Ordinance Activities

THE PILOTAGE ORDINANCE 1969

E.P. Ordinance No. V of 1969 as amended by the Pilotage (Amendment) Ordinance, 1973, (Ordinance No. XXVIII of 1973).

1.          Short title, extent and commencement –

(1) This Ordinance may be called the Pilotage Ordinance, 1969.

(2) It extends to the whole of Bangladesh .

(3) It shall come into force atonce.-

2.                Definitions :

In this Ordinance, unless there is anything repugnent in the subject or context-

(a) “Authority means the Bangladesh Inland Water Transport Authority;

(b) “Chairman” means the Chairman of the Authority;

(c) “Inland Water” means any canal, river or other navigable water in
Bangladesh

;

(d) “Pilot” means a pilot of the Authority; and

(e) “Vessel” means every description of the vessel ordinarily plying on inland waters and propelled wholly or in part by steam, electricity or other mechanical power, and includes a dumb barge, flat and any other craft not mechanically propelled when towed or pushed by a mechanically propelled vessel.

3.     Certain vessels not to ply without pilot :

(1)    A vessel not registered in Bangladesh shall    not ply on any inland water without a pilot on board.

(2)    A vessel registered in Bangladesh and having a hull of one hundred tons or above displacement shall not ply without a pilot on board any inland water between-

(a)            Chandpur and Barisal

(b)            Chandpur and Ilishaghat.

(c)             Barisal and Ilishaghat.

(d)            Ilishaghat and Chittagong , and

(e)            Mongla and Jhalokathi via Mongla- Ghasiakhali Canal .

(3)    Notwithstanding anything contained in sub-section (1) and (2) the owner, the agent or the master of a vessel which is by these sub-sections required to have a pilot on board, Shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would have been if the vessel had not been required by these sub-sections.

4.                Penalty – If any vessel plies in contravention of section 3, the owner, the agent and the master there of shall each be punishable with fine which may extend to five hundred Taka, or with imprisonment for a term which may extend to six months or with both.

5.                Procedure –

(1) No court inferior to that of a Magistrate of the first class shall try an offence under this Ordinance.

(2) A court trying an offence under this ordinance may make orders for the detention of the vessel till such time as a pilot is taken on board.

(3) No Prosecution for an offence punishable under this Ordinance shall be instituted except on a complaint made in writing by the Chairman or any person authorized by the Chairman in this behalf.

(4) A offence under this Ordinance may be tried in any place in which the offender may be found or which the Government by notification in the official Gazette, appoints in this behalf or in any other place in which the offender might be tried under the Code of Criminal Procedure 1898.(Act V of 1898).

6.     The Government may make rules for carrying out the purposes of this Ordinance.

COMPULSORY PILOTAGE

Compulsory pilotage has been introduced on the following routes of Inland Waterways with immediate effect. Operators are requested to take pilots on board their vessels while plying on these routes. Vessels found plying without pilots shall be liable to be prosecuted under section 4 of Ordinance No. V of 1969 :-

Compulsory Pilotage rontes round the year

(1) Khulna – Mongla

(2) Jhalokathi – Barisal

(3) Chandpur – Narayangonj

(4) Dhaka – Narayangonj to Bhairab bazar.

Seasonal compulsory pilotage routes for the period from 15^th April to 15^th October.

(1) Chandpur – Aricha

(2) Aricha – Daikhawa

(3) Bhairab bazar – Jakiganj.

Banlgadesh Inland water Transport Authority, Notice No. C.W-16/18 Dateed 22.02.1984 :

GOVERNMENT OF EAST PAKISTAN

LAW (LEGISLATIVE) DEPARTMENT

The Inland Water Transport Authority Ordinance, 1958

(E. P. Ordinance No. LXXV of 1958)

(As modified up to the 11th March, 1997)

Officer on Special Duty, S. & G. A. Department,

In-Charge, East Pakistan Government Press, Dacca .

Price-0.37

STATEMENT OF AMENDMENTS

Amended   -       The East Pakistan Inland Water Transport Authority (Amendment                      Ordinance, 1959 ( East Pakistan Ordinance No. IX 1959).

                -       The East Pakistan Inland Water Transport Authority (Second                             Amendment) Ordinance, 1959 (E. P. Ord. No. XV of 1959).

                *      The East Pakistan Inland Water Transport Authority (Amendment)                     Ordinance, 1961 (E. P. Ord. No. XLII of 1961).

                *      The East Pakistan Inland Water Transport Authority (Amendment)                     Act. 1967 (E. P. Act No. X of 1967)

                *      The East Pakistan Inland Water Transport Authority (Amendment)                     Ordinance, 1968 (E. P. Ord. No. VI of 1968)

                *      The East Pakistan Inland Water Transport Authority (Amendment)                     Ordinance, 1970 (E. P. Ord. No. IX of 1970)

                *      The Inland Water Transport Authority (Amendment) Ordinance,                         1977 ( Ord. No. LV of 1977)

                *      The Inland Water Transport Authority (Amendment) Act. 1997                   (Act. No. IX of 1997)

In reprinting this ordinance, amendments have been inserted in proper places with explanatory foot-notes.

Excerpt from The Inland Water Transport Authority (Amendment) Ordinance, 1977 (Ord. No. LV of 1977: ''In the Inland Water Transport Authority Ordinance, 1958 (E. P. Ord. LXXV of 1958) ..........., except in the preamble and unless otherwise provided, throughout the Ordinance-

(a)   for the words " East Pakistan' the word "Bangladesh" shall be substituted; and

(b)   for the words'' Provincial Government" the word "Government" shall be substituted.

East Pakistan Ordinance LXXV of 1958.

THE INLAND WATER TRANSPORT AUTHORITY ORDINANCE, 1958.

Contents

Sections.

Short title, extent and commencement.

Definitions.

Establishment and Incorporation of Authority.

Appointment and term of office of Chairman and members.

Remuneration and conditions of service.

Removal of Chairman or members.

Meetings of Authority.

Advisory Committee.

Powers of the Government of supersede the Authority.

Temporary association of members with the Authority for particular purposes.

Sub-Committees.

Determination of number, designation, etc. of officers and servants of the Authority.

Power of appointment, suspension, etc, of officers and servants of the Authority.

Delegation of powers to the Chairman.

Functions of the Authority.

Amendment and sanction of schemes.

Immunity of the Authority and its employees.

Submission of yearly reports and returns, etc.

Authority Fund.

Authority to be deemed to be a local Authority.

Limited liability.

Maintenance of accounts.

Annual statement of accounts.

Audit.

Power to make rules.

East Pakistan Ordinance No. LXXV of 1958.

THE INLAND WATER TRANSPORT AUTHORITY ORDINANCE, 1958.

AN

ORDINANCE

To set up an Authority for development, Maintenance and control of inland water transport and of certain inland navigable waterways.

WHEREAS it is necessary to make provisions for setting up of an Authority for the development, Maintenance and control of inland water transport and of certain inland navigable waterways.

AND WHEREAS the Provincial Assembly of East Pakistan has been dissolved with the abrogation of the Constitution by the Proclamation of the President on 7th October. 1958.

AND WHEREAS the Governor of a Province has been vested with the powers of promulgating ordinance as if clauses (1) and (3) of Article 102 of the Constitution are still in force:

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Articles 5 of Laws (Continuance in Force) Order, 1958, promulgated by the President of Pakistan on the 10th October. 1958 and of all other powers enabling him in that behalf the Governor of East Pakistan is pleased to make and promulgate the following ordinance:

President's (Post proclamation) Order No. 1 of 1958.

Short title. Extent and Commencement

☼ 1. (1) This Ordinance may be called the (*) Inland Water        Transport Authority Ordinance. 1958

        (2) It extends to the whole of Bangladesh .

        (3) It shall come into force at once.

Definitions

2. In this ordinance, unless there is anything repugnant in      the subject or context,-

     (i) ''Authority '' means the Inland Water Transport                   Authority established under section 3 of this                  Ordinance;

     (ii) " Chairman" means the Chairman appointed under                section 4 of this Ordinance; and

     (iii) "Prescribed" means prescribed by rule made under this Ordinance.

* The ordinance was applied to the Chittagong Hill-tracts with effect from 15-1-59 vide Notifications No. 6912-H.T. dated 31-8-59 published in the Dacca Gazette, Part 1 page 684, dated 10-9-59.

* Amended vide Notification No. 920-pub. November 19, 1977 (Ord. No. LV of 1977)

(*) The words '' East Pakistan '' were omitted vide Ord. No. LV of 1977.

                        The Inland Water Transport Authority Ordinance, 1958             (2)

                                (Secs. 3-6)                         (E. P. Ord. No. LXXV)

Establishment and Incorporation of Authority

3. (1) The Government may, by notification in the Official Gazette, establish an Authority to be known as the Inland Water Transport Authority for carrying out the purposes of this Ordinance.

* (2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, and any other law for the time being in force, to acquire, hold and dispose of, by lien, mortgage, sale, alienation or otherwise, property, both movable and immovable, and shall by the said name sue and be sued.''

Appointment and term of office of Chairman and Members.

**4. (1) The Authority shall consist a Chairman and such number of members as the Government may from time to time determine.

*** (1A) The Chairman and the members of the Authority shall be the wholetime officers of the Authority and shall be appointed by the Government on such terms and conditions as it may determine.

(2) The term of office of the Chairman shall be five years and that of member three years.

**** (3) Omitted

(4) Any person ceasing to be the Chairman or member by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide.

(5) The Chairman or any member may at any time resign:

Provided that his resignation shall not take effect until accepted by the Government.

(6) In the case of temporary absence of the Chairman or any member, the Government may appoint a Chairman or a member, as the case may be, for the period of absence.

Remuneration and conditions of service,

5. The Chairman and each member shall receive such salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Ordinance or by any rules framed under it.

Removal of Chairman or Members.

6. The Government may, by notification in the Official Gazette, remove the Chairman or any member-

(a) if he refuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Ordinance; or

(b) if he has been declared insolvent; or

(c) if he has been declared to be disqualified for employment in, or has been dismissed from the service of the Republic, or has been convicted of an offence involving moral turpitude; or

(d) if he has knowingly acquired or continued to hold without the permission in writing of the Government , directly or indirectly or through a partner, any share or interest in any contract or

          *   Substituted vide Act IX of 1997.

        **   Ibid.

      ***   Added vide Act IX of 1997.

    ****   Omitted vide Act IX of 1997.

(3)                    The Inland Water Transport Authority Ordinance, 1958

                                (Secs. 7-9)                 (E. P. Ord. No. LXXV)

employment with or by or on behalf of the Authority or in any land or property which, in his knowledge, is likely to benefit him or has benefited him as a result of the operation of the Authority.

Meetings of authority,

7. (1) The Authority shall meet at such time and place and in such manner, as may be prescribed:

Provided that until rules are made in this behalf, such meetings shall be convened by the Chairman.

(2) The Chairman, or in his absence a member authorized by him, and one other member shall be present to constitute a quorum at a meeting of the Authority.

(3) The Chairman shall have power to vote in a meeting of the Authority and In the case of equality of votes he shall have a casting vote also.

Advisory Committee

* 8. (1) The Government may constitute, as and when it considers necessary so to do, an Advisory Committee consisting of the Chairman who shall also be the Chairman of the Committee and such number of the other members as the Government may deem fit''.

(2) The Secretary of the Authority shall act as the Secretary of the Advisory Committee.

(3) The Advisory Committee shall meet at least once in every three months and the meetings of the advisory Committee shall be called by the Chairman.

(4) The members of the Advisory Committee shall be entitled to such fees and allowances as may be prescribed.

(5) The Advisory Committee may advise the Authority in respect of all matters relating to the development, maintenance and operation of inland water transport and of inland waterways in Bangladesh .

**(6) Omitted.

Powers of the Government to supersede the Authority.

