Application
13. This Chapter shall apply to all sea going Bangladesh ships exceeding fifteen tons net and fitted with mechanical means of propulsion, but shall not apply to ships registered under any law for the time being in force for the registration of inland ships plying on inland water
Registration
14. (1) Every Bangladesh ship to which this Ordinance applies shall have to be registered under this Ordinance.
(2) A ship required to be registered under sub section (1)-
(a) shall not be recognised as a Bangladesh ship until she is so registered, and
(b) may be detained until the master, if so required, produces a Certificate of Registry in respect of the ship.
(3) A ship registered at any time before the commencement of this Ordinance at any port in Bangladesh under any law for the time being in force shall, for a period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Ordinance and be recognised as a Bangladesh ship and, if she is not registered under this Ordinance within such period, shall be liable to be forfeited to the Government.
(4) For the purpose of registration under this Ordinance of a ship referred to in sub section (3) within the period specified therein, the provisions of this Ordinance shall have effect as if sections 19, 21 and 22 were omitted.
Ports of registry
15. (1) The port of Chittagong, and such other ports in Bangladesh as the Government may, by notification in the official Gazette, specify in this behalf, shall be the ports of registry at which Bangladesh ships may be registered under this Ordinance.
(2) The port of registry at which a Bangladesh ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.
Registrar General
16. (1) The Director General of Shipping shall be the Registrar General of Bangladesh ships.
(2) At the port of Chittagong, the Principal Officer shall be the Registrar of Bangladesh ships and at any other port, such authority as the Government may, by notification in the official Gazette, appoint, shall be such Registrar.
(3) The Government may, by notification in the official Gazette, appoint as many Deputy Registrars or Assistant Registrars of Bangladesh ships at a port of registry as it may consider necessary.
Register Book
17. (1) For the registration of ships, every Registrar of Bangladesh Ships shall keep a book to be called the Register Book.
(2) The registration of a ship shall be subject to the following provisions relating to property in a ship and entries in a Register Book shall be made accordingly:-
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(b) subject to the provisions of this Ordinance with respect to joint owners or owners by transmission, not more than ten persons shall be entitled to be registered at the same time as owners of any one ship; but this clause shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner;
(c) a person shall not be entitled to be registered as the owner of a fractional part of a share in a ship but the number of persons not exceeding four may be registered as the joint owners of a ship or of any share or shares therein;
(d) joint owners shall be considered as constituting one person and shall not be entitled to dispose of in severally any interest in a ship or any share therein in respect of which they are registered;
(e) a company may be registered as the owner by its corporate name.
Application for registration
18. (1) An application for the registration of a Bangladesh ship shall be made by the owner thereof, or, if there be more owners than one, by some one or more of them or by one or more agents appointed for the purpose.
(2) The appointment of an agent under sub section (1) shall be in writing, if made by an individual, under his hand and, if made by a company, under its common seal.
Survey and measurement of ships before registration
19. (1) Every ship in respect of which an application for registration is made, shall, at the expense of the owner, be surveyed by a Surveyor or by any Surveyor of a Classification Society duly authorised by the Government and the tonnage of the ship ascertained in the prescribed manner.
(2) The Surveyor or the Classification Society so authorised shall grant to the owner a certificate in the prescribed form specifying the ship's tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed; and the owner shall deliver the certificate to the Registrar before registration.
Marking of ship
20. (1) Every ship in respect of which an application for registration is made, shall, before registration, be marked in the prescribed manner permanently and conspicuously and to the satisfaction of the Registrar.
(2) The marks required by this section shall be permanently continued and shall not be altered except in the event of any of the particulars thereby denoted being altered in the manner provided by this Ordinance, except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
(3) If an owner or master of a Bangladesh ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates, or suffers any person under his control to conceal, remove, alter, deface, or obliterate any of the said marks, except in the event mentioned in sub section (2), he shall, for each offence, be punishable with fine which may extend to twenty thousand Taka; and on a certificate from a Surveyor that a ship is insufficiently or inaccurately marked, the ship may be detained until the insufficiency or inaccuracy has been remedied.
