seaman, under his signature, particulars specifying the period of the seaman's service and the date and place of his discharge.
 
 
 
 
(2) The master shall, upon the discharge of every Certificated Officer whose Certificate of Competency has been delivered to and retained by him, return the Certificate to the officer.
 
 
 
 
(3) If a master acts in contravention of sub section (1), or fails, without reasonable cause, to return the Certificate of Competency to the officer concerned as required by sub section (2), he shall, for each offence, be punishable with fine which may, in the former case, extend to one thousand Taka and in the latter to five hundred Taka.
Report to Shipping Master as to work of seamen, etc.
132. (1) When a seaman is discharged from a ship in Bangladesh, the master shall furnish to the Shipping Master before whom the discharge is made a report in the prescribed form stating -
 
 
 
 
(a) the quality of the work of the seaman,
 
 
 
 
(b) his conduct and character on board,
 
 
 
 
(c) whether the seaman has fulfilled his obligation under the agreement with the crew,
 
 
 
 
(d) that he declines to express an opinion on all or any of these particulars,
 
 
and the master shall, if the seaman so desires, endorse on his Continuous Discharge Certificate a copy of such report which shall be verified by the Shipping Master.
 
 
 
 
(2) If the master states that he declines to express an opinion on all or any of the particulars mentioned in sub section (1), he shall enter in the official log book in the presence of a Certificated Officer, his reasons for so declining.
 
 
 
 
(3) If the master fails to comply with the provisions of this section, he shall be punishable with fine which may extend to five thousand Taka.
Discharge of seamen abroad
133. (1) When the master of a Bangladesh ship discharges a seaman at any port or place outside Bangladesh, except at a port or place in a country in which the seaman was engaged, the provisions of this Ordinance respecting the discharge of seamen in Bangladesh shall apply subject to the following modifications, that is to say-
 
 
 
 
(a) at a port or place having a Bangladesh Consular Officer,-
 
 
 
 
(i) the master shall not discharge a seaman except with the previous sanction of the Bangladesh Consular Officer endorsed on the agreement with the crew, nor, unless the law in force at such port or place prohibits it, otherwise than in the presence of that officer;
 
 
 
 
(ii) the Bangladesh Consular Officer to whom an application is made for sanction under sub clause (i) shall examine the grounds on which the seaman is proposed to be discharged, and may grant or refuse sanction as he thinks just, but shall not unreasonably refuse such sanction; and
 
 
 
 
(iii) if a copy of the report referred to in sub section (1) of section 132 is endorsed on the seaman's Continuous Discharge Certificate, the Bangladesh Consular Officer shall verify the same; and
 
 
 
 
(b) at a port or place where there is no Bangladesh Consular Officer, the master may himself, if not contrary to any law in force in such port or place, discharge a seaman
 
 
and, shall, if the seaman so desires, endorse on his Continuous Discharge Certificate the report referred to in sub section (1) of section 132.
 
 
 
 
(2) As soon as may be after a seaman has been discharged under sub section (1), the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement of the seaman so discharged in the form sanctioned by the Government.
 
 
 
 
(3) If a master acts in contravention of this section, he shall, for each offence, 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.
Discharge of seamen and apprentices on charge of owner ship
134. (1) Where a Bangladesh ship is transferred or disposed of at any port or place outside Bangladesh, every seaman and apprentice belonging to that ship shall be discharged at that port or place, unless the seaman or apprentice consents in writing in the presence of the Bangladesh Consular Officer to complete the voyage of the ship, if continued.
 
 
 
 
(2) Where a seaman or apprentice is so discharged, the provisions of this Ordinance as to Continuous Discharge Certificate and the repatriation of the seaman or apprentice to a proper return port shall apply as if the service of the seaman or apprentice had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement.
Transmission of documents on transfer of seaman from one ship to another
135. (1) Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all documents in his possession relating to the seaman.
 
 
 
 
(2) If the master fails without reasonable cause to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Repatriation of seaman and apprentice on termination of service abroad
136. (1) When the service of a seaman or apprentice terminates, without the consent of the seaman or apprentice, at a port or place outside Bangladesh, and before the expiration of the period for which the seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in addition to any
 
 
other relative obligation imposed on either of them by this Ordinance, make adequate provision for the maintenance of the seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper return port.
 
 
 
 
(2) If the master or owner fails without reasonable cause, to comply with sub section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman or apprentice, be recoverable as wages due to him and if defrayed by a Bangladesh Consular Officer, be regarded as expenses falling within the provisions of sub section (2) of section 175:
 
 
 
 
Provided that inability to provide the said expenses shall not, for the purposes of this sub section, be regarded as reasonable cause.
Leaving behind in Bangladesh of seaman or apprentice shipped abroad
137. (1) The master of a ship shall not discharge at any port or place in Bangladesh a seaman or apprentice shipped outside Bangladesh, unless he previously obtains sanction in writing of a Shipping Master, but such sanction shall not be refused when the seaman or apprentice is discharged on the expiration of the period for which the seaman was engaged or the apprentice was bound.
 