9. If, in the opinion of the Government, the Authority have shown their incompetency, to perform or have persistently made default in the performance of the duties imposed on them by or under this ordinance or have exceeded or abused their powers, the Government may, by an order published in the Official Gazette, supersede them for a period specified in the order;

Provided that the Government before six months of such order or super session shall give notice to the Authority to show cause why such action shall not be taken and also to provide them an opportunity to take remedial measures;

provided further that except in case of misappropriation of

* Substituted vide Ord. No. LV of 1977

** Omitted.

                        The Inland Water Transport Authority Ordinance, 1958             (4)

                                (Secs. 10-14)              (E. P. Ord. No. LXXV)

Authority funds or persistent default in the performance of duties by the Authority the Government shall not ordinarily exercise powers under this section.

Temporary association of members with the Authority of particular purposes

10. (1) The Authority may associate with themselves any person whose assistance or advice they may desire in carrying out any of the provisions of this ordinance.

(2) A Person associated with themselves by the Authority under sub-section (I) for any purpose shall have a right to take part in the discussions of the Authority.

Sub-committees.

11. The Authority may constitute sub-committees from amongst the members of the Advisory Committee constituted under section 8 and associated member under section 10 of this ordinance to study and advise on the specific local requirements.

Determination of number, designation, etc, of officers and servants of the Authority.

12. The Authority may, subject to such conditions as may be prescribed, determine the number, designation and grade of officers and servants whom the Authority consider necessary to employ for the purpose of this ordinance and the amount and nature of salary and allowances to be paid to each such officer and servant.

Power of appointment suspension etc. of officers and servants of Authority

13. The power of appointing, promoting and granting leave to officers and servants of the Authority and reducing in rank, suspending and dismissing them for misconduct, shall, subject to such conditions as may be prescribed, be vested in the Authority.

Transfer of Officers of deputation

*13A. (1) Notwithstanding anything contained in this ordinance or in any other law, rule or regulation for the time being in force, the Government may, if it considers necessary in the public interest, transfer on deputation any Officer of the Authority to Chittagong Port Authority established under the Chittagong Port Authority Ordinance 1976 (LII of 1976) and Mongla Port Authority established under the Mongla Port Authority Ordinance, 1976 (LIII of 1976) and vice versa.

Delegation of Powers to Chairman etc.

*14. The Authority may by general or special order, delegate to Chairman or a Member or an Officer of the Authority any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.

* New section 13A added and section 14 substituted vide the Inland Water Transport     Authority Ordinance         (Amendment) Act. 1997 (Act IX of 1997)

(5)                    The Inland Water Transport Authority Ordinance, 1958

                                (Sec. 15)            (E. P. Ord. No. LXXV)

Functions of the Authority

15. (1) The Authority may perform any or all of the following functions namely:-

   (i)          carry out river conservancy works including river training works for navigational purposes and for provision of aids to navigation, including marks, buoys, lights and semaphore signals;

(ii)          disseminate navigational and meteorological information including publishing river charts;

(iii)          maintain pilotage and hydrographic survey services;

(iv)          draw up programmers of dredging requirements and priorities for efficient maintenance of existing navigable waterways, and for resuscitation of dead or dying rivers, channels, or canals, including development of new channels and canals for navigation;

(v)          develop, maintain and operate inland river ports, landing ghats and terminal facilities in such ports or ghats:

(vi)          carry out removal of wrecks and obstructions in inland navigable waterways;

(vii)          conduct traffic surveys to establish passenger and cargo requirements on the main rivers. feeders and creek routes;

(viii)          develop the most economical facilities for passenger traffic to ensure comfort, safety and speed on mechanized craft;

(ix)          fix maximum and minimum fares and freight rates for Inland Water Transport on behalf of the *Government as provided in section 59 of the Inland Shipping Ordinance, 1976.

(x)          approve time-tables for passenger services;

(xi)          develop rural water transport by progressing of schemes for modernizing and mechanizing and country craft;

(xii)          ensure co-ordination of Inland Water Transport With other forms of transport, with major sea ports and with trade and agricultural interests for the optimum utilization of the available transport capacity;

(xiii)          conduct research in matters relating to Inland Water Transport including development of-

* Amended vide Ord. No/LV of 1977
                The Inland Water Transport Authority Ordinance, 1958             (6)

                                (Secs. 16-17)              (E. P. Ord. No. LXXV)

(a)   craft design.

(b)   technique of towage,

(c) landing and terminal facilities,

(d)   post installations;

*(xiv) arrange programmers of technical training for Inland Water Transport ;

(xv) maintainliaison with the shipyard and ship repair industry to meet the requirements of the Inland Water Transport fleet repairs and new constructions;

(xvi) facilitate import of repair materials for the Inland Water Transport Industry;

(xvii) prepare plans or development schemes for carrying out any of the above-mentioned functions;

(xviii) any other function or functions which the Government may, from time to time, prescribe.

*** (2) The procedure prescribed by the Government from time to time for preparation and approval of development scheme shall apply in the matter of preparation and approval of development scheme of the Authority;

**** (3) Omitted

Powers regarding enforcement of certain rules, regulations and laws made by the Government.

(4) The Authority shall subject to permission and approval of the Government, have powers to enforce rules and regulations or nay law, either wholly or in part, pertaining to inland waterways and the control of traffic thereon.

***** 16. Omitted

Immunity of the Authority and its employees.

* 17 (1) The Chairman, Members, Officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this ordinance, be deemed to be public servants within the meaning of section 21 of the Bangladesh Penal Code.

(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the chairman, Members or Officers and servants of the Authority in respect of anything done or intended to be done, in good faith under this ordinance.

XLV of 1860

              * Amended vide Ord. No. LV of 1977

           ** Amended vide Act. No. IX of 1997

         *** Substituted vide Act. No. IX of 1997

      **** Omitted vide Act. No. IX of 1997

    ***** Omitted vide Act. No. IX of 1997

(7)                    The Inland Water Transport Authority Ordinance, 1958

                                (Secs. 18-19)              (E. P. Ord. No. LXXV)

Submission of yearly reports and returns, etc.

18. (1) The Authority shall submit to the Government, as soon as possible after the end of every financial year but before the last day of March nest following, a report on the conduct of their affairs for that year.

(2) The Government may require the Authority to furnish:

   (i)          any return statement, estimate, statistics or other information regarding any matter under the control of the Authority, or

(ii)          a report on any such matter, or

(iii)          a copy of any document in the charge of the Authority and the Authority shall comply with every such requisition.

Authority Fund.

19. (1) There shall be a fund to be known as the ''Authority Fund'' vested in the Authority which shall be utilized by the Authority to meet charges in Connection with their functions under this Ordinance including the payment of salaries and other remunerations to the Chairman and Members of the Authority and to their officers and servants.

(2) The Authority Fund shall consist of -

(a) grants made by the Government;

(b) loans obtained from the government;

* ¹[ (c) tolls, taxes or fees in respect of the following items;

                           (i)      inland waterways and the traffic thereon,

                         (ii)      shipping and navigation on tidal waters,

                      (iii)      goods and passengers carried on inland waterways,

                       (iv)      boats, launches and steamers on inland waters,

                         (v)      tolls for maintenance of navigable waterways,

                       (vi)      terminal taxes and other dues at inland ports, and

                    (vii)      fees for river conservancy works and pilotage services;

Provided that the following shall not form part of the Authority Fund:

                           (i)      fees levied under Chapters II and III of the **Inland shipping Ordinance, 1976.

                         (ii)      taxes reserved for specified purposes.]

*** (cc) The Government may empower the Authority to realize any or all of the tolls, taxes or fees specified in clause (c) of this sub-section;

I of 1976

*      Amended vide Notification No-420-L dated 22.6.67 (E. P. Act. No. X o 1967).

**     Substituted vide Notification No. 920-Pub. Dated 19.11.77 (Ord. No. LV of 1977).

***   This clause was inserted by section 3 of the east pakistan Inland Water Transport

        Authority (Second Amendment) Ordinance, 1959 (E.P. Ord. No. XV of 1959).

                        The Inland Water Transport Authority Ordinance, 1958             (8)

                                (Secs. 20-23)              (E. P. Ord. No. LXXV)

(d)    sale-proceeds of bonds issued under the Authority of        the Government;

(c)    loans or grants obtained by the Authority with the special or general sanction of the government;

(f)     foreign aid and loans obtained from the Development      Land Fund or the International Bank of     Reconstruction and Development or otherwise, with the sanction of , and on such terms and conditions as      may be approved by the Government; and

(g)    all other sums received by the Authority.

*(3) The Government may levy tolls, taxes, fees, or charges, in respect of all or any of the items, as specified in clause (c) of sub-section (2), at such rate and in such manner as are and/or as may be prescribed.

** 19A. Omitted.

(19B) Tolls, taxes, fees or charge levied under sub-section (3) of section 19 shall be recoverable as arrear of Land Revenue under the Public Demands Recovery Act. 1913.

Ben Act III of 1913

Authority to be deemed to be a local Authority.

20. The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Ordinance shall be deemed to be work which such Authority is legally authorized to carry out.

IX of 1914

Limited liability.

21. The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.

Maintenance of accounts.

22. The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by the Government.

Annual statement of accounts

**** ``23. Budget,- The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget in the prescribed form for next financial year showing the estimated receipts and expenditure and the sums which are likely to be required for the Government during that financial year.''

* This clause was inserted by section 3 of the east Pakistan Inland Water Transport Authority (Second Amendment) Ordinance, 1959 (E. P. Ord. No. XV of 1959)

** This new sub-section was added vide E.P. P. Ord. No. IX of 1970.

*** New sections 19A and 19B was added vide E. P. Act. No. X of 1967 and section 19A was Omitted vide E. P. Ord. No. IX of 1970.

**** Substituted vide Act. No. IX of 1997.

(9)                    The Inland Water Transport Authority Ordinance, 1958

                                (Secs. 24-25)              (E. P. Ord. No. LXXV)

Audit

*24. Audit - (1) Without prejudice to the provisions of the Comptroller and Auditor General (Additional Functions) Act. 1974 (XXIV of 1974), the accounts of the Authority shall be audited by not less than two Auditors, being Chartered Accountants within the meaning of the Bangladesh Chartered Accountants Order, 1973 (P. O. No. 2 of 1973) who shall be appointed by the Authority, with the approval of the Government. on such remuneration to be paid by the Authority as the Government may fix.

(2) The Authority shall carry out any directive issued by the Government for ratification of an audit objection.

Power to make rules.

25. The Government may make rules for carrying out the purposes of the Ordinance not otherwise specifically provided for.

* Substituted by the Inland Water Transport Authority (Amendment) Act. 1997 (Act IX of 1997)

THE INLAND SHIPPING ORDINANCE, 1976

CONTENTS

CHAPTER-1

Preliminary

Sections

1.   Short title and extent.

2.   Definitions.

CHAPTER II

Registration and Survey

3.   Inland Ships to be surveyed and registered.

4.   Places of survey and registry.

5.   Powers of surveyors and registrars.

5A. Approval of design and plan of an inland ship.

