Wsdindex.html Maritime Transport Laws

Pakistan Merchant Shipping Ordinance, 2001 (Pt. 3 of 14)

Status: In force

19.          Record of orders affecting certificates.—A note of all orders made under this Ordinance for suspending, canceling, altering or otherwise effecting any certificate of competency shall be entered on the copy of the certificate kept by the Federal Government.

20.          Loss of certificate.—Whenever a master, mate, or engineer proves to the satisfaction of the Federal Government that he has, without any fault on his part, lost or been deprived of a certificate of competency granted to him under this Ordinance, the Federal Government shall, on payment of the prescribed fee, if any, cause a copy of the certificate, to which by the record kept in accordance with this Ordinance he appears to be entitled, to be granted to him, and such copy shall have all the effect of the original.

21.          Recognition of certificates of competency granted in other countries.—Where the law in force in a foreign country provides for the examination of, and grant of certificates of competency to persons intending to act as masters, mates or engineers on board ships, and the Federal Government is satisfied that—

(a)          the examinations are so conducted as to be equally efficient with the examinations for the same purpose in Pakistan under this Ordinance;

(b)          the certificates are granted on such principles as to show the like qualifications and competency as those granted under this Ordinance;

(c)           the certificates are liable to be cancelled or suspended for like reasons and in like manner as those granted under this Ordinance; and

(d)          the certificates granted under this Ordinance are accepted or recognized in that foreign country as equivalent to the corresponding certificates granted under the law of that country, the Federal Government may, by notification in the official Gazette, declare that any certificate of competency granted under the laws in force in that foreign country and specified in notification, shall, subject to such conditions, if any, as the Federal Government may think fit to impose, be recognized as equivalent to the corresponding certificates of competency granted under this Ordinance, and that all or any of the provisions of this Ordinance relating to certificates of competency granted under this Ordinance shall apply to such certificates.

22.          Restriction on employment of aliens.—Notwithstanding the provisions of section 100, no person, who is not for the time being a citizen of Pakistan, shall be employed to act as master, mate or engineer of any Pakistani ship except with the previous permission in writing of the Federal Government and in giving such permission the Federal Government may impose such conditions as to duration of employment or otherwise as it may think fit.

23.          Production of certificates and other documents of qualifications.—Any person serving or engaged to serve in any ship to which this section applied and holding any certificate or other document which is evidence that he is qualified for the purposes of this Ordinance, shall on demand produce it to any shipping master, surveyor or proper officer, and if he is not himself the master, to the master of the ship and if he fails to do so without reasonable cause he shall be liable on summary conviction to a fine which may extend to ten thousand rupees.

24.          Power to cancel or suspend certificates.—If it appears to the Federal Government that the holder of a certificate of competency granted under this Ordinance has obtained it on false or erroneous information, it may, without prejudice to any other penalty to which such holder may be liable, cancel or suspend such certificate:

25.          Provided that no order under this section shall be passed by the Federal Government unless the person concerned has been given an opportunity of making a representation against the proposed order.

26.          Penalty.—If any person:-

(a)          forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any certificate of competency or an official copy of any such certificate; or

(b)          makes, assists in making, or procures to be made 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:

(e)          he shall, for each offence, be punishable with imprisonment which shall not be less than three months and fine which may extend to five hundred thousand rupees,

27.          Power to make rules as to grant of certificates of competency.—The Federal Government may, by notification in the official Gazette, make rules to regulate the grant of certificates of competency and the endorsement thereon under this Ordinance and may be such rules.—

Provide for the conduct of the examination of persons desirous of obtaining certificates of competency as masters, mates, engineers, ratings and the endorsements thereon;

(a)          prescribe the qualifications required of persons for the grant of certificates of competency and the endorsements thereon;

(b)          fix the fees to be paid by applicants for examinations or for the issue of duplicate certificates;

(c)           prescribe the form of such certificates and the manner in which copies thereof are to be kept and recorded; and

(d)          any other matter which it is necessary to prescribe.

