CONTENTS
SECTIONS
1. Short title, commencement, extent and application
3. Power to alter conditions relating to ownership of Bangladesh Ship
9. Conduct of business of Shipping office at other Office
10. Functions of a Shipping Master
11. Fees for engagement or discharge of seamen
18. Application for registration
19. Survey and measurement of ships before registration
21. Declaration of ownership on registration
22. Evidence on first registration
24. Documents to be retained by Registry
25. Power of Government to inquire into title of ship to be registered as Bangladesh ship
26. Grant of certificate of registry
27. Custody and use of Certificate
28. Power to grant new Certificate when original Certificate is defaced, lost, etc.
29. Endorsement of change of master on Certificate of Registry
30. Endorsement on Certificate of change of ownership
31. Delivery of Certificate of ship lost or ceasing to be a Bangladesh ship
32. Provisional Certificate for ships becoming Bangladesh ships abroad
33. Temporary pass in lieu of Certificate of Registry
34. Restriction on conversion of ship
35. Transfer of registry of Bangladesh ships.
36. Mode of transfer of ships, etc.
37. Transmission of property in Bangladesh ship on death, insolvency, etc.
38. Order for sale where ship has ceased to be a Bangladesh ship
39. Transfer of ship on sale by order of Court.
40. Mortgage of ship or share, etc.
41. Entry of discharge of mortgage.
42. Mortgagee not deemed to be owner
44. Mortgage not affected by insolvency
46. Transmission of interest in mortgage in certain circumstances
47. Name of Bangladesh ship not to be changed, etc.
49. Provisional Certificate and endorsement where ship is to be registered anew
50. Procedure for registration anew
51. Restriction on re-registration of abandoned ships
52. National colours for ships
53. Unlawful assumption or concealment of Bangladesh character, etc.
54. Bangladesh ships to hoist proper national colours in certain cases
55. National character of ships to be declared before clearance
56. Liabilities of ships not registered as Bangladesh ships
57. Proceedings on forfeiture of ship
58. Notice of trust not received
60. Inspection of Register Book and admissibility of certain documents in evidence
61. Power to register Government ships
62. Special powers for Magistrates
65.Restriction on chartering of ships
66. Licences for taking ships to sea
67. Licences for coasting trade
68. Revocation, etc. of licences
69. No port clearance until licence is produced
70. Restriction on the use of certain ships, etc.
72. Power to constitute Shipping Allocation Board
75. Power to call for information
77. Power of Shipping Authority to enter ship
84. Recognition of Certificate of Competency not granted by the Director-General
87. Master to be custodian of Certificates
89. Continuous Discharge Certificate Book
90. Power to cancel or suspend Certificate, etc.
91. Record of orders affecting Certificate, etc.
98. Employment of young persons
99. Engagement of young persons as trimmers or stokers
100. Medical examination of young persons
101. Offences against sections 98, 99 and 100
102. Maintenance of list or Register of young persons in a ship
104. Rules relating to engagement of seamen and maritime labour
107. Seaman to be in possession of Continuous Discharge Certificate
108. Loss of Continuous Discharge Certificate, etc.
109. Cancellation, etc. of Continuous Discharge Certificate
110. Certificate of fitness of seaman
111. Rules relating to manning of ships
113. Forms and contents of the agreement
114. Engagement in Bangladesh of single seaman for foreign ship
115. Special provisions with regard to agreements with crew of Bangladesh foreign-going ships
116. Renewal of running agreements in certain cases
117. Special provisions as to agreements with crew of home trade or coasting ships
118. Changes in crew to be reported
119. Certificate as to agreement with crew of foreign going and home trade ships
120. Certificate as to agreements with crew of coasting ships
121. Copy of agreement with crew to be made accessible to the crew
122. Alteration in agreement with the crew
123. List of crew to be furnished to Shipping Masters
124C. Recovery of excess salary, repatriation cost, etc.
