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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 22

RADIO INSTALLATION AND RADIO SERVICE, ETC.

Requirements of radio telegraph and radio telephone apparatus
303. (1) Every sea going Bangladesh passenger ship of whatever tonnage and every other Bangladesh ship of sixteen hundred tons gross or upwards shall be provided with a radio telegraph apparatus, and every Bangladesh ship of three hundred tons gross or upwards but under sixteen hundred tons gross shall be provided with either a radio telegraph apparatus or a radio telephone apparatus:
 
 
 
 
Provided that the Government may, by notification in the official Gazette, exempt from the operation of this section any ship or class of ships, if it is of opinion that, having regard to the nature of the voyages on which the ship or ships are engaged, or other circumstances of the case, the provision of a radio telegraph apparatus or a radio telephone apparatus, as the case may be, is unnecessary or unreasonable.
 
 
 
 
(2) The master or owner of any such ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to twenty thousand Taka.
Requirements as to radio direction finding apparatus
304. (1) Every Bangladesh ship of sixteen hundred tons gross and upwards shall be provided with a radio direction finding apparatus:
 
 
 
 
Provided that the Government may exempt from the operation of this section any ship of less than three thousand five hundred tons gross, not being a passenger ship, if it is of opinion that, having regard to the nature of the voyages on which the ship is engaged, the provision of a radio direction finding apparatus is unnecessary or unreasonable.
 
 
 
 
(2) The master or owner of any such ship in respect of which the provisions of sub section (1) are not complied with shall be punishable with fine which may extend to twenty thousand Taka.
Radio log
305. (1) Every ship compulsorily equipped under the provisions of section 303 with radio installation shall maintain in the radio room a radio log in which shall be entered such particulars relating to the operation of the radio installation and the maintenance of the radio service as may be prescribed.
 
 
 
 
(2) The provisions of section 381 shall apply to the radio log kept under sub-section (1) as if it were an official log book.
Inspection, etc.
306. (1) A Radio Inspector may inspect any ship for the purpose of seeing that she is properly provided with radio installation and certificated Radio Officers in conformity with this Chapter, and for this purpose may go on board any ship at all reasonable times and do all things necessary for such inspection and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for the purposes of the provisions of this Chapter relating to radio installation and radio service, including the production of any certificate granted under this Part in respect of the installation and of the certificates of the Radio Officers on the ship:
 
 
 
 
Provided that if a valid Safety Convention Certificate is produced in respect of any ship such Certificate shall be accepted unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate.
 
 
 
 
(2) If a Radio Inspector finds that a ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.
 
 
 
 
(3) Every notice given under sub section (2) shall be communicated, in the prescribed manner, to the Collector of Customs of any port or place at which the ship may seek to obtain port clearance; and the Collector of Customs to whom a notice is so communicated shall order that the ship be detained until a certificate under the hand of a Radio Inspector is produced to the effect that the ship is properly provided with radio installation and certificated Radio Officers in conformity with this Chapter.
 
 
 
 
(4) The provisions of this section shall apply in relation to such portable radio apparatus as boats or life rafts may be required to carry by rules made under section 299 as they apply in relation to radio installation of a ship.
Application of Chapter to foreign ships
307. The provisions of this Chapter shall apply to ships other than Bangladesh ships while such ships are in any port or place in Bangladesh in the same manner as they apply to Bangladesh ships.
Power to make rules
308. (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 provide for all or any of the following matters, namely:-
 
 
 
 
(a) the nature of the radio installation to be provided and of the radio service to be maintained, the form of the radio log and the particulars to be entered therein, and the number, grades and qualifications of certificated Radio Officers to be carried;
 
 
 
 
(b) the requirements for such portable radio apparatus as boats and life rafts may be required to carry by the rules made under section 299;
 
 
 
 
(c) the manner in which a notice given under sub section (2) of section 306 shall be communicated to the Collector of Customs;
 
 
 
 
(d) the charging of fees for the grant of the certificate referred to in sub-section (3) of section 306, the amount of such fees and the manner in which they shall be recoverable.

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