6.   Survey fee, etc.

7.   Declaration of surveyor.

8.   [Omitted]

9.   Grant of certificate of survey.

10. Certificate of survey to be affixed in conspicuous part of inland ship.

11. Duration of certificate of survey.

12. Renewal of certificate of survey.

13. Delivery of expired or cancelled certificate.

14. Power of Government to direct survey by more than one survyor.

15. Power for Government to order a second survey.

16. Division of duties when more than one surveyor employed.

17. Application for registration.

18. Grant of certificate of registration.

19. Display of registration number.

20. Maintenance of book of registry.

21. Certificate of registry to be carried on board.

22. Loss, etc. of certificate of registry.

23. Notice in respect of loss, etc. of ship.

24. Change of Ownership.

25. Ownership acquired outside Bangladesh to be reported to registrar.

26. Transfer of registered inland ship.

27. Registration of ship transferred to Bangladesh national.

28. Registration, etc. in case of loss, etc. of Certificate of transfer.

29. Ships when altered are to be registered a new.

30. Duration of certificate of registry.

31. Submission of report regarding registry, etc.

32. Reciprocity in the matter of recognition of certificates of survey and registry.

33. Voyage of ships without certificate of survey prohibited.

CHAPTER III

Manning, Examination and Certification

34. Definition.

35. Categories of Inland ship.

36. Certificate of competency.

37. Manning of inland ship.

38. Appointment of examiners, etc.

39. Grant of certificate of competency.

40. Certificate to be made in duplicate.

41. Loss of certificate.

42. Suspension and cancellation of certificate.

43. ***

CHAPTER IV

Shipping Casualties

44. Shipping casualty and report thereof.

45. Inquiry into Shipping casualty.

46. Trial of offences.

47. Constitution of a Marine Court .

48. Marine Court to have powers of a Magistrate of the first class.

49. Procedure for trial.

50. Arrest of witnesses.

51. Power to investigate into charge of in competency, etc.

52. Special powers of courts.

53. Report by Court to Government.

CHAPTER V

Protection of Vessels and Passengers

54. Plying without route permit, time table and printed ticket prohibited.

55. Voyage during storm Signal prohibited.

56. Measures for protection against explosion, fire, etc.

56A. Compliance with rules for preventing collisions, etc.

57. Carriage of dangerous goods.

57A. Causing obstruction in any navigable water route prohibited.

58. Passenger ship not to carry cargo on upper deck, etc.

59. Maximum and minimum fares and freights.

60. Publication of fare and freight tables.

CHAPTER VI

Protection and Procedure

61. Penalty for contravention of sections 33,43,54, and 56.

61A. Penalty for contravention of sections 55 and 56A.

62. Penalty for contravention of sections 10,19 and 60

63. Penalty for contravention of sections 13, 23 and 24.

64. Penalty for transfer of ship in contravention of section 26, etc.

65. Penalty for contravention of section 42.

66. Penalty for acting on ship without certificate, etc.

67. Penalty for over loading of passengers.

68. Penalty for contravention of sections 57 and 58

69. Penalty for tendering, etc. dangerous goods for carriage.

70. Penalty for misconduct, etc., for endangering ship.

71. Penalty for failure to report casualty.

72. Penalty for other contraventions.

72A. Offence's by companies., etc.

73. Trial of offences.

73A. Trial of offences by the Magistrate of the Marine Court .

74. Recovery of fine by distraint.

CHAPTER VII

MISCELLANGEOUS

75. [Omitted.]

76. Power to modify application of the Ordinance.

77. Certificated master to be pilots under Act XV of 1908

78. Surveyor and registrar to be public servant.

79. Power to regulate movement of goods, etc.

80. Facilities for receiving and delivering goods, etc.

81. Inspection and detention to ensure compliance with the provisions of the Ordinance.

82. Power to make rules.

83. Repeal and savings.

THE INLAND SHIPPING ORDINANCE, 1976

Ordinance No. LXXII of 1976

(Amended by Ordinance No-XIV of 1979, Ordinance No. XIX of 1983 and Ordinance No-XV of 1989)

CHAPTER-1

Preliminary

1.    Short title.-

(1) The Ordinance may be called the Inland Shipping Ordinance, 1976.

(2) It extends to the whole of Bangladesh .

2.    Definitions.-

      In this Ordinance, unless there is anything repugnant in the subject or context,-

      ¹[(a) "Certificate of competency" means a certificate of competency granted under section 36.]

      (b) "Certificate of registry" means a certificate of registry granted under section 18;

      ²[(bb) "Certificate of service" means a certificate of service granted under section 37;]

      (c) "Certificate of survey" means a certificate of survey granted under section [9;]3

      (d) "dangerous goods" means such articles, goods or things as the Government may, by notification in the official Gazette, declare to be dangerous goods for the purposes of this Ordinance;

      ⁴[(dd) "Director-General" means the Director General, Department of Shipping;]

      (e) "inland ship" means every description of vessel ordinarily plying on inland waters and propelled wholly or in part by steam, liquid fuel, electricity or any other mechanical powers and includes 5[****] a sailing boat, dumb barge and other craft which is not so propelled but is towed or pushed by a vessel so propelled:

      (f) "inland water" means any canal, river, lake or other navigable waters in Bangladesh and such portion of tidal water as the Government may, by notification in the official Gazette, declare to be inland waters for the purposes of this Ordinance;

      (g) "mercantile purposes" in relation to an inland ship, includes carriage of passengers or goods by, or use for any service of, such inland ship for hire, remuneration, reward or other valuable consideration:

      ⁶[(gg) "Owner" means:

      (a) in relation to a registered inland ship, the person who is for the time being shown as owner in the register book maintained under this Ordinance;

      (b) in relation to any other inland ship, the person to whom the inland ship or a share in the ship belongs];

      (h) "passenger" includes any person carried on board an inland ship not being the master, officer and a member of the crew of the inland ship;

      (i) "prescribed" means prescribed by rules made under this Ordinance;

      (j) "registrar" means a registrar appointed under this Ordinance;

      (k) "survey" means survey of an inland ship under this Ordinance;

      (i) "surveyor" means a surveyor appointed under this Ordinance; and

      (m)     "voyage" in relation to an inland ship, includes plying at or about any place within the inland waters.

CHAPTER-II

Registration and Survey

3.    Inland Ships to be surveyed and registered.-

      (1)⁷ [Every inland ship other than inland ships owned by the defense services] which plies or seeks to ply or is used or intended to be used for any sevice, on inland waters shall be required to be surveyed and registered under this Ordinance.

      ⁸[(2) An inland ship shall not be surveyed and registered under this Ordinance unless her design and plan have been approved under section 5A and she is owned by-

      (a) a citizen of Bangladesh ;

      (b) a company registered in Bangladesh ; or

      (c) a company which is not registered in Bangladesh but had an agent or branch in Bangladesh together with such organisation as is adequate for the independent operation in Bangladesh of the agency or branch.]

(3) Sub-section (1) shall not apply-

      (a) to an inland ship, if she does not carry any Passenger or cargo, while making her first voyage to the place of registry for the purpose of registration or while on a voyage during the period from the date of expiry of the certificate of survey to the date of reaching the nearest place of survey to have the certificate renewed; or

      (b) to sea-going vessel having right or authority to be in a port or place in, or to ply on tidal waters of, Bangladesh ; ⁹[or

      (c) to a mechanised wooden country boat propelled by any engine including shallow engine having a maximum capacity of 16 HP.]

4.    Places of survey and registry.-

      (1) the government may, by notification in the official gazette, declare such places in Bangladesh as it may consider necessary to be places of survey and places of registry for the purposes of this ordinance.

      (2) The Government shall appoint -



      (a) for each place of survey such surveyor or surveyors as it may deem fit; and



      (b) for each place of registry, a registrar.

5.    Powers of surveyors and registrars.-

      (1) For the purpose of survey or registry of an inland ship, the surveyor or the registrar, as the case may be, may, at any reasonable time, go on board such ship and inspect the ship and every part thereof including the hull, boilers, engines and other machinery, and all equipment and articles on board ;



      Provided that the surveyor or the registrar shall not hinder the loading or unloading of the ship, or detain or delay her from proceeding on any voyage, except to the extent necessary for the purpose of survey or inspection.

      (2) The owner, the master and the crew of the inland ship to be surveyed or registered shall afford to the surveyeor and the registrar all reasonable facilities for survey or inspection and shall furnish all such information respecting the ship, her machinery or any part thereof, and all equipments and articles on board the ship, as the surveyor or the registrar may require for the purpose of survey or registration, as the case may be.

¹⁰[5A. Approval of design and plan of an inland ship.-

      (1) For the purpose of approval of the design and plan of an inland ship, the owner shall make an application in the prescribed from together with the design and plan of the ship to an authority empowered by the Government in this behalf.]

[ORDER NO. WE/R-7/75/473 dated, 6.8.1979.



      [In exercise of the powers conferred by sub-section (1) of section 5A of the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976) the Government is pleased to authorise the Bangladesh Inland Water Transport Authority to be the authority for the purpose of the said sub-section.]

      ¹¹[(1A) The Government may, prescribe fees for application and for approval of design by the competent authority.]

      (2) The authority receiving an application under subsection (1) shall,-



      (a) if, on an examination, it is found that the design and plan conform to the prescribed specification or standard, issue a certificate of approval in the prescribed from ¹²[Within 45 days of the receipt of the application;] or

      (b) if it is found that the design and plan do not conform to the prescribed specification or standard, return the application to the owner stating the particulars in respect of which they do not so conform 13[Within the period specified in clause(a);]

      Provided that the return of an application shall not debar the owner from making a fresh application after alteration or modification of the design and plan so as to conform to the prescribed specification or standard.

      ¹⁴[and such applications shall be disposed of within 15 days from the date of receipt of the application.]

6.    Survey fee, etc.-

      For the purpose of survey of an inland ship, the owner shall make an application to the surveyor in the prescribed form and shall pay to the Government a survey fee at such rates and in such manner as may be prescribed and also an additional fee in respect of expenses of the journey of the surveyor.

7.    Declaration of surveyor. -

      (1) The surveyor shall, within seven days from the date of completion of the survey of an inland ship, make a declaration in the prescribed form and ¹⁵[send one copy of] the same to the owner or master of the ship if he is satisfied that-

(a) the hull, boilers, engines and other machinery of the ship are ¹⁶[kept] in good condition and sufficient for the voyage or service intended;

(b) the equipment of the ship and the certificates of the master, engineer or engine driver comply with the requirements of this Ordinance; and

(c) the free board marking has been made in the prescribed manner on the body of the ship.

(2) The declaration made under sub-section (1) shall contain-

(a) the particulars mentioned in clauses (a) and (b) of that sub-Section;

(b) the time, if less than one year, for which the hull, boilers, engines and other machinery and equipment of the ship will be sufficient;

(c) the limit, if any, beyond which the ship, as regards the hull, boilers, engines and other machinery or equipment, in the judgment of the surveyor, is not fit to play;

(d) the number of passengers, if any, which the ship ¹⁷[***] is fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins, the number to be subject to such conditions and variations, according to the time of the year, the nature of the voyage, the cargo carried or other circumstances as the case requires ¹⁸[to be determined in the manner as may be prescribed]; and

(e) ¹⁹[deadweight tonnage and such] other particulars, if any, as may be prescribed.

²⁰[(3) A copy of the declaration under sub-section (1) shall be sent simultaneously-

(a) in the case of survey for the purpose of granting a certificate of survey, to such officer as the Government may appoint in this behalf; and

(b) in the case of survey for the purpose of granting a certificate of registry, to the registrar.]

²¹[8. "Omitted"]

9.    Grant of certificate of survey.-

      (1) If the officer to whom a declaration is sent under sub- section (1) of section ²²["7"] is satisfied that the inland ship complies with the provisions of this Ordinance he shall cause a certificate of survey to be prepared in duplicate in the prescribed form and send to the owner or master by post or otherwise as he deems efficacious and expedient within fifteen days of the receipt by him of the declaration.



(2) A certificate of survey in the prescribed form shall contain statement to the effect that all the provisions of this Ordinance with respect to the survey of the inland ship and the declaration of the survey have been complied with, and shall set forth-

(a) the particulars concerning the ship mentioned in the declaration of the survey as required by clauses (a), (b), (c), and (d) of sub-section (2) of section 7; and

(b) any other prescribed particulars.

(3) A certificate of survey shall not be granted by the surveyor who made the declaration of survey under section 7:

Provided that the surveyor who conducted the survey may, pending the issue of the certificate of survey, issue a temporary plying permit authorising the inland ship concerned to ply; and such permit shall remain valid for a period, not exceeding ²³["forty five days",] to be specified in the permit.

(4) Any certificate of survey may, by order in writing, be cancelled or suspended by the government or by any person appointed by the government in this behalf if it is found subsequently on inspection by a person appointed for the purpose or otherwise-

²⁴[(a) that the certificate found to be fraudulently tempered with in any manner; or]

(b) that the certificate has been granted upon false or erroneous information; or

(c) that the inland ²⁵["ship") in respect of which a certificate of survey has been granted is not complying with the provisions of this Ordinance relating to the grant of such a certificate.