CHAPTER 7

APPRENTICESHIP TO SEA SERVICE

1.            Assistance for apprenticeship to sea service.—All Shipping Masters shall give to persons desirous apprenticing boys not under seventeen years of age for training to the sea service or requiring apprentices not under that age for the sea service, such assistance as may be in their power, and may receive from those persons such fees as may be prescribed.

2.            Special provisions as to apprenticeship to sea service.—The apprenticeship of any boy to the sea service shall be by contract in writing between the apprentice or, if he is minor, his guardian on his behalf, and the persons taking the apprentice.

3.            Every contract under sub-section (1) shall be executed in duplicate in such form and in such manner as may be prescribed.

4.            Every such contract made in Pakistan and every assignment or cancellation thereof, and where the apprentice bound deserts or dies the fact of the desertion or death shall be recorded in the manner provided in section 108.

5.            Manner in which contract, etc. is to be recorded.—The person to whom an apprentice to the sea service is bound for the purpose of the record, shall:—

(a)          transmit to the Shipping maser both copies of the contract within seven days of the execution thereof and the Shipping Master shall record one copy and endorse the fact that it has been so recorded on the other and return the same to such person; and

(b)          notify to the Shipping Master any assignment or cancellation of the contract and the desertion or death of the apprentice, within seven days of its occurrence, if it occurs within Pakistan, or as soon as circumstances permit, if it occurs elsewhere.

(c)           if any person fails to comply with any of the requirements of sub-section (1), he shall, for each offence, be liable to a fine which may extend to five thousand rupees,

6.            Production of contracts to persons before voyage in ship.—The master of a ship shall, before carrying an apprentice to sea from a port or place in Pakistan, cause the apprentice to appear before the Shipping Master before whom the crew are engaged, and shall produce to him the contract by which the apprentice is bound and every assignment thereof.

7.            The name of the apprentice, with the date of the contract and of the assignments thereof, if any, and the names of the ports at which the same have been registered shall be entered on the agreement with the crew.

8.            If a master fails, without reasonable cause, to comply with any of the requirement of this section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

CHAPTER 8

EMPLOYMENT OF YOUNG PERSONS

1.            Employment of young persons.—No 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;

(b)          in a ship in which all persons employed are members of one family; or

(c)           where such person is to be employed on nominal wages and shall be under the protection of his father or other adult near male relative.

2.            Engagement of young persons as trimmer or stoker.—Save as otherwise provided in sub-section (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or stoker in any ship.

3.            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 or carrying to sea of a young person over sixteen years of age to work as a trimmer or stoker on a home trade ship in accordance with the prescribed conditions.

4.            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.

5.            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.

6.            Medical examination of young persons.—Save as otherwise provided in 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 authority that the young person is physically fit to be employed in that capacity.

7.            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 authorized a young person to be engaged and carried to sea, without certificate required by sub-section (1) being delivered to the master, and 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).

8.            A certificate of physical fitness required by sub-section (1) shall remain in force for two years only from the date on which it is granted.

9.            The Shipping Master may require the master of any ship to produce for inspection any medical certificate delivered to him under sub-section (1).

10.          Penalty for false representation by parent or guardian.—If any young person is engaged to work in any capacity in a ship in contravention of section 110, section 111, or section 112, 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 liable to a fine which may extend to five thousand rupees.

11.          Penalty for contravention of section 110, 111 and 112.—If any young person is carried to sea to sea to work in contravention of section 110, section 111 or section 112 or if any master refuses or neglects to produce for inspection any certificate of physical fitness delivered to him, when required so to do, under sub-section (4) of section 112 he shall, for each such offence, be liable to a fine which may extend to five thousand rupees.

12.          Maintenance of list or register of young persons in a ship and penalty for failure to maintain or produce for inspection register of such persons.—

13.          There shall be included in every agreement with the crew of every ship whether a Pakistani ship or not, which engages young persons in Pakistan a list of young persons who are members of the crew, together with particulars of the dates of the 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.