 
 
 
(2) Subject to the provisions of sub section (1), the sanction under that sub-section may be given or refused at the discretion of the Shipping Master, but whenever it is refused, the reasons for so refusing it shall be recorded by him.
Leaving behind seaman or apprentice by masters of Bangladesh ships abroad
138. (1) The master of a Bangladesh ship shall not leave a seaman or apprentice behind at any port or place outside Bangladesh, except where the seaman or apprentice is discharged in accordance with this Ordinance unless he previously obtains from the Bangladesh Consular Officer a certificate endor¬sed on the agreement with the crew and stating the cause of the seaman or a apprentice being left behind.
 
 
 
 
(2) The Bangladesh Consular Officer to whom an application is made for a certificate under sub section (1) shall examine the grounds on which the seaman or apprentice is to be left behind, and may grant or refuse the certificate as he thinks just, but shall not unreasonably refuse such certificate.
 
 
 
 
(3) As soon as may be after a seaman or apprentice is left behind under sub-section (1),the master shall sign and send to the Shipping Master before whom the crew was engaged a full and accurate statement of the seaman or apprentice so left behind in the form sanctioned by the Government.
 
 
 
 
(4) If a master acts in contravention of any of the provisions of this section, he shall, for each offence, 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.
Wages and other property of seaman or apprentice left behind by Bangladesh ships abroad
139. (1) If a seaman or apprentice belonging to a Bangladesh ship is left behind at any port or place outside Bangladesh, the master of the ship shall enter in the official log book a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge.
 
 
 
 
(2) Within forty eight hours after the arrival of the ship at the port in Bangladesh at which the voyage terminates, the master shall deliver to the Shipping Master-
 
 
 
 
(a) a statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him, and
 
 
 
 
(b) a statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seaman or apprentice, where the absence is an offence punishable under section 196,
 
 
 
 
and if required by the Shipping Master to do so, shall furnish such vouchers as are reasonably required to verify the statements.
 
 
 
 
(3) The master shall, at the time when he delivers the statements referred to in sub section (2) to the Shipping Master, also deliver to him the amount due to the seaman or apprentice in respect of wages and the property that was left on board by him and the Shipping Master shall give to the master a receipt therefore in the prescribed form.
 
 
(4) The master shall be entitled to be reimbursed out of the wages or property referred to in clause (a) of sub section (2) such expenses shown in the statement referred to in clause (b) of that sub section as appear to the Shipping Master to be property chargeable.
Power to make rules
140. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 

Chapter 12

WAGES OF SEAMEN

Master to deliver account of wages
141. (1) The master of every ship shall, before paying off or discharging a seaman under this Ordinance, deliver at the time and in the manner provided by this Ordinance a full and true account in a form sanctioned by the Government of the seaman's wages and of all deductions to be made therefrom on any account whatsoever.
 
 
 
 
(2) The said account shall be delivered-
 
 
 
 
(a) where the seaman is not discharged before the Shipping Master, to the seaman himself not less than twenty four hours before his discharge or payment off ; and
 
 
 
 
(b) where the seaman is to be discharged before the Shipping Master, either to the seaman himself, at or before the time of his leaving the ship, or to the Shipping Master not less than twenty four hours before the discharge or payment off.
 
 
 
 
(3) If the master of a ship fails, without reasonable cause, to comply with this section, he shall, for each offence, be punishable with fine which may extend to five hundred Taka.
Deductions from wages of seamen
142. (1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this Ordinance except in respect of a matter happening after the delivery.
 
 
 
 
(2) The master shall, during the voyage, enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment.
Disrating of seamen
143. (1) Where the master of a ship disrates a seaman he shall forthwith enter or cause to be entered in the official log book a statement of the ¬disrating and furnish the seaman with a copy of the entry; and any reduction of wages consequent of the disrating shall not take effect until the entry has been so made and the copy so furnished.
 
 
 
 
(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 141 and 142.
Deduction on account of provident fund, etc.
144. (1) Notwithstanding anything contained elsewhere in this Ordinance, or in any other law for the time being in force, a deduction may be made from the wages of a seaman either monthly or at the end of a voyage as applicable in each case, on account of provident fund, pension, social insurance, gratuity or any other fund approved by the Government for the purpose.
 
 
 
 
(2) The Government may make rules with regard to the manner in which the deductions from the wages may be made and the amount of such deductions for the purposes of such fund, and the collection, deposit, withdrawal, administration, disbursement, expenditure and other ancillary matters relating thereto.
Payment of wages before Shipping Master
145. (1) Where a seaman is discharged before a Shipping Master in Bangladesh, the master or owner of the ship shall pay the wages of the seaman through, or in the presence of, the Shipping Master unless a competent Court otherwise directs; and in such a case, if the master or owner pays the wages in any other manner, he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
 
 
 
 
(2) If the master or owner of a home trade ship of less than two hundred tons gross so desires, he may pay the wages of the seaman of that ship in the same manner as a seaman discharged from a foreign going ship is paid.
Time of payment of wages
146. (1) The master or owner of every ship discharging a seaman under this Ordinance shall pay to every seaman his wages within five days of the seaman's discharge and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one fourth part of the balance due to him.
 
 
 
 
(2) If the seaman consents, the final settlement of his wages may be left to the Shipping Master, and the receipt of the Shipping Master shall in that case operate as if it were a release given by the seaman in accordance with this Chapter.
 
