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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 28

UNSEAWORTHY AND UNSAFE SHIPS

Unseaworthy ship not to be sent to sea
351. (1) Every person who sends or attempts to send a Bangladesh ship to sea from any port or place in Bangladesh in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such an unseaworthy state was under the circumstances reasonable and justifiable, be punishable with imprisonment which may extend to two years, or with fine which may extend to forty thousand Taka, or with both.
 
 
 
 
(2) Every master of a Bangladesh ship who knowingly takes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances reasonable and justifiable, be punishable with imprisonment which may extend to two years, or with fine which may extend to forty thousand Taka, or with both.
 
 
 
 
(3) For the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness.
 
 
 
 
(4) No prosecution under this section shall be instituted except by, or with the consent of, the Government.

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