Malaysia legislation

Section 131

of MERCHANT SHIPPING ORDINANCE (AMENDMENT) ACT 2016

Section 131

(2)

Without prejudice to the generality of subsection (1), the Minister may make rules for­—

(a)

matters relating to the property and body of the deceased seafarer on board a ship;

(b)

matters relating to the relief, maintenance and repatriation of seafarers employed on board a ship;

(c)

matters relating to the fees to be paid for anything to be done or permitted to be done under this Part;

(d)

matters relating to the Appeal Committee;

(e)

matters relating to the inspection of any ship;

(f)

matters relating to the detention of any ship;

(g)

matters relating to the seafarer’s certificate;

(h)

matters relating to the Declaration of Maritime

Compliance, Maritime Labour Certificate and Interim Maritime Labour Certificate;

(i)

matters relating to dispensation;

(j)

matters relating to the training of seafarers;

(k)

matters relating to the recognition of certificate issued by other countries or training institution;

(l)

matters relating to the manning of the ships;

(m)

matters relating to the employment of seafarer on board Malaysian ships;

(n)

matters relating to the operational, safety and security of the ship;

(o)

matters relating to the social, welfare and compensation scheme of seafarers including their procedures, contributions and disbursement;

(p)

matters relating to the Malaysian seafarer identity documents and seafarer record books;

(q)

matters relating to the Article of Agreement;

(r)

matters relating to the birth, death, accident and incident of missing person;

(s)

matters relating to the accommodation and recreational facilities on Malaysian ships;

(t)

matters relating to the provision of food and water;

(u)

matters relating to the medical requirements on board a ship or of seafarers, or medical expenses while serving on board a ship;

(v)

matters relating to the safety and welfare of the seafarer;

(w)

matters relating to the occupational safety and health;

(x)

matters relating to the disciplinary offences on board the ship;

(y)

matters relating to the stowaway; or

(z)

matters relating to person who supply seafarers to serve on board ships.

Merchant Shipping Ordinance (Amendment)

(3)

Subject to subsection (4), rules made under this section may provide for the imposition of fines not exceeding twenty thousand ringgit.

(4)

The rules made under this section relating to offences concerning the failure to dispose of the property of deceased seafarers in a prescribed manner may provide for the imposition of fines up to amounts not exceeding three times the value of such property.

(5)

The rules made under this section may make different provisions for different descriptions of ship or for ships of the same descriptions in different circumstances.

(6)

The rules made in respect of disciplinary matters relating to seafarers may include provisions for any proceedings under the rules to take place notwithstanding the absence of the seafarer to whom the proceedings relate, and nothing in the rules or done under such rules shall be construed as affecting any power to institute, prosecute, consider or determine proceedings including criminal proceedings, under any other written law.”.

New section 404a

Section 131 — AKTA ORDINAN PERKAPALAN SAUDAGAR (PINDAAN) 2016