14.          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).

15.          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 liable to a fine which may extend to five thousand rupees.

16.          Power to make rules.—The Federal 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 physical fitness shall be accepted for the purposes of section 112; and

(d)          the form of the register of young persons to be maintained in ships where there is no agreement with the crew.

CHAPTER 9

ENGAGEMENT OF SEAMEN

1.            Rules relating to engagement of seaman and maritime labour:—

(a)          subject to the other provisions of this Ordinance, the Federal Government may, by notification in the official Gazette, make rules regulating the engagement of seamen and other matters affecting maritime labour generally so far as they relate to Pakistani ships.

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 maritime services and welfare 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 books and other forms to them; and

(c)           the principles and procedure to be followed by ship owners in engaging and promoting seamen.

3.            Supply of seamen in contravention of this Ordinance prohibited.—A person shall not engage, supply or employ for the purpose of engaging or supplying a seaman to be entered on board any Pakistan ship unless that person is the owner or master of the ship or is bona fide servant and in the constant employment of owner, or is a shipping Master or Deputy Shipping Master or an agent licensed under section 119.

4.            A person shall not receive or accept to be entered on board any Pakistani ship any seaman if that person knows that the seaman has been engaged or supplied in contravention of sub-section (1).

5.            If a person contravenes the provisions of sub-section (1) or sub-section (2) he shall, for each offence, be liable to a fine which may extend to one hundred thousand rupees.

6.            Manning agent.—No person shall act in Pakistan as manning agent unless it is a company licensed as a manning agent with the Federal Government.

7.            The Federal Government may, by notification in the official Gazette, make rules specifying conditions of the manning agent.

8.            Seamen to be in possession of seamen’s service book.—No person shall engage any Pakistani seaman at any port or place in Pakistan except in a coasting ship of a gross tonnage of less than two hundred so long as such coasting ship is employed on voyages confined to ports or places within the same Province unless the seaman is in possession of a seamen’s service book issued in Pakistan by a Shipping Master in a form as may be prescribed, or a valid Pakistan international passport.

9.            If a person engages any seaman in contravention of sub-section (1), he shall, for each offence, be liable to a fine which may extend to ten thousand rupees.

10.          Loss of seamen’s service book.—Whenever a seaman proves to the satisfaction of a Shipping Master that the continuous discharge certificate issued to him has, without any 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.

11.          Cancellation of seamen’s service book.—Notwithstanding anything contained elsewhere in this Ordinance, the Shipping Master may suspend, cancel, or confiscate the seamen’s service book 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, misbehavior or is in breach of agreement or such other offence as may, in the opinion of the Shipping Master, make him unsuitable for employment on board a ship.

12.          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 Federal Government.

13.          An appeal under sub-section (2) shall be preferred and disposed of in such form and manner as may be prescribed.

14.          Certificate of physical fitness.—No person shall engage any Pakistani seaman other than master and officers at any port or place in Pakistan, nor carry to sea any such seaman other than master and officer in any ship from any such port or place unless the seaman, other than master and officers, are in possession of a certificate in the prescribed form issued by the prescribed authority to the effect that he is physically fit to be employed in the capacity in which he is to serve.

15.          The Federal Government may make rules for carrying into effect the provisions of this section and the rules so made may provide for:—

(a)          the standard of physical 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 physical fitness and the period of their validity; and

(d)          the medical authority by whom a seaman who has been refused a certificate of physical fitness in the first instance may be re--examined, and the fee payable for such re-examination.

16.          If any person engages or carries any seaman in contravention of sub-section (1), he shall, for each offence, be liable to a fine which may extend to ten thousand rupees.

17.          An owner, master or agents may, prior to engaging a seaman who is in possession of a valid certificate of physical fitness, have him examined by any registered medical practitioner.

18.          Rules relating to safe manning.—The Federal Government may, by notification in the official Gazette, make rules regulating the issuance of minimum safe manning certificate to ships of any class or type, provided any shortage of the officers or ratings listed in such certificate owing to unavoidable circumstances during a voyage shall not render her undermanned for the purposes of this ordinance until the voyage is completed.