 
 
 
(3) In the event of the seaman's wages or any part thereof, not being settled under sub section (2), then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability or to any other cause not being the wrongful act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof.
 
 
 
 
(4) Except in a case where final settlement of wages is left to a Shipping Master under sub section (2), if a master or owner fails without reasonable cause to make payment as required by sub section (1), he shall pay to the seaman such sum not exceeding the amount of two days' pay for each of the days during which the payment is delayed as may be decided by the Shipping Master in each case.
 
 
 
 
(5) Any sum payable under sub section (4) may be recovered from the master or owner as wages.
Settlement of wages
147. (1) Where a seaman is discharged, and the settlement of his wages completed before a Shipping Master, he shall sign in the presence of the Shipping Master a release in a form sanctioned by the Government of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master or owner of the ship and attested by the Shipping Master.
 
 
 
 
(2) The release so signed and attested shall be retained by the Shipping Master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.
 
 
 
 
(3) A copy of the release, certified under the hand of the Shipping Master to be a true copy, shall, on payment of the prescribed fee, be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future question touching such claims, and shall have all effect of the original of which it purports to be a copy.
 
 
 
 
(4) Where the settlement of a seaman's wages is by this Ordinance required to be completed through, or in the presence of a Shipping Master, no payment, receipt or settlement made otherwise than in accordance with this Ordinance shall operate or be admitted as evidence of the release or satisfaction of claim.
 
 
 
 
(5) Upon any payment being made by a master before a Shipping Master, the Shipping Master shall, if required, sign and give to the master a statement of the whole amount so paid, and this statement, shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned.
 
 
 
 
(6) Notwithstanding anything contained in the preceding sub sections, a seaman may except from the release signed by him any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release; and the release shall not operate as a discharge and settlement of any claim or demand so noted nor shall sub section (4) apply to any such claim or demand.
Decision on disputes by Shipping Masters
148. (1) Where under the agreement with the crew any dispute arises at any port in Bangladesh between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the Shipping Master,-
 
 
 
 
(a) Where the amount in dispute does not exceed five hundred Taka, at the instance of either party to the dispute; and
 
 
 
 
(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the Shipping Master.
 
 
 
 
(2) The Shipping Master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be conclusive as to the rights of the parties, and any document purporting to be submission or award shall be prima facie evidence thereof :
 
 
 
 
Provided that if, in any case, the Shipping Master is of opinion that the question is one which ought to be decided by a Court of law, he may refuse to decide the dispute.
 
 
 
 
(3) An award made by a Shipping Master under this section may be enforced by a Magistrate in the same manner as an order for the payment of wages made by Magistrate under this Ordinance.
 
 
 
 
(4) Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to any matter submitted to a Shipping Master for decision under this section.
Power of Shipping Master to require production of ships’ papers
149. (1) In any proceedings under this Ordinance before a Shipping Master relating to the wages, claims or discharge of a seaman, the Shipping Master may require the owner or his agent or the master or any mate or other member of the crew to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine on the matter any of those persons being then at or near the place.
 
 
 
 
(2) If any person so required fails, without reasonable cause, to comply with the requisitions, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
Rate of exchange for payment to seaman in a currency other than the currency as stated in the agreement
150. Where a seaman or apprentice has agreed with the master of a ship for payment of his wages in Bangladesh or other currency, any payment, of, or on account of, his wages, if made in any currency other than that stated in the agreement shall, notwithstanding anything contained in the agreement, be made at the rate of exchange for the time being current at the place where the payment is made.
Right to wages and provisions
151. A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.
Wages not to depend on freight
 
 
152. (1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to any other laws, rules and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages.
 
 
 
 
(2) Where a seaman or apprentice, who would but for death be entitled by virtue of this section to demand and recover any wages, dies before the wages are paid, they shall be paid and applied in manner provided by this Ordinance with respect to the wages of a seaman who dies during a voyage.
Wages on termination of service by wreck, illness, etc.
153. (1) Where the service of any seaman engaged under this Ordinance terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside Bangladesh under a certificate granted under this Ordinance of his unfitness or inability to proceed on the voyage, the seaman shall be entitled to receive,-
 
 
 
 
(a) in the case of wreck, loss or abandonment of the ship,-
 
 
 
 
(i) wages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port, or for a period of two months, whichever be longer; and
 
 
 
 
(ii) compensation, being not less than two months' wages, for the loss of his effects; and
 
 
 
 
(b) in the case of unfitness or inability to proceed on the voyage, wages for the period from the date his service is terminated until he is returned to and arrives at a proper return port subject to such limits as may be prescribed.
 
 
 
 
(2) A seaman shall not be entitled to receive any wages under sub-clause (i) of clause (a) of sub-section (1) if he declines to avail himself of the repatriation arrangements made by or on behalf of the owner and approved by the Bangladesh Consular Officer concerned, nor shall a seaman be entitled to receive such wages in respect of any period during which-
 
 
 
 
(a) he was, or could have been suitably employed, or
 
 
(b) through negligence he failed to apply to the proper authority for relief as a distressed or destitute seaman.
 