124. Engagement of seamen for ships other than Bangladesh ships
124A. Agreement to meet legal requirements of the country of Registration of the ship
124B. Penalties for violating provisions of Sec. 124A
125. Engagement of seaman outside Bangladesh
126. Power to prohibit engagement of Bangladeshi seamen
127. Power to board ships and muster seamen
128. Forged Continuous Discharge Certificate, etc.
130. Discharge of seamen to be before Shipping Master
132. Report to Shipping Master as to work of seamen, etc.
133 . Discharge of seamen abroad
134. Discharge of seamen and apprentices on charge of owner ship
135. Transmission of documents on transfer of seaman from one ship to another
136. Repatriation of seaman and apprentice on termination of service abroad
137. Leaving behind in Bangladesh of seaman or apprentice shipped abroad
138. Leaving behind seaman or apprentice by masters of Bangladesh ships abroad
139. Wages and other property of seaman or apprentice left behind by Bangladesh ships abroad
141. Master to deliver account of wages
142. Deductions from wages of seamen
144. Deduction on account of provident fund, etc.
145. Payment of wages before Shipping Master
148. Decision on disputes by Shipping Masters
149. Power of Shipping Master to require production of ships’ papers
151. Right to wages and provisions
152. Wages not to depend on freight
153. Wages on termination of service by wreck, illness, etc.
154. Wages not to accrue during refusal to work or imprisonment
156. Restriction on sale of and charge upon wages
157. Summary proceedings for wages
158. Restriction on suits for wages
160. Regulations as to allotment notes
163. Master to take charge of the effects of deceased seamen
164. Disposal of property of seaman who dies during the voyage
165. Liability of master in respect of property of deceased seaman, etc.
166. Property of deceased seaman left abroad but not on board ship
167. Dealing with property of deceased seamen
168. Recovery of wages, etc. of seamen lost with their ship
169. Property of seamen dying in Bangladesh
170. Payment over of property of deceased seamen by Shipping Master
171. Disposal of unclaimed property of deceased seamen
173. Application of Chapter to apprentices
174. Power to make rules with respect to distressed seamen
175. Relief and maintenance of distressed seamen
176. Mode of providing for return of seamen to proper return port
177. Receiving distressed seamen on ships
179. Provisions as to taking distressed seaman on ships
180. What shall be evidence of distress
181. Ships to have sufficient provisions and water
182. Allowance for short or bad provisions
183. Bangladesh foreign going ships to carry duly certificated cooks
184. Medicines to be provided and kept on board certain ships
185. Certain ships to carry Medical Officers
186. Weights and measures on board
187. Expenses of medical attendance in case of illness
188. Power to make rules with respect to crew accommodation, etc
189. Inspection of crew accommodation when a ship is registered or re registered
190. Bedding, towels, etc. to be provided
191. Inspection of provisions, water, medicines, etc.
192. Inspection by master of provisions, water and accommodation at sea
194. Master in overall command, etc.
195. Misconduct, endangering life or ship
196. Desertion and absence without leave from Bangladesh ships
197. Desertion and absence without leave from foreign ships
197A. Measures to prevent desertion from Bangladesh and foreign ships
198. Conveyance of deserter or imprisoned seaman or apprentice on board ship
199. Power of Court to order offender to be taken on board ship
200. General offences against discipline
201. Report of desertions and absence without leave
202. Entries and certificates of desertion abroad
203. Facilities for proving desertion in proceeding for forfeiture of wages or effects
204. Application of forfeitures
205. Decisions on questions of forfeiture and deduction in suits for wages
206. Payment of fines imposed under agreement to Shipping Master
207. Penalty for enticing to desert
208. Penalty for harbouring deserters
209. Penalty on stowaways and discipline of stowaways and seamen carried under compulsion
212. Deserters from foreign ships
214A. Place of trial of the offender
215. Particulars to be furnished in plaints, etc.
216. Power of District Magistrate to intervene in case of unrepresented seaman
217. Notice to be given in case of unrepresented seaman
218. Postponement of proceedings