Declaration of ownership on registration
21. (1) Subject to the other provisions of this Ordinance, a person shall not be registered as the owner of a Bangladesh ship or of a share therein unless he or, in the case of a company, the
person authorised in this behalf, has made and signed declaration of ownership in the prescribed form referring to the ship as described in the certificate of the Surveyor and containing the following particulars, namely:-
(a) a statement that the requirements as to ownership specified in clause (26) of section 2 are satisfied;
(b) a statement of the time when and the place where the ship was built or, if the ship was built outside Bangladesh and the time and place of building are not known, or the builder's certificate cannot be procured, a statement to that effect; and in addition thereto, in the case of a ship previously registered outside Bangladesh, a statement of the name by which she was so registered, or, in the case of a ship condemned, a statement of the time, place and Court at and by which she was condemned;
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(d) the name of her master and his citizenship;
(e) the number of shares in the ship in respect of which he or the company, as the case may be, claims to be registered as owner; and
(f) a declaration that the particulars stated are true to the best of his knowledge and belief.
(2) In respect of a ship or share owned by more than one person, a declaration under sub section (1) may be made by any one of them authorised by them in this behalf.
Evidence on first registration
22. (1) For the purpose of registration of a Bangladesh ship, the following evidence shall be produced by the applicant in addition to the declaration of ownership made under section 21, namely:-
(a) in the case of a ship built in Bangladesh, the builder's certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the
proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, on whose account the ship was built, and, if there has been any sale, the instrument of sale under which the ship or a share therein has become vested in the applicant;
(b) in the case of a ship built outside Bangladesh, the same evidence as in the case of a ship built in Bangladesh, or where the person making the declaration of ownership declares that the time and place of building are not known to him, or the builder's certificate cannot be procured, only the instrument of sale under which the ship or a share therein has become vested in the applicant; and
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(2) If the person granting a builder's certificate produced under sub section (1) makes a false statement therein, he, and in the case of a certificate granted outside Bangladesh, his agent or representative in Bangladesh, shall be punishable with fine which may extend to twenty thousand Taka.
Registration of ships
23. (1) As soon as the provisions of sections 21 and 22 have been complied with in respect of a Bangladesh ship, the Registrar shall register the ship by making entry of the following particulars in the Register Book, namely:-
(a) the name of the ship and the name of the port to which she belongs;
(b) the details contained in the Surveyor's certificate delivered under section 19;
(c) the particulars respecting her origin stated in the declaration of ownership made under section 21; and
(d) the name and description of her owner or owners, and, if there are more owners than one, the number of shares owned by each of them.
(2) The Registrar may refuse to register a Bangladesh ship by the name by which she is proposed to be registered if that
name is already borne by another ship, or if the name be so similar thereto as is calculated or likely to deceive, or is otherwise undesirable.
Documents to be retained by Registry
24. On the registration of a ship, the Registrar shall retain in his custody the following documents, namely:-
(a) The Surveyor's certificate delivered under section 19;
(b) all declarations of ownership made under section 21;
(c) the builder's certificate produced under section 22;
(d) any instrument of sale by which the ship was previously sold; and
(e) certified copy of the condemnation, if any.
Power of Government to inquire into title of ship to be registered as Bangladesh ship
25. (1) Where it appears to the Government that there is any doubt as to the title of any ship to be registered as a Bangladesh ship, it may direct the Registrar of her port of registry to require, by giving not less than thirty days' notice to the persons concerned, or such longer notice as the Government may fix, evidence to his satisfaction that the ship is entitled to be registered as a Bangladesh ship.
(2) If within the period referred to in sub section (1), evidence to the satisfaction of the Registrar that the ship is entitled to be registered as a Bangladesh ship is not given, the ship shall be liable to be forfeited to the Government.
Grant of certificate of registry
26. (1) On completion of the registration of a Bangladesh ship, the Registrar shall grant a Certificate of Registry in the prescribed form containing the particulars respecting the ship as entered in the Register Book and the name of her master.
(2) Every Registrar shall every year, not later than the 15th day of January and the 15th day of July, submit to the Registrar General a report in such form as the Government may direct, stating therein the particulars of all registries, cancellation of registry, transfers and any other relevant information in respect of the merchant ships registered by him during the six months preceding the month in which the report is required to be submitted.
Custody and use of Certificate
27. (1) The Certificate of Registry shall be used only for the lawful navigation of the ship, and it shall not be subject to
detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee, or other person to, on or in the ship.
(2) Every person, whether interested in the ship or not, who has in his possession or under his control the Certificate of Registry of a ship, shall deliver the Certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship, or to any Registrar, Collector of Customs or other person entitled by law to require such delivery.