[No. S.R.O. 394-L/76 In exercise of the powers conferred by sub-section (4) of section 9 of the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976), the Government is pleased to appoint the Director General, Department of Shipping, Government of the People's Republic of Bangladesh to be the person to cancel or suspend any certificate of survey under that sub-section.]

10. Certificate of survey to be affixed in conspicuous part of inland ship.-

      The owner or master of every inland ship for which a certificate of survey has been granted shall, immediately on receipt of the certificate, cause one of the duplicates thereof to be affixed on some conspicuous part of the ship where it may be easily read by all persons on board and shall be kept so affixed for so long as the certificate is in force and the ship is in use.

11. Duration of certificate of survey.-

(1) A certificate of survey in respect of an inland ship shall cease to be in force.-



      ²⁶[(a) "upon the expiration of four years from the date of certificate in case of dumb barges and other crafts which are not propelled but are towed and pushed by a propelled vessel, and one year from the date of certificate in case of all other inland ships; or"]

(b) upon the expiration of the period for which the hull, boilers, engines or other machinery or any of the equipments of the ship have been stated in the certificate to be sufficient; or

(c) upon its cancellation or suspension under sub-section (4) of section 9.

      (2) The owner or master of an inland ship the certificate of survey of which is due to cease to be in force under clause (a)of sub-section (1) shall, within thirty days before the expiration of the period specified in that clause, inform the surveyor of the date of such expiration.

      27[(3) The owner or master who fails to comply with the requirement of sub-section (2) shall pay a sum of taka one hundred for every day during which the failure continues along with the survey fee payable under section 6.]

12. renewal of certificate of survey.-

      A certificate of survey which has ceased to be in force may be renewed only after a fresh survey of the inland ship to which it relates has been held in accordance with the provisions of this chapter save so far as any relaxation thereof may be prescribed.

13. Delivery of expired or cancelled certificate.-

      Every certificate of survey of an inland ship which has ceased to be in force by the expiry of its period of validity or by reason of cancellation, suspension or otherwise shall be delivered by the owner or master of the ship to such person as the Government may direct.

[ No. S.R.O. 387-L/76 In exercise of the powers conferred by section 13 of the Inland Shipping Ordinance. 1976 (Ordinance No LXXII of 1976), the Government is pleased to direct that the Director General. Department of Shipping, Government of the People's Republic of Bangladesh , shall be the person for the purpose of that section.]

14. Power for Government to direct survey by more than one surveyor.-

      A survey of an inland ship shall ordinarily be made by one surveyor, but more than one surveyor may be employed if the Government, by order in writing, so directs, either generally in the case of all inland ships at any place of survey, or specially in the case of any particular ship or class of ships at any such place.

15. Power for Government of order a second survey.-

      (1) If the survey or making a survey of an inland ship refuses to give a declaration under section 7 with regard to the ship or gives a declaration with which the owner or master of the ship is dissatisfied, the ²⁸["officer appointed under section 7"] may, on the application of the owner or master, and on payment by him ²⁹(***) double the amount of the fee payable for the previous survey ³⁰(***) direct more than one surveyor to survey the ship.

      (2) The suveryors directed under sub-section (1) to survey an inland ship shall forthwith survey the ship and may, after the survey, either refuse to give a declaration or give such declaration as seems to them to be proper, and such refusal or declaration shall be final.

16. Division of duties when more than one surveyor employed.-

      When a survey is made by more than one surveyor under section 15, each of the surveyors shall perform such portion of the duties as are or may be assigned to him under this ordinance or the rules made thereunder.

17. Application for registration.-



      an application for registration of an inland ship shall be made by the owner of the ship in such form and shall contain such particulars as may be prescribed and shall be accompanied by-

      (a) copy of the certificate of survey in force in respect of the ship; and

      (b) a receipted challan showing the payment of registration fee at such rate and in such manner as may be prescribed.

18. Grant of certificate of registration. -

      (1) Where the registrar, after making such enquiry as he thinks fit, is satisfied in respect of an inland ship to be registered that the provisions of this Ordinance and the rules made thereunder have been complied with, he shall grant to the applicant a certificate of registry which shall contain such particulars as may be prescribed.

      (2) The registrar may refuse to register an inland ship if the ship is found to be mechanically and structurally defective or if the applicant fails to furnish satisfactory evidence in support of his claim to be the owner of the ship and of any of the statements made in the application :

      Provided that where the registrar refuses to register an inland ship, he shall furnish to the applicant a statement in writing containing the reasons for such refusal.

³¹[(3) "Omitted"]

19. Display of registration number.-

      Where an inland ship has been registered under section 18, the registrar shall assign to the ship a registration number which shall be conspicuously displayed on the ship in the prescribed manner.

20. Maintenance of book of registry.-

      The registrar shall keep a register book in such form as may be prescribed in which shall be entered in respect of every inland ship registered by him the particulars contained in the certificate of registry of the ship.

21. Certificate of registry to be carried on board.-

      The certificate of registry of the inland ship shall at all times be carried on board the ship by the owner or master and shall be open to inspection by a person authorised by the Government in this behalf.

22. Loss, etc. of certificate of registry.-

      Where a certificate of registrar shall grant a new certificate in lieu of her original certificate on payment of such fee as may be prescribed.

23. Notice in respect of loss, etc. of ship.-

      (1) Where an inland ship registered under this Ordinance is actually or constructively lost, taken by the enemy or burnt or broken up, the owner of the ship shall forthwith give notice thereof, if such notice has not already been given, to the registrar; and the registrar shall make an entry to that effect in the register book.

      (2) In any such event as is referred to in sub-section (1), except where the certificate of registry has been lost or destroyed, the owner or master of the inland ship shall deliver the certificate-

      (a) if the event occurs in the place of registry, immediately and, if it occurs elsewhere within ten days of the arrival of the ship at the place of registry, to the registrar; and

      (b) if the ship is not likely to return to the place of registry, within ten days of the occurrence of the event, to the registrar.

24. Change of ownership.-

      (1) Whenever a change occurs in the registered ownership of an inland ship, the change of ownership shall be endorsed on her certificate of registry by the registrar.

      (2) The owner or master of an inland ship shall, for the purpose of endorsement under sub-section (1), deliver the certificate of registry to the registrar, if the change occurs when the ship is at her place of registry immediately after the change and, if it occurs during her absence from that place, upon her first return to that place.

25. Ownership acquired outside Bangladesh to be reported to registrar.-

      If at any place outside Bangladesh an inland ship becomes the property of a citi\zen of Bangladesh or such a company as is described in sub-section (2) of section 3, the owner of the ship shall immediately on her arrival at a place of registry in Bangladesh report the fact to the registrar of that place and furnish therewith the following particulars, namely:-

      (a) the time of arrival of the ship at the place of registry;

      (b) the name of the ship, if any;

      (c) the time and place of her purchase and the name or names of the Purchaser or purchasers;

      (d) the name of her master; and

      (e) the particulars respecting her tonnage, build and description which he is able to obtain.

26. Transfer of registered inland ship.-

      (1) An inland ship registered under this Ordinance or any share therein shall not, without the previous approval of the Government, be transferred except to a person who is a citizen of, and residing and carrying on business in, Bangladesh nor shall any such ship be transferred, except by a bill of sale executed before and attested by a Magistrate of the first class.

      (2) Where an inland ship registered under this Ordinance is transferred, the transferor and the transferee shall, within thirty days of the transfer, jointly make a report accompanied by the bill of sale or a certified copy thereof and a prescribed fee of the transfer to the registrar who shall enter the particulars of the transfer in the register book:

      Provided that the registrar may, if he is otherwise satisfied about the identity of the transferor and the transferee, dispense with requirement of the joint report and act on the report either of the transferor or the transferee.

27. Registration of ship transferred to Bangladesh national.-

      (1) Where an inland ship not registered under this Ordinance is transferred to a citizen of Bangladesh or to such a company as is described in sub-section (2) of section 3, the ship shall be registered under this Ordinance.

      (2) Before registering an inland ship as required by sub-section (1), the registrar shall, for the purpose of satisfying himself as to the validity of the transfer and the indentity of the transferor and the transferee, require the production of the bill of sale, the certificate of transfer and the certificate of the registry of the ship.

      (3) Where an inland ship is registered as required by sub-section (1), the registrar shall enter in the register book the description of the ship contained in her original certificate of registry.

28. Registration, etc., in case of loss, etc., of certificate of transfer.-

      Where in respect of an inland ship a certificate of sale is lost or destroyed is so defaced or mutilated as to be useless, the ³²[Director General] may.-

      (i) if the transfer authorised by the certificate has not been carried out, on the proof of such loss, destruction, defacement or mutilation; and

      (ii) if the transfer has been carried out, on the further proof of several matters and things that have been done, direct the registrar to register the transfer or to make such entries in the register book or do such other things as might have been made or done if the loss, destruction, defacement or mutilation had not taken place.

29. ships when altered are to be registered a new.-

      (1) Where an inland ship registered under this Ordinance is so altered as not to correspond with particulars relating to her tonnage or description contained in the register book, she shall be deemed not to be so registered until the registrar shall have, on receipt of an application made to him in this behalf and a certificate of survey from the surveyor stating the particulars of alteration, register the alteration or, if he thinks fit, register the ship a new.

      (2) For the purpose of registering an alteration of an inland ship under sub-section (1), the registrar may, require the existing certificate of registry of the ship to be delivered to him, and may either grant in substitution of the existing certificate a new certificate of registry containing a description of the ship as altered or endorsed and sign on the existing certificate a memorandum of the alteration.

      (3) For the purpose of registering an inland ship anew under sub-section (1), the registrar shall proceed as in the case of first registry and shall upon the delivery to him of the existing certificate of registry of the ship, the payment of the same registration fee as is payable in the case of first registry and the fulfillment of the other requirements for registry or, in the case of a change of ownership, such of them as he thinks material. register the ship and grant her a new certificate of registry.

      (4) When an inland ship is registered anew under this section, her former registry shall be considered as closed, except so fare as if relates to any unsatisfied and unexpired certificate of sale entered thereon, but the names of all persons appearing in the former register to be interested in her as owners shall be entered on the new register an the registry anew shall not in any way affect the rights of any of those persons.

30. Duration of certificate of registry.-

      Subject to the other provisions of this Ordinance a certificate of registry of an inland ship granted under this Ordinance shall remain valid until the ship is ³³["rendered total loss, scrapped."] sold or otherwise transferred.

31. Submission of report regarding registry, etc.-

      The registrar shall every year, not later than the 15th day of january and the 15th day of July, submite to the Government or to such officer as the Government may authorise in this behalf, a report in such forms as it may direct stating therein the particulars of all registries, cancellation of registry, transfers and other dealings with respect to inland ships registered by him under this Ordinance during the six months next preceding the month in which the report is required to be submitted, the names of the persons concerned in the same, and such other particulars as the government may direct.

[No. S.R.O. 386-L/76 In exercise of the powers conferred by section 31 of the Inland Shipping Ordinance, 1796 (Ordinance No. LXXII of 1976), the Government is pleased to authorise the Director General, Department of Shipping, Government of the People's Republic of Bangladesh, to be the Officer to whom the Registrar shall submit report under that section.]

32. Reciprocity in the matter of recognition of certificate of survey and registry.-

      (1) Where the Government is satisfied that by the law or practice of any foreign country inland ships having certificates of registry granted under this Ordinance-

      (a) obtain, by reason of such certificate, any special exemption in that country while plying on inland waters thereof; or

      (b) are required as a condition of plying on inland waters of that country to comply with any special requirement, whether by way of registration anew or payment of a fee or otherwise.

      the Government may, by notification in the official Gazette, direct that the same exemption or a requirement as similar thereto as may be, shall by way of reciprocity, be granted to or imposed upon inland ship registered in that country while plying in inland waters of Bangladesh.

