7 Questions Answered According to Merchant Shipping Act - 1983 (Bangladesh)

The questions answered below is according to Merchant Shipping Act - 1983 

1. What do you mean by unseaworthy ship ?

A ship is “unseaworthy” when
    - the materials of which she is made,
    - her construction,
    - the qualifications of the crew including officers,
    - the weight, description and stowage of the cargo and ballast,
    - the condition of her hull and equipment, boilers and machinery are not in every respect fit for the proposed voyage or service.

2. What are the general rules concerning life saving appliances and fire appliances to be carried by every Bangladesh ship going to sea ?

1. The Government may, by notification in the official gazette, make rules prescribing the life saving appliances and fire appliances to be carried by every Bangladesh ship going to sea. 

2. The rules may cover following aspects in terms of Life Saving Eqpt:

    a. The arranging of ships into classes based on various criterions.

    b. The number, description and mode of construction of the life boats, life-rafts, life-jackets, life-buoys, buoyant appliances and line throwing appliances to be carried by ships according to the classes.

    c. The equipment to be carried by any such boats and rafts and the method to get them into the water.

    d. The provision for proper supply of lights and smoke signals inextinguishable in water.

    e. The position and means of securing the boats, life-rafts, life-jackets, life-buoys and buoyant apparatus.

    f. The marking of boats, life-rafts, and buoyant apparatus to show their dimensions and the number of persons authorised to be carried on them.

    g. The manning of life boats and the qualification and certificates of life- boatmen.

    h. The provision for mustering the persons on board and for embarking them in the boats.

    j. The provision of suitable means outside the engine room to prevent any discharge of water into the boats.

    k. The assignment of specific duties to each member of the crew in case of emergency.

    m. The practice of boat drills.

3. The rules may cover following aspects in terms of Fire Fighting:

    a. The methods to be adopted and the appliances to be carried on board for the prevention, detection and extinction of fire.

    b. The plans and other information and means of preventing, detecting, controlling and extinguishing outbreak of fire.

    c. The practice of fire drills.

    d. The means of making effective distress signals by day and by night.

    e. The periodical examination and maintenance of fire fighting appliances.

    f. The assignment of specific duties to each member of the crew in case of emergency.

Inspection of life saving appliances and fire appliances

1. A surveyor may, at any reasonable time, inspect any ship to ensure the life saving and fire appliances.

2. If the surveyor finds that the ship does not have the life-saving and fire appliances he shall give notice to the master or owner in writing pointing out the deficiency and also opinion to remedy the same.

3. Every notice so given shall be communicated to the customs collector.

4. The ship shall be detained until a certificate signed by such surveyor.

3. What is shipping casualty and report thereof?

1. A shipping casualty shall be deemed to occur when-

a. on or near the coasts of Bangladesh, including the territorial waters, any ship is lost, abandoned, stranded or materially damaged

b. any ship causes loss or material damage to any other ship on or near such coasts

c. any loss of life happening on board any ship on or near those coasts

d. in any place, any such loss, abandonment, stranding, material damage or casualty occurs onboard any Bangladesh ship, and any competent witness thereof is found in Bangladesh;

e. any Bangladesh ship is lost or is supposed to have been lost, and any evidence is obtainable in Bangladesh that she proceeded to sea or was last heard of.

2. The master shall give immediate notice of the shipping casualty to the officer appointed by the Government. If such officer is not the Principal Officer himself, he shall inform the nearest Principal Officer of the shipping casualty.

3. When the ship proceeds to any place in Bangladesh from the place where the shipping casualty has occurred, the master of the ship shall, on arriving in Bangladesh, give immediate notice of the shipping casualty to the nearest Principal Officer.

4. Any person bound to give notice and willfully failing to give the same shall be punishable with fine which may extend to Tk 20,000.

5. Whenever any Principal Officer receives credible information that a shipping casualty has occurred, he shall immediately communicate in writing the information to the Government.

4. What do you understand by ‘Certificate of inspection’ of fishing vessel ? What particulars are specified in the certificate of Inspection ?

1. No fishing vessel shall proceed to sea unless a Certificate of Inspection is in force.

2. A Certificate of Inspection in respect of a fishing vessel shall include the following:

a. the name and tonnage of the vessel;

b. the name, occupation and address of the owner;

c. the name of the skipper and engine driver;

d. the type of engine;

e. the minimum number of crew that may be carried;

f. the limits within which the vessel may be used for purposes of fishing;

g. the particulars of life saving and fire appliances, and lights and shapes, and the means of making fog and distress signals carried on board and shall contain a statement to the effect that her hull, machinery and equipment are in good condition.

3. A Certificate of Inspection shall be in force for one year or for such shorter period as may be specified therein.

4. The Collector of Customs shall not grant a port clearance until the production of a Certificate of Inspection in respect of the vessel.

5. After the issuance of a Certificate of Inspection in respect of a fishing vessel, the Government believes that the vessel is not fit to proceed to sea, it may cancel such certificate after giving the owner an opportunity of making a representation.

6. A fresh Certificate of Inspection shall not be issued until the authority is satisfied that the vessel is fit to proceed to sea.

5. What is the constitution of court of survey ?

1. A Court of Survey for a port shall consist of a Judge sitting with two assessors.

2. The assessors shall be persons of nautical, engineering or other special skill or experience.

3. In case of ships other than Bangladesh ships, one of the assessors shall be appointed by the Government and the other shall be summoned by the Judge from a list prepared by the Government, or, if there is no such list, shall be appointed by the Judge.

6. How to register a Bangladeshi Merchant Ship? (Registration of a Bangladeshi Merchant Ship.)

(1) Every Bangladesh ship to which this Ordinance applies shall have to be registered under this Ordinance.

(2) A ship required to be registered under sub section (1)-

(a) shall not be recognised as a Bangladesh ship until she is so registered, and

(b) may be detained until the master produces a Certificate of Registry in respect of the ship.

(3) A ship registered at any time before the commencement of this Ordinance at any port in Bangladesh under any law for the time being in force shall, for a period of six months from such commencement or for such further period as may be specified in this behalf by the Government, be deemed to be registered under this Ordinance and be recognised as a Bangladesh ship and, if she is not registered under this Ordinance within such period, shall be liable to be forfeited to the Government.

(4) For the purpose of registration under this Ordinance of a ship referred to in sub section (3) within the period specified therein, the provisions of this Ordinance shall have effect as if sections 19, 21 and 22 were omitted.

7. What is Port of Registry of Bangladesh? 

1) The port of Chittagong, and such other ports in Bangladesh as the Government may, by notification in the official Gazette, specify in this behalf, shall be the ports of registry at which Bangladesh ships may be registered under this Ordinance.

(2) The port of registry at which a Bangladesh ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.

Tags: The Bangladesh Merchant Shipping Ordinance, 1983, বাংলাদেশ মার্চেন্ট শিপিং এ্যাক্ট এন্ড রুলস, বাংলাদেশি মার্চেন্ট শিপ কিভাবে রেজিস্ট্রেশন করতে হয়, শিপের দূর্ঘটনা হলে করনীয়