Ministry of Law, Justice and Parliament Affairs, Bangladesh.

Transcription

1 The Bangladesh Merchant Shipping Ordinance, CHAPTER 23 SAFETY CONVENTION CERTIFICATES 309. (1) Upon the receipt of a declaration of survey granted under Part V in respect of a passenger ship for which a Passenger Ship Certificate is required by that Part, the Government shall, if it is satisfied- (a) that the ship complies fully with the requirements of the rules made under section 296 and with the provisions of this Ordinance and the rules made under sections 299 and 308 applicable to such ship and is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, cause Passenger Ship Certificate to be prepared under section 247 in respect of the ship, or (b) that there is in force in respect of the ship an Exemption Certificate granted under section 313 and that the ship complies with all the requirements of clause (a) other than those from which the ship is exempt under that Certificate, cause a Qualified Passenger Ship Certificate to be prepared in respect of the ship, and the same to be delivered to the owner or master of the ship through the Principal Officer or such other officer as the Government may appoint in this behalf. (2) The Passenger Ship Certificate shall be in the form to be prescribed under section 259 and shall state that the ship complies with the requirements of the Convention. (3) The Qualified Passenger Ship Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the convention (1) If the Government is satisfied in respect of Bangladesh ship other than a passenger ship that the ship complies with the requirements of the rules made under section 299 applicable to such ship, and that the ship is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, the Government shall, on an application by the owner or master of the ship, cause to be issued- Qualified Passenger Ship Cargo Ship Equipment and Qualified Cargo Ship Equipment (a) if the ship complies fully with the aforesaid requirements, a Cargo Ship Equipment Certificate; and

2 458 The Bangladesh Merchant Shipping Ordinance, 1983 Cargo Ship Radio-telegraphy, etc. (b) if there is in force in respect of the ship an Exemption Certificate granted under section 313 and if the ship complies with all the aforesaid requirements other than those from which the ship is exempt under that Certificate and is properly provided with lights, shapes and means of making fog signals required by the Collision Regulations, a Qualified Cargo Ship Equipment Certificate. (2) The Cargo Ship Equipment Certificate shall be in the prescribed form and shall state that the ship complies with all the requirements of the Convention as to equipment and that she is provided with lights and means of making fog signals as required by the Collision Regulations. (3) The Qualified Cargo Ship Equipment Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the Convention as to equipment and that the ship is provided with lights, shapes and means of making fog signals required by the Collision Regulations (1) If the Government is satisfied in respect of a Bangladesh ship, other than a passenger ship, which is required by the provisions of section 303 to be provided with radio installation and which is intended to ply on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh that the ship complies with all the provisions as to radio installation and radio service applicable to such ship under Chapter 22, the Government shall, on an application by the owner or master of the ship, cause to be issued through the Principal Officer or such other officer as it may appoint in this behalf- (a) if the ship is provided with radio-telegraph equipment, a Cargo Ship Radio-telegraphy Certificate; (b) if the ship is provided with radio-telephone equipment, a Cargo Ship Radio-telephony Certificate; or (c) if there is in force in respect of the ship referred to in clause (a), an Exemption Certificate granted under section 313 and if the ship complies with all the aforesaid requirements other than those from which the ship is exempt under that Certificate, a Qualified Cargo Ship Radio-telegraphy Certificate.

3 The Bangladesh Merchant Shipping Ordinance, (2) The Cargo Ship Radio-telegraphy Certificate shall be in the prescribed form and shall state that the ship complies with such of the requirements of the Convention as to radio-telegraphy and radio direction-finding equipment as are applicable to the ship. (3) The Cargo Ship Radio-telephony Certificate shall be in the prescribed form and shall state that the ship complies with the requirements of the Convention as to radio-telephone equipment and radio service. (4) The Qualified Cargo Ship Radio-telegraphy Certificate shall be in the prescribed form and shall state in what respect the ship complies with requirements of the Convention as to radio installation (1) If the Government or a person authorised by it in this behalf is satisfied, on receipt of a declaration survey in respect of a Bangladesh ship to which section 297 applies that the ship complies with all the provisions of the rules made under section 298 and applicable to such ship and to such voyages as she is to be engaged on, the Government or such person shall, on the application of the owner, cause to be issued in respect of the ship- (a) if the ship is of not less than five hundred tons gross, a Cargo Ship Construction Certificate, and in any other case, a certificate showing that she complies with the said rules; or (b) if there is in force in respect of the ship an Exemption Certificate granted under section 313 and the ship complies with the aforesaid requirements other than those from which the ship is exempt under that Certificate, a Qualified Cargo Ship Construction Certificate. (2) The Cargo Ship Construction Certificate shall be in the prescribed form and shall state that the ship complies with such of the requirements of the Convention as to hull, equipment and machinery as are applicable to the ship. Cargo Ship Construction