19.          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 rating of seamen other than officers;

(b)          the minimum and maximum age limits, 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, daily consumption of fuel, number of passengers she is certified to carry and the life saving appliances carried thereon.

20.          Agreement with crew.—The master of every Pakistani ship, except a coasting ship of a gross tonnage of less than two hundred so long as such coasting ship is employed on voyages confined to ports or places within the same Province, shall enter into an agreement in accordance with this Ordinance with every seaman whom he engages at, and carried to sea as one of his crew from, any port or place in Pakistan.

21.          The master of a ship who neglects or fails to enter an agreement required by sub-section (1), shall, for each offence, be liable to fine which may extend to ten thousand rupees.

22.          Forms and contents of agreement.—An agreement with the crew made under section 125 shall be in the form approved by the Federal 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 agents before the master signs it and by the master before the seaman is on board.

23.          An agreement with the crew made under section 125 shall contain as terms thereof the following particulars, namely:—

(a)          the name of the ship 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 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 being 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 or provision or other lawful punishments for misconduct, which have been sanctioned by the Federal 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 on in course of employment;

(i)            where it is agreed that the services of any Pakistani seaman shall end at any port or place outside Pakistan, a stipulation to provide him either 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 Pakistan 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.

24.          The agreement with the crew made under section 125 shall provide that in the event of a dispute arising outside Pakistan in respect of any matter touching the agreement, such dispute shall be referred to the Pakistan consular officer whose decision thereon shall be binding on the parties until the return of the ship to the port or place in Pakistan at which the seaman is to be discharged the agreement with the crew made under section 125 shall be so framed as to admit of such stipulations, to be adopted at the will of the master and seamen in each case respecting the advance of wages or 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;

25.          If a master enters into an agreement with any seaman for a scale of provisions less tan the prescribed scale he shall, for each offence, be liable to a fine which may extend to ten thousand rupees.

26.          Engagement in Pakistan of seamen for foreign ships.—If the master, owner or agent of a foreign ship engages seamen from any port or place in Pakistan, it shall not be necessary for such seaman to enter into an agreement under section 125 of this Ordinance.

27.          Special provisions with regard to agreements with crew of Pakistani foreign-going ships.—The following provisions shall have effect with respect to the agreement with the crew made in Pakistan in the case of Pakistani foreign-going ships, namely:—

(a)          the agreement shall, subject to the provisions of this Ordinance, as to substitute, 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 its, 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 has 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 Pakistan before the final termination of a running agreement, the master shall discharge or engage before the 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 shall, if the provisions of this Ordinance relating to agreements have been complied with, sign the endorsement and return the agreement to the master.

28.          A running agreement shall not extend beyond the expiration of the period of six months form the date on which it was executed, or beyond the first arrival of the ship at her port or place of destination in Pakistan 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 Pakistan 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 Pakistan:

Provided further that every such agreement shall, in addition to any other particulars required by law, contain such stipulations, as the Federal 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 Pakistan, and for other purpose; on the termination of the agreement at a port or place outside Pakistan under the foregoing proviso.

29.          If any master willfully makes a false statement in any such endorsement as is referred to in clause (f) of sub-section (1), he shall, for each offence, be liable to a fine which may extend to ten thousand rupees.

30.          Renewal of running agreements in certain cases.—When a running agreement has been made with the crew of a foreign-going Pakistani 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 Pakistan 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 may 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 Pakistan at which the crew have agreed to be discharged.

31.          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 Federal Government for the subsistence of the crew and their conveyance to the port or place at which they have agreed to be discharged shall be a charge upon the ship, and shall be recoverable as if they were expenses incurred in respect of distressed seamen under the provisions of this Ordinance .