(3) Any person refusing or failing to deliver a Certificate as required by sub section (2), may, by order, be summoned by any Magistrate of the first class to appear before him and to be examined touching such refusal or failure, and, unless it is proved to the satisfaction of such Magistrate that there was reasonable cause for such refusal or failure, such person shall be punishable with fine which may extend to twenty thousand Taka.
(4) If the person refusing or failing to deliver the Certificate as required by sub section (2) is proved to have absconded so that the order of such Magistrate cannot be served on him, or if he persists in not delivering the Certificate, the Magistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed or as near thereto as circumstances permit.
(5) If the master or owner uses or attempts to use for navigation a Certificate of Registry not lawfully granted in respect of a ship, he shall be punishable with fine which may extend to fifty thousand Taka, and the ship shall be liable to be forfeited to the Government.
Power to grant new Certificate when original Certificate is defaced, lost, etc.
28. (1) In the event of the Certificate of Registry of a ship being defaced or mutilated, the Registrar of her port of registry may, on delivery to him of that certificate, grant a new Certificate in lieu of her original Certificate.
(2) In the event of the Certificate of Registry of a ship being mislaid, lost or destroyed, or of the person entitled thereto being unable to obtain it from the custody of any other person, the Registrar of her port of registry shall grant a new Certificate in lieu of her original Certificate.
(3) If the port at which the ship happens to be at the time of the event referred to in sub section (2), or if the port at which she first arrives after such event is situated outside Bangladesh, the master or some other person having knowledge of the facts of the case shall make a declaration to the nearest available Bangladesh Consular Officer stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief, and such Consular Officer shall thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted.
(4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon grant a new Certificate of Registry.
(5) If the Certificate of Registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the Certificate obtains it at any time afterwards, the said Certificate shall forthwith be delivered to the Registrar of her port of registry, who shall cancel the same.
(6) If a master without reasonable cause fails to comply with the provisions of sub section (4), he shall be punishable with fine which may extend to ten thousand Taka.
(7) If a person makes illegal use of a Certificate of Registry stated to have been mislaid, lost or destroyed, or if a person entitled to a Certificate of Registry obtains it at any time afterwards but fails to deliver the same to the Registrar as required by sub section (5), he shall be punishable with fine which may extend to thirty thousand Taka.
Endorsement of change of master on Certificate of Registry
29. (1) Whenever there is a change of the master of a Bangladesh ship, a memorandum of the change shall be endorsed and signed on the Certificate of Registry,-
(i) where it occurs at a port in Bangladesh, by the Registrar at such port or any other officer authorised in this behalf by the Government by notification in the official Gazette, and
(ii) where it occurs at a port outside Bangladesh, by the Bangladesh Consular Officer at that port.
(2) The Collector of Customs at any port in Bangladesh may refuse to permit any person to do there any act as the master of a Bangladesh ship unless his name is inserted in or endorsed on her Certificate of Registry as her last appointed master.
Endorsement on Certificate of change of ownership
30. (1) Whenever a change occurs in the registered ownership of a Bangladesh ship, the change shall be endorsed on her Certificate of Registry either by the Registrar of the ship's port of registry, or by the Registrar of any port at which the ship arrives if he has been advised of the change by the former.
(2) For the purpose of a change in the registered ownership of a Bangladesh ship being endorsed under sub section (1) by the Registrar of her port of registry, the master of ship shall deliver the Certificate of Registry to the Registrar, if the change occurs when the ship is at her port of registry, forthwith after the change, and, if it occurs during her absence from that port and the endorsement is not made before her return, upon her first return thereto.
(3) The Registrar of any port, not being the port of registry of the ship in respect of which he is required to make an endorsement under sub section (1), may, for that purpose, require the master of the ship to deliver to him her Certificate of Registry, and the master shall deliver the same accordingly.
(4) If the master of a ship fails to deliver to the Registrar the Certificate of Registry as required by sub section (2) or sub section (3), he shall be punishable with fine which may extend to fifty thousand Taka.
Delivery of Certificate of ship lost or ceasing to be a Bangladesh ship
31. (1) In the event of a Bangladesh ship being either actually or constructively lost, taken by the enemy, burnt or broken up, or ceasing for any reason to be such ship, the owner, or if there are more owners than one, everyone of them, shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the Registrar at her port of registry, give notice thereof to the Registrar who shall make an entry to that effect in the Register Book, and the entries in that Book relating to the ship shall be considered as closed except so far as they relate to any unsatisfied mortgage entered therein.