      (2)The Government may, by notification in the official Gazette that the provision of sub-section (1)relating to reciprocity in the matter of certificates of registry shall apply, so far as may be, to certificates of survey, certificates of competency and licences granted or issued under this ordinance.

33. voyage of ships without certificate of survey prohibited.-

      no inland ship shall proceed on any voyage or be used for any service on inland waters unless she has a certificate of survey and a certificate of registry granted under this ordinance which are in force and applicable to the voyage or service.

³⁴CHAPTER_lll

Manning, Examination and certification

34. Definition.-

      In this chapter, "Director General" means the Director General of the Department of shipping established under the Bangladesh Merchant shipping ordinance,1983(xxvi of 1983).

35. Categories of inland ship.-

      The Director General may, by notification in the official Gazette, classify the inland ships into such categories as he may deem fit.

36. Certificate of competency.-

      (1) The Director General shall grant certificate of competency for various grades of masters and drivers in an inland ship after conducting such examinations or tests as may be prescribed.

      (2) No master or driver shall be employed or engaged for service on board an inland ship unless he has the requisite on board an inland ship unless he has the requisite certificate of competency granted under sub- section (1).

37. Manning of inland ship.-

      (1) No inland ship shall proceed on any veyage or be used for any service on inland water unless it is manned in accordance with the provision of subsection (2).

      (2) The Director General may be order notified in the official Gazette, require an inland ship to have such number of masters and drivers of such grades as may be specified in the order.

      (3) The director General may exempt an inland ship or any category of inland ship from any requirement of an order made under subsection (2).

      (4) An exemption granted under sub-section (3) may be in respect of a particular period or of one or more particular voyages.

      (5) Notwithstanding anything contained in this section Director General may relax the requirement of this section in respect of a person if-

      (a) such person satisfies the Director General that he is reasonably capable of discharging the duties and responsibilities of the trade for which he is sought to be employed or engaged;

      (b) the owner of the ship satisfies the Director General that despite due efforts persons with requisite certificate could not be available for employment or engagement.

38. Appointment of examiners, etc.-

      For that purpose of examining the qualifications of persons desirous of obtaining certificates of competency under this Ordinance, the Government may appoint such examiners or Board of examiners as it may deem fit and allow them such remuneration as may be prescribed.

39. Grant of certificate of competency.-

      Where an applicant for certificate of competency is reported by the examiners or the Board of Examiners to have passed the examination prescribed for the certificate and given satisfactory evidence of his sobriety, ability and general good conduct on board inland ship, the Director General or such officer as he may appoint in this behalf shall grant the applicant the certificate of competency applied for :

      Provided that before granting a certificate of competency, the Director General or, as the case may be, the officer may, if he finds report of the examiners or the Board of Examiners in respect of any applicant to be defective or has reason to believe that the report has been unduly made, require a further examination or re-examination of the applicant.

40. Certificate to be made in duplicate.-

      A certificate of competency granted under this Ordinance shall be made in the prescribed from in duplicate, one copy of which shall be delivered to the person entitled thereto and the other shall be kept and recorded in the prescribed manner.

41. Loss of certificate. -

      Where a certificate of competency granted under this Ordinance is, during the period of its validity, lost or destroyed or so defaced or mutilated as to be useless and the person to whom it was granted, being entitled thereto, proves to the satisfaction of the authority granting or authorised to grant the same that such loss, destruction, defacement or mutilation is not due to his fault, such person shall be granted a copy of the certificate to which according to the record kept under section 40 he appears to be entitled, and the copy so granted shall have the some effect as the original.

42. Suspension and cancellation of certificate.-

      (1) A certificate of competency granted under this Ordinance may be suspended or cancelled by the Director General if the person holding the certificate-

      (a) has been convicted of an offence under this Ordinance or of any other non-bailable offence; or

      (b) has been on duty on board an inland ship which proceeded on any voyage or was used for any service in contravention of the provisions of this Ordinance : or

      (c) has been certified by a medical officer appointed by the Director General to be physically unfit for the performance of his duties; or

      (d) has become, in the opinion of the Director General, unfit to act in the capacity in which he is authorised to act in terms of the certificate; or

      (e) has been reported by any court, authority or officer conducting any trial, inquiry or investigation under this Ordinance-

      (i) that any shipping casualty, or wreck or abandonment of any inland ship or the loss or damage to any such ship or any loss of life, or any injury or damage to person or property has been caused by or due to any wrongful act or default of such person; or

      (ii) that such person has been incompetent or guilty of gross act of negligence, drunkenness or other misconduct :

      Provided that no certificate of a person shall be suspended or cancelled except after giving him an opportunity of showing cause against it and, in a case referred to in clause (e), also after furnishing him a copy of the report of the court, authority or officer.

      (2) A certificate of competency suspended or cancelled under sub-section (1) shall be delivered to such person and within such time as the order of suspension or cancellation may specify.

      (3) The Government or any officer aughorised by the Government in this behalf may, at any time on consideration of the prayer, if any, made by the aggrieved person, revoke the order of suspension or cancellation under sub-section (1) of a certificate of competency of any person, and grant him, without examination, a new certificate and the new certificate shall, unless otherwise provided therein, have the same effect as the one suspended or cancelled.

43. (****)

CHAPTER-IV

Shipping Casualties

44. Shipping casualty and report thereof.-

      (1) A Shipping casualty shall be deemed to occur when-

      (a) any inland ship is lost, wrecked, abandoned or materially damaged;

      (b) any loss of life or property ensues by reason of any casualty happening to or on board any such ship; or

      (c) any such ship causes loss or material damage to any other inland ship or property or person on board that ship.

      (2) Every shipping casualty shall forthwith and, if this be not possible, within twenty four hours of its occurrence, be reported to the officer in charge of the nearest police station by the master of the inland ship and, where more inland, ships than one are involved, by the master of each such ship or other person or persons in charge thereof and, in the absence or physical inability of such master or persons, by any member of the crew of the ship or ships.

      (3) Upon receipt of the report of a shipping casualty under sub-section (2) ³⁵[or upon receipt of any information from any reliable source] the officer in charge of the police station shall, as soon as possible. and in any case not later than seventy two hours of the occurrence of the casualty, make a report in writing of the facts and circumstances of the casualty to the ³⁶[Director-General.] the District Magistrate and the Sub divisional Magistrate within the limits of whose jurisdiction the casualty has occurred.

45. Inquiry into shipping casualty.-

      (1) Upon the receipt of a report of shipping casualty under section 44, the Subdivisional Magistrate shall-

      (a) forthwith hold or cause to be held an inquiry respecting the shipping casualty; and

      (b) Within seven days, submit to the Government and to the District Magistrate a report stating the facts and circumstances of the casualty together with his observations, if any, as to the reasons of and responsibilities for the casualty.

      (2) The person holding inquiry under sub-section (1) may-

      (a) go on board any inland ship or other vessel involved and inspect any part, or any machinery equipment or other article on board, such ship or vessel;

      (b) enter and inspect any such premises as appear to him to be necessary for the purpose of the inquiry;

      (c) require the attendance of and examine, any person who, he has reason to believe, has the knowledge or information relating to the facts and circumstances of the casulty; and

      (d) require the production of such books, papers and documents as may reasonably appear to him to be necessary for the purpose of the inquiry.

      (3) Notwithstanding the provisions of sub-section (1), the Government may upon receipt of a report under sub-section (3) of section 44, cause to be held an inquiry respecting the casualty by such officer as it may appoint in this behalf and the officer shall-

      (a) submit to the Government a report stating the facts and circumstances of the casualty together with his observation, if any, as to the reasons of and responsibilities for the casualty;

      (b) have the powers and privileges referred to in sub-section (2).

[No, S.R.O. 390-L/76 In exercise of the powers conferred by sub-sections (3) of section 45 of the Inland Shipping Ordinance, 1976 (Ordinance No. LXXII of 1976), the Government is pleased to appoint the special Officer Marine Safety, Department of Shipping, Government of the People's Republic of Bangladesh, to be the Officer for the purpose of that sub-section.]

      (4) Where an inquiry is held under sub-section (3), no inquiry shall held under sub-section (1).

46. Trial of offences.-

      (1) Where, after considering the report under subsection (1) or under sub section (3) of section 45, the Government is of opinion that any contravention of any provision of this Ordinance or any other law which might have caused or contributed to occurrence of the casualty should be tried, the Government may direct the District Magistrate or the Subdivisional Magistrate or the officer holding inquitry under sub section (1) or sub section (3) of section 45 as the case may be, to submit, for trial, a statement of the case to-



      (a)      A court of the Magistrate of the first class having jurisdiction at the place at which the casualty occurred; or

      (b)      a Marine Court constituted under section 47.

      (2) The statement of case under sub-section (1) shall include-

      (a) the names of the persons accused of the offences to be tried;

      (b) the formal charges of the offences alleged to have been committed; and

      (c) the list of witnesses intended to be produced in support of each charge;

      Provided that the submission of the list of witnesses under clause (c) shall not preclude the District Magistrate or the Sub divisional Magistrate or the officer holding inquiry under sub section (3) of section 44, or the prosecution from submitting additional names of witnesses at any subsequent stage of the trial.

47. Constitution of a Marine Court .-

      (1) There shall be constituted a Marine Court consisting of a Magistrate of the first class who shall be assisted by not less than two or more than four assessors of whom one shall be a person conversant with maritime affairs and the other or others shall be person or persons conversant with navigation of inland ships or mercantile affairs.

      (2) Every assessor of a Marine Court shall, unless he is for sufficient reason permitted absence on any day by the Magistrate constituting the Court, attend every proceeding of the court and shall deliver his opinion in writing which shall be recorded on the proceedings.

48. Marine Court to have powers of a Magistrate of the first class.-

      The Marine Court shall have the same powers as are vested in the Court of a Magistrate of the first class under the Code of Criminal procedure, 1898(Act v of 1898).

49. procedure for trial.-

      For the purpose of a trial under this Chapter Court [which expression shall hereinafter mean both the Courts referred to in sub-section (1) of section 46] shall follow as nearly as may be the procedure for summary trials under the Code of Criminal procedure, 1898(act v of 1898).

50. Arrest of Witnesses.-

      (1) If a Court conducting any trial under this Chapter issues a warrant of arrest to compel the attendance of any person whose evidence is in its opinion necessary, it may, for the purpose of effecting the arrest, authorise any police officer to enter any inland ship or other vessel or any premises.

(2) The police officer authorised to enter any inland ship or vessel or premises under subsection (1) may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person and may seize and detain the vessel for such time, not exceeding forty-eight hours, as may be reasonably necessary for effecting the arrest.

51. Poser to investigate into charge of in competency. etc.-

      (1) A Court undertaking a trial under this Chapter may, in the course of such trial investigate into any charge against any master, engineer, engine-driver or any other person holding a certificate or license granted under this Ordinance of incompetency, misconduct, wrongful act or default which might have caused, or contributed to the occurrence of, the casualty.

(2) For the purpose of an investigation under sub-section (1)into any charge against any person, the Court may summon him to appear and shall give him full opportunity of making a defence, either in person or otherwise.

52. Special powers of Courts.-

      (1) Notwithstanding Anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), a Code trying under this Chapter any offence may award any punishment provided for the offence.

      (2) In a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence is satisfied that the casualty or the loss, injury or damage is attributable to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence of the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub-section (1) or any of its other powers, by order, direct the owner or the master or the vessel or both to pay by way of compensation within three months a sum not exceeding one lakh Taka-

      (a) in the case of loss of life, to the heirs of the deceased,

      (b) in the case of injury to person or ³⁷[damage to property, to the person suffering the injury or the owner of the property, as the case may be,] and



      (c) in the case of damage to any other vessel, to the owner of such vessel.

      (3) An order to pay compensation shall have effect as if it were a decree of a civil court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the inland ship concerned.

