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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 26

SPECIAL PROVISIONS RELATING TO LOAD LINES AS TO FOREIGN SHIPS

Load Line Certificates of ships other than Bangladesh ships
337. (1) The Government may, at the request of a country to which the Load Line Convention applies, issue an International Load Line Certificate in respect of a ship of that country if it is satisfied in like manner as in the case of a Bangladesh ship that it can properly issue the certificate, and where a certificate is issued at such a request, it shall contain a statement that it has been so issued.
 
 
 
 
(2) An International Load Line Certificate issued in respect of any ship other than a Bangladesh ship by the Government of the country to which the ship belongs shall, subject to the rules referred to in sub section (3), have the same effect in Bangladesh as a Load Line Certificate issued in respect of a Bangladesh ship under this Part.
 
 
 
 
(3) With a view to determining the validity in Bangladesh of certificate purporting to have been issued in accordance with the Load Line Convention in respect of ships other than Bangladesh ships, the Government shall make such rules as appear to it to be necessary.
Inspection and control of foreign ships belonging to countries to which the Load Line Convention applies
338. (1) Any Surveyor authorised in this behalf by the Government may, at any reasonable time, go on board any ship other than a Bangladesh ship belonging to a country to which the Load Line Convention applies, being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter, or a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, when such ship is within any port or place in Bangladesh, for the purpose of demanding the production of any Load Line Certificate for the time being in force in respect of the ship.
 
 
 
 
(2) If a valid International Load Line Certificate is produced to the Surveyor on such demand, the Surveyor's powers of inspecting the ship with respect to load line shall be limited to seeing-
 
 
 
 
(a) that the ship is not loaded beyond the limits allowed by the certificate;
 
 
 
 
(b) that the position of the load lines on the ship corresponds with the position specified in the certificate;
 
 
 
 
(c) that no material alterations have taken place in the hull or superstructures of the ship which affect the position of the load lines;
 
 
 
 
(d) that the fittings and appliances for the protection of openings, the guard rails, the freeing ports and the means of access to the crews' quarters have been maintained on the ship in as effective a condition as they were when the certificate was issued.
 
 
 
 
(3) If it is found on any such inspection that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and the provisions of section 359 shall apply.
 
 
 
 
(4) If it is found on any such inspection that the load lines on the ship are not in the position specified in the certificate, the ship may be detained until the matter has been rectified to the satisfaction of the Surveyor.
 
 
 
 
(5) If it is found on any such inspection that the ship has been so materially altered in respect of the matters referred to in clauses (c) and (d) of sub section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 359:
 
 
Provided that where the ship has been detained, the Government shall order the ship to be released as soon as it is satisfied that the ship is fit to proceed to sea without danger to human life.
 
 
 
 
(6) If a valid International Load Line Certificate is not produced to the Surveyor on such demand as aforesaid, the Surveyor shall have the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part relating to load lines have been complied with, as if the ship were a Bangladesh ship.
 
 
 
 
(7) For the purposes of this section, a ship shall be deemed to be loaded beyond the limits allowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded.
Certificate of ship other than Bangladesh ship to be produced to Customs
339. The master of every ship other than a Bangladesh ship belonging to a country to which the Load Line Convention applies, being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter, or a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, shall produce to the Collector of Customs from whom a port clearance for the ship is sought-
 
 
 
 
(a) in a case where port clearance is sought in respect of a voyage to a port or place outside Bangladesh, a valid International Load Line Certificate or a valid International Load Line Exemption Certificate; and
 
 
 
 
(b) in a case where port clearance is sought in respect of any other voyage, a valid International Load Line Certificate or International Load Line Exemption Certificate or a valid Bangladesh Load Line Certificate or Bangladesh Load Line Exemption Certificate and port clearance shall not be granted and the ship may be detained until the certificate is so produced.
Marking of deck line and load lines of ships other than Bangladesh ships
340. The provisions of section 326 shall apply to ships other than Bangladesh ships proceeding or attempting to proceed to sea from ports or places in Bangladesh as they apply to Bangladesh ships subject to the following modifications,
 
