RULES Activities

Rules

THE REMOVAL OF WRECK AND OBSTRUCTIONS IN INLAND NAVIGABLE WATERWAYS RULES, 1973

(NOTIFICATION NO. WD/IM-4/73-10

DATED, DHAKA THE 19TH APRIL, 1973)

1.         (i) These rules shall be called the removal of wrecks and obstructions in Inland Navigable Waterways Rules, 1973.

            (ii) These rules shall come into force at once and shall be deemed to have taken effect on the
                  1st day of January, 1972.

2.         In these Rules unless there is anything repugnant in the subject or context-

(i) “Inland navigable waterways” means and includes-

all rivers and canals where vessels can ply during any part of a year ;

any lake, haor, beel or any other expance of water which are used by vessels in any part of the year;

Shores of the above mentioned waterways;

Inland river ports, Landing ghats and terminals maintained and operated by the authority on any of the above mentioned waterways.

                        (ii) “Obstruction” means any impediment to the use of inland navigable waterways by
                           any means.
                        (iii) “Vessels” means and includes any thing made for the conveyance by water of human being or of property.

          (iv) “Wreck” means and includes the following when found in the inland navigable
                waterways or on the shores thereof-

goods which have been cast into the waterways and then sink and remain under water;

goods which have been cast or fail into the waterways and remain floating on the surface;

goods which are sunk in the waterways, but are attached to a floating object in order that they an be found again;

goods which are thrown away or abandoned;

a vessel abandoned without hope or intention of recovery; and

a vessel sunk or capsized due to collision, storm or any other reasons.

3.   If any wreck or obstruction is found or reported in any inland navigable waterways so as to impede, or likely to impede navigation, the Authority may cause the wreck or obstruction to be raised, removed or destroyed.

4.   (i) The Chairman may himself or through any person appointed by him in that behalf take possession of any wreck.
      (ii) The Chairman or the person appointed by him under sub-rule (i) may Constitute
            Committee to assist him in the performance of his duties.

5. Any person finding and taking possession of any wreck within the inland navigable waterways or bringing within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon as practicable-

If he be the owner thereof, give the Chairman or the person appointed by him notice in writing of the finding of the wreck and of the marks by which such wreck is distinguished.

If he be not owner of the same, deliver the same to the Chairman or the person appointed by him.

6.(i)         Whenever any wreck is found by the Chairman or the person appointed by him or existence of any wreck is brought to his notice, it shall be published in at least two local newspapers containing description of the wreck and the time and place where the same was found as far as practicable, calling upon the lawful owner to remove the wreck within a period of 15 days from the date of publication of such notice:

               Provided that anyone claiming to be an owner shall have to establish his claim by producing documents to the satisfaction of the Chairman or the person appointed by him.

            (ii)     After publication of the notice aforesaid if any owner applies for extension of time for its removal and there are reasons to believe that such extinction is necessary the Chairman or the person appointed by him may extend the time up to a period of sixty days from the date of publication of the notice;

            (iii)    If the owner fails to respond to the notice published under sub-rule (i) The Chairman or the person appointed by him may take possession of and cause the wreck to be raised, removed or destroyed.

            (iv)    Notwithstanding anything contained in these rules, the Authority may, for reason to be recorded in writing, remove or salvage, without any notice, any wreck and keep the wreck under its custody by making arrangements for guarding the cost of which shall be borne by the owners.

7. (i) The Chairman or the person appointed by him shall, on taking possession of any wreck under rule 6, or when the wreck has been delivered to him in accordance with clause (b) of rule 5 by any person not being the owner thereof, publish the same by notification in the official gazette and in atleast two local newspapers giving a description of such wreck and time and place where it was found as far as practicable.

      (ii) If the wreck is of perishable nature the Chairman or the person appointed by him any dispose of the same immediately by public auction.

8.   (i) If after publication of notification under rule 7, the wreck is unclaimed or if the person claiming the same fails to pay the cost incurred and a further sum of 20% in respect thereof, the Chairman or the person appointed by him may sell such wreck by public auction,   after waiting for a period of sixty days from the date of publication of notice:

            Provided that the Government may order disposal of such wreck in any manner deemed necessary.
                  (ii) In case of any disputes concerning the amount due under sub-rule (i) the decision of the Authority shall be final.

9.         When a wreck has been sold in the manner prescribed in sub-rule (i) of rule 8, the amount due for salvage and the charge together with the expenses of the sale shall be deducted from the proceeds of such sale and the balance shall be deposite,with the Government or shall be disposed of as otherwise directed by the Government.

10.       Having established his claim within the aforesaid period if the owner cannot pay the cost of salvage and other charges forthwith, the Chairman or the person appointed by him may allow the owner to take custody of the wreck on execution of an indemnity bond or on furnishing Bank guarantee to the satisfaction of the Chairman or the person appointed by him:

            Provided that the period of such custody shall not exceed one year.

11.       (i) The Authority may cause to be removed and destroyed any obstruction on any inland navigable waterways.
            (ii) In removing and destroying obstruction no public notice is required to be issued.

THE BANGLADESH INLAND WATER TRANSPORT
(TIME AND FARE TABLE APPROVAL)
RULES, 1970.*

Preliminary.

1.         Short Title and Commencement –(a) These Rules may be called the Bangladesh Inland Water Transport (Time and Fare Table Approval) Rules, 1970*

            (b) These Rules shall come into force at once.

2.         Definition-In these rules unless there is anything in the subject or context —

            (a)     ‘Act’ means the Inland Mechanically Propelled Vessels Act, 1917 (1 of 1917).**
            (b)     ‘Authority’ means the Bangladesh Inland Water Transport Authority as established under section 3(1) of the Bangladesh Inland Water Transport Authority Ordinance, 1958 (E.P. Ordinance LXXV of 1958) read with the Notification No. 9205HT, dated the 18th November, 1959.

            (c)     ‘Vessel’ means ‘Mechanically Propelled Vessel’ as defined in section 2(1) of the Inland Mechanically Propelled Vessels Act, 1917 (1 of 1917).

            (d)     ‘Time-Table’ means the table showing time of departure from all stations and time of arrival at the
_________________________________________________________________________________
*              Railways, Waterways and Road Transport Department Notification No. WL/-1/70/290-21st May 1970.

**            Repealed by section 83(1) of Inland shipping Ordinance 1976. (Ordinance No. LXXII of 1976).

                     terminal stations and it also includes the names of stations that the Inland Mechanically Propelled Vessels are required to touch.

            (e)     ‘Fare-Table’ means a table showing the fares to be charged for the journey to be undertaken between stations and tariff showing the list of other charges.

            (f)      ‘Season’ means a period of time in a calendar year.

            (g) ‘Zone’ means the geographical divisions of Bangladesh into suitable areas for the convenience of operation and control of inland water transport as defined in appendix E-1 and E-2 to these Rules.