 
 
 
(3) This section shall apply to every person employed or engaged in any capacity on board any ship and for the time being entered on the ship's articles of agreement, and to every master, and apprentice, as it applied to a seaman.
Wages not to accrue during refusal to work or imprisonment
154. A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work when so required, nor, unless the Court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.
Compensation to seamen
155. If a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying that discharge and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.
Restriction on sale of and charge upon wages
156. (1) As respects wages due or accruing to a seaman or apprentice,-
 
 
 
 
(a) they shall not be subject to attachment by order of any Court;
 
 
 
 
(b) an assignment or sale thereof made prior to the accruing thereof shall not bind the person making the same;
 
 
 
 
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
 
 
 
 
(d) a payment of wages shall be valid in law notwithstanding any previous sale or assignment of those wages or any attachment or encumbrance thereof.
 
 
(2) The provisions of clauses (b) and (c) of sub section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund approved in this behalf by the Government, the main purpose of which is the provision of benefits for seaman; and the provisions of clauses (a) and (d) of sub section (1) shall not apply to anything done or to be done for giving effect to such an assignment.
 
 
 
 
(3) Nothing in this section shall affect the provisions of this Ordinance or any other law for the time being in force with respect to allotment notes.
Summary proceedings for wages
157. A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, sue for the same in a summary manner before any Magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and the order made by the Magistrate in the matter shall be final.
Restriction on suits for wages
158. A proceeding for the recovery of wages shall not be instituted by or on behalf of any seaman or apprentice in any Civil Court, except-
 
 
 
 
(a) where the owner of the ship is adjudged bankrupt or declared insolvent;
 
 
 
 
(b) where the ship is under arrest or is sold by the authority of any Court; or
 
 
 
 
(c) where a Magistrate under the authority of this Ordinance refers a claim to the Court.
Advances and allotments
159. (1) Any agreement with the crew may contain a stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages payable to the seaman under the agreement.
 
 
 
 
(2) Stipulations for the allotment of a seaman's wages may be made in accordance with this Ordinance.
 
 
(3) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in Bangladesh shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seaman's wages and a person shall not have any right of action, suit or set off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.
 
 
 
 
(4) No seaman, who has been lawfully engaged and has received under his agreement an advance payment, shall, wilfully or through misconduct, fail to attend his ship or desert therefrom before the payment becomes really due to him and if he fails to attend his ship or deserts therefrom, he shall be liable to a fine which may extend to one thousand Taka or at the discretion of the Court, to imprisonment for a term which may extend to one month.
 
 
 
 
(5) Where it is shown to the satisfaction of the Shipping Master that a seaman lawfully engaged has wilfully or through misconduct failed to join the ship, the Shipping Master may withhold any of the seaman's certificates of discharge for such period as he may think fit, and while a seaman's certificate of discharge is so withheld, the Shipping Master may refuse to furnish copies of any such certificate or certified extracts therefrom.
Regulations as to allotment notes
160. (1) Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payment to be made.
 
 
 
 
(2) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment note, of any part, not exceeding two-thirds, of his wages in favour either of a relative of the seaman, or some member of his family, or a savings Bank or a fund approved by the Government, to be named in the note.
 
 
 
 
(3) Allotment notes shall be in a form sanctioned by the Government.
Payment of sums allotted
161. (1) The owner or any agent who has authorised the drawing of an allotment note shall pay or remit to the person or persons nominated in this behalf by the seaman the amount mentioned in such note, and inform the Shipping Master that this has been done.
 
 
 
 
(2) If any owner or agent fails to pay or remit as aforesaid any such amount, the Shipping Master shall demand the sums due under the allotment note, and, if the owner or agent fails to pay such sums to the Shipping Master, the Shipping Master may sue for and recover the same with cost:
 
 
 
 
Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court or Magistrate trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid, but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court or Magistrate either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Ordinance is required, or by a certified copy of some entry in the official log book to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the Court or Magistrate may consider sufficient.
 
 
 
 
(3) The Shipping Master on receiving any such sum as aforesaid shall pay it over to the person, bank or fund named in that behalf in the allotment note.
 
 
 
 
(4) All such receipts and payment shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of a Shipping Master.
 
 
 
 
(5) The said book shall be at all reasonable times open to the inspection of the parties concerned.
Power to make rules
162. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 
 
 

Chapter 13

PROPERTY OF DECEASED SEAMEN

Master to take charge of the effects of deceased seamen
163. (1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in Bangladesh, dies during that voyage, the master of the ship shall immediately report the death to the Shipping Master at the port of engagement of the seaman, and take charge of any money or effects belonging to the seaman or apprentice which are on board the ship.
 
 
 
 
(2) The master may, if he thinks fit, cause any effects to be sold by auction at the mast or otherwise by public auction.
 
 
 
 
(3) The master shall enter in the official log book the following particulars, namely:-
 
 
 
 
(a) a statement of the amount of money and a description of the effects;
 
 
 
 
(b) in the case of a sale, a description of each article sold and the sum received for each; and
 
 
 
 
(c) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages.
 
