361. (1) No person on any Bangladesh ship shall, when the ship is going ahead, give a helm or steering order containing the word “starboard” or “right” or any equivalent of “starboard” or “right”, unless he intends that the head of the ship shall move to the right, or give a helm or steering order containing the word “port” or “left” or any equivalent of “port” or “left”, unless he intends that the head of the ship shall move to the left. (2) Any person who contravenes the provisions of this section shall, for each offence, be punishable with fine which may extend to five thousand Taka.

362. (1) The master of a Bangladesh ship on meeting with-(a) dangerous ice;(b) a dangerous derelict;(c) a tropical storm;(d) air temperatures below freezing point associated with gale force winds causing severe ice accretion on the superstructure of the ship;(e) winds of force 10 or above on the Beauford scale for which no storm warning has been received; or(f) any other direct danger to navigation;shall send information accordingly by all means of communication at his disposal, and in accordance with such rules as the Government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules. Explanation. For the purposes of this sub section, the expression “tropical storm” means a hurricane, typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. (2) If the master of a ship fails to comply with the provisions of this section, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.

363. When ice is reported on or near his course, the master of every Bangladesh ship shall at night proceed at a moderate speed or alter his course so as to pass well clear of the danger zone.

364. (1) The master of a Bangladesh ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub section (3) or sub section (4). (2) Where the master of any ship in distress has requisitioned any Bangladesh ship that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of sub section (4). (3) The master shall be released from the obligation imposed by sub section (1) as soon as he is informed of the requisition of one or more ships other than his own and that the requisition is being complied with by the ship or ships requisitioned. (4) The master shall be released from the obligation imposed by sub section (1), and, if his ship has been requisitioned, from the obligation imposed by sub-section (2), if he is informed by the persons in distress that assistance is no longer required. (5) If the master of any Bangladesh ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of those persons; and if he fails to do so he shall be punishable with fine which may extend to ten thousand Taka. (6) The master of every Bangladesh ship for which an official log is required shall enter or cause to be entered in the official log book every signal of distress or message that a vessel, aircraft or person is in distress at sea. (7) Any master failing to comply with the provisions of sub section (1) or sub section (2) shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand Taka, or with both. (8) The Government may, by notification in the official Gazette, make rules prescribing- (a) the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom such information is to be communicated; (b) the signals which shall be signals of distress and of urgency, respectively; (c) the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked; and (d) the speed at which any message sent by radio telegraphy in connection with such signal is to be transmitted.

365. (1) Every Bangladesh ship shall be provided with such navigational and meteorological instruments, equipment and publications as the Government may by rules prescribe, and such rules may also prescribe the manner in which such instruments and equipment shall be maintained. (2) The Principal Officer or Surveyor may go on board any ship and inspect the instruments, equipment and publications maintained under sub section (1) with a view to satisfying himself that the provisions of that sub section have been duly complied with. (3) If the Principal Officer or Surveyor is of the opinion that the requirements under sub section (1) are not being complied with by any Bangladesh ship, he may detain the ship until such time as those requirements have been duly complied with.

366. (1) Every Bangladesh ship, being a ship of over one hundred and fifty tons gross, shall, when proceeding to sea from any port or place in Bangladesh, be provided with an efficient daylight signalling lamp of a type approved by the Government. (2) If any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof shall, for each offence, be punishable with fine which may extend to five thousand Taka.

367. (1) Every Bangladesh Ship shall make meteorological observations at such intervals and record the same in such meteorological log as may be prescribed. (2) Any Bangladesh ship or ships required by the Government to do so shall transmit meteorological reports at such times and to such authorities as may be appointed in this behalf. (3) The master of a ship in respect of which the provisions of sub section (1) or sub section (2) are contravened shall be punishable with fine which may extend to five thousand Taka. (4) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this section.

368. (1) The Government may, by notification in the official Gazette, make regulations for the prevention of collisions at sea, and may thereby regulate the lights and shapes to be carried and exhibited, the fog signals to be carried and used, and the steering and sailing rules to be observed by Bangladesh ships, and by sailing vessels and fishing vessels registered in Bangladesh. (2) The Collision Regulations, together with the provisions of sections 369 and 370, shall also be observed, while within Bangladesh Jurisdiction, by all ships other than Bangladesh ships and by all sailing vessels and fishing vessels not registered in Bangladesh, and, in any case arising in any Court in Bangladesh concerning matters arising within Bangladesh jurisdiction, such ships and vessels shall, for the purpose of application of the Collision Regulations and the said provisions, be treated as if they were Bangladesh ships, or sailing vessels or fishing vessels registered in Bangladesh, as the case may be.

