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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 4


National colours for ships
52. (1) The Government may, by notification in the official Gazette, declare what shall be the proper national colours for Bangladesh ships, and distinctive colours may be declared for different classes of ships.
(2) If any distinctive colours other than those declared under sub section (1) are hoisted on board any Bangladesh ship, the owner of the ship, unless he proves that they were hoisted without his knowledge or consent, the master of the ship and every person hoisting such colours shall be punishable with fine which may extend to fifty thousand Taka; and any commissioned officer of the Bangladesh Navy, any Principal Officer, any Collector of Customs or any Bangladesh Consular Officer, may board any ship on which such colours are hoisted, and seize and take away the colours which shall be forfeited to the Government.
Unlawful assumption or concealment of Bangladesh character, etc.
53. (1) No person on board a ship which is not a Bangladesh ship shall use any of the national colours declared under sub section (1) of section 52 unless such use is made, the burden of proving which shall lie on him, for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
(2) Except for the purpose aforesaid, no owner or master of a Bangladesh ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Bangladesh character of the ship from, or to deceive, any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the ship.
(3) Whoever contravenes any of the provisions of this section shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to eighty thousand Taka, or with both.
Bangladesh ships to hoist proper national colours in certain cases
54. (1) A Bangladesh ship shall hoist the proper national colours-
(a) on a signal being made to her by any vessel of the Bangladesh Navy;
(b) on entering or leaving any foreign port; and
(c) if of fifty tons net or more, on entering or leaving any Bangladesh port.
(2) The master of a ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to ten thousand Taka.
National character of ships to be declared before clearance
55. (1) A Collector of Customs shall not grant a port clearance for any ship until the master of the ship has declared to him the name of the country to which the master claims that the ship belongs, and the Collector of Customs shall upon such declaration inscribe the name on the port clearance.
(2) If a ship attempts to proceed to sea without port-clearance, she may be detained until the declaration required by sub section (1) is made.

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