            (h)     ‘Zonal service’ means the Inland water transport passenger vessels plying in a zone as defined in appendix E-1 and E-2 to these Rules.

            (i)      ‘Inter-Zonal Service’ means inland water transport Passenger vessels plying through any two or more zones.

            (j)      ‘Owner’ means a person or a body of persons engaged in the business for the carriage of passengers or cargo or both either for hire or for reward, by Mechanically Propelled Vessels either owned or partly owned or chartered by him/them or mortgage-in-possession or agent of a vessel.

            (k)     ‘Class 1 Officer of the Authority’ means an Officer of the Bangladesh Inland Water Transport Authority and classified as such by the Authority.

            (l)      ‘Magistrate’ means a person exercising powers under the Code of Criminal Procedure, 1898.

            (m)    ‘Director of Ports and Traffic’ means the Director of Ports and Traffic of the Authority.

            (n)     ‘Senior Deputy Director of Ports and Traffic’ means Senior Deputy Director of Ports and Traffic of the Authority.

            (o)     ‘Deputy Director of Ports and Traffic (Passenger Service)’ means Deputy Director of Ports and Traffic (Passenger Service) of the Authority.

(p)     ‘Port and Traffic Officer’ means the Port and Traffic Officer of the Authority.

(q)     Bangladesh Inland Waterways (Passenger Carriers) Association’ means the body set up under section 3 of Trade Organization Ordinance, 1961 (Ordinance No. XLV of 1961), hereinafter referred to as BIW(PC) A.

(r)     ‘River Traffic Police’ means Police Force set up under Act V of Police Act, 1861.

(s)     ‘Review Board’ means a board set up by the Authority to review appeal against any action under these Rules.

3.         Invitation of applications for approval of Time and Fare Tables — (I) The Authority shall invite applications from owner(s) for approval of time and fare tables from time to time for any or all routes. While inviting applications, the Authority shall:

            (a)        decide the period for which application for approval of time and fare tables shall be invited and shall specifically mention the period thus decided in the notification inviting applications, and

            (b)        fix a date and time for receipt of applications for approval of time and fare tables and shall specifically 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 received by the time and date fixed as per rule 3 (1) (b).

4.         Application for approval of Time and Fare Tables — (I) 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 cost of each set of form is taka 10.00 (takaTen) 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—

Three copies of proposed time and fare tables.

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

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.

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.

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.

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.

Proof of ownership or Charter Party or Agency or Mortgage-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 fare tables.

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

(i)         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 Provided, if in any zone there is no Office of the port and Traffic Officer, the application shall be submitted direct to the office of the Director of ports and Traffic with a copy to the Branch Office of the Bangladesh Inland Waterways (Passenger Carriers') Association. If no Branch Office of Bangladesh Inland Waterways(Passenger Carriers') Association exists in any zone, a copy of the application shall be sent to the Head Office of Bangladesh Inland Waterways (Passenger Carriers')Association. Upon receipt of the Applications, the port and Traffic officers and Bangladesh Inland Waterways (Passenger Carriers.) Association shall forward the same with their comments/ recommendations to the Director of ports and Traffic so as to reach him within the period as notified by the Authority.

(ii)        To facilitate due consideration and proper disposal of application for approval of time and fare tables, the owner(s) operating in Interzonal route shall submit application(s) to the Director of ports and Traffic with a copy to Bangladesh Inland Waterways (Passenger Carriers') Association, Dhaka. The Bangladesh Inland Waterways (Passenger Carriers') Association, by due time and date, shall forward the application with their comments/recommendations to the Director of ports and Traffic, Bangladesh Inland Water Transport Authority, Dhaka within the period as notified by the Authority.

6.         Grounds on which application for time and fare tables shall be rejected without consideration – The Authority may, after stating the reason(s) thereof, reject an application for approval of time and fare tables without any consideration for non-compliance with the provisions of rules, 3, 4 and 5 of these Rules.

7.         Determining factors for approval of time and fare tables –(1) While considering applications submitted either for regular service or additional on any route in accordance with the above procedure, the Authority shall take into consideration the following -

Whether the applicant is already providing regular service on the route.

Any outstanding complaint from public against the service, e.g., (i) irregularity (ii) violation of approved Time and Fare Table, (iii) frequent breakdown, and (iv) calling at unscheduled places, etc.

Quality of the vessel i.e., whether the vessel is of steel-hull or wooden hull. The Authority may, with a view to provide more safety and amenities to passengers, give preference to steel-hull vessels over wooden hull.

Capacity and amenities on board.

(iii)       Where an application is made for approval of time and fare tables for introduction of additional service in any route, the Authority may in addition to above take either of the following points for consideration-

Whether the proposed vessel is of better quality with more amenities than that of the existing one.

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 – (1) 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 un consultation with BIW(PC)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

disapprove the time and fare tables applied for, or

Call for fresh application (s), or

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 thereunder 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 statedherein under :-

Two copies of approved time and fare tables shall ordinarily be issued per launch, 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.

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.

Forzonal 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 any be convenient and/or expeditious, with a copy of the same to the River Traffic Police.

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

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 Office 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 under Section 74E read with Vessels Act 1917 (Act I of 1917) * or any other law(s) for the time being in force :-

Non-observance of approved time and fare tables

No-supply of information pertaining to the break-down 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.

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

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.

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

Violation of any provision of Inland Mechanically Propelled Vessels Act 1917 (Act5 1 of 1917) * * and Rules

* Corresponding Provisions of Inland Shipping Ordinance 1976 are 61(d) read with Section 54.
* Now read Inland Shipping Ordinance 1976 (Ordinance No. LXXII f 1976)

framed there under 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 Vessel(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 not 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 ghat 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, nor 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 – (1) Notwithstanding anything contained in these 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-

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

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

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 deployed 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 authorized 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 port and Traffic (Traffic) or Deputy Director of port sand Traffic(Passenger Service) or any other officer of the Authority duly authorized 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 :

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) ;

         (Here 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 Vessel

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 dare …………………….

Seal of the
Organisation.



   Name ………………………

APPENDIX B
DECLARATION

            I/We undertake that my/our vessel(s) shall no 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 and Traffic, with a copy of the same to the Port and Traffic Officer concerned.

            1st party                                                                        2nd Party

            Name of Launch …………………………………..    Name of Launch ……………..
            Signature                                                                      Signature

            With date ………………………….                           With date……………………….

            Name ………………………………………..            Name ……………………………….
            Position ……………………………………               Position …………………………….

APPENDIX D

            Address                                                           Application for :

1.         Director of Port and Traffic,                              (i) All Inter-zonal services by
            Bangladesh IWT Authority                                     water transport vessels.
            141-143, Motijheel C/A, Dhaka-1000.            (ii) All services by water transport
                                                                                           Vessels within Sylhet Zone.
                                                                                    (iii) All services by water transport
                                                                                           Vessels within Northern Zone.