 
 
 
(4) The said money, effects, proceeds of sale of effects, and balance of wages, are in this Ordinance referred to as the property of the seaman or apprentice.
Disposal of property of seaman who dies during the voyage
164. (1) Where a seaman or apprentice dies as aforesaid and the ship before coming to a port in Bangladesh, touches and remains for more than forty eight hours at some port elsewhere, the master shall report the case to the Bangladesh Consular Officer at such port and shall give to that officer any information he requires as to the destination of the ship and probable length of the voyage.
 
 
 
 
(2) The Bangladesh Consular Officer may, if he thinks it expedient, require the property of the seaman and apprentice to be delivered and paid to him and shall thereupon give to the master a receipt thereof and endorse under his hand upon the agreement with the crew such particulars with respect thereto as the Government may specify.
 
 
(3) The receipt shall be produced by the master to the Shipping Master within forty eight hours after his arrival at his port of destination in Bangladesh.
 
 
 
 
(4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in Bangladesh without touching and remaining as aforesaid at a port elsewhere or the Bangladesh Consular Officer does not require the delivery and payment of the property as aforesaid, the master shall, within forty eight hours after his arrival at his port of destination in Bangladesh, pay and deliver the property to the Shipping Master at that port.
 
 
 
 
(5) A deduction claimed by the master in such account shall not be allowed unless verified by an entry in the official log book, and also by such vouchers, if any, as may be reasonably required by the Shipping Master.
 
 
 
 
(6) A Shipping Master shall grant to a master, upon due compliance with such provisions of this section as relate to acts to be done at the port of destination, a certificate to that effect.
Liability of master in respect of property of deceased seaman, etc.
165. (1) If the master fails to comply with the provisions of this Ordinance with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of the property, he shall, notwithstanding any penalty to which he may be liable under this Ordinance, be accountable for the property to the Shipping Master as aforesaid, and shall pay and deliver the same accordingly; and shall, in addition, be punishable, for each offence, with fine not exceeding three times the value of the property not accounted for or, if such value is not ascertained, with fine which may extend to five thousand Taka.
 
 
 
 
(2) The property may be recovered in the same Court and in the same manner in which the wages of seamen may be recovered under this Ordinance.
Property of deceased seaman left abroad but not on board ship
166. If any seaman or apprentice on a Bangladesh ship, or engaged in Bangladesh on any other ship, the voyage of which is to terminate in Bangladesh, dies at any place outside Bangladesh leaving any money or effects hereinafter referred to as the property of a deceased seaman or apprentice not on board the ship, the Bangladesh Consular Officer at or near the place shall claim and take charge of such money and other effect.
Dealing with property of deceased seamen
167. (1) A Bangladesh Consular Officer or a Shipping Master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under this Ordinance may, if he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Ordinance and the proceeds of any such sale shall be deemed to form part of the property of the deceased seaman or apprentice.
 
 
 
 
(2) Before selling any valuable comprised in the said effects, such Officer or Shipping Master shall endeavour to ascertain the wishes of the next of kin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes.
 
 
 
 
(3) A Bangladesh Consular Officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this Ordinance shall remit the property to the Shipping Master at the port of engagement of the deceased seaman or apprentice in such manner and shall render such accounts in respect thereof as may be prescribed.
Recovery of wages, etc. of seamen lost with their ship
168. (1) Where a seaman or apprentice is lost with the ship to which he belongs, the Government or such Officer as the Government may appoint in this behalf, may recover the wages and the compensation due to him from the owner, master or agent of the ship in the same Court and in the same manner in which seaman's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seamen or apprentices under this Ordinance.
 
 
 
 
(2) In any proceeding for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within six months after the departure, be deemed to have been lost with all hands on board either immediately after the time she was last heard of or at such later time as the Court hearing the case may think probable.
 
 
(3) Any duplicate agreement or list of the crew made out, or statement or a change of the crew delivered under this Ordinance at the time of the last departure of the ship from Bangladesh, or a certificate purporting to be a certificate from a Bangladesh Consular Officer at any port out of Bangladesh, stating that certain seamen or apprentices were shipped in the ship from the said port shall be, in the absence of proof to the contrary, sufficient proof that the seamen or apprentices therein named as belonging to the ship were on board at the time of the loss.
Property of seamen dying in Bangladesh
169. If a seaman or apprentice dies in Bangladesh and is at the time of his death entitled to claim from the master or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property to the Shipping Master at the port where the seaman or apprentice was discharged or was to have been discharged or to such other Officer as the Government may direct.
Payment over of property of deceased seamen by Shipping Master
170. Where any property of a deceased seaman or apprentice is paid or delivered to a Shipping Master, the Shipping Master, after deducting for expenses incurred in respect of that seaman or apprentice or his property such sums as he thinks proper to allow, may-
 
 
 
 
(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the Shipping Master to be entitled thereto, and the Shipping Master shall thereby be discharged from all further liability in respect of the residue so paid or delivered; or
 
 
 
 
(b) if he thinks fit so to do, require probate or letters of administration of a certificate under the Succession Act, 1925 (XXXIX of 1925), to be taken out, and thereupon pay and deliver the residue to the legal representative of the deceased.
Disposal of unclaimed property of deceased seamen
171. (1) Where no claim to the property of a deceased seaman or apprentice received by a Shipping Master is substantiated within one year from the receipt thereof by such Shipping Master, the Shipping Master shall cause such property to be sold and pay the proceeds of the sale into the public treasury.
 