219. Power to set aside decrees and orders passed against serving seaman
220. Modification of law of limitation where seaman is a party
221. Reference in matters of doubt to shipping Masters
222. Provisions of this Chapter to apply to masters and apprentices
Uniforms
225. Certificated officers may wear uniforms while unemployed
226. Uniforms when not to be worn
227. Persons not to be dressed partly in uniform
Complaints by seamen and apprentices
229. Facilities for making complaints
Protection of seamen and apprentices from imposition
230. Assignment or sale of salvage invalid
231. Debts not recoverable till the conclusion of agreed service
232. Inspection of seamen’s lodging houses
233. Prohibition against solicitation by lodging house keepers
234. Seaman’s property not to be detained
235. Ship not to be boarded without permission before seaman Leave
Rescission of Contracts
236. Power of Court to rescind contract between master, owner or agent and seaman or apprentice
Maritime Advisory Committee
237. Constitution and functions of Maritime Advisory Committee
240. No ship to carry passengers without a Passenger Ship Safety Certificate
241. No port clearance until Passenger Ship Safety Certificate produced
242. Power to detain ship not having Passenger Ship Safety Certificate
243. Owner or agent responsible for survey
245. Fees in respect of surveys
247. Grant of Passenger Ship Safety Certificate
248. Power of Government to order a second survey
250. Duration of Passenger Ship Safety Certificate
251. Cancellation or suspension of Passenger Ship Safety Certificate by Government
253. Delivery of expired or cancelled Certificates
254. Passenger Ship Safety Certificate to be affixed in conspicuous part of ship
255. Ship not to carry passengers in contravention of this Ordinance
256. Offences in connection with passenger ships
257. Power to exclude drunken passengers from passenger ship
260. Ships not to proceed on voyage from any place not designated by Government
261. Notice to be given about day of departure
262. Power to board and inspect ship
264. Special power to make rules
266. Applicability of section 254 to certain certificates
267. List of departing special trade passenger
268. List of arriving special trade passenger
270. Medical Officers and attendants
272. Penalty for failing to supply special trade passengers with prescribed provisions
273. Penalty for ship unlawfully departing or receiving passengers on board
274. Penalty for fraudulent alteration in ship after certificate obtained
275. Penalty for landing special trade passenger at a port or place other than that contracted for
276. Forwarding of passengers by Bangladesh Consular Officers
277. Recovery of expenses incurred in forwarding passengers
278. Information to be sent to ports of embarkation and disembarkation
279. Information sent under section 278, etc. to be admissible in evidence
280. Additional provisions for special trade passenger ships carrying pilgrims
281. Bond where special trade passenger ship is to carry pilgrims on outward voyage
282. Medical inspection and permission required before embarkation of pilgrims
283. Medical inspection after embarkation in certain cases
284. Return passage to be secured
285. Issue or production of tickets
286. Refund of deposits and passage money
287. Unclaimed deposits and passage money to vest in Government
289. Notice of proceeding of special trade passenger ship carrying pilgrims on voyage
290. Compensation for delay in departing or proceeding on voyage
292. Sanitary taxes payable by the Master
294. Compliance with International Health Regulations
295. Countries to which the Safety and Load Line Convention apply
296. Construction of passenger ships
297. Construction of cargo ships
298. Power to make rules with respect to the construction and survey of cargo ships, etc.
299. Rules as to life saving and fire appliances, etc.
300. Inspection of life saving appliances, etc.
301. Control of water tight openings
302. Stability information and damage control
303. Requirements of radio telegraph and radio telephone apparatus
304. Requirements as to radio direction finding apparatus
307. Application of Chapter to foreign ships
309. Qualified Passenger Ship Safety Certificates
310. Cargo Ship Safety Equipment Certificates and Qualified Cargo Ship Safety Equipment Certificates
311. Cargo Ship Safety Radio telegraphy Certificates, etc.
312. Cargo Ship Safety Construction Certificates