2.         Port and Traffic Officer, Bangladesh                  (i) All services by water transport
            IWT Authority, Dhaka Port                                  Vessels within Dhaka Zone.
            Terminal Building, Sadarghat,
            Dhaka.

3.         Port and Traffic Officer, Bangladesh                        (i) All services by water transport
            IWT Authority, Khulna port                                        Vessels within Khulna Zone.
            Terminal Building, Khulna.

4.         Port and Traffic Officer, Bangladesh                        (i) All services by water transport
            IWT Authority, Narayanganj port                               Vessels within Narayanganj Zone.
            Terminal Building, Narayanganj.

5.         Port and Traffic Officer, Bangladesh                        (i) All services by water transport
            IWT Authority, Barisal Port office,                              Vessels within Barisal Zone.
            Terminal Building, Barisal.

6.         Deputy Director of Port and Traffic, Bangladesh (i) All services by water transport
            IWT Authority, 10, Agrabad, Taher Chamber,    Vessels within Chittagong Zone.
            Chittagong.

Note – After the introduction of Route Control :

            (i) Northern Zone shall be known as Sirajganj Zone.

            (ii) Dhaka and Narayanganj Zones shall be combined and known as Dhaka- Narayangonj Zone. All Applications for approval of time and fare tables for this zone shall have to be addressed after the introduction of Route Control, to the Port and Traffic Officer, BIWTA Authority, Dhaka port Terminal Building, Dhaka.

            (iii) Chittagong Zone shall be known as Rangamati Zone.


APPENDUX E-1

            The Zones indicated in this Appendix shall be replaced by the zones mentioned in Appendix E-2 after the Route Control Rules have been enforced.

DHAKA ZONE

1.         Boundary – The zones comprises of Dhaka District excepting its Narayangonj Subdivision and includes Tangail and part of Jamalpur subdivisions of Mymensingh distrect. It is bound in the North by the old Brahmaputra River (Including the river), in the East by the Banar and the Lakhya Rivers (excluding the rivers), in the North-West by the Railway line from Jamalpur to Jagannathganj Ghat (excluding the Ghat), in the West by the Jamuna up to Aricha at its confluence with the Padma, in the South-West by the Padma up to Chandpur (excluding Chandpur). It does not include Taltala on the Dhaleshwari, but includes stations on the left bank of the Jamuna.

NARAYANGANJ ZONE

2.         Boundary – The zone comprises of Comilla Distrect excepting a part of Brahmanbaria Subdivision and includes the Narayanganj Subdivision of Dhaka distrect, and the Sadar and half of Jamalpur Subdivisionsof Mymensingh distrect. The zone is includcated in the North by the boundary of the province in the West by the Brahmaputra (excluding the river) and then by the boundary of the Dhaka Zone (vide para 1 above), in the Eest by the Someswari River (including the river) up to Durgapur and then by the Railway line up to Bhairab, and in the South by the Chandpur-Laksam Railway line (including Chandpur).

BARISAL ZONE

3.         Boundary- The zone comprises of Faridpur and Bakerganj distrects and the Western half of Noakhali distrect. It is bound in the North and North-East by the Ganges/Padma up to its confluence with Maghna near Gazaria (excluding stations on the bank and Xharbhaadrasan on the right), in the East by the Meghna up to Chandpur (excluding stations on its left bank) and then following the Railway lines up to Maijdi and in the West by Garai-Madhumati (excluding the river) and by Baleswar (including the river).

KHULNA ZONE

4.         Boundary- The zone comprises of Khaulna, Jessore and Kushtia distrects. It is bound in the North by the Ganges (excluding the river), in the East by the boundaries of Barisal Zone (vide para 3 above), in the West by the boundaries of the country and in the South by the Bay of Begnal.

NORTHERN ZONE

5.         Boundary- The zone comprises of Dinajpur, Rangpur, Bogra, Rajshahi and Pabna distrects. It extends in the North and the West up to the boundaries of the country, in the East up to the brahmaputra (including the river) and the boundary of the Dhaka Zone (vide para 1 above), and in the South up to the Padma (including the river and the Goalando Ghat).

            SYLHET ZONE

6.         Boundary- The zone comprises of the whole of Sylhet distrect, Netrakona and greater part of Kishoreganj subdivision of Mymensingh distrect, and the remaining half of Brahmanbaria distrect. Spaped roughly like a triangle, it is bound in the North and the South-East by the boundaries of the country and in the West by the boundaries of the Narayanganj Zone (vide para 2 above).

CHITTAGONG ZONE

7.         Boundary- The zone comprises of Chittagong, Chittagong Hill Tracts and the remaining half of Noakhali distrect. It is bound in the North by Laksam-Chauddagram road and Tripura, in the West by Laksam – Maijdi Railway line and Shahbazpur channel (excluding the channel), in the Eest and the South by the boundaries of country.

APPENDIX E-2

Zones :

Butted and bounded by :

1. Sirajganj Zone

It includes the waterways within the distrects of Rajshahi Division including the navigable channels of rivers Padma and Jamuna (Brahmaputra); the waterways within Kushtia distrct; and the waterways within Goalundo subdivision of Faridpur distrect.

2. Khulna Zone

It includes the waterways within the distrects of Khulna and Jessore; the waterways within Faridpur Sadar subdivision excluding char Bhadrasan and Sadarpur police station, the waterways within Gopalganj subdivision; and the waterways within Rajair police station of Madaripur subdivision of Faridpur distrect.

3. Barisal Zone

It includes the waterways within the distrects of Bakerganj and the distrect of Patuakhali; and the waterways within Madaripur and Kalkini police stations of Madaripur subdivision in Faridpur distrect.

4. Rangamati Zone

It includes the waterways within the distrects of Chittagong, Chittagong Hill Tracts and Noakhali including the inland waterways in the adiacent coastal areas and offshore islands.

5. Sylhet Zone

It includes the waterways within the distrects of sylhet; the waterways within Mohanganj, Khaliarjuri, Itna, Astagram, Bajitpur, Kuliarchar and Bhairab Bazar police stations of Mymensingh distrect; and the waterways within Nasirnagar, Sarail and Brahmanbaria police stations of Comilla distrect.

6. Dhaka- Narayanganj
Zone

It includes the waterways within the distrect of Dhaka including the navigable channels of the Padma; the waterways within the distrect of comilla excluding Nasirnagar, Sarail and Brahmanbaria police stations; the waterways within Jamalpur, Tangail and Mymensing Sadar subdivision excluding the navigable channels of river Jamuna (Brahmaputra); the waterways within Netrakona subdivision excluding Mohanganj and Khaliajuri police stations; the waterways within Kishoreganj subdivision excluding Itna,Astagram, Bajitpur, Kuliarchar and Bhairab Bazar police stations of Mymensingh distrect; and the waterways within Char Bhadrashan, Sadarpur, Sibchar, Janjira, Naria, Palong, Bhedarganj and Gosairhat police stations of Faridpur distrect.