 
(2) If, after any money had been so paid into the public treasury, any claim is made thereto, then if the claim is established to the satisfaction of the Shipping Master, the amount, or so much as shall appear to be due to the claimant, shall be paid to him, and if the claim is not so established, it shall be rejected and the claimant may thereupon apply by petition to the Supreme Court which shall, after taking evidence either orally or on affidavit, make such order on the petition as shall seem just:
 
 
 
 
Provided that, after the expiration of six years from the receipt of such property by the Shipping Master, no claim to such property shall be entertained by the Shipping Master without the sanction of the Government.
Power to make rules
172. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.
 
 
 
 

Chapter 14

DISTRESSED SEAMEN

Application of Chapter to apprentices
173. This Chapter shall apply to apprentices as it applies to seamen.
Power to make rules with respect to distressed seamen
174. The Government may make rules with respect to the relief, maintenance, and return to a proper return port, of ship wrecked seamen and of seamen found otherwise in distress at any place outside Bangladesh, and with respect to the circumstances in which, and the conditions subject to which, seamen may be relieved, and provided with passages, and generally for carrying out the purposes of this Chapter ; and a distressed seaman shall not have any right to be relieved, maintained or sent to a proper return port except in the cases and to the extent and on the conditions provided for in such rules.
Relief and maintenance of distressed seamen
175. (1) The Bangladesh Consular Officer at or near the place outside Bangladesh where a seaman is in distress shall, on application being made to him by or on behalf of the distressed seaman, provide, in accordance with rules made in this behalf, for the return of the seaman to a proper port and also for his necessary clothing and maintenance until his arrival at such port.
 
 
(2) Where any expenses other than excepted expenses are incurred by or on behalf of the Government on account of a distressed seaman either for his maintenance, necessary clothing, conveyance to a proper return port, or in case of death, for his burial, or otherwise in accordance with this Ordinance, those expenses, together with the wages, if any, due to the seaman, shall be a charge upon the ship, whether a Bangladesh ship or not, to which the distressed seaman belonged, and shall be a debt due to the Government from the master of the ship, or from the owner of the ship for the time being, or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss, or where the ship has been transferred to some person not being a citizen of Bangladesh, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and also, if the ship be a ship other than a Bangladesh ship, from the person, whether principal or agent, who engaged the seamen for service in the ship.
 
 
 
 
(3) All excepted expenses incurred by or on behalf of the Government in accordance with the provisions of this Ordinance shall constitute a debt due to the Government for which the seaman in respect of whom they were incurred and the owner or agent of the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable; and the owner or agent shall be entitled to recover from the seaman any amount paid by the owner or agent to the Government in settlement or part settlement of such debt, and may apply to the satisfaction of claim so much as may be necessary to any wages due to the seaman.
 
 
 
 
(4) All excepted expenses incurred in accordance with the provisions of this Ordinance in respect of any distressed seaman by the owner or agent of the ship to which the seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner or agent for which the seaman shall be liable; and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman, but shall not be entitled to recover from the seaman any repatriation expenses other than excepted expenses.
 
 
(5) In any proceedings for the recovery of any expenses which in terms of sub-section (2) or sub section (3) are a debt due to the Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Ordinance by or on behalf of the Government.
 
 
 
 
(6) Any debt which may be due to the Government under this section may be recovered by any Officer authorised by it in writing in this behalf from the person concerned in the same manner in which wages may be recovered by seamen.
 
 
 
 
(7) For the purpose of this section, “excepted expenses” are expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Government is otherwise satisfied, that the cause of the seaman being left behind is desertion, or disappearance, or imprisonment for misconduct, or discharge from the ship on the ground of misconduct, or otherwise due to the fault of the seamen.
Mode of providing for return of seamen to proper return port
176. (1) A seaman may be sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly by anyone and partly by any other of these modes.
 
 
 
 
(2) Provision shall be made for the return of the seaman as to the whole of the route if it is by sea, or as to any part of the route which is by sea, by placing the seaman on board a Bangladesh ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, whether a Bangladesh ship or not, or with the money for his passage, and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses.
 
 
 
 
(3) Where the master of a ship is required under this Chapter to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seamen's passage or the expenses of his journey or of providing the seaman with means to pay his passage or those expenses, deposit with the Bangladesh Consular Officer such sum as that Officer considers sufficient to defray the expenses of the return of the seaman to a proper return port.
Receiving distressed seamen on ships
177. (1) The master of a Bangladesh ship shall receive on board his ship and afford passage and maintenance to all distressed seamen whom he is required by the Bangladesh Consular Officer to take on board his ship, and shall, during the passage, provide every such distressed seaman with accommodation equal to that normally provided for the crew of the ship and subsistence proper to the rank or rating of the said distressed seaman:
 
 
 
 
Provided that the master of the ship shall not be required to receive on board his ship a distressed seaman in terms of this section if the Bangladesh Consular Officer is satisfied that accommodation is not and cannot be made available for such seaman.
 