53. Report by Court to Government.-

      A Court holding a trial under this Chapter shall, after the conclusion of the trial, submit to the Government a report of its findings or, as the case may be, a copy of its judgment together with the evidence recorded and, in the case of a marine Court, also with the opinion of the assessors.

CHAPTER-V

Protection of Vessels and Passengers

54. Plying without route permit, ³⁸[time table, fare table and printed ticket] prohibited.-

      No inland ship engaged in carrying passengers shall proceed on any voyage or be used for any service for mercantile purposes-

      (a) unless she has a valid route permit granted by the Government or an authority authorised by it in this behalf and an approved time table ³⁹[;]

      (b) except in the route allocated by, and in accordance with the terms and conditions of, such route permit; ⁴⁰[and

      (c) without printed tickets or receipts showing payment of fares for carriage of passengers and freights for carriage of goods which shall be issued in such manner as may be prescribed.]

55. Voyage during storm signal prohibited.-

      Except for the purpose of proceeding to the assistance of any vessel, craft or person in distress, no inland ship shall proceed on any voyage or be used for any service when there is hoisted or announced a danger signal of storm or where there is reasonable spprehension of a storm.

56. Measures for protection against explosion, fire, etc.-

      No inland ship shall proceed on any voyage or be used for any service for mercantile purposes, unless she has been equipped or provided with such ⁴¹[life-saving apparatus, fire-fighting equipments and instruments,] and there has been taken in respect of her such measures against explosion, fire, collision and other accidents, as may be prescribed.

       ⁴²[56A. Compliance with rules for preventing collisions, etc.-

      Every inland ship while underway shall comply with such rules for prevention of collisions or relating to stearing and sailing as may be prescribed.]

57. Carriage of dangerous goods.-

      (1) Except in accordance with such conditions and after taking such precatifions as may be prescribed, no inland ship shall carry on board any dangerous goods.

      (2) No person shall-

      (a) take with him on board an inland ship any dangerous goods without permission of the owner or the master of the ship; or

      (b) deliver or tender for carriage by such ship any dangerous goods without such permission and without distinctly marking their nature on the outside of the package or receptacle containing the goods.

      (3) If the owner or master of an inland ship suspects, or has reason to believe, that any luggage or parcel taken or delivered or tendered for carriage, on the ship contains dagngerous goods, he may-

      (a) refuse to carry it by the ship;

      (b) require it to be opened to ascertain the nature of its contents; or

      (c) if it has been received for carriage, stop its transit until he is satisfied as to the nature of its contents.

      (4) Where any dangerous goods have been taken or delivered on board any inland ship in contravention of this section, the owner or master of the vessel may, if he thinks fit, cause the goods to be thrown overboard or destroyed, together with any package or receptacle in which they are contained; and neither the owner nor the master shall, in respect of his having so caused the goods to be thrown overboard or destroyed by subject to any liability, civil or criminal in any Court.

⁴³[57A. Causing obstruction on any navigable water route prohibited.-

      No person shall, by setting any fishing net or by any other means, cause obstruction to navigation of any inland ship in any navigable water route.]

58. Passenger ship not to carry cargo on upper deck, etc.-

      No inland ship carrying passengers for mercantile purpose shall carry-

      (a) any passenger on the open roof, or

      (b) any cargo on the upper deck, or

      (c) any passenger or cargo in contravention of any rules regulating the carriage and protection of passengers, or

      (d) any dangerous goods, or

      (e) any passenger or cargo in any space not certified for carrying the same.

59. Maximum and minimum fares and freights.-

      In respect of any system or stretch of, or the run between any two places on, inland waterways or in respect of any class of inland ship, the Government or any authority authorised by it in this behalf, after such equiry as it considers necessary, may, by notification in the official Gazette-

      (a) fix the maximum and minimum rates per mile of passenger fares for different classes;

      (b) fix the maximum and minimum rates per mile of freight for carriage of goods of any description;

      (c) declare where maximum or minimum rates of fares or freights have been so fixed, what shall be deemed to be the distance between two places on any inland waterway for the purpose of calculating fares and freights for carriage of passengers and goods between such places.

60. Publication of fare and freight tables.-

      (1) Where the Government or an authority authorised by it in this behalf so directs, the owner of an inland ship shall, subject to the approval of such authority, publish as often as may be necessary and put on sale to the public tables showing-

      (a) times of sailing from different places of the ship;

      (b) fares for carriage to different places of passengers of different classes; and

      (c) freights for carriage to different places of goods of different descriptions.

      (2) The owner and master of every inland ship in respect of which the tables referred to in sub-section (1) have been published shall cause a copy of the same to be affixed on some conspicuous part of the ship and kept so affixed so long as they remain in force and the ship is in use so that the content of the tables may be easily ready by all persons on board the ship.

      [S.R.O. 392-L/76 In exercise of the powers conferred by sub-section (1) and (2) of section 60 of the Inland Shipping Ordinance, 1976 (Ordinance No LXXII of 1976), the Government is pleased to authorise the Bangladesh Inland Water Transport Authority to be the Authority for the purposes of the said sub-sections (1) and (2).]

      (3) Notwithsthstanding the provisions of sub-section (1) an authority authorised by Government in this behalf, may publish for sale to the members of the public consolidated time and fare tables in respect of any or all classes of inland ship; and such tables shall contain the information required under clauses (a), (b) and (c) of sub-section (1).

CHAPTER-VI

Penalty and Procedure

61. Penalty for contravention of sections ⁴⁴[33, 43, 54- and 56].-

      The owner and the master of an inland ship shall each be punishable with impriosnment for a term which may extend to one year, or with fine which may exiend to taka ten thousand, or with both, if-

      ⁴⁵[(a) omitted;]

      (b) the inland ship proceeds on any voyage or is used for any service on inland waters without having a certificate of survey and a certificate of registry ⁴⁶[or the certified copy thereof] as required by section33;

      (c)the inland ship proceeds on any voyage in contravention of the provisions of section 43 without a master and an engineer or engine-driver;

      (d) the inland ship does not have a valid route permit and time-table plies in a route other than the one specified is the route permit contravention of the provisions of section54;

         (e) ⁴⁷[omitted]

      (f) the inland ship ⁴⁸[is not equipped or provided with such apparatus and instruments] for protection against explosion, fire, collision and accidents as required by section 56.

⁴⁹.[61A. Penalty for contravention of sections 55 and 56A.-

      The master of an inland ship shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to taka ten thousand, or with both, if the inland ship contravenes the provisions of section 55 or 56 A.]

62. Penalty for contravention of sections 10, 19 and 60.-

      The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to taka two thousand, or with both, if-

      (a) the certificate of survey of the ship is not affixed and kept affixed on the ship as required by section 10;

      (b) the registration number is not displayed on the ship as required by section 19;

      (c) the tables published under section 60 have not been affixed and kept affixed on the ship as required by subsection (2) of that section.

63. Penalty for contravention of sections 13, 23 and 24.-

      The owner or the master of an inland ship or both shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to taka one thousand, or with both, if he, without reasonable cause, fails to deliver-

      (a) the certificate of survey of the ship which has ceased to be in force, as required by section 13;

      (b) the certificate of registry ⁵⁰[or the certified copy thereof] of the ship which is lost, taken by the enemy, burnt or broken, as required by subsection (2) of section 23; or

      (c) the certificate of registry ⁵¹[or the certified copy thereor] for endorsement of the change of wonership of the ship, as required by subsection (2) of section 24.

64. Penalty for transfer of ship in contravention of section 26, etc.-

      (1) Any person who transfers or attempts to transfer an inland ship in contravention of subsection (1) of section 26 shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine which may extend to taka ten thousand or with both.

      (2) The transferor or the transferee of an inland ship or both shall be punishable with imprison ment for a term which may extend to three months, or with fine which may extend to taka five thousand or with both, if he fails to make a report of the transfer of an inland ship as required by sub section (2) of section 26.

65. Penalty for contravention of section 42.-

      A person shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to taka five thousand, if he fails to deliver certificate of competency or licence which has been suspended or cancelled, as required by subsection (2) of section 42.

66. Penalty for acting on ship without certificate, etc.-

      A Person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to taka ten thousand, or with both, if he-

      (a) without ascertaining that a person is entitled to, and in posession of, appropriate valid certificate of competency or licence for the purpose, employs or engages such person to act as master, engineer or enginedriver of an inland ship;

      (b) without being entitled to, or in possession of, appropriate valid certificate of competency or licence, acts in any voyage as master, engineer or engine driver of such ship.

⁵²[67. Penalty for over loading of passengers.-



      Where on any voyage for marcantile purposes an inland ship for carries on board or in any part of the ship passengers in excess of the number set forth in the certificate of survey of the ship as the number of passengers which the ship or the part thereof is fit to carry.-

      ⁵³[(a) Omitted.]

      (b) the master of the ship shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to taka one hundred for each passenger so in excess, or with both.]

⁵⁴.[68. Penalty for contravention of sections 57 and 58.-

      If an inland ship carries on board any dangerous goods in contravention of sub section (1) of section 57, or any passenger or cargo or dangerous goods in contravention of section 58:-

      (a) the owner of the ship shall be punishable with fine which may extend to taka three thousand; and

      (b) the master of the ship shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to taka three thousand, or with both.]

⁵⁵[68A. Penalty for contravention of section 57A.-

      Any person who contravenes the provisions of section 57A shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to taka five thousand, or with both, and the court trying such offence may order confiscation of any material used in the obstruction to navigation to the Government.]

69. Penalty for tendering, etc. dangerous goods for carriage.-

      A person shall be punishable with imprisonmnet for a term which may extend to three months, or with fine which may extend to taka five thousand, or with both, if he takes with him on board, or delivers or tenders for carriage by, an inland ship any dangerous goods in contravention of subsection (2) of section 57; and such goods so taken. delivered or tendered shall be forfeited to the Government.

70. Penalty for misconduct, etc., for endangering ship.-

      (1) A person employed or engaged in any capacity on board an inland ship shall be punishable with imprisonment for a term which may extend to five years. or with fine which may extend to taka ten thousand, or with both, if he, by wilful breach or neglect of duty,-

      (a) does any act tending to wreck, destroy of materially damage the ship or to endanger the life or limb of any person, or to destroy or damage any property, on board, or belonging to, such ship or any other ship; or

      (b) refuses or fails to do any such act as may be done by him for preserving the ship or any other vessel from wreck, destruction or damage, or for preserving any such person from danger to life or limb.

      (2) Where a shipping casualty caused by an inland ship resulted in the loss of life of, or injury to, any person, or damage to any property, on board such ship or any other ship, and such casualty occurred due to the fault of such inland ship or due to the incompetence or misconduct of, or contravention by, the master or any officer or other member of the crew of the ship, the ⁵⁶[***], master or any officer or other member of the crew of such ship or each of them shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to taka ten thousand, or with both.

71. Penalty for failure to report casualty.-

      A person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to taka two thousand, or with both, if he, without sufficient cause, fails to report a shipping casualty to the officer in charge of a police station as required by subsection (2) of section 44.

72. Penalty for other contraventions.-

      A person shall be punishable with fine which may extend to taka one thousand if he intentionally contravenes any of the provisions of this Ordinance for the contravention of which no penalty is provided elsewhere in this Ordinance.

⁵⁷[72A. Offences by companies, etc.-

      (1) If the person committing an offence under this Ordinance is a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

      Provided that nothing in this subsection shall render any such person liable to any punishment under this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to pervent the commission of such offence.

      (2) Notwithstanding anything contained in subsection (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

      Explanation.-For the purposes of this section-

      (a) "company" means any body corporate and includes a firm or other assoctation of individual, and

      (b) "director" in relation to a firm, means a partner in the firm.]

73. Trial of offences.-

      (1) Save as otherwise provided in this Ordinance, an offence punishable under this Ordinance, not being an offence made punishable by rules made under this Ordinance, shall not be tried by any Court other than a Court of Magistrate of the first class or the Marine Court .