(2) On the occurrence of any such event as is referred to in sub section (1), the master of the ship shall, unless her Certificate of Registry is mislaid, lost or destroyed, deliver the same-
(a) to the Registrar, or to any other officer authorised in this behalf by the Government, by notification in the official Gazette,-
(i) if the event occurs in any port in Bangladesh, immediately on the occurrence of the event;
(ii) if it occurs elsewhere and the master arrives in any port in Bangladesh, within ten days of his arrival, or
(b) to the Bangladesh Consular Officer, if the event occurs elsewhere and the master arrives in a port outside Bangladesh, soon after his arrival in such port.
(3) The Registrar, if he is not himself the Registrar of the ship's port of registry, or the officer authorised under sub section (2), or the Bangladesh Consular Officer, as the case may be, shall, as soon as may be after the Certificate has been delivered to him, forward the same to the Registrar of the ship's port of registry.
(4) If an owner or a master fails to comply with any of the provisions of sub-section (1) or sub section (2), as the case may be, he shall be punishable with fine which may extend to twenty thousand Taka.
Provisional Certificate for ships becoming Bangladesh ships abroad
32. (1) If at any port outside Bangladesh a ship becomes entitled to be registered as a Bangladesh ship, the Bangladesh Consular Officer may, upon receipt of specific instructions from the Registrar General, grant to the master of the ship a provisional Certificate of Registry in such form as may be prescribed by the Government and shall forthwith forward a copy thereof to the Registrar General.
(2) A provisional Certificate granted under sub section (1) shall have the effect of a Certificate of Registry until the expiration of six months from its date, or until the arrival of the ship at a port where there is a Registrar, whichever first happens.
Temporary pass in lieu of Certificate of Registry
33. Where it appears to the Government that by reason of special circumstances it is desirable that permission should be granted to any Bangladesh ship to pass from one port in Bangladesh to another such port without being previously registered, the Government may authorise the Registrar of the first mentioned port to grant a pass in such form as may be prescribed, and that pass shall, for the time and within the limits therein mentioned, have the same effect as a Certificate of Registry.
Restriction on conversion of ship
[34. (1) No Bangladesh ship shall, except with prior permission in writing from the Director-General of shipping, be converted, modified or altered in such manner so as to change the character of the ship.
(2) Whoever contravenes or attempts to contravene the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to taka ten lakh, or with both.]
Transfer of registry of Bangladesh ships.
35. (1) The registry of a Bangladesh ship may be transferred from one port of registry in Bangladesh to another on an application in writing being made by all persons appearing in the Register Book to be interested therein as owners or mortgagees to the Registrar of her existing port of registry.
(2) On receipt of an application under sub section (1) in respect of a ship, the Registrar shall transmit a notice thereof to the Registrar of the intended port of registry with a copy of all particulars relating to the ship and names of all persons appearing in the Register Book to be interested therein as owners or mortgagees, and also give notice of such transmission to the applicant.
(3) The Certificate of Registry of a ship in respect of which an application under sub section (1) has been made, shall be delivered to the Registrar either of the existing port of registry or to the Registrar of the intended port of registry, and, if delivered to the former, shall be transmitted to the latter.
(4) On receipt of the documents transmitted under sub section (2), the Registrar of the intended port of registry shall enter in his Register Book all the particulars and names transmitted as aforesaid, and grant a fresh Certificate of Registry, and thereupon the port at which the fresh Certificate of Registry is granted at the ship's port of registry and the name of that port shall be substituted on the ship's stern for the name of her former port of registry.
(5) The Registrar granting a fresh Certificate of Registry under sub section (4) shall give notice thereof, and forward the Certificate of Registry granted at the ship's former port of registry, to the Registrar of such port who shall make the necessary entry in his Register Book.
(6) The transfer under this section of the registry of a ship from one port in Bangladesh to another shall not affect in anyway the rights of any of the persons interested therein as owners or mortgagees.
(7) The registry of a Bangladesh ship shall not be transferred to any port outside Bangladesh except with the previous permission in writing of the Government, and no action shall be taken by the Registrar on any application for such transfer unless it is accompanied by such permission.
Mode of transfer of ships, etc.
36. (1) A Bangladesh ship or a share therein shall not be transferred except by an instrument executed by the transferor, the execution being in the presence of, and attested by, at least two witnesses.
(2) An instrument of transfer shall be in the prescribed form or in a form as near thereto as circumstances permit and shall contain the description of the ship as contained in the Surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the Registrar.