REVIEW BOARD

MEMBERS OF THE REVIEW BOARD

The Review Board shall comprise of the following three officer of the Authority :

SL No.

Description of Member

Designation

1.

Chairman, BIWTA

Chairman (Ex-Officio)

2.

Member, Finance, BIWTA

Member (Ex-Officio)

3.

Secretary, BIWTA

Member - Secretary(Ex-Officio)

RULES OF BUSINESS OF THE REVIEW BOARD

1.         The review Board shall hold meeting at such time and at such place as the Member –     Secretary, in consultation with the written approval of the Chairman, may appoint.

2.         Not less than ten days notice shall be given of any meeting of the Review Board.

3.         The Presence of two members shall form the quorum.

4.         If a meeting fails for want of quorum, the next meeting shall be called within ten days.

5.         The Chairman, BIWTA, shall preside over the review board meeting and in his absence, the member, Finance shall act as Chairman. In case of equality of votes, the Chairman shall have second or casting vote.

6.         Any person or body desiring review of his case against the orders of the Authority shall within fifteen days of the receipt of the orders do so in the form of a memorandum in duplicate setting forth concisely the grounds of objection to the orders of the Authority accompanied by the certified copy of the order and also Review fee of Tk. 50.00 (Tk fifty) per case to be paid either in cash or by Bank Draft in favour of Bangladesh Inland Water Transport Authority.

7.         Upon receipt of an application in accordance with para. 6 above, Member-Secretary in consultation with and with the written approval of the Chairman, shall fix a date for review of the case at such time and such place as he may specify giving the Appellant not less than fifteen days notice.

8.         The Appellant may appear and conduct his case in person or be represented by any person authorised by him in writing in this behalf.

9.         The Review Board may ask any Authorised/dealing Officer of the Authority to appear before the Board with such records as are necessary for the case.

THE PORT RULES, 1966*

CHAPTER –
PRELMINARY

1. Short title and commencement (1) These Rules shall be called The Port Rules, 1966.

(2)     These rules shall come into force at once.
(3)     These Rules shall apply to the ports to which provisions of the Ports Act, 1908 (Act XV of 1908) have been extended or are hereinafter extended.

2. Definitions – In these Rules, unless there is anything repugnant in the subject or context :-

(1)        “Act” means the Ports Act of 1908 (XV of 1908);
(2)        “Authority” means the Bangladesh Inland Water Transport Authority as established under section 3(1) of the Bangladesh Inland Water Transport Authority ordinance, 1958 (E P      Ordinance LXXV of 1958);
(3)        “ballast” includes every kind of gravel, sand and soil and every commodity or thing which may be used for the ballasting of vessels;

(4)        “bank” means land which confines the water of a waterways in its channel or bed in its whole width and extends above “high-water-mark”;

GOVERNMENT OF EAST PAKISTAN RAILWAYS, WATER-WAYS AND ROAD TRANSPORT DEPARTMENT, NOTIFICATION No. WL/III/4R-13/65/773, dated Dacca the 31st October 1966.

(5)     “bed of a navigable waterway” is that portion of the soil and sub-soil which is habitually covered by the waters of a navigable waterway and extends to the high water-mark on both banks of a navigable waterway. It include any area defined hereinafter as foreshore ;

(6)     “cleaning contractor” means any person or body of persons who holds valid licence issued by the Conservator for undertaking any work connected with chipping, cleaning or painting of any vessel within a port;

(7)     “competent authority” includes a body of persons appointed/authorised by any enactment other than the Act, to exercise any of the powers and to discharge any of the functions relating to a port;

(8)     “contactor” means any person who contracts with any other persons to perform the acts of handling passenger luggage, goods or operating equipment within a port or to provide any article in the port;

(9)     “Conservator” means the Bangladesh Inland Water Transport Authority appointed as such by Notification No. 463-HTD dated the 9th September, 1960;

(10) “crew” means the number and type of persons required for manning the vessels;

(11) “dangerous or hazardous goods” includes any and every article or substance of an inflammable or explosive nature and all such goods that may, from time to time, be notified under the explosives Act, 1884(Act III of 1884);

(12) “day” means a calendar day from midnight to midnight or part thereof;

(13) “ferry” means a vessel of any description used for ferrying purposes within or without a
       port;

(14) “foreshore” means that sub-soil which lies between the “high-water-mark” and “low-water-mark”;

(15) “goods” or “cargo” includes wares, liquids and merchandise of any description;

(16) “high water-mark” means a line drawn through the highest points reached by ordinary spring tides at any season of the year;

(17) “jetty” means any structure of a permanent of semi-permanent nature other than wharf which may be used for the loading or discharge or accommodation or passage of persons or goods or berthing of vessels including any foreshore or bed of the waterways used for such purpose, enclosing or adjoining thereto. Such “jetty” may include any stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon, and any other works connected therewith;

(18) “low-water-mark” means a line drawn through the lowest points reached by ordinary spring tides at any season of the year:

(19) “magistrate” means a person exercising powers under the Code of Criminal Procedure, 1898, but does not include a Magistrate of the third class;

(20) “master” when used in relation to any vessel, means subject to the provisions of any other enactment for the time being in force, any person (not being a pilot) having, for the time being, the charge or control of the vessel;

(21) “mooring” means a place allocated by the Conservator where vessels may be secured;

(22) “navigable rivers and channels” means waterways which allow the passage of vessels of any description;

(23)   “owner” when used in relation to goods, means any consignee, shipper, agent for shipping, clearing or removing such goods, or agent for the sale or custody of such goods, and, when used in relation to any vessel, means proprietor, agent, part owner, charterer, consignee or mortgage-in-possession thereof:

(24) “passenger” includes any person, excepting the master and crew, who is carried on a vessel, and any person entering, remaining in, or leaving a port in the course of embarking or disembarking from any vessel;

(25) “pilot” means a person qualified to pilot a vessel and authorised by the Conservator to do so in a port;

(26) “port” means a port to which the provisions of the ports Act, 1908, have been extended; and shall include all such ports to which the provisions of the said Act, may, hereinafter be extended;

(27)   “Government” means the Government of Bangladesh;

(28) “rates” includes any charges, fees, and dues that may be incurred by passengers and goods whether embarking or disembarking from any vessel or whether being loaded or discharged from any vessel, or whether remaining in or in transit through a port;

(29)   "ship-chandler" means any person or body of persons, who or which holds a valid licence issued by the Conservator for the supply of provisions, stores and fresh vegetables or edibles of any description to vessels in port;

(30) “supervisor” means the person appointed by the Conservator to be supervisor of any wharves, jetties, port or premises for the time being under his control;
(31)   "ton" means a ton as determined or determinable by the rules for the time being in force, for regulating the measurment of the net tonnage of British Ships, if not otherwise provided in these Rules;
(32) "vehicle" includes any appliance used in a port for the conveyance of passengers, goods or any other article or for towing or pushing other vehicles, and whether mechanically propelled or otherwise, and includes railway rolling stock, road vehicles and goods handling equipment;
(33)   "vessels" includes all crafts used for transportation on waterways, whether mechanically propelled or otherwise;
(34)   "vessel underway" means a vessel which is not made fast or at anchor or at moorings, or fast or made fast to the ground or bed of the river;
(35) "wharf" shall include any bank of the river which may be improved to facilitate the loading or unloading of goods, and any foreshore used for the same, and any wall enclosing or adjoining such bank or foreshore.

