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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 27

CARRIAGE OF SPECIAL CARGOES

Power to make rules as to deck cargo
345. (1) The Government may, by notification in the official Gazette, make rules hereinafter referred to as “the deck cargo rules” prescribing requirements to be complied with where cargo is carried in any uncovered space on the deck of a Bangladesh ship or any other ship within any port or place in Bangladesh; and different requirements may be so prescribed in relation to different descriptions of ships, different descriptions of cargo, different voyages or classes of voyages, different seasons of the year or any other different circumstances.
 
 
 
 
(2) If the load line rules provide, either generally or in particular cases or classes of cases, for assigning special free boards to ships which are to have effect only where a cargo of timber is so carried, then, without prejudice to the generality of the preceding sub section, the deck cargo rules may prescribe special requirements to be complied with in circumstances where any such special free board has effect.
 
 
 
 
(3) If any provision of the deck cargo rules are contravened-
 
 
 
 
(a) in the case of a Bangladesh ship, or
 
 
 
 
(b) in the case of any other ship while the ship is within any port or at any place in Bangladesh,
 
 
the master or owner of the ship shall be guilty of an offence and liable to a fine not exceeding ten thousand Taka.
 
 
 
 
(4) Where a person is charged with an offence under the last preceding sub section, it shall be a defence to prove that the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
 
 
 
 
(5) For the purpose of securing compliance with the deck cargo rules, any Surveyor authorised in that behalf by the Government may inspect any ship which is carrying cargo in any uncovered space on her deck.
Tonnage of spaces occupied by deck cargo to be added to registered tonnage
346. (1) If any ship, either Bangladesh or foreign, other than a coasting ship or home trade ship, carries as deck cargo, that is to say, in any uncovered space upon deck, or in any covered space not included in the cubical contents forming the ship's registered tonnage, and not exempted by regulations under this Ordinance, timber, stores or other goods, all dues payable on the ship's tonnage shall be payable as if there were added to the ship's registered tonnage, the tonnage of the space occupied by those goods at the time at which the goods become payable.
 
 
 
 
(2) The space so occupied shall be deemed to be the space limited by the area occupied by the goods and by straight lines enclosing a rectangular space sufficient to include the goods.
 
 
 
 
(3) The tonnage of the space shall, for the purpose of this section, be ascertained by an officer of the Customs and when so ascertained shall be entered by him in a memorandum which he shall deliver to the master, and the master shall, when the said dues are demanded, produce that memorandum in like manner as if it were the certificate of registry, or, in the case of a foreign ship, the document equivalent to a certificate of registry, and in default, shall be liable to pay the same penalty as if he had failed to produce the said certificate or document.
Carriage of dangerous goods
347. (1) The Government may, by notification in the official Gazette, make rules for regulating, in the interests of safety, the carriage of dangerous goods in ships, or adopt, with or without modification, any rules, regulations or codes relating to the carriage of such goods made by any other country or any international organisation and the provisions of the rules, regulations or codes so adopted shall have effect as if they were rules made under this sub section.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the classification of such goods, the packing, marking and stowing of such goods or any class of such goods, and the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships.
 
 
 
 
(3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods as cargo and about to make a voyage from a port or place in Bangladesh shall furnish in advance the prescribed particulars of the ship and the cargo to the Principal Officer or to such other officer as may be specified for the purpose.
 
 
 
 
(4) A Surveyor may inspect the ship for the purpose of ensuring that the rules made under this section are complied with.
 
 
 
 
(5) If any of the rules made under this section is not complied with in relation to any ship, the owner or master of the ship shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand Taka, or with both, and the ship shall be deemed for purposes of this Part to be an unsafe ship.
 
 
 
 
Explanation. In this section, the expression “dangerous goods” means goods which by reason of the nature, quantity or mode of stowage are either singly or collectively liable to endanger the life or the health of person on or near the ship or to imperil the ship, and includes all substances within the meaning of the expression “explosives” as defined in the Explosives Act, 1884 (IV of 1884), and any other goods which the Government may, by notification in the official Gazette, specify as dangerous goods, but shall not include any fog or distress signals or like equipment required to be carried by the ship under this Ordinance or the rules or regulations made thereunder.
Carriage of grain
348. (1) Where grain is loaded on board any Bangladesh ship or is loaded on board any ship within any port or place in Bangladesh, all necessary and reasonable precautions shall be taken to prevent the grain from shifting; and if such precautions are not taken, the owner or the master of the ship or any agent of the owner who was charged with the loading or with sending the ship to sea laden with grain shall be punishable with fine which may extend to five thousand Taka, and the ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading.
 
 
 
 
(2) Where any ship which is loaded with grain outside Bangladesh without all necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port or place in Bangladesh so laden, the owners or the master of the ship shall be punishable with fine which may extend to Taka ten thousand, and the ship shall be deemed for the purpose of this Part to be unsafe by reason of improper loading:
 
 
 
 
Provided that this sub section shall not apply to a ship which would not have entered any such port or place but for stress of weather or any other circumstances that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
 
 
 
 
(3) On the arrival at a port or place in Bangladesh from a port or place outside Bangladesh of any ship carrying a cargo of grain, the master shall cause to be delivered at the office of the Principal Officer or to such other officer as may be specified by the Government in this behalf, a notice stating¬-
 
 
 
 
(a) the draught of water and free board of the said ship after the loading of the cargo was completed at the final port of loading; and
 
 
 
 
(b) the following particulars of the grain carried, namely:
 
 
 
 
(i) the kind of grain and quantity thereof stated in cubic feet, quarters, bushels or tons weight;
 
 
 
 
(ii) the mode in which the grain is stowed; and
 
 
 
 
(iii) the precautions taken to prevent the grain from shifting.
 
 
(4) If the master fails to deliver the notice required by sub section (3), or if in any such notice makes any statement that he knows it to be false in a material particular, or recklessly makes a statement that is false in a material particular, he shall be punishable with fine which may extend to five thousand Taka.
 
 
 
 
(5) A Surveyor or any other person authorised in this behalf by general or special order of the Government may, for securing the observance of the provisions of this section, inspect a ship carrying a cargo of grain and the mode in which such cargo is stowed therein.
 
 
 
 
(6) The Government may make rules prescribing in relation to loading of ships generally or of ships of any class the precautions to be taken, and when such precautions have been prescribed, they shall be treated for the purposes of this section to be included in the expression “necessary and reasonable precautions”.
 
 
 
 
(7) In this section, the expression “grain” includes wheat, maize, oats, rye, barley, rice, pulses and seeds and processed forms thereof whose behaviour is similar to that of grain in its natural state.
Carriage of bulk cargoes other than grain, etc.
349. (1) The Government may make rules in relation to the loading of bulk cargoes, other than grain as defined in sub section (7) of section 348 and oil in bulk, on any Bangladesh ship or in any ship within any port or place in Bangladesh.
 
 
 
 
(2) The owner or master of a ship in respect of which the provisions of any of the rules made under sub section (1) are contravened shall be punishable with fine which may extend to ten thousand Taka.
 
 

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