      (2) Unless in any case the Government, by notification in the official Gazette, appoints any other place for the purpose, an offence punishable under this Ordinance may be tried, subject to the provisions of subsection (1) by a Court within the local limits of whose jurisdiction it was committed or the accused may be found.

⁵⁸[73A. Trial of offences by the Magistrate of the Marine Court .-

      Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, a Magistrate of the first class presiding over the Marine Court constituted under section 47 may laso try an offence punishable under this Ordinance as a Court of the Magistrate of the first class.]

74. Recovery of fine by distraint.-

      Where the owner or the master of an inland ship is sentenced to pay a fine for an offence punishable under this Ordinance, the Court passing the sentence may also direct that, in case of failure to immediately pay the fine, the amount of the fine may be recovered by distraint and sale of the ship or the tackle, apparel or furniture of the ship, or so much thereof as may be necessary for the recovery of the fine.

CHAPTER-VII

MISCELLANEOUS

⁵⁹[75.         OMITTED.]

76. Power to modify application of the Ordinance.-

      (1) The Government may, by notification in the official Gazette, declare that the provisions of Chapters II and III or any of those provisions shall not apply, or shall apply with such modifications as may be specified in the notification, to any inland ship so specified.

      (2) The Government may exempt a foreign ship not registered under this Ordinance from the requirements of the provisions of Chapters II and III and permit the ship to ply in the inland waters of Bangladesh subject to such terms and conditions as the Government may specify.

77. Certificated master to be pilots under Act XV of 1908.-

      Every master of an inland ship who has in his possession a valid certificate of competency of master granted under this Ordinance shall, for the purpose of section 30 of the Ports Act, 1908 (Act XV of 1908), he deemed to be the pilot of that ship in the port to which that section applies.

78. Surveyor and registrar to be public servant.-

      Every surveyor, registrar and other officer performing any functions under this Ordinance shall be deemed to be a public servant within the meaning of the Penal Code (Act XLV of 1860)

79. Power to regulate movement of goods, etc.-

      (1) If the Government is of opinion that an emergent necessity has arisen rendering it essential to regulate the movement of goods and passengers and to provide for allocation of specific routes to inland ships, the Government or any authority authorised by it in this behalf, may regulate the movement of goods and passengers in such manner as may be prescribed and requisition, for the purpose of movement of goods and passengers any inland ship on such terms and conditions as the Government may determine or direct, by order in writing, the owner or master of an inland ship.-

      (a) that the ship shall ply on a route or routes specified in the order; and

      (b) that the ship shall be used for such traffic purposes as may be specified in the order.

      [S.R.O. 391-L/76 In exercise of the powers conferred by subsection (i) of section 79 of the Inland shipping ordinance, 1976 (Ordinance No. LXXII of 1976), the Government is pleased to authorise the Bangladesh Inland Water Transport Authority to be the authority for the purposes of the sub-section.]

      (2) Whoever fails to abide by regulation, or comply with requisition or direction, if any, under subsection (1), shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to taka ten thousand, or with both.

80. Facilities for receiving and delivering goods, etc.-

      (1) The owner or master of an inland ship-

      (a) shall afford reasonable facilities for receiveing, forwarding and delivering goods to be carried by the ship and for transshipment of goods to any other ship with which an agreement for such transshipment has been entered into; and

      (b) shall not, in the matter of such receiving, forwarding, delivering or transhipment, discriminate betwen persons, commercial concerns, goods or classes of goods.

      (2) in the event of contravention of any of the provisions of sub-section (1) the owner and the master of the inland ship shall each be punishable with imprisonment for a term which may extend to two years, or with the fine which may extend to taka ten thousand, or with both.

81. Inspection ⁶⁰[and detention] to ensure compliance with the provislons of the Ordinance.-

      (1) The Government may, for the purpose of seeing that the provisions of this Ordinance and the rules made thereunder have been complied with, appoint such officers as it may deem fit and any officer so appointed may-

      (a) go on board any inland ship at all reasona-ble times and inspect the same and any part thereof, or any of the machinery, equipments and cargo on board thereof;

      (b) require and enforce the production of the certificate of registry, certificate of survey, certificate of competency, route permit, fare-table, freight-table, time-table and such other documents as he considers necessary;

      (c) examine the owner or master of the ship or any other person engaged on board thereof and obtain from him statement in writing ;

      (d) detain an inland ship to the extent nece-ssary for the purpose of this section without hindering the normal loading or unloading of the ship ⁶¹[as far as practicable] or delaying her unreasonably from proceeding on any voyage.



      (2)where any officer, after inspection and examination under sub-section (1) is of opinion that an offence under this ordinance has been committed, he may make a complaint in writing to the court competent to try such offence and upon such complaint the court shall take cognizance of the offence. mention the date and time thus fixed in the notification inviting applications.

      (II) The Authority may not receive and/or entertain any application for approval of time and fare tables if not recetived by the time and date fixed as per rule 3 (1) (b).

4.    Application for approval of Time and Fare Tables-(1)

      Application for time and fare tables shall be made by owner(s) in Forms (A, A,-I, B and C appended to these Rules. These forms shall be obtained from the Head Office of the Authority or from the Office of the Port and Traffic Officer of the Zones. The coast of each set of form is taka 10.00 (Taka ten) only. The application shall be made in the manner and to the addresses mentioned in rule 5 of those Rules and shall be accompanied, amongst others, by the following namely-

      (a) Three copies of proposed time and fare tables.

      (b) One copy each of the previously approved time and fare table in case of those owner(s) who is/are already operating a service.

      (c) One copy each of Survey and Registration Certificates of the vessel(s) which the owner intends to ply with the proposed time and fare tables, duly attested by a Class I Officer of the Authority or by Magistrate or proved by a photostat copy.

      (d) A copy of night plying certificate and/or a copy of partially smooth water certificate in cases where the operator proposes to ply the vessel by night and/or in partially smooth waters as the case may be.

      (e) A copy of route permit duly attested by a Class I Officer of the Authority or a Magistrate or proved by a photostat copy. This provision shall apply only when the Route Control Rules have been enforced.

      (f) A copy of sketch map of the route showing the stations of call and the chargeable mileage involved between each station of call and the total actual mileage of the route as published by BIWTA for which he is applying for approval of time and fare tables.

      (g) Proof of ownership of Charter Party of Agency or Mortgagee-in-possession of vessel as required under rule 13 of these Rules.

      (h) The Authority may not approve time and fare tables, unless dues, charges, tolls and taxes, etc., of the Authority outstating against him/them are cleared on account of use of the route and the landing ghat for which he is plying for approval of time and afre tables.

5.    Procedure for submission of application for approval of Time and Fare tables-(I) Owner(s) shall apply for approval of time and fare tables in the manner prescribed hereinunder-

      (a) To facilitate due consideration and proper disposal of application for approval of Time and Fare Tables, the owner(s) operating within a zonal route shall submit his application to the Office of the port and Traffic Officer of that zone with a copy to the Branch Office of the Bangladesh Inland Waterways (Passenger Carriers') Association by due time and date notified for that purpose Proved if in any zone there is no

      (b) Requirement of such service (s) to be established through a traffic survey to be conducted by the Authority.

8.    Procedure for approval of Time and Fare tables- (I) The Authority shall, after necessary scrutiny of all applications for approval of time and fare tables received on its behalf by the Director of Ports and Traffic, may, if deemed necessary in consultation with BIW (PC) A:-

      (a) approve the time and fare tables as applied for or with such revision/amendment as in the opinion of the Authority is necessary in the public interest, or

      (b) Disapprove the time and fare tables applied for, or

      (c) call for fresh application (s), or

      (d) defer the application (s) for traffic survey in order to assess the justification of the introduction of the service (s) applied for.

(II) While approving the time and fare tables, the Authority may attach any condition and/or require the owner to comply with any provision of the Act and Rules framed threunder and/ or any other laws and enactments for the time being in force, if in the opinion of the Authority such attachment and/or compliance is warranted in the public interest.

9.    Procedure for despatch of the approved time and fare tables- (I) The approved time and fare tables for each case shall be despatched to and/or handed over to the Port and Traffic Officer(s)/Owner(s) BIW (PC) A/River Traffic Police and Officer-in-charge of the Police Station of the area in the manner stated herinunder:-

      (a) Two copies of approved time and fare tables shall ordinarily be issued per Iaunch. In case extra copy is required by an owner the same shall be issued on payment of Tk. 1.00 per copy of each of the time and fare tables.

      (b) For Inter-Zonal Services, two copies of time and fare tables shall be despatched direct to the owner(s) concerned from Head Office of the Authority with a copy of the same to the River Traffic Police

      (c) For Zonal Services, two copies of time and fare tables shall be despatched to the concerned Port and Traffic Officers who upon receipt of the said copies, 'shall forward the same either by post or handover the same to the owner as may be convenient and /or expeditious, with a copy of the same to the River Traffic Police.

      (d) One copy of each time and fare tables shall be despatched to BIW(PC)A for Head Office of the Authority.

      (e) In places where there is no River Traffic Police, a copy of the concerned time and fare tables shall be despatched to the Officer-in-Charge of the Police Station by Head Officer of the Authority.

10. Act of Owner(s) which shall cause suspension.

       withdrawal and cancellation of the time and fare tables-

      (I) If an owner does violate any one of the following provisions, the Authority may, after giving notice to explain the reason for such violation, suspend withdraw, cancel his approved time and fare tables and refuse berthing facility where the Authority provides such facilities, and prosecute him undder Section 74E read with Section 54A and 54AA of Inland Mechanically Propeiled Vessels Act, 1917 (Act I of 1917) * or any other law (s) for the time being in force:

      (a) Non-observance of approved time and fare tables.

      (b) Non-supply of information pertaining to the breakdown of the vessel to the Port and Traffic Officer of the Zones and/or the Director of Ports and Traffic, as the case may be in the manner required by him.

      (c) Non-fulfilment of required conditions with which the time and fare tables is to be maintained.

      (d) Omission of Stations of call from a time-table which was approved earlier in favour of the same applicant for the service in a route unless previous permission of the Authority has been obtained under Rules 11 of these Rules.

      (e) Commencement of services without approved time and fare tables, unless previous permission is obtained from the Authority for such operation.

      (f) Violation of any provision of Inland Mechanically propelled Vessels Act, 1917 (Act 1 of 1917)** and Rules framed thereunder or directives issued by the Authority which in the opinion of the Authority were to be complied with in the public interest.

      (g) Non-submission, by owner of monthly returns to the Authority of the number of passengers and quantity of cargo carried from station to station by the passenger vessels(s) in the form(s) prescribed by the Authority from time to time.

      (h) Non-submission of certificate as per Rules.

11. Addition and omission of Station of call- Application for addition and/or omission of any 'Station to Call' to and/or from the approved time and fare tables by an owner shall no generally be entertained unless a clear notice of one month in writing with justification is furnished to the Authority. Upon receipt of such application, the Authority shall examine the case in the manner it deems necessary and may, provided justification for addition and/or omission of such landing ghat of call exists, allow the owner to include and/ or exclude the landing ghat of call to and/or from the approved time and fare tables shall issue a revised time and fare tables.

12. Berthing of Launch- Owner(s) shall berth their Launches where berthing facility is provided by the Authority or at a place which is designated for that purpose and/or declared as a landing gat of call by the Authority as per approved time and fare tables.

13. Submission of Charter party, etc.-If any owner proposes to run any service with a vessel owned by other than the applicant himself under the charter party or mortgage or agency, he shall submit a copy of the charter party or mortgage deed or agency agreement duly certified by a Class I Officer of the Authority or a Magistrate. In case time and fare tables are approved by the Authority against a vessel to the owner(s) who is/are in possession of a vessel under charter party or mortgage or agency, the time and fare tables shall be valid only for the period covered by the charter party or mortgage deed or agency agreement, as the case may be.

14. Transferability of time and fare tables-The time and fare tables approved in favour of an owner in respect of a particular vessel is neither heritable, not transferable. If the owner transfers his vessels either by sale/mortgage/lease/charter party and or any other means during the period of validity of the time and fare tables of the vessels, the approval of the time and fare tables shall cease forthwith.