4 460 The Bangladesh Merchant Shipping Ordinance, 1983 (3) The Qualified Cargo Ship Construction Certificate shall be in the prescribed form and shall state in what respects the ship complies with the requirements of the safety Convention as to hull, equipment and machinery. Exemption Duration of 313. The Principal Officer or an officer authorised by the Government in this behalf shall, on an application by the owner or master of any Bangladesh ship in regard to which the Government has made an order of exemption under the proviso to sub-section (1) of section 303 or under the proviso to sub-section (1) of section 304 or which is exempt from any of the provisions of the rules made under sections 296, 298, 299 or 308 issue in the prescribed form an Exemption Certificate in respect of such ship (1) A Passenger Ship Certificate, a Cargo Ship Radio-telegraphy Certificate, a Cargo Ship Radio-telephony Certificate or an Exemption Certificate stating that a ship is wholly exempt from the provision of the Convention relating to radio installation shall be in force for one year, and a Cargo Ship Equipment Certificate shall be in force for two years, and a Cargo Ship Construction Certificate shall be in force for five years, from the date of issue, or for such shorter period as may be specified in the Certificate: Provided that the Government may, by notification in the official Gazette, authorise the issue of a Cargo Ship Construction Certificate to remain in force for a period not exceeding six years. (2) Notwithstanding anything contained in sub-section (1), no Certificate shall remain in force after notice is given by the authority issuing the certificate to the owner or master of the ship in respect of which it has been issued that, that authority has cancelled or suspended the Certificate. (3) An Exemption Certificate issued in respect of a ship other than a certificate stating that the ship is wholly exempt from the provisions of the Convention relating to radio installation, shall be in force for the same period as the Qualified Passenger Ship Certificate, the Qualified Cargo

5 The Bangladesh Merchant Shipping Ordinance, Ship Equipment Certificate or the Qualified Cargo Ship Radio-telegraphy Certificate or the Qualified Cargo Ship Construction Certificate issued in respect of the ship. (4) The Government, or any person authorised by it in this behalf, may grant an extension of any Certificate issued under this Chapter in respect of a Bangladesh ship for a period not exceeding one month from the date on which the Certificate would, but for such extension, have expired, or, if the ship is absent from Bangladesh on that date, for a period not exceeding five months from that date. (5) Without prejudice to the powers of extension conferred by sub-section (4), where a Cargo Ship Construction Certificate is in force in respect of a ship and the Certificate was issued for a period shorter than five years, the Government or any person authorised by it for the purpose may, if satisfied on receipt of a declaration of survey in respect of the ship that it is proper to do so, grant on extension of the certificate for a period not exceeding one year, and not exceeding, together with the period for which it was issued and any period by which it was previously extended under this sub-section, the longest period for which it could have been issued in pursuance of a notification under the proviso to sub-section (1) If the ship, in respect of which a Passenger Ship Certificate is in force, or a Special Trade Passenger Ship Certificate and Special Trade Passenger Ship Space Certificate together with a Passenger Ship Certificate are in force, has on board in the course of a particular voyage a total number of persons which is less than the number for which life-saving appliances on the ship provide and less than the number stated in the Special Trade Passenger Ship Space Certificate, the owner or master of the ship may obtain from the authority who issued the certificate a memorandum to be attached to the Special Trade Passenger Ship Certificate or the Passenger Ship Certificate stating the total number of persons carried on the ship on that voyage and the modifications which may be made for the purpose of that voyage in the particulars with respect to life-saving appliances stated in the relevant certificate. Modification of Passenger Ship in respect of lifesaving appliances

6 462 The Bangladesh Merchant Shipping Ordinance, 1983 Acceptance of issued outside Bangladesh Issue of to ships of foreign countries 316. (1) For the purpose of the provisions of this Ordinance, the expression a valid Convention Certificate means a Certificate or complying with such of the rules made under sub-section (4) as are applicable in the circumstances. (2) Where there is produced in respect of any ship other than a Bangladesh ship a valid Convention Certificate, such Certificate shall, subject to the rules referred to in sub-section (4), be accepted as having the same force as the corresponding Certificate issued in respect of a Bangladesh ship. (3) Where a valid Convention Certificate is produced in respect of a passenger ship other than a Bangladesh ship and there is attached to the Certificate a memorandum which- (a) has been issued by or under the authority of the Government of the country to which the ship belongs, and (b) modifies, for the purpose of any particular voyage, in view of the number of persons carried on that voyage, the particulars stated in the certificates with respect to life-saving appliances, the certificate shall have effect for the purpose of that voyage as if it were modified in accordance with the memorandum. (4) With a view to determining the validity in Bangladesh of certificates purporting to have been issued in accordance with the Convention in respect of ships other than Bangladesh ships, the Government shall make such rules as appear to it to be necessary The Government may, at the request of the Government of a country to which the Convention applies, cause an appropriate Convention Certificate to be issued in respect of a ship of that country if it is satisfied in like manner as in the case of a Bangladesh ship that such Certificate can properly be issued, and, where a Certificate is issued at such a request, it shall contain a statement that it has been issued at such request.

