Section 208: General offences against discipline.––If an officer, seaman or an apprentice commits

208. General offences against discipline.––If an officer, seaman or an apprentice commits any of the following offences (in this Ordinance referred to as offences against discipline) he shall, notwithstanding anything in the Code of Criminal procedure, 1898 (Act V of 1898), be liable to be tried in a summary way and punished as follows, namely— (i) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security he shall be liable to forfeit out of his wages a sum not exceeding one month's pay; (ii) if he is guilty of wilful disobedience to any lawful command, he shall be liable to forfeit out of his wages a sum not exceeding fourteen days' pay; (iii) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he shall be liable for every twenty-four hours' continuance of such disobedience or neglect, to pay a sum not exceeding one month's pay or any expenses which may have been properly incurred in hiring a substitute; (iv) if he assaults any person on board the ship, he shall be liable to a fine which may extend to ten thousand rupees; (v) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage he shall be liable to imprisonment for a term which may extend to one year, or fine which may extend to ten thousand rupees, or with both; (vi) if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her stores or cargo he shall be liable to imprisonment for a term which may extend to one year, or fine which may extend to ten thousand rupees or with both, and shall also be liable to forfeit out of his wages a sum equal to the loss thereby sustained; and (vii) if he is convicted of any act of smuggling whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.

Effective date: 2001-01-01

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