369. (1) The owner or master of every ship and the owner, master or skipper of every sailing vessel or fishing vessel shall observe the Collision Regulations and shall not carry or exhibit any lights or shapes, or use any fog signals, other than those required by the said Regulations. (2) Any person who contravenes the provisions of sub section (1) shall, for each offence, be punishable with fine which may extend to twenty thousand Taka. (3) If any damage to person or property arises from the non observance by any such ship or vessel of any of the Collision Regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the ship or the vessel, as the case may be, at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the Regulations necessary.

370. (1) A Surveyor, or such other person as may be appointed by the Government in this behalf, may inspect any ship whether a Bangladesh ship or not, and any sailing vessel or fishing vessel whether registered in Bangladesh or not, for the purpose of seeing that the ship or vessel is properly provided with lights and shapes and the means of making for signals in conformity with the Collision Regulations, and, if the Surveyor or such other person finds that the ship or vessel is not so provided with, he shall give to the owner or to the master, or skipper, as the case may be, notice in writing, pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same. (2) Every notice so given shall be communicated in the prescribed manner to the Collector of Customs at any port or place from which such ship or vessel may seek to clear; and no Collector of Customs to whom such communication is made, shall grant such ship or vessel a port clearance or allow her to proceed to sea without a certificate under the hand of a person appointed as aforesaid to the effect that the ship or vessel is properly provided with lights and shapes and with means of making fog signals in accordance with the said Regulations.

371. Nothing in this Ordinance shall affect the operation of any rules concerning lights and signals to be carried, or the steps for avoiding collision to be taken, by vessels navigating the waters of any harbour, river or other inland navigation, made, whether before or after the commencement of this Ordinance, under any law for the time being in force

372. (1) In every case of collision between two ships, the master or person in charge of each ship, if and so far as he can do so without danger to his own ship, crew and passengers, if any, shall- (a) render to the other ship, her master, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision and stay by the other ship until he has ascertained that she has no need of further assistance, and (b) give to the master or person in charge of the other ship the name of his own ship and of the port to which she belongs and also the names of the ports from which she comes and to which she is bound. (2) If the master or person in charge fails, without reasonable cause, to comply with this section, he shall, for each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand Taka, or with both; and if he is a Certificated Officer, an inquiry into his conduct may be held, and his certificate may be suspended or cancelled.

373. (1) In every case of collision in which it is practicable so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the mate or one of the crew. (2) If a master fails to comply with this section, he shall be punishable with fine which may extend to five thousand Taka.

374. [Report to Government of accidents to ships.- Omitted by section 3 of the Bangladesh Merchant Shipping (Amendment) Act, 1988 (Act No. III of 1988).]

375. (1) If the owner or agent of any Bangladesh ship has reason, owing to the non appearance of the ship or to any other circumstances to apprehend that the ship has been wholly lost, he shall, within a reasonable time, send to the Government notice in writing of the loss and of the probable cause thereof stating the name of the ship, her official number, if any, and her port of registry. (2) If the owner or agent fails, without reasonable cause, to comply with this section, he shall be punishable with fine which may extend to five thousand Taka.

376. (1) Whenever by the fault of two or more ships, damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault: Provided that-(a) if having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;(b) nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed;(c) nothing in this section shall affect the liability of any person under any contract or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law or as affecting the right of any person to limit his liability in the manner provided by law. (2) For the purposes of this Chapter, references to damage or loss by the fault of a ship shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in law by way of damages.

377. (1) Whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several. (2) Nothing in this section shall be construed as depriving any person of any right of defence on which independently of this section, he might have relied in any action brought against him by the person injured or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

378. (1) Whenever loss of life or personal injuries are suffered by a person on board a ship owing to the fault of that ship and of any other ship or ships and a proportion of the damages is recovered from the owner of one of the ships which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other ship or ships, to the extent to which those ships were respectively in fault: Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefore. (2) In addition to any other remedy provided by law, the person entitled to any contribution under sub section (1) shall, for the purpose of recovering the contribution, have, subject to the provisions of this Ordinance, the same rights and powers as the persons entitled to sue for damages in the first instance.