(3) An instrument of transfer when duly executed shall be produced to the Registrar of the ship's port of registry, and the Registrar, if he is satisfied that the description therein is sufficient to identify the ship, shall enter in the Registry Book the name of the transferee as owner of the ship or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof.
(4) Every entry of transfer under this section shall be made in the Register Book in the order in which the instrument of transfer is produced to the Registrar.
Transmission of property in Bangladesh ship on death, insolvency, etc.
37. (1) Where the property in a Bangladesh ship or a share therein is transmitted to a person on the death or insolvency of any owner thereof, or by any lawful means other than by a transfer under this Ordinance, that person shall authenticate the transmission by making and signing a Declaration of Transmission in the prescribed form.
(2) A Declaration of Transmission shall be submitted to the Registrar of the ship's port of registry accompanied,-
(a) if the transmission is in consequence of death, by a succession certificate, probate or letters of administration under the
Succession Act, 1925 (XXXIX of 1925), or a certified copy thereof, and
(b) if the transmission is in consequence of insolvency, by proper proof of such transmission.
(3) On receipt of the Declaration of Transmission submitted under sub-section (2), the Registrar shall enter in the Register Book the name of the person entitled under the transmission as owner of the ship or share in the property which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but all such persons shall, for the purposes of the provisions of this Ordinance with respect to the number of persons claiming to be registered as owners, be considered as one person:
Provided that nothing in this sub section shall require the Registrar to make an entry in the Register Book under this section if he is of the opinion that by reason of the transmission the ship has ceased to be a Bangladesh ship.
Order for sale where ship has ceased to be a Bangladesh ship
38. (1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be a Bangladesh ship, the Registrar of her port of registry shall submit a report to the Government setting out the circumstances in which the ship has ceased to be a Bangladesh ship.
(2) On receipt of a report under sub section (1), the Government may make an application to the High Court Division for a direction for the sale to any citizen of Bangladesh, or to any company which fulfils the conditions set out in sub clause (b) of clause (3) of section 2, of the property so transmitted.
(3) The High Court Division may require such evidence in support of the application as it considers necessary and may make such order thereon subject to such terms and conditions, if any, as it thinks just, or may reject the application in any case it finds that the ship has not ceased to be a Bangladesh ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale, after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise.
(4) An application under sub section (2) shall be made within such time as may be prescribed:
Provided that the High Court Division may admit an application after the prescribed time if it is satisfied that the Government had sufficient cause for not making the application within such time.
Transfer of ship on sale by order of Court.
39. Where any Court, whether under section 38 or otherwise, orders the sale of any ship or share therein, the order of the Court shall contain a declaration vesting in some person named by the Court the right to transfer that ship or share, and thereupon the person so named shall be entitled to transfer the ship or share in the same manner and to the same extent as if he were the owner thereof, and shall, subject to the other provisions of this Ordinance, be deemed, in respect of the transfer of the ship or share, the owner thereof.
Mortgage of ship or share, etc.
40. (1) [A registered ship] or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (hereinafter called a mortgage) shall be in the prescribed form, or in a form as near thereto as circumstances permit.
(2) Every instrument creating a mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and every mortgage so registered shall be called a registered mortgage.
(3) The Registrar shall record the mortgages in the Register Book in the order in which they are produced to him for the purpose and shall under his hand endorse on each instrument creating a mortgage the fact that the mortgage has been recorded by him stating the day and hour thereof.
(4) If there are more mortgages than one recorded in respect of the same ship or share, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the Register Book, and not according to the date of each mortgage itself.
Entry of discharge of mortgage.
41. Where a registered mortgage of a ship or share is discharged, the Registrar shall, on the production of the instrument creating the mortgage with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the Register Book to the effect that the mortgage has been discharged, and on that entry being made, the interest in the ship or share, if any, which passed to the mortgagee shall vest in the person in whom, having regard to intervening acts and circumstances, if any, it would have vested if the mortgage had not been created.
Mortgagee not deemed to be owner
42. Except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of the mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be the owner thereof.
Rights of mortgagee
43. (1) A mortgagee under a registered mortgage shall be entitled to recover the amount due under the mortgage by appropriate proceeding in the High Court Division, and when passing a decree, or thereafter, the High Court Division may direct that the mortgaged ship or share be sold in execution of the decree.
(2) Subject to the provisions of sub-section (1), no mortgagee shall merely by virtue of the mortgage, be entitled to sell or otherwise dispose of the mortgaged ship or share.