 
 
 
(2) If the master of any such ship, when required so to do under sub section (1), fails or refuses to receive on board his ship, or to give a passage of subsistence to, or to provide for, a distressed seaman, he shall, for each offence be punishable with fine which may extend to five thousand Taka.
Bangladesh Consular Officer to decide return port to which or route by which seaman is to be sent
178. If in any case, any question arises as to what return port a seaman is to be sent to or as to the route by which he should be sent, it shall be decided by the Bangladesh Consular Officer supervising the repatriation, and in deciding any such question, regard shall be had both to the convenience of the seaman and to the expense involved, and also where that is the case, to the fact that a Bangladesh ship which is in want of men to make up its complement is about to proceed to a proper return port.
Provisions as to taking distressed seaman on ships
179. (1) Where a distressed seaman is for the purpose of his return to a proper port placed on board a Bangladesh ship, the Bangladesh Consular Officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship particulars of the seaman so placed on board.
 
 
 
 
(2) On the production of a certificate signed by the Bangladesh Consular Officer by whose directions distressed seamen were received on board, specifying the number and the names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master stating the number of days during which each distressed seaman has received subsistence, the full complement of his crew and the actual number of seamen employed on board his ship and every
 
 
variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled to be paid in respect of the subsistence and passage of every seaman so conveyed and provided for by him, exceeding the number, if any, wanted to make up the complement of his crew, such sum for each day as the Government may, by rules made in this behalf, allow.
What shall be evidence of distress
180. In any proceeding under this Chapter, a certificate of the Government or of such officer as the Government may specify in this behalf to the effect that the seaman named therein is distressed shall be conclusive evidence that such seaman is a distressed seaman within the meaning of this Ordinance.
 
 

Chapter 15

PROVISIONS AND ACCOMMODATION FOR
SEAMEN AND THEIR HEALTH

Ships to have sufficient provisions and water
181. (1) All Bangladesh ships and all ships for which seamen have been engaged in Bangladesh shall have on board sufficient provisions and water of good quality and fit for consumption of the crew on the scale specified in the agreement with the crew.
 
 
 
 
(2) If any person making an inspection under section 191 finds that provisions or water are of bad quality and unfit for human consumption or deficient in quantity, he shall signify it in writing to the master of the ship, and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
 
 
 
 
(3) If the master does not thereupon provide other proper provisions or water in lieu of any so signified to be of bad quality and unfit for human consumption, or does not procure the requisite quantity of any provisions or water so signified to be deficient in quantity or uses any provisions or water so signified to be of bad quality and unfit for human consumption, he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
 
 
 
 
(4) The person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the Shipping Master, send a report thereof to the Shipping Master and that report shall be admissible in evidence in any legal proceeding.
 
 
(5) If the inspection was made in pursuance of a request by members of the crew and the person making the inspection certified in the statement of the result of the inspection that there was no reasonable ground for the request, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.
 
 
 
 
(6) If a master fails to furnish provisions to a seaman in accordance with the agreement entered into by him, and the Court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for human consumption, such master shall, for each offence, be punishable with fine which may extend to five thousand Taka.
 
 
 
 
(7) Nothing in sub section (6) shall affect any claim for compensation under section 182.
Allowance for short or bad provisions
182. (1) Where, during the voyage, the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or where it is shown that any of those provisions are or have, during the voyage, been bad in quality or unfit for human consumption, the seaman shall receive by way of compensation for such reduction or bad quality calculated with reference to the duration of its continuance such sums as may be prescribed; and the compensation shall be in addition to, and be recoverable as, wages.
 
 
 
 
(2) If it is shown to the satisfaction of the Court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the Court shall take those circumstances into consideration and modify or refuse the compensation as the justice of the case requires:
 
 
 
 
Provided that, if the amount of compensation claimed does not exceed five hundred Taka in respect of any one seaman, the Shipping Master may, on application of either party, settle the compensation as if it were a dispute submitted to him under section 148 and the decision of the Shipping Master in the matter shall be final.
Bangladesh foreign going ships to carry duly certificated cooks
183. (1) Every Bangladesh foreign going ship going to sea from any port or place in Bangladesh shall be provided with and carry a duly qualified cook.
 
 
 
 
(2) A cook shall not be deemed to be duly qualified within the meaning of this section unless he is a qualified cook according to the provisions of an order made in this behalf under section 81
Medicines to be provided and kept on board certain ships
184. (1) All Bangladesh ships shall have always on board a sufficient supply of medicines and appliances suitable for diseases and accidents likely to happen on sea voyages according to such scale as the Government may, from time to time, by notification in the official Gazette, fix in respect of a ship or class of ships.
 
 
 
 
(2) Every such ship shall also carry such medical guide containing instructions for dispensing the medicines and using the appliances as may be approved by the Government.
 
 
 
 
(3) The Government may, by notification in the official Gazette, make rules for the proper maintenance and care of medicine chests, their contents, and their regular inspection.
 
 
 
 
(4) The master of a ship in respect of which the provisions of this section or of any rules made thereunder are contravened shall, for each offence, be punishable with fine which may extend to two thousand Taka.
Certain ships to carry Medical Officers
185. (1) Every foreign going ship carrying one hundred persons including the crew, or upwards shall have on board as part of her complement a Medical Officer possessing such qualifications as may be prescribed.
 
