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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 28

UNSEAWORTHY AND UNSAFE SHIPS

Power to detain unsafe ship and procedure for detention
353. (1) Where a Bangladesh ship in any port or place to which the Government may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of under-manning or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed or for ascertaining the sufficiency of her crew and either finally detained or released as follows, namely:-
 
 
 
 
(a) the Government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed;
 
 
 
 
(b) a written statement of the grounds of such detention shall be forthwith served on the master of such ship;
 
 
 
 
(c) when the Government orders that a ship be provisionally detained, it shall either refer the matter to the Court of Survey for the Port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon; and, on receiving the report, may either order the ship to be released or, if in its opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the Government thinks necessary for the protection of human life;
 
 
 
 
(d) before an order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service, the owner or master may appeal against such report, in the manner prescribed, to the Court of Survey for the port where the ship is detained;
 
 
 
 
(e) where a ship has been provisionally detained and a person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the Court of Survey or, if there is no such list, or if it is impracticable to procure the attendance of any person named in such list, a person of nautical, engineering or other special skill and experience; if the Surveyor and assessor agree that the ship should be detained or released, the Government shall cause the ship to be detained or released accordingly, and the owner or master shall have no right of appeal; if the Surveyor and assessor differ in their report, the Government may act as if the requisition had not been made, and the owner or master shall have a right of such appeal touching the report of the Surveyor as is hereinbefore provided in this section;
 
 
 
 
(f) where a ship has been provisionally detained, the Government may, at any time, if it thinks fit expedient, refer the matter to the Court of Survey for the port where the ship is detained; and
 
 
 
 
(g) the Government may, at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either with or without any conditions.
 
 
 
 
(2) A Principal Officer or any other person appointed by the Government for the purpose, in this Ordinance referred to as a Detaining Officer, shall have the same power as the Government has under this section of ordering that a ship be provisionally detained for the purpose of being surveyed, and of appointing a person to survey her; and, if he thinks that a ship so detained by him is not unsafe, a Detaining Officer may order her to be released.
 
 
 
 
(3) A Detaining Officer shall forthwith report to the Government any order made by him for the detention or release of a ship.
 
 
 
 
(4) A ship detained under this section shall not be released by reason of her ceasing to be a Bangladesh ship subsequent to her detention.
 
 
(5) A Detaining Officer may, for the purpose of this Part,-
 
 
 
 
(a) go on board any ship and may inspect the same or any part thereof, or any of the machinery, equipment and cargo on board thereof, and require the unloading or removal of any cargo, ballast or tackle, not unnecessarily detaining or delaying her from discharging, unloading or proceeding on any voyage;
 
 
 
 
(b) by summons under his hand, require the attendance of all such persons as he thinks fit to call before him, examine such persons, and, by a like summons, require returns in writing to any inquiries he thinks fit to make;
 
 
 
 
(c) require and enforce the production of all books, papers or documents which he considers important; and
 
 
 
 
(d) administer oaths, or, in lieu of administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

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