CHAPTER II
Section I.
MOVEMENT OF VESSELS INTO WITHIN AND OUT OF
PORT
3.      Record of Movement- the master of owner of any vessel shall maintain on board written records of movement of the vessel in a port in the form of a Log Book in the manner as may be prescribed by the Conservator and shall produce and display the same as and when the Conservator may demand with a reasonable notice.

4.      Berth Occupation – No vessel shall use any port facility provided for by the Conservator without his permission.

5.      Pilotage – where the provisions of section 31 of the Act, or any other Act for the time being in force in respect of pilotage, are extended to a port all vessels within the port shall observe such pilotage rules as may be in force.

6.      Liability through pilotage – Notwithstanding anything contained elsewhere in these Rules, the owner or master of a vessel, which is under, these Rules, required to have a pilot or to be led by a pilot vessel with 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.

7.      Safe navigation – The master of a vessel entering, leaving or moving within a port shall proceed at a moderate speed having careful regard to the conditions existing at the time and no vessel shall proceed at a higher speed than is absolutely necessary to keep her under control and shall navigate in such a manner that he does not endanger other vessels and persons or cause damage to river banks or property of any kind. The master shall be liable for any damage or injury to properties and persons arising from any contravention of this Rule.

8.      Declaring Vessels – The owner or his agent of any vessel entering a port when voyaging from a port of origin outside Bangladesh shall declare the vessel not less than 24 hours before her arrival in the port. The declaration shall be made in the “Form for Declaration of a vessel” appended to these Rules.

9.      Vessels in transit – The master of any vessel in transit through Bangladesh waterways, in accordance with the provisions contained in the Barcelona Convention and the General Agreement on Trade and Traiffs, will report to the Conservator at the first port of arrival in Bangladesh.

10.    Observance of regulations – The master of a vessel entering, leaving or remaining within a port shall observe the provisions of the1 [Inland Mechanically propelled vessels Act, 1917 (Act I of 1917) and the Rules framed thereunder] relating to the protection of inland mechanically propelled vessels from danger by collision, in addition to the provision of any port and river notices issued by the Conservator, for the purpose, from time to time.
11.    Departing port – Excepting vessels which have fixed departure timings approved by the Conservator and country boats of any description, the master of vessel leaving any berth facility provided for the Conservator shall prior to departure of the vessel, report his impending departure to the Conservator or to person authorised by him in this behalf, and shall give details of cargo and passengers therein and destination and any other information that may be required by the Conservator.
12.    Vessels in regular service – Time-table for passenger services approved under2 [section 54AA (1) of the Inland Mechanically Propelled Vessels Act (1 of 1917), as amended,] or under clause (x) of section XV of the Inland Transport Authority Ordinance, 1958 (E.P Ordinance No. LXXV of 1958shall be strictly followed by the masters of all such vessels entering or leaving port.
_________________________________________________________________________________
1.         Now read Inland Shipping ordinance 1976 (ordinance No. LXXI of 1976).
2.         Now read sec. 54 of Inland Shipping ordinance 1976 (ordinance No.LXXI of 1976)

Section II
REGULATIING TAKING IN OR DISCHARGEING
PASSENGERS, GARGO OR BALLASR

13.    Working propulsion gear- while a vessel is berthed or moored at a jetty or a wharf her propeller or propulsion gear shall not be worked without due care and caution. Any injury to a person or damage to any property caused by violation of this Rule shall be the liability of the master and the owner.

14.    Reporting accidents – The master of any vessel involved in any accident which involves loss of life or injury to person or damage to any jetty or wharf or installation or thing or to his vessel or to any other vessel, shall, before leaving the port and immediately after the accident , submit a written report on the accident to the Conservator of the port and to the nearest police Station.

15.    Fire Prevention – when a fire has broken out in any vessel the masters of all vessels in neighbouring berths or moorings shall raise steam, furl their awnings, prepare their force pumps ready for use and prepare to slip their cable and moorings.

16.    Dangerous discharges- The master or owner of every vessel shall take all necessary precautions by placing guards or otherwise to prevent injury to persons or damage to property through the discharge of steam, exhaust gauges, oil or water from any part of the vessel.

17.    Danger from hatchcovers – when cargo is being loaded into or discharged through any hatchway of a vessel, whether on deck or below, or the longitudinal (fore and aft) and athwart ship beam and hatchway covers of such hatchways are removed for any other purpose, the covers shall be secured in such a manner as will effectively prevent them from falling in to the hold or overboard and take such other precautions as are required by any other law for the time being in force.

18.    Embarkation and disembarkation when vessel in motion- The master of any vessel shall prevent any passenger, owner, crew-member, or other persons from attempting to embark on, or disembark from, any vessel, jetty or wharf while the vessel is in motion or not properly secured.

19.    Embarking or disembarking at any bank or approved place – The master and the owner shall be responsible for ensuring that passengers embark or disembark on or from a vessel to or from the bank of any inland waterway within the port limits at places approved by the Conservator. The master and the owner shall also be responsible for ensuring that passengers embark or disembark from vessel to vessel or to and from pontoons, jetties or wharve at places approved by the Conservator.

20.    Provision of gangway – The master of any vessel shall provide at least one gangway properly lighted, not less than two feet wide with handrail throughout its length, and of sufficient length, thickness and strength, to form a safe and convenient communication between the vessels and the bank, between the vessels and the pontoons, jetties, wharves, and such gangway shall be properly and securely placed between the vessel and the bank, between the vessels and the pontoons jetties or wharves, during the time the vessel remains alongside thereof.

21.    Permission to handle passengers, cargo, ballast- No master, owner, occupier or any other person shall load, discharge or convey passengers, ballast or cargo of any kind at, on, or to or from any place within the limits of a port other than those authorised by the Conservator.

22.    Vessels to be properly registered – No vessel, which is not registered under the1[Inland Mechanically Propelled Vessels Act 1917 (I of 1917)] or the2[Merchant Shipping Act, 1923 (Act VII of 1923)] or under these Rules, shall load passengers or cargo within a port or depart from a port.

