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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 23

SAFETY CONVENTION CERTIFICATES.

Prohibition on proceeding to sea without certificates
319. (1) No Bangladesh passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship either-
 
 
 
 
(a) a Passenger Ship Safety Certificate issued under section 309, or
 
 
 
 
(b) a Qualified Passenger Ship Safety Certificate issued under that section and Exemption Certificate issued under section 313,
 
 
 
 
being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
 
 
 
 
(2) No sea going Bangladesh ship of five hundred tons gross or upwards other than a passenger ship shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there is in force in respect of the ship-
 
 
 
 
(a) such certificate or certificates as would be required in her case by the provisions of sub section (1) if she were a passenger ship, or
 
 
 
 
(b) such certificates as are required in her case by the provisions of sections 310, 311, 312 and 313,
 
 
being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
 
 
 
 
(3) No sea going ship as aforesaid, being of less than five hundred but not less than three hundred tons gross, shall proceed to sea, except on voyages between ports or places situated within Bangladesh, unless there are in force in respect of the ship such certificates as are required in her case by the provisions of sections 311 and 313, being certificates which by the terms thereof, are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
 
 
 
 
(4) No Bangladesh ship shall proceed on any voyage between ports or places situated within Bangladesh unless there is in force in respect of the ship such certificate or certificates as may be prescribed being a certificate or certificates which by the terms thereof is or are applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
 
 
 
 
(5) The master of every ship to which this section applies shall produce, to the Collector of Customs from whom a port clearance for the ship is sought, the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and port clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced.
 
 
 
 
(6) If any ship to which this section applies proceeds or attempts to proceed to sea in contravention of any of the foregoing provisions of this section, the master or owner shall, without prejudice to any other liability under this Ordinance, for each offence, be punishable, in the case of a passenger ship, with fine which may extend to twenty thousand Taka and, in the case of any other ship, with fine which may extend to fifteen thousand Taka.
 
 
 
 
(7) Where an Exemption Certificate issued under section 313 in respect of any ship to which this section applies specifies any conditions on which the Certificate is issued and any of those conditions is contravened, the master or owner of the ship shall, for each offence, be punishable with fine which may extend to ten thousand Taka.

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