7 The Bangladesh Merchant Shipping Ordinance, (1) The Government may request the Government of a country to which the Convention applies to issue in respect of a Bangladesh ship any Certificate, the issue of which is authorised under this Chapter, and a Certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for purposes of this Ordinance as if it had been issued by the Government. (2) Where the Government requests the Government of a country to issue any such certificate as aforesaid, and that Government is willing to issue, in pursuance of that request, an appropriate Qualified Certificate, but is not willing to issue the corresponding Exemption Certificate, the Government may issue that Exemption Certificate (1) No Bangladesh passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship either- (a) a Passenger Ship Certificate issued under section 309, or (b) a Qualified Passenger Ship Certificate issued under that section and Exemption Certificate issued under section 313, being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (2) No sea-going Bangladesh ship of five hundred tons gross or upwards other than a passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship- (a) such certificate or certificates as would be required in her case by the provisions of sub-section (1) if she were a passenger ship, or Issue by foreign Governments of of Bangladesh ships Prohibition on proceeding to sea without certificates (b) such certificates as are required in her case by the provisions of sections 310, 311, 312 and 313,

8 464 The Bangladesh Merchant Shipping Ordinance, 1983 being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (3) No sea-going ship as aforesaid, being of less than five hundred but not less than three hundred tons gross, shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there are in force in respect of the ship such certificates as are required in her case by the provisions of sections 311 and 313, being certificates which by the terms thereof, are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (4) No Bangladesh ship shall proceed on any voyage between ports or places situated within Bangladesh unless there is in force in respect of the ship such certificate or certificates as may be prescribed being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged. (5) The master of every ship to which this section applies shall produce, to the Collector of Customs from whom a port-clearance for the ship is sought, the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and port-clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced. (6) If any ship to which this section applies proceeds or attempts to proceed to sea in contravention of any of the foregoing provisions of this section, the master or owner shall, without prejudice to any other liability under this Ordinance, for each offence, be punishable, in the case of a passenger ship, with fine which may extend to twenty thousand Taka and, in the case of any other ship, with fine which may extend to fifteen thousand Taka. (7) Where an Exemption Certificate issued under section 313 in respect of any ship to which this section applies specifies any conditions on which the Certificate is issued and any of those conditions is contravened, the master or owner of the ship shall, for each offence, be punishable with fine which may extend to ten thousand Taka.

9 The Bangladesh Merchant Shipping Ordinance, The Government may, by order in writing, authorise any person to perform all or any of the functions assigned to it by sections 309, 310, 311, 312 and 317 in respect of any ship or class of ships (1) The master of every ship other than a Bangladesh ship, being a passenger ship or being any other ship of five hundred tons gross or upwards, belonging to a country to which the Convention applies, shall produce a valid Convention Certificate to the Collector of Customs from whom a port-clearance for the ship is sought in respect of a voyage from a port or place in Bangladesh to a port or place outside Bangladesh, and port-clearance shall not be granted and the ship may be detained until such a certificate is so produced. (2) Where any such ship, other than a passenger ship, as is referred to in sub-section (1), is of less than five hundred but not less than three hundred tons gross, the master shall be required to produce only a valid Convention Certificate equivalent to those issued under section 311 and the other provisions of sub-section (1) shall apply accordingly. (3) Where a valid Convention Certificate is produced in respect of a ship other than a Bangladesh ship, the ship shall not be deemed to be unsafe for the purposes of section 359, by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not correspond substantially with the particulars stated in the certificate The provisions of sections 251, 252, 253 and 254, shall apply to and in relation to every certificate issued under sections 309, 310, 311, 312 and 313 and under sub-section (4) of section 319, in the same manner as they apply to and in relation to a Passenger Ship Certificate (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe the form of the referred to in sections 309, 310, 311, 312 and 313 and in sub-section (4) of section 319, the charging of fees for the grant of such, the amount of such fees, and the manner in which they shall be recoverable. Government may authorise persons to perform certain functions Production of certificates by ships other than Bangladesh ships Application of sections 251, 252, 253 and 254 to Power of Government to make rules