23.    Survey certificate and route permit – (a) No vessel shall berth, or load or discharge passengers or cargo or take on or discharge fuel in a port unless it is in possession of a valid survey certificate/licence issued by the Conservator or a competent authority.

         (b) No passenger vessel shall berth, or embark, or disembark passengers in a port unless it is in possession of a valid route permit issued, from time to time, by a competent authority.

24.    Fouling berths – The licensee of any wharf or jetty or place used for the berthing of vessels shall be responsible for damage, loss or injury that may be occasioned through the berth becoming foul by reasons of any obstructions due to any of his acts, omissions and commissions.

25.    Excessive berthing – If, in the opinion of the Conservator, the number of vessels at any wharf or jetty or other mooring constitutes an obstruction or danger to navigation, the Conservator may order the removal and remooring of such vessels.

26.    Loading or discharging at unsafe places – The master or owner of any vessel shall not load or discharge or embark or disembark any goods or passengers at any wharf, jetty, stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon, or any structure of permanent or semipermanent nature or place adjoining the navigable waterways, within a port, which may be declared by the Conservator to be unsafe for such purposes.
_________________________________________________________________________________
1.         Now read Inland Shipping ordinance 1976 (ordinance No. LXXI of 1976).
2.         Now read sec. 54 of Inland Shipping ordinance 1976 (ordinance No.LXXI of 1976)

27.    Carriage of dangerous goods _ Owners, masters, persons and members of crews shall observe provision of 1[section 50 of the Inland Mechanically Propelled Vessels Act, 1917(Act I of 1917)] relating to the carriage of dangerous goods.

28.    Discarding of dangerous goods – No owner, master, person or members of crews shall, within the limits of a port, throw over-board any dangerous goods.

29.    Supply of fresh water – The Conservator may supply fresh drinking water to vessels at Ports on demand at a reasonable cost as may be determined by the Conservator.

30.    Display of approved fares and freight – The owner or master of a vessel shall display an approved rate of passenger fare in default of which the Conservator may refuse the use of any port facilities or detain the vessel in addition to any other penalties specified in 2[section 54 of the Act]

31     The Explosive Substances Act, 1908- All persons embarking on or disembarking from, or being on board any vessel shall be subject to the Explosive Substances Act, 1908 (Act VI of 1908).
_________________________________________________________________________________

1.         Now read Inland Shipping ordinance 1976 (ordinance No. LXXI of 1976).
2.         Now read Merchant Shipping ordinance 1983 (ordinance No. XXVII of 1983).

32.    Double berthing – Vessels moored at jetties and wharves controlled by the Conservator, shall give such facilities for loading and discharging to and from the out-board-side as the Conservator may consider reasonable and the conservator shall not be responsible for any delay, demurrage or damage that may occur by reason of overlapping or double banking vessels to the over side loading or discharging of such vessels. The outboard vessel shall operate with due care and caution.

         For the purpose of this Rule, the passenger-cum-cargo vessel shall be given priority over the cargo vessels.

            This Rule, however, shall not apply when over side discharge or loading is in progress.

33.    Liability – The Conservator shall not be liable in respect of any detention or delay to a vessel entering, remaining in, or going out of berths, wharves, quays, stages, moorings, or for detention or delay in the discharge of cargoes or vessels, or in the progress of vessels to and from moorings,or for dead freight delay in the loading and unloading of goods or for stoppage in the delivery of goods for any cause.

34.    Right of use of any landing place- The Conservator may direct any licensee of any wharf, jetty, stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon, or any structure within the limits of a port for which the licensee obtained a licence from the conservator to accept, for berthing, loading and/or unloading, any vessel provided the Conservator is satisfied that no other facility is immediately available for such purpose or for such operation. The licensee shall not make claim against the Conservator or any other party. In case of use of the facilities for a continuous period extending beyond 24 hours the conservator may reimburse up to 25 (Twenty five) per cent only of the berthing charge realized from the vessel. If, in the course of such use, any damage is caused, the party using such facilities shall be responsible for payment of compensation.

35.    Open hatchways – Vessels, when not working cargo during the night shall have any open hatchway protected by stout netting or hatches slipped in place and shall comply with all safety laws and regulations.

36.    Declaring vessels with dangerous goods – Agent shall give written notice of 48 hours before the expected arrival of any vessel having dangerous goods on board, or before shipment of any such goods, to the Conservator.

            The notice shall specify the contents of the packages and their number and marks.

37.       Vessels in port with dangerous goods– The master of any vessel arriving at a port and          having in board dangerous goods shall :-

declare the same at once in a From “B” appended hereto which may be obtainable from the Conservator;

on arrival in port, hoist the appropriate signals for possession of dangerous goods, and

make the necessary arrangements for discharging such cargo.

38.    Loading/unloading of dangerous goods – All acts of loading, unloading and carriage goods in a port shall be governed by any law in force for carriage, retention and handling of such dangerous goods and done under the direct supervision of the Conservator or any other person authorised by him.

39.    Responsibility for adherence to Rule for dangerous goods – The owner of a vessel and his agent shall be held responsible for due observance of these Rules and shall be held liable for any penalty or damage arising out of contravention thereof.

40.    Entering the port with dangerous goods- No person shall enter or loiter in or travel through a port or embark or disembark on or from a vessel in a port whist in possession of, or intending to deliver or tender for carriage, any dangerous goods including fireworks without distinctly marking their nature on the outside of the package containing the goods and without giving prior notice of their nature to the Conservator.

41.    Prohibition of dangerous or hazardous goods – No dangerous or hazardous goods shall be brought into a port except with written permission of the Conservator.

42.    Removal of dangerous or hazardous goods – The Conservator may remove or cause to be removed to any place, the conservator may choose, any goods of dangerous or hazardous nature.

43.    Double charge on dangerous or hazardous goods- The Conservator may levy double the rates of charges for discharging, landing, stacking, storing or removing any goods of a hazardous or dangerous nature. The list of such goods shall be published by the Conservator.

Section III
DICHARGE OF OIL MIXED WITH WATER

44.    No discharge without permission – No person shall discharge oil mixed with water within the limits of a port without prior written permission from the Conservator.

45.    Disposal of oil or oil mixed with water – Masters, or licensees wishing to disposal of oil or oil mixed with water shall make their own transportation arrangements for the removal of such items to a place outside the port limits, and, in the cases of vessels or property possessed or controlled by the Conservator, may apply to the Conservator for advice or assistance.

46.    Use of receptacles – No portable receptacle containing oil or other inflammable substance shall be brought into or upon any place within the limits of a port without prior permission of the conservator, All such receptacles and their fittings shall be made of suitable materials and be perfectly oil-tight; the master, owner or agents will be responsible, at their expense, for disposing of such receptacles from within the limits of the port in such a manner as may be determined by the Conservator.

