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27/04/2024
Laws of Bangladesh

The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 25

LOAD LINE CERTIFICATES

Issue and duration, etc., of Load Line Certificates
332. (1) Where a Bangladesh ship has been surveyed and marked in accordance with the provisions of Chapter 24 and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee-
 
 
 
 
(a) in the case of a ship of not less than 150 tons gross, the keel of which was laid before the commencement of this Chapter, and in the case of a ship not less than 79 feet (24 metres) in length, the keel of which was laid after such commencement, a certificate to be called an International Load Line Certificate; and
 
 
 
 
(b) in the case of any other ship, a certificate to be called a Bangladesh Load Line Certificate:
 
 
 
 
Provided that no certificate under this sub section shall be issued in respect of a ship before the expiry of the similar certificate last issued.
 
 
 
 
(2) Every such certificate shall be issued either by the Government or by a person authorised by it in this behalf and shall be in such form and manner as may be prescribed by the Load Line Rules.
 
 
 
 
(3) The Government may request the Government of a country to which the Load Line Convention applies, to issue a certificate in the form of an International Load Line Certificate under that Convention in respect of a Bangladesh Ship, and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Chapter as if it had been issued by the Government.
 
 
(4) Where in respect of a ship, a certificate issued under sub section (3) and for the time being in force is produced-
 
 
 
 
(a) the ship shall be deemed to have been surveyed in accordance with the Load Line Rules; and
 
 
 
 
(b) if lines are marked on the ship corresponding in number and description to the deck line and load lines as required by the Load Line Rules and the position of those lines so marked corresponds with the position of the deck line and load lines specified in the certificate, the ship shall be deemed to be marked as required by those Rules.
 
 
 
 
(5) Every Load Line Certificate issued by or under the authority of the Government shall, unless it is extended in accordance with the provisions of sub section (6), expire at the end of such period, not exceeding five years from the date of its issue, as may be specified therein.
 
 
 
 
(6) Any such Load Line Certificate may, after a survey not less effective than the survey required by the Load Line Rules before the issue of the certificate, be extended by the Government or by a person authorised by it to issue a Load Line Certificate, for such period not exceeding five months as the Government or the person extending the certificate thinks fit:
 
 
 
 
Provided that no certificate in respect of a ship shall be extended if there have been such alterations in the structure, equipment, arrangements, materials or scantlings as affect the free board originally assigned to the ship.
 
 
 
 
(7) An extension of a certificate under sub section (6) shall be endorsed on the certificate in the manner provided by the Load Line Rules.
 
 
 
 
(8) The Government may cancel any such Load Line Certificate in force in respect of a ship if it has reason to believe that-
 
 
 
 
(a) material alterations have taken place in the hull or superstructures of the ship which affect the position of the load lines; or
 
 
(b) the fittings and appliances for the protection of openings, the guard rails, the freeing ports or the means of access to the crew's quarters have not been maintained on the ship in as effective a condition as they were when the certificate was issued; or
 
 
 
 
(c) the markings of the deck line and load line on the ship have not been properly maintained.
 
 
 
 
(9) The owner of a ship in respect of which any such certificate has been issued shall, so long as the certificate remains in force, cause the ship to be periodically inspected in such manner and at such intervals as may be prescribed by the Load Line Rules; and, if the ship is not caused to be so inspected, the Government shall cancel the certificate.
 
 
 
 
(10) Where any such Load Line Certificate has expired or been cancelled, the Government may require the owner or master of the ship to which the certificate relates, to deliver up the certificate to such authority as it directs, and the ship may be detained until such requirement has been complied with, and if the owner or master fails, without reasonable cause, to comply with such requirement, he shall, for each offence, be punishable with fine which may extend to five thousand Taka.
 
 
 
 
(11) On the survey of any ship in pursuance of this section there shall be paid by the owner of the ship such fee as may be prescribed.

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Ministry of Law, Justice and Parliamentary Affairs