 
 
 
(2) If any such ship does not carry on board a duly qualified Medical Officer, the ship shall be detained until such Medical Officer is provided.
 
 
 
 
(3) Nothing in this section shall apply to a special trade passenger ship.
Weights and measures on board
186. (1) The master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles in the presence of witnesses whenever dispute arises about the quantities.
 
 
(2) If the master of a ship fails, without reasonable cause, to comply with sub section (1), he shall, for each offence, be punishable with fine which may extend to two thousand Taka.
Expenses of medical attendance in case of illness
187. (1) If the master of, or a seaman or apprentice belonging to, a Bangladesh ship, receives any hurt or injury or suffers from any illness, not being a hurt, injury or illness due to his own wilful act or default or to his own misbehaviour, resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical and medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment, and of his conveyance to that port, and in case of death, the expenses, if any, of his burial or cremation shall be defrayed by the owner of the ship without any deduction on that account from his wages.
 
 
 
 
(2) If the master, seaman or apprentice is, on account of any illness or injury, temporarily removed from his ship, at a port other than his proper return port, for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal and of providing the necessary surgical and medical advice, attendance and treatment and medicine and of his maintenance while away from the ship, shall be defrayed in like manner.
 
 
 
 
(3) The expenses of all medicines, surgical and medical advice, attendance and treatment, given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner.
 
 
 
 
(4) In all other cases, any reasonable expenses duly incurred by the owner for any master, seaman or apprentice in respect of illness, shall, if proved to the satisfaction of the Bangladesh Consular Officer or a Shipping Master, be deducted from the wages of the master, seaman or apprentice, as the case may be.
 
 
 
 
(5) Where any expenses referred to in sub sections (1), (2) and (3) have been paid by the master, seaman or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are paid by the Government, the amount shall be a charge upon the ship and may be recovered with full costs of suit by the Government.
Power to make rules with respect to crew accommodation, etc
188. (1) The Government may, by notification in the official Gazette, make rules with respect to the crew accommodation to be provided in ships; and different provisions may be made for different classes of ships and different classes of persons.
 
 
 
 
(2) In Particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the minimum space for each person which must be provided in any ship to which the rules apply by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom any specified part of such sleeping accommodation may be used;
 
 
 
 
(b) the position in any such ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnishing of any such accommodation;
 
 
 
 
(c) the submission to such authority as may be specified in this behalf of plans and specifications of any works proposed to be carried out for the provision or alteration of any such accommodation and the empowering of that authority to inspect any such works;
 
 
 
 
(d) the maintenance and repair of any such accommodation and the prohibition or restriction of the use of any such accommodation for purposes other than those for which it is designed; and
 
 
 
 
(e) the manner as to how ships registered or under construction at the commencement of any such rules may be dealt with after such commencement.
 
 
 
 
(3) If any person making an inspection under section 189 finds that the crew accommodation is insanitary or is not in accordance with the provisions of this Ordinance, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
 
 
Explanation. In this section, the expression “crew accommodation” includes sleeping rooms, mess room, sanitary accommodation, hospital accommodation, recreation accommodation, store rooms and catering accommodation provided for the use of seamen, not being accommodation which is also used by or provided for the use of, passengers.
 
 
 
 
(4) The Government may exempt any ship or class of ships from the requirements of any rules made under this section either absolutely or subject to such conditions as it may consider fit.
Inspection of crew accommodation when a ship is registered or re registered
189. Whenever a ship to which the rules made under section 188 apply is registered or re registered in Bangladesh or the crew accommodation of a ship has been substantially altered or reconstructed, or a complaint in respect of crew accommodation has been made in accordance with the rules, and on such other occasion as may be required under the rules, a Surveyor shall inspect the crew accommodation and satisfy himself that the requirements of crew accommodation have been duly complied with.
Bedding, towels, etc. to be provided
190. (1) The owner of every Bangladesh foreign going ship, home trade ship, coasting ship and of every Bangladesh passenger ship shall supply or cause to be supplied to every seaman for his personal use such clothing, bedding, towels, mess utensils and other articles of such quality and according to such scales as may be prescribed.
 
 
 
 
(2) If any requirement of sub section (1) is not complied with in the case of any ship, the owner thereof shall be punishable with fine which may extend to two thousand Taka, unless he proves that the non compliance was not caused by his inattention, neglect or wilful default.
Inspection of provisions, water, medicines, etc.
191. (1) For the purpose of ascertaining whether a ship is provided as is required by or under this Ordinance with the provisions and water, the medicines and appliances, the weights and measures and the crew accommodation, a Shipping Master, Surveyor, Seaman's Welfare Officer, Port Health Officer, Bangladesh Consular Officer or other Officer empowered in this behalf by the Government at any port, may, at any time, in the case of a Bangladesh ship or any ship upon which seamen have been shipped at that port, and shall, in the case of the master or not less than three of the crew of a Bangladesh ship making a request for the purpose, enter on board and inspect the ship.
 
 
 
 
(2) If the person making an inspection under sub section (1) finds that the matters referred to therein have not been provided in accordance with the requirements of this Ordinance, he shall signify it in writing to the master and the ship may be detained until the deficiencies are supplied and defects are remedied.