Section 142: Discharge of a seaman abroad

142. Discharge of a seaman abroad.—(1) When the master of a Pakistani ship discharges a seaman at any port or 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 modifications, namely:— (a) at a port or place having a Pakistani consular officer:— (i) 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; (ii) 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 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 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 (b) 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 dis- charge certificate the report as required by sub-section (1) of section 141. (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 in the form sanctioned by the Federal Government of the seaman so discharged. (3) 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.

Effective date: 2001-01-01

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