 
(a) the said section shall not apply if a valid International Load Line Certificate or a valid International Load Line Exemption Certificate is produced in respect of the ship, and
 
 
 
 
(b) subject to the provisions of clause (a), a ship which does not comply with the conditions of assignment to the extent required in her case by section 326 shall be deemed to be unsafe for the purpose of section 359.
Submersion of load line of ships other than Bangladesh ships
341. The provisions of sections 327, 328 and 329 shall apply to ships other than Bangladesh ships while they are within any port or place in Bangladesh as they apply to Bangladesh ships subject to the following modifications, namely:-
 
 
 
 
(a) no ship belonging to a country to which the Load Line Convention applies being a ship of 150 tons gross or upwards, the keel of which was laid before the commencement of this Chapter or a ship not less than 79 feet (24 metres) in length, the ¬keel of which was laid after such commencement, shall be detained, and no proceedings shall be taken against the owner or master thereof, by virtue of this said section except after an inspection by a Surveyor as provided by section 338; and
 
 
 
 
(b) the expression “the appropriate load line”, in relation to any ship other than a Bangladesh ship, shall mean-
 
 
 
 
(i) in the case of a ship in respect of which there is produced on such an inspection as aforesaid a valid International Load Line Certificate, the load line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded;
 
 
 
 
(ii) in any other case, the load line which corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the Load Line Rules to be loaded, or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon.
Inspection of ships belonging to non Convention countries
342. The provisions of section 331 shall apply, in the same manner as they apply to Bangladesh ships, to all other ships while they are within any port or place in Bangladesh except ships to which the provisions of section 338 apply.
Provisions relating to Load Line Certificates of ships other than Bangladesh ships
343. (1) The provisions of this Part relating to the issue, effect, duration, renewal and cancellation of Bangladesh Load Line Certificates shall apply to ships other than Bangladesh ships as they apply to Bangladesh ships subject to the following modifications, namely:-
 
 
 
 
(a) any such certificate may be issued in respect of any such ship as in respect of a Bangladesh ship provided that any such certificate issued in respect of a ship of one hundred and fifty tons gross or upwards belonging to a country to which the Load Line Convention applies shall only be valid so long as the ship is not plying on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh, and shall be endorsed with a statement to that effect and shall be cancelled by the Government if it has reason to believe that the ship is so plying; and
 
 
 
 
(b) the survey required for the purpose of seeing whether the certificate should remain in force shall take place when required by the Government.
 
 
 
 
(2) If the Government is satisfied-
 
 
 
 
(a) that provision has been made for the fixing, marking and certifying of load lines by the law in force in any country outside Bangladesh with respect to ships or any class or description of ship of that country and has also been so made or has been agreed to be so made for recognising Bangladesh Load Line Certificates as having the same effect in ports or places of that country as certificates issued under the said provisions; and
 
 
 
 
(b) that the said provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this Part relating to load lines and is equally effective,
 
 
 
 
it may, by notification in the official Gazette, direct that Load Line Certificates issued in pursuance of the said provision or in respect of ships of that class or description of ships of that country, shall have the same effect for the purpose of this Part as Bangladesh Load Line Certificates:
 
 
 
 
Provided that such direction shall not apply to ships of one hundred and fifty tons gross or upwards belonging to countries
 
 
to which the Load Line Convention applies, if such ships are engaged in plying on voyages from or to any port or place in Bangladesh to or from any port or place outside Bangladesh.
Certificates to be produced to Customs by ships belonging to non-Convention countries
344. The master of every ship belonging to a country to which the Load Line Convention does not apply shall produce to the Collector of Customs from whom a port clearance for the ship is sought, either a Bangladesh Load Line Certificate or a certificate having effect under this Ordinance as such a certificate, being a certificate for the time being in force in respect of the ship, and port clearance shall not be granted and the ship may be detained until the certificate required by this section is so produced.
 
 

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