15. Service when required in public interest - (I) Notwithstanding anything contained in thse Rules, the Authority, in the following cases may waive the requirements of any or all the Rules and direct an owner to ply his vessel(s) or any route as per time and fare tables approved temporarily in his favour in respect of particular vessel(s), if in the opinion of the Authority such action is warranted in the public interest-



      (a) In case of emergency, natural calamity and safety and security of the State,



      (b) In case a vessel is deployed temporarily on a route other than its own route under compelling circumstances, such deployment may be allowed for a week, and



      (d) In case of break-down of the existing vessel which is not likely to be re-commissioned within a period of 7 days or where additional service is required or a new vessel with better amenities and facilities is proposed to be delayed in place of the existing one.

16. Display of time and fare tables on Board the vessel - The approved time and fare tables shall be exhibited at a conspicuous place on board the vessel carrying passengers for hire or reward and that the time and fare tables so exhibited shall be complied with.

17. Amendment in the time tables- The Authority may, at any time, amend the time and fare tables approved earlier, provided such amendment in the opinion of the Authority is warranted in the public interest.

18. Review Board- An owner whose application for a time and fare table has either been rejected, suspended, altered, cancelled and disapproved may file an application to the Review Board of the Authority/Constitution and Rules of Business of which have been prescribed in Appendix 3 of this Rule on payment of a fee of Tk. 50.00 (Tk. fifty) only for review of the case within fifteen days of such rejection, suspension, alteration. cancellation and disapproval, as the case may be.

19. Performance of function and exercise of Powers of the Authority-All acts, orders, directives, functions by or under these Rules authorised to be done or given by the Authority may, subject to its control, be done or given or performed by the Director of Ports and Traffic or the Senior Deputy Director of Ports and Traffic (Traffic) or Deputy Director of Ports and Traffic (Passenger Service) or any other officer of the Authority duly authorised in this behalf by the Authority.

APPENDIX A

APPLICATION FORM FOR APPROVAL OF TIME-TABLE

Application(s) for approval of time-table should be filled in this Form :

Owner(s) having more than one vessel and intending to ply in different routes, shall use separate form for each application (route).

If more than one vessel ply on a particular route on one composite time-table, it is not necessary to use different form for each vessel. Please state the name of the vessel in the body of the proposed time-table, to be operated on the composite time-table and forward it to the address as mentioned in Appendix D.

To

................................................................................................................................................................................................................................................................................................................................................................................................................................................

Sir,

I/We beg to apply for approval of the attached time-table to be maintained by vessel mentioned below and which will be operated by me/us. The relevant particulars are as follows :

      (I) Name and address of the owner :

      (Here fill in your full address together with address of the Branch Offices, telephone number(s), telegraphic address. etc.).

      (2) Route :

      (Here fill in the name of the service, i.e., the name of the two terminal stations between which the proposed service will operate.)

      (3) Reference number :

      (If the time-table has been previously approved and printed in the official Time-Table Guide quote the Table No. and Page No. of the Guide. If this is a new application write 'New Application').

      (4) Names and other particulars of vessel (owned or hired) :

      (Her list the particulars of vessel by which the time-table is to be maintained. If there are more vessels than justified by the time-table, show the reserve vessel held by you separately).

Name of vesseel.

Registration No.

Survey certificate No and date of validity

Loaded.

Single Decker or Double Decker.

Passenger capacity.

(5) Whether canteen facilities exist :                Yes                No

                                                        Signature

                                                        With date ........................

Seal of the

Organisation.

                                                        Name .......................................

APPENDIX B

DECLARATION

I/We under5take that my/our vessel(s) shall not be withdrawn from the service without giving a clear notice of one month to the Director of Ports and Traffic with a copy to the Port and Traffic Officer concerned.

                                                        ..................................................

                                                        Signature with date.

Seal of the

      Organisation.                                ................................................

                                                        Name.

                                                        ..................................................

                                                        Position.



APPENDIX C

DECLARATION

We (M/S. ................................................................................................................. and M/s ...........................................................................................) undertake to maintain Rotation Service with our launch in Route .......................................... If we desire to break the rotation we shall give a clear notice of one month to the Director of Ports

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	To set up an Authority for development, Maintenance and control of inland water transport and of certain inland navigable waterways.
	WHEREAS it is necessary to make provisions for setting up of an Authority for the development, Maintenance and control of inland water transport and of certain inland navigable waterways.
	AND WHEREAS the Provincial Assembly of East Pakistan has been dissolved with the abrogation of the Constitution by the Proclamation of the President on 7th October. 1958.
	AND WHEREAS the Governor of a Province has been vested with the powers of promulgating ordinance as if clauses (1) and (3) of Article 102 of the Constitution are still in force:
	NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Articles 5 of Laws (Continuance in Force) Order, 1958, promulgated by the President of Pakistan on the 10th October. 1958 and of all other powers enabling him in that behalf the Governor of East Pakistan is pleased to make and promulgate the following ordinance:	President's (Post proclamation) Order No. 1 of 1958.
Short title. Extent and Commencement	☼ 1. (1) This Ordinance may be called the (*) Inland Water Transport Authority Ordinance. 1958 (2) It extends to the whole of Bangladesh . (3) It shall come into force at once.
Definitions	2. In this ordinance, unless there is anything repugnant in the subject or context,- (i) ''Authority '' means the Inland Water Transport Authority established under section 3 of this Ordinance; (ii) " Chairman" means the Chairman appointed under section 4 of this Ordinance; and (iii) "Prescribed" means prescribed by rule made under this Ordinance.

Establishment and Incorporation of Authority	3. (1) The Government may, by notification in the Official Gazette, establish an Authority to be known as the Inland Water Transport Authority for carrying out the purposes of this Ordinance.
	* (2) The Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance, and any other law for the time being in force, to acquire, hold and dispose of, by lien, mortgage, sale, alienation or otherwise, property, both movable and immovable, and shall by the said name sue and be sued.''
Appointment and term of office of Chairman and Members.	*4. (1)* The Authority shall consist a Chairman and such number of members as the Government may from time to time determine. *** (1A) The Chairman and the members of the Authority shall be the wholetime officers of the Authority and shall be appointed by the Government on such terms and conditions as it may determine. (2) The term of office of the Chairman shall be five years and that of member three years. **** (3) Omitted (4) Any person ceasing to be the Chairman or member by reason of the expiry of the term of his office shall be eligible for re-appointment for another term or for such shorter term as the Government may decide. (5) The Chairman or any member may at any time resign: Provided that his resignation shall not take effect until accepted by the Government. (6) In the case of temporary absence of the Chairman or any member, the Government may appoint a Chairman or a member, as the case may be, for the period of absence.
Remuneration and conditions of service,	5. The Chairman and each member shall receive such salary and allowances and be subject to such conditions of service as may be prescribed by the Government, and shall perform such duties as are assigned to them under this Ordinance or by any rules framed under it.
Removal of Chairman or Members.	6. The Government may, by notification in the Official Gazette, remove the Chairman or any member- (a) if he refuses or fails to discharge or becomes, in the opinion of the Government, incapable of discharging his responsibilities under this Ordinance; or (b) if he has been declared insolvent; or (c) if he has been declared to be disqualified for employment in, or has been dismissed from the service of the Republic, or has been convicted of an offence involving moral turpitude; or (d) if he has knowingly acquired or continued to hold without the permission in writing of the Government , directly or indirectly or through a partner, any share or interest in any contract or

	Authority funds or persistent default in the performance of duties by the Authority the Government shall not ordinarily exercise powers under this section.
Temporary association of members with the Authority of particular purposes	10. (1) The Authority may associate with themselves any person whose assistance or advice they may desire in carrying out any of the provisions of this ordinance. (2) A Person associated with themselves by the Authority under sub-section (I) for any purpose shall have a right to take part in the discussions of the Authority.
Sub-committees.	11. The Authority may constitute sub-committees from amongst the members of the Advisory Committee constituted under section 8 and associated member under section 10 of this ordinance to study and advise on the specific local requirements.
Determination of number, designation, etc, of officers and servants of the Authority.	12. The Authority may, subject to such conditions as may be prescribed, determine the number, designation and grade of officers and servants whom the Authority consider necessary to employ for the purpose of this ordinance and the amount and nature of salary and allowances to be paid to each such officer and servant.
Power of appointment suspension etc. of officers and servants of Authority	13. The power of appointing, promoting and granting leave to officers and servants of the Authority and reducing in rank, suspending and dismissing them for misconduct, shall, subject to such conditions as may be prescribed, be vested in the Authority.
Transfer of Officers of deputation	*13A. (1) Notwithstanding anything contained in this ordinance or in any other law, rule or regulation for the time being in force, the Government may, if it considers necessary in the public interest, transfer on deputation any Officer of the Authority to Chittagong Port Authority established under the Chittagong Port Authority Ordinance 1976 (LII of 1976) and Mongla Port Authority established under the Mongla Port Authority Ordinance, 1976 (LIII of 1976) and vice versa.
Delegation of Powers to Chairman etc.	*14. The Authority may by general or special order, delegate to Chairman or a Member or an Officer of the Authority any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.

	(a) craft design. (b) technique of towage, (c) landing and terminal facilities, (d) post installations;
	(xiv) arrange programmers of technical training for Inland Water Transport ; (xv)* maintainliaison with the shipyard and ship repair industry to meet the requirements of the Inland Water Transport fleet repairs and new constructions; (xvi) facilitate import of repair materials for the Inland Water Transport Industry; (xvii) prepare plans or development schemes for carrying out any of the above-mentioned functions; (xviii) any other function or functions which the Government may, from time to time, prescribe. *** (2) The procedure prescribed by the Government from time to time for preparation and approval of development scheme shall apply in the matter of preparation and approval of development scheme of the Authority; **** (3) Omitted
Powers regarding enforcement of certain rules, regulations and laws made by the Government.	(4) The Authority shall subject to permission and approval of the Government, have powers to enforce rules and regulations or nay law, either wholly or in part, pertaining to inland waterways and the control of traffic thereon.
	***** 16. Omitted
Immunity of the Authority and its employees.	* 17 (1) The Chairman, Members, Officers and servants of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this ordinance, be deemed to be public servants within the meaning of section 21 of the Bangladesh Penal Code. (2) No suit, prosecution or other legal proceedings shall lie against the Authority, the chairman, Members or Officers and servants of the Authority in respect of anything done or intended to be done, in good faith under this ordinance.	XLV of 1860

	(d) sale-proceeds of bonds issued under the Authority of the Government; (c) loans or grants obtained by the Authority with the special or general sanction of the government; (f) foreign aid and loans obtained from the Development Land Fund or the International Bank of Reconstruction and Development or otherwise, with the sanction of , and on such terms and conditions as may be approved by the Government; and (g) all other sums received by the Authority. (3) The Government may levy tolls, taxes, fees, or charges, in respect of all or any of the items, as specified in clause (c) of sub-section (2), at such rate and in such manner as are and/or as may be prescribed. * 19A. Omitted. (19B) Tolls, taxes, fees or charge levied under sub-section (3) of section 19 shall be recoverable as arrear of Land Revenue under the Public Demands Recovery Act. 1913.	Ben Act III of 1913
Authority to be deemed to be a local Authority.	20. The Authority shall be deemed to be a local authority under the Local Authorities Loans Act, 1914 for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Ordinance shall be deemed to be work which such Authority is legally authorized to carry out.	IX of 1914
Limited liability.	21. The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loans raised by the Authority with the sanction of the Government.
Maintenance of accounts.	22. The Authority shall maintain complete and accurate books of accounts in such form as may be prescribed by the Government.
Annual statement of accounts	**** ``23. Budget,- The Authority shall, by such date in each year as may be prescribed, submit to the Government for approval a budget in the prescribed form for next financial year showing the estimated receipts and expenditure and the sums which are likely to be required for the Government during that financial year.''