315. Modification of Passenger Ship Safety Certificates in respect of life- saving appliances
316. Acceptance of Certificates issued outside Bangladesh
317. Issue of Certificates to ships of foreign countries
318. Issue by foreign Governments of Certificates of Bangladesh ships
319. Prohibition on proceeding to sea without certificates
320. Government may authorise persons to perform certain functions
321. Production of certificates by ships other than Bangladesh ships
322. Application of sections 251, 252, 253 and 254 to Certificates
323. Power of Government to make rules
324. Power to exempt ships from provisions of this Chapter
325. Power to make rules as to load lines
326. Marking of deck line and load lines
328. Submersion of sub division load lines in case of passenger ships
329. Penalty for submersion of load lines and sub division load lines
330. Offences in relation to marks
331. Inspection of ships with respect to load lines
332. Issue and duration, etc., of Load Line Certificates
333. Issue and duration, etc., of Exemption Certificates
334. Ships not to proceed to sea without Certificate
335. Publication of Load Line Certificate and particulars relating to depth of loading
336. Insertion of particulars as to load lines in agreements with crew
337. Load Line Certificates of ships other than Bangladesh ships
339. Certificate of ship other than Bangladesh ship to be produced to Customs
340. Marking of deck line and load lines of ships other than Bangladesh ships
341. Submersion of load line of ships other than Bangladesh ships
342. Inspection of ships belonging to non Convention countries
343. Provisions relating to Load Line Certificates of ships other than Bangladesh ships
344. Certificates to be produced to Customs by ships belonging to non-Convention countries
345. Power to make rules as to deck cargo
346. Tonnage of spaces occupied by deck cargo to be added to registered tonnage
347. Carriage of dangerous goods
349. Carriage of bulk cargoes other than grain, etc.
351. Unseaworthy ship not to be sent to sea
352. Obligation of owner to crew with respect to seaworthiness
353. Power to detain unsafe ship and procedure for detention
354. Liability of Government for cost and damages to a ship wrongly detained
355. Liability of ship-owner for costs when ship rightly detained
356. Method of calculating costs of detention and survey
357. Power to require from complainant security for costs, etc.
358. Costs, etc., payable by Government to be recovered from complainant
359. Application to ships other than Bangladesh ships of provisions as in detention
360. Detention, etc., of foreign ships in cases to which section 359 does not apply
361. Method of giving helm orders
362. Duty to report dangers to navigation
363. Speed to be moderate when in vicinity of ice
364. Obligation to render assistance on receiving signal of distress
365. Ships to carry certain navigational instruments, etc.
367. Meteorological observations to be recorded, etc.
369. Observance of Collision Regulations
370. Inspection of lights and shapes, etc.
371. Saving for rules of navigation in harbour, etc.
372. Duty of master of ship to assist in case of collision
373. Collision to be entered in official log
374. Report to Government of accidents to ships
375. Notice of loss of Bangladesh ship to be given
376. Division of loss in case of collision
377. Damages for personal injury
379. Official logs to be kept and to be evidence
380. Entries required to be made in official log book
381. Offences in respect of official logs
382. Delivery of official logs
383. Official log to be sent to Shipping Master in the case of transfer or loss of ship
384. Power to call for official logs
388. Registration of fishing vessels
389. Effect of registration of fishing vessels
390. Particulars relating to Fishing Vessels to be painted
393. Mortgages of fishing vessels
394. Registration of alterations
396. Entries in Register relating to vessel lost, etc.
397. Certificate of inspection
398. Fraudulent use of Certificate of Registry or Certificate of Inspection, etc.
399. Life saving appliances, etc.
400. Skippers and engine drivers to be duly certificated
401. Statement relating to crew to be maintained
405. Decision on question whether a vessel is a sailing vessel
407. Change of name of sailing vessel
408. Prevention of overloading or overcrowding
409. Certificate of Inspection
410. Inquiry into jettisoning of cargo
411. Foreign sailing vessels not to engage in coasting trade without permission