32.          Special provisions as to agreements with crew of home trade or coasting ships.—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 125, not being a ship engaged exclusively on the work of any harbour, pilotage or local authority, shall be made for a single ship and the crew engaged before a Shipping Master as provided in this Ordinance for foreign-going ships; and such agreement may be made to extend over two or more voyages so that it shall terminate either within six months of the date on which it was executed or on the first arrival of the ship at her port or place of destination in Pakistan after the expiry of that period or on discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest:-

Provided that if such agreement expires while the ship is not in a port or place in Pakistan, the agreement shall remain in force until the ship is again in such port of place;

(b)          an agreement, if any for service in coasting ship for which an agreement is not required by section 125 shall not extend beyond the next following the thirtieth day of June or the thirty-first day of December or the first arrival of the ship at her final port or place of destination in Pakistan after such date, or the discharge of cargo consequent on such arrival; and

(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.

33.          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 Federal 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 the thirtieth day of June or the thirty-first day December.

34.          Change in crew to be reported.—The master of every Pakistani ship the crew of which has been engaged before a Shipping Master shall, before finally leaving Pakistan, sign and send to the nearest Shipping Master a full and accurate statement in the form sanctioned by the Federal Government, of ever change which takes place in his crew before finally leaving Pakistan, and that statement shall be admissible in evidence.

35.          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.

36.          If any master fails without any reasonable cause to comply with the requirements of sub-section (1), he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

37.          Certificates as to agreements with crew of foreign going and home trade ships.—In the case of a Pakistani foreign going ship or a Pakistani 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 Pakistani 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 the effect.

38.          The master of every such ship as aforesaid shall, before proceeding to sea, produce that certificate to the Customs Collector whose duty is to grant a port clearance.

39.          No Customs Collector shall clear any such ship outwards without production of such certificate; and, if any ship attempts to go to sea without a clearance, the Customs Collector may detain her until the certificate is produced.

40.          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 no Custom Collector shall clear any such ship in wards without the production of such certificate.

41.          If any master fails, without reasonable cause, to comply with any of the provisions of this section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

42.          Certificate as to agreement with crew of coasting ship.—The master or owner of a Pakistani 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 Pakistan within that period, within forty-eight hours of her next arrival at a port or place in Pakistan, deliver to a Shipping Master in Pakistan every agreement made within the six months next preceding such days respectively.

43.          The Shipping Master on receiving such agreement shall give the master or owner of the ship a certificate to that effect; and no Customs collector shall 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 Customs Collector may detain her until the certificate is produced.

44.          Any master or owner, who fails, without reasonable cause, to comply with any of the provisions of this section shall, for each offence, be liable to a fine which may extend to five thousand rupees.

45.          Copy of agreement with crew to be made accessible to the crew.—The master shall, at the commencement of every voyage of 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 a part of the ship to be accessible to the crew.

46.          Any master who fails, without reasonable cause, to comply with the provisions of sub-section (1) shall, for each offence, be liable to a fine which may extend to five thousand rupees.

47.          Alteration in agreement with the crew.—Every erasure, interlineations 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, interlineations or alteration by the written attestation, if made in Pakistan, of some Shipping Master, or, if made elsewhere, of a Pakistan consular officer.

48.          List of crew to be furnished to Shipping master.—The master or owner of every Pakistani ship, not being a ship engaged exclusively on the work of any harbor, pilot age or local authority, and the master of every ship, other than a Pakistani ship, while in a port or place in Pakistan, 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 form may be prescribed for different classes of ships.

49.          The list of crew relating to a ship, except a Pakistani 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.

50.          The list of crew relating to a Pakistani coasting ship shall be delivered or transmitted by the master or owner to a Shipping Master in Pakistan 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 any such ship may be detained, and shall not be cleared in wards by the Customs Collector until the certificate is produced.

51.          Any master or owner, who fails, without reasonable cause, to comply with any of the provisions of this section shall, for each offence, be liable to a fine which may extend to five thousand rupees.