47.    Direction for movement of tankers – The Conservator may from time to time issue directions governing movement, berthing and handing of oil tankers in a port which shall be strictly observed by all concerned.

Section IV
LIQUID FUEL BUNKERING

48.    Permission to store, receive or discharge liquid fuels-   No person shall construct or cause to be constructed a building to bring or cause to bring within the limits of a port, any receptacle of any kind for reception, storage or discharge of liquid fuels of any nature without the prior permission of the Conservator; and no person shall permit or cause to permit to construct or lay, either above or below the surface of the land or water, any pipe-lines or other methods of conveying, storing, receiving or discharging liquid fuels of any kind without the written permission of the Conservator.

49.    Place at which liquid fuel may be received or discharged – Master or owners requiring to take on or discharge to or from any vessel liquid fuel bunkers shall do so only at place and in such manner as may be determined by the Conservator.

50.    Pumping liquid- No liquid fuel shall be transferred from any vessel into another vessel, barge, lighter, or reservoir on shore, except by means of pumping through a perfectly oil-tight system of pipes at places to be approved by the Conservator.

Section V

KEEPING FREE PASSAGES WITHIN THE PORT

51.    Nothing to be allowed to fall in water – No person shall lay or place, on any wharf or jetty or vessel in an insecured manner, any ballast, rubbish, goods, articles, substance, or thing which is likely, after falling into water, to be or to become detrimental to navigation or to any vessel on its lawful occupation.

52.    Reporting things falling in the water – The master or owner of any vessel or jetty or wharf from which ballast, rubbish, goods, articles, substance, thing may be thrown or may fall into any navigable waterways within a port shall forthwith report full particulars of the occurrence to the Conservator.

53.    Removal of substance from beds of navigable waterways – No person shall remove or cause to be removed gravel, sand, earth, or substance from the beds of the navigable waterways of a port, without the prior written permission of the Conservator and without the aid or under the supervision of such person, as the Conservator may appoint to take part in or supervise the performance of such work.

54.    Constructions and excavations affecting beds of navigable waterways- (a) No person shall make any construction or excavation of any kind on the bed or foreshore of navigable waterways within a port without a licence from the Conservator.

Any person, who wishes to obtain a licence under clause (a), shall apply in a prescribed form and shall pay an application fee of five rupees only.

55.    Licence to construct or excavate – The Conservator may grant a periodical licence applied for under Rule 54 on such terms and conditions as may be specified in the licence and charge and collect a licence fee for such occupation. In assessing such fee and determining the period of such licence, the Conservator shall take into consideration the importance and the nature of construction or excavation, the importance of the area, the volume of traffic, the landing and shipping charges for such traffic, the maintenance of the regime of the navigable waterways, and the effect of the construction or excavation therein. Any contravention of the terms and conditions as may be specified in the licence shall render the licence liable to cancellation without any notice and the licence shall be liable to any of the penalties as specified in the Act.

         This Rule shall be deemed to apply to all existing encroachments, constructions or excavations, if any, in or on the beds or foreshore of waterways within a port.

56.    Period for leaving goods in port – No person shall, or shall cause, to stock, keep or leave any goods or personal belongings on or upon any part of the premises of a port for a period longer than is reasonably necessary to collect or remove the same.

57.    Obstructions to or from vessel – No person shall, or shall cause, to obstruct any passage or gangway leading to or from any vessel.

58.    Carrying on any form of activity in the port – Any person or body of persons, who wishes to carry out any from of commercial activity within a port, shall apply to the Conservator for a licence in a prescribed from obtainable from the office of the Conservator on payment of two rupees. The Conservator may thereafter grant any such licence on payment of licence fee as may be determined by the Conservator. The licence fee shall be pre-determined as fee as practicable for each kind of activity and be published. The Conservator may, at his discretion, refuse to grant any such licence.

59.       Committing a nuisance – No person shall commit nuisance on or in any part of a port.

60.    Permits for persons on or in the port- (1) Passenger or person entering or passing through any port of a port specified by the Conservator shall obtain a ticket for each entry on payment of an amount fixed by the Conservator, but not exceeding Tk. 0.13.

Government and the BIWTA officials on duty, children under 4 years of age, owner of vessel and their agents and crew member of vessels and persons holding valid monthly or periodical passes from the Conservator, are exempted from obtaining tickets under sub-rule (1).

The Conservator may issue an annual pass on payment of Tk. 5.00 renewable on payment of 2.00 to person who is connected with business activity in a port, other than a person exempted, at the discretion of the Conservator.

The loss of a pass may be immediately notified to the Conservator, who may issue a fresh pass on payment of Tk. 5.00 valid for the unexpired period.

61.       Navigation in Port – for purposes of maintaining unhindered and safe navigation within a          port.-
                  (a)Vessel and crafts of any description shall maintain course as close to the banks as            possible and shall not enter midstream except for the purpose of crossing from one            bank to the other;

(b) no raft shall float up or down the navigable waterways of a port between the sunset and the sunrise;

(c) The Conservator shall determine the width of a tow within a port in consideration of the general congestion and safety of navigation in a port; and

(d)all forms of net fishing in a port area within the navigable channel are prohibited without prior written permission from the Conservator.

62.    Keeping free spaces – The Conservator may mark out spaces which, in the opinion of the Conservator, shall be kept free from activities. No person shall encroach on the areas so marked out without prior written permission from the Conservator.

63.    Free passage to moorings and entrance- Free passages of approaches by land and water shall be kept to berths, landing place and moorings; and the entrance to a port, the railway or navigable channel, as marked by buoys shall be kept clear. No person shall encroach upon the areas referred to above without prior written permission from the Conservator.

Section VI

VESSELS ANCHORING, FASTENING, MOORING OR UNMOORING

64.       Additional mooring lines- Every vessel lying at a swinging mooring shall, from the 1st March to 31st October, have, in addition to her bower chain, the end of a good hawser made fast to the ring of the mooring or to a bollard or bitt. During inclement weather or when any storm signal hoisted, additional mooring lines including bowers anchor chain shall be fastened to such moorings.

65.    Making ready anchors- Every vessel within a port area shall have at least one bower anchor to let go when necessary.

66.    Alteration to moorings – No person shall move or change the mooring of any vessel in any manner that may cause obstruction of any kind.

67.    Vessel to be kept ready to move- Exept at places approved by the Conservator, no mechanically propelled vessel at berth in the stream shall dismantle her engines or otherwise render herself incapable of movement without permission from the Conservator.

68.    Obstruction by anchoring - No person shall be anchored in such a position or in such a manner as, in the opinion of the Conservator, will offer obstruction to any navigable waterways within a port.

69.    Moving and warping vessels- (a) The moving and warping of any vessel within a port shall be the responsibility of the master or owner, or both, who shall be responsible for and liable to any damage or injury occasioned to any property, vessels or thing or person while so doing. The owner or master shall be responsible for bearing the costs of any remedial action that may have to be undertaken by other party resulting from such damage or injury.