412. Detention, etc. of overloaded foreign sailing vessels
413. Application to sailing vessels of certain provisions relating to ships and. fishing vessels
414. Power to make rules respecting sailing vessels
415. Shipping casualties and report thereof
416. Preliminary inquiry into shipping casualties
417. Judicial Inquiry by Court
418.Power of Court to inquire into charges against masters, mates and engineers
419. Power of Government to direct inquiry into charges of incompetency or misconduct
420. Person accused to be heard
421. Power of Court as to evidence and regulation of proceedings
423. Power to arrest witnesses and enter ships, etc.
424. Power to commit for trial and bind over witnesses
425. Report by Court to Government
426. Investigation into causes of explosion or fire on board ship, etc.
427. Provisions of this Chapter to apply to certain other vessels
428. Convening of Marine Boards outside Bangladesh
429. Constitution and procedure of a Marine Board
430. Decision of Marine Board to be by majority
432. Penalty for obstructing proceedings before Marine Board
434. Power of Government to cancel or suspend certificate of master, mate or engineer
435. Delivery of cancelled or suspended certificates
436. Effect of cancellation or suspension of certificate
437. Suspended certificates not to be endorsed
438. Power of Government to cancel or suspend other certificates
440. Power of Government to revoke cancellation, etc.
441. Power of Government to censure master, mate or engineer
444. Constitution of Court of Survey
445. Powers and procedure of Court of Survey
446. Power of Government to make rules with respect to Court of Survey
447. Reference in difficult cases to scientific persons
449. Duty of Receiver where vessel is in distress
450. Power of Receiver in case of vessel in distress
451. Power to pass over adjoining lands
452. Power of Receiver to suppress, plunder and disorder by force
453. Rules to be observed by persons finding wreck
454. Investigation of certain matters in respect of vessels wrecked, etc.
455. Penalty for taking wreck at time of casualty
456. Taking wreck to foreign port
457. Notice to be given by Receiver
458. Immediate sale of wreck by Receiver in certain cases
459. Removal of wreck by harbour or conservancy authority
460. Claims of owners to wreck
461. Interfering with wrecked vessel or wreck
462. Search warrants where wreck is concealed
463. Right of Government to unclaimed wreck
464. Notice of unclaimed wreck to be given to persons entitled
465. Disposal of unclaimed wreck
466. Disputed title to unclaimed wreck
467. Delivery of unclaimed wreck by Receivers not to prejudice title
468. Salvage payable for saving life, cargo or wreck
470. Power to make rules respecting wreck and salvage
471. Limitation of liability of owner for damage
472. Power of Supreme Court to consolidate claims against owners, etc.
473. Part owner to account in respect of damages
474. Insurance of certain risks not invalid
475. Proof of Passengers on board ship
477. Seaman’s lien for wages, etc.
480. Certain persons to be deemed public servants
481. Jurisdiction of Magistrates
482. Place of trial of the offender
483. Enforcement of penalties in certain cases
484. Special provision regarding punishment
485. Offences by companies, etc.
486. Depositions to be received in evidence when witness cannot be produced
487. Procedure in certain allegations in desertion cases
488. Jurisdiction over ships lying off the coasts
489. Jurisdiction in case of offences on board ships
490. Power to detain foreign ship that has occasioned damage
491. Enforcing detention of ship
492. Levy of wages, etc. by distress of movable property
493. Levy of wages, fines, etc. by distress of ship
496. Proof of attestation not required
498. Fee for establishing or aiding training institutions
499. Inquiry into cause of death on board of Bangladesh ship
500. Power to appoint examiners and to make rules as to qualifications of Surveyor of ships
501. No person to practise as Surveyor of ships unless qualified
502. Penalty for practising as Surveyor of ships without certificate
505. Penalty for hindering or obstructing execution of duties, etc.
506. General power to make rules
507. Penalty and procedure for breach of rules and regulations
508. Power to appoint officers to try certain offences, etc.
509. Power to appoint Committees on rules and scales
510. Power to exempt ships from the provisions of the Ordinance
| SCHEDULE |