52.          Power to prohibit engagement of specified Pakistani seamen.—The Federal Government or an officer authorized by it in this behalf may, by order in writing, stating the reason thereof, prohibit any person from engaging, in Pakistan or in any specified part thereof, any citizen of Pakistan or any person domiciled in Pakistan to serve as a seaman on any ship specified in such order.

53.          Power to board ships and muster seamen.—For the purpose of preventing seamen from being taken on board any ship at any port in Pakistan contrary to the provisions of this ordinance, any Shipping Master or Deputy 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 seamen employed therein.

54.          If the master or any other person obstructs any Shipping Master or Deputy Shipping master in the execution of his duty under this section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

55.          Forged seamen’s service book.—If any person who:—

(a)          forges any seamen’s service book or certificate of physical fitness, or a copy of any such certificate; or

(b)          fraudulently alters any entry in any seamen’s service book or a certificate of physical fitness; or

(c)           fraudulently uses any seamen’s service book or certificate of physical fitness which is forged or altered or does not belong to him, he shall, for each offence, be liable to a fine which may extend to fifty thousand rupees.

CHAPTER 10

DISCHARGE OF SEAMEN

1.            Discharge of seamen before Shipping Master.—When a seaman serving in a foreign going ship or home trade ship is, on the termination of his engagement, discharged in Pakistan, he shall, whether the agreement with the crew be an agreement for the voyage or a running agreement, be discharged in he 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 Pakistani coasting ship for which an agreement is required under this Ordinance as they apply in relation to the discharge of seamen serving in a foreign going ship or home trade ship.

3.            Provided that this sub-section shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 128 for service in two or more ships for the purpose of being engaged in another ship to which the agreement relates.

4.            If the master or owner of a Pakistani 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.

5.            If any master, owner or owner’s agent acts in contravention of any of the provisions of this section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

6.            Entries to be made in seamen’s service book and return of certificates of competency to Officers on discharge.—If a seaman is discharged from a ship in Pakistan, either on his discharge or on payment of his wages, the master shall enter in the seamen’s service book, discharge of the seaman under his signature and particulars specifying the period of the seaman’s service and the date of and place of his discharge.

7.            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.

8.            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 liable to a fine which may extend to ten thousand rupees;

9.            Discharge of a seaman abroad.—When the master of a Pakistani ship discharges a seaman at any port of place outside Pakistan, except at a port or place in a country in which the seaman was engaged, the provisions of this Ordinance respecting the discharge of seaman in Pakistan shall apply subject to the following modification, namely:—

(a)          at a port or place having a Pakistani consular officer:—

(b)          the master shall not discharge a seaman except with the previous sanction of the Pakistan 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.

(c)           the Pakistan consular officer to whom an application is made for sanction under clause (i) shall examine the grounds on which the seaman is proposed to be discharge, and may grant or refuse sanction as he thinks just, but shall not unreasonably refuse such sanction; and

(d)          if a copy of the report as required by sub-section (1) of section 141 is endorsed on the seaman’s continuous discharge certificate, the Pakistan consular officer shall verify the same; and

(e)          at a port or place where there is no Pakistan 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 as required by sub-section (1) of section 141.

10.          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 in the form sanctioned by the Federal Government of the seaman so discharged.

11.          If a master acts in contravention of this section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

12.          Discharge of seamen and apprentices on change of ownership.—Where a Pakistani ship is transferred or disposed of at any port or place outside Pakistan, 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 Pakistan consular officer to complete the voyage of the ship if continued.

13.          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 services of the seaman or apprentice had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement.

14.          Transmission of documents on transfer of seaman from one ship to another.—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.

15.          If the master fails, without reasonable cause, to comply with sub-section (1), he shall, for each offence, be liable to a fine which may extend to five thousand rupees.

16.          Repatriation of seamen and apprentices on termination of service abroad.—When the service of a seaman or apprentice terminates, without the consent of the seaman or apprentice at a port or place outside Pakistan, 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 under 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.

17.          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 Pakistan consular officer, be regarded as expenses falling within the provisions of sub-section (2) of section 181.

 

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