Mortgage not affected by insolvency
44. A registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date the mortgage has been recorded by the Registrar, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.
Transfer of mortgage
45. (1) [A registered mortgage] of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in the prescribed form, or in a form as near thereto as circumstances permit.
(2) Every instrument transferring a registered mortgage shall be produced to the Registrar of the ship's port of registry for being recorded in the Register Book; and the Registrar shall record the transfer by entering in the Register Book the name of the transferee as mortgagee of the ship or share and shall under his hand endorse on the instrument of transfer that it has been recorded by him stating the day and hour thereof.
(3) The transferee of a registered mortgage whose name is entered under sub section (2) as a mortgagee shall have the same right of preference as that of the transferor.
Transmission of interest in mortgage in certain circumstances
46. Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than by a transfer under this Ordinance, the transmission shall be authenticated by a Declaration of Transmission in the prescribed form, and the provisions of section 37 shall, so far as may be, apply to such transmission.
Name of Bangladesh ship not to be changed, etc.
47. (1) A Bangladesh ship registered under this Ordinance shall not be described by any name other than that by which she is for the time being so registered, nor shall a change be made in her name except in the prescribed manner.
(2) If any person acts or suffers any person under his control to act in contravention of any of the provisions of sub section (1), he shall be punishable with fine which may extend to fifty thousand Taka and the ship in respect of which any such provision has been contravened may be detained until such provision is complied with.
Registry of alterations
48. (1) When a ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the Register Book, then, if the alteration is made at any port having a Registrar, that Registrar, or if it is made elsewhere, the Registrar of the first port having a Registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew and every such application shall be made, unless the Registrar considering the circumstances of each case allows a longer period within three days after the alteration or, as the case may be, the arrival.
(2) For the purpose of registry of an alteration in a ship, the ship's Certificate of Registry shall be produced to the Registrar, and the Registrar shall, in his discretion, either retain the Certificate and grant a new Certificate of Registry containing a description of the ship as altered, or endorse and sign on the existing Certificate a memorandum of the alteration.
(3) The particulars of the alteration as made, and the fact of the new Certificate of Registry having been granted, or endorsement having been made, shall be entered by the Registrar of the ship's port of registry in his Register Book, and for that purpose the Registrar to whom the application for the registry of the alteration has been made, if he is not himself the Registrar of the ship's port of registry, shall forthwith report to the last mentioned Registrar the particulars and facts as aforesaid, accompanied, where a Certificate of Registry has been granted, by the old Certificate of Registry.
(4) If an owner fails to make an application under sub section (1) for registering anew a ship or for registering an alteration of a ship, he shall be punishable with fine which may extend to fifty thousand Taka and with a further fine which may extend to one thousand Taka for everyday after the first during which the failure continues.
Provisional Certificate and endorsement where ship is to be registered anew
49. (1) Where any Registrar, not being the Registrar of the ship's port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional Certificate of Registry describing the ship as altered or provisionally endorse the particulars of the alteration on the existing Certificate of Registry.
(2) Every provisional Certificate of Registry granted, and every Certificate provisionally endorsed, under sub section (1), shall, within ten days after the first subsequent arrival of the ship at her port of registry, be delivered by the master to the Registrar, and the Registrar shall thereupon cause the ship to be registered anew.
(3) The Registrar who grants provisional Certificate of Registry or provisionally endorses a Certificate under sub section (1), shall add to the Certificate or endorsement a statement that the same is provisional and shall send a report of the particulars of the case to the Registrar of ship's port of registry, containing a similar statement as the Certificate or endorsement.
Procedure for registration anew
50. (1) Where a ship is to be registered anew, the Registrar shall proceed as in the case of first registration, and, on the delivery to him of the existing Certificate of Registry and on compliance with the other requirements for registration, shall register the ship anew, and grant a new Certificate of Registry.
(2) When a ship is registered anew, the entries in the Register Book relating to her previous registration shall be considered as closed except so far as they relate to any unsatisfied mortgage, but the names of all persons appearing in those entries to be interested in the ship as owners or mortgagees shall be entered anew; and the registration anew shall not in any way affect the rights of any of those persons.
Restriction on re-registration of abandoned ships
51. Where the registration of a Bangladesh ship is considered as closed under section 31 for any reason other than capture by the enemy, the ship shall not be re-registered until she has, at the expense of the applicant for registration, been surveyed by a Surveyor and certified by him to be seaworthy
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Ministry of Law, Justice and Parliamentary Affairs