         (b) All vessels within the anchorage shall be moved or warped, from place to place, as required, and by such means or appliance as may be ordered by the Conservator.

70.    Right to demand tug power- The Conservator may demand and use, in times of emergency any vessel for the purpose of towing any other vessel required to be moved by the Conservator. The Charges for such use shall be mutually settled between the owner and the Conservator in accordance with prevailing rates.

71.    Moving by direction of the Conservator – Every vessel shall move to, or from,    any mooring or place when required to do so by the Conservator.

72.    Notification of permissible mooring- The mooring in a port at which vessels may moor or make fast shall be those designated by the Conservator from time to time.

73.    Permission to lay mooring – No person shall lay, place or construct any moorings of a permanent or temporary nature within port without the prior approval and written permission of the Conservator on such terms and Conditions as may be determined by the Conservator.

74.    Permission for existing moorings – Persons owning any mooring in any port at the time of publication of these Rules shall immediately apply to Conservator for permission which the Conservator may grant on such terms and conditions as may be specified by the Conservator.

75.    Shift of mooring- No person shall shift any mooring to or from any part without prior written permission from the Conservator.

76.    Power to direct vessel to moorings – The Conservator may direct any vessel to mooring or allocate any mooring to any vessel as he may deem fit giving due consideration to the existing circumstances and all such moorings, howsoever the vessels may be secured, shall be deemed to belong to the Government. The Conservator may demand and collect charges for the use of the mooring at such rates as may be determined by him from time to time. All anchoring in a port shall be controlled and regulated by the Conservator. However, no charge shall be levied and realised for such anchoring.

77.    Alteration to vessels- The master or owner of every vessel which is not required to be surveyed under the 1[Inland Mechanically Propelled Vessels Act (1 of 1917)] on every occasion, if an alteration is made, shall fill in and submit to the Conservator, in duplicate, the form “A” appended to these Rules on entry to a port after such alteration.
________________________________________________________________________________
1.             Now read Inland Shipping ordinance 1976 (ordinance No. LXXII of 1976).

78.       Hire of hawsers and craft – Rates for hire of hawsers and any craft belonging to a port           shall be on the basis of time factor.

There is no section VII

Section VIII

USE OF PIERS, JETTIES, LANDING PLACES, WHARVES, QUAYS, WAREHOUSES, SHEDS AND ANY OTHER FACILITIES CONTROLLED BY THE CONSERVATOR

79.       (1) Charges for landing, shipping, berthing and storage- For landing or for shipping, any goods or cargo in a Port and for use of facilities including jetties/wharves and cargo sheds in a port controlled by the Conservator, the following charges shall be levied at rates specified against each, namely-

A. Landing, shipping charges-

Description of goods

Basis of levy

Rate of Charges
Tk.

(i) All goods carried to and from any part of the port subject to these Rules

For each landing, and shipping per maund or part thereof

0.06

(ii) Animals ……….

Per head

1.00

(iii) Livestock ………………

Do

1.00

(iv) Birds of any kind ……

(a) Per maund on weighment or part thereof

0.50

(b) Per head…….

0.05

(v) Trucks and buses ……..

Each……….

2.00

(vi) Motor car and pick-up

Each………

1.00

(vii) Scooter ……….

Do ………

0.50

(viii) Cycle ……….

Each………

0.10

(ix) All goods on which freight is earned by cubic feet by cubic measurement

per cubic feet…..

0.10

N.B. (a) All personal effects of passengers under three maunds of weight excluding (ii), (iii), (iv),            (v), (vi), (vii) and (viii) above shall be exempted from the above charges.

            (b) One scooter, one cycle and two birds may be included in the personal effect of each            passenger.

(B) Berthing charges-

DescriptCion of Vessels
ountry boats -

Basis of levy

Rate of Charges
Tk.

(i) Country boat carrying capacity up to 50 maunds of cargo

Per berthing duration to be determined by the Conservator but not exceeding a day.

0.20

(ii) Country boat carrying capacity exceeding 50 maunds and up to 200 maunds of cargo

Ditto ……..

0.30

(iii) Country boat carrying capacity exceeding 200 maunds and up to 500 maunds of cargo.

Ditto ……..

1.00

(iv) Country boat carrying capacity exceeding 500 maunds and up to 1,000 maunds of cargo

Ditto ……..

1.50

(v) Country boat carrying capacity exceeding 1,000 maunds of cargo

Ditto ……..

2.00

Motor vessels and launches –

(vi) For every multiple of 50 passengers carrying capacity or part thereof.

Per berthing which should not exceed two embarkation and two disembarkation in a day

1.25

Vessels other than country boats, M, V and launches having-

(vii) Carrying capacity up to 500 passenger or up to 38 tons of cargo

Per berthing duration to be determined by the Conservator but not exceeding a dat

8.00

Vessels other than country boats, M. V. and launches having-

Description of vessels               Basis of levy                                    Rate of charges TK.

(viii) Carrying capacity over 500 and up to 800 passengers or over 38 tons and up to 64 tons of cargo.

Per berthing duration to be determined by the Conservator but not exceeding a day.

                     12.00


(ix) Carrying capacity over 800 passenger or over 64 tons and up to 100 tons of cargo

Ditto ……..

16.00

(x) Carrying capacity over 100 tons and up to 250 tons of cargo,

Ditto ……..

20.00

(xi) Carrying capacity over 250 tons and up to 500 tons of cargo

Ditto ……..

24.00

(xii) Carrying capacity over 500 tons of cargo

Ditto ……..

30.00

(C) Charges for the use of covered and uncovered spaces for storage purposes -

Description of vessels

Basis of levy

Rate of Charges
Tk.

(i) Goods in covered storage

Per sft. or thereof per day or part thereof

0.13

(ii) Goods in uncovered storage

Ditto ……..

0.02

Provided that no charge shall be levied for keeping goods in uncovered storage for two days from the date of landing.

(2) For landing, or for shipping, any goods or cargo in a port at any landing place, jetty, wharf, or any other facility operated under a licence from the Conservator, the landing or shipping charges shall be levied at rates not exceeding the rates specified in Rule 79(1) (A).

80.    Licence for supply of port labour- For regulating the proper and efficient use of port facilities the Conservator shall issue licence which shall authorise stevedores and handling contractors and their servants approved by the Conservator to enter on premises controlled or regulated by the Conservator, and engage in their lawful business of stevedoring and handling of goods and equipment on behalf of any employer or user of labour. Unless in possession of a valid licence no stevedore or handling contractor, or labour, shall enter on or into a port. The fee for such a licence shall be determined by the Conservator, and the Conservator may revoke such licence at any time on breach of any of the terms and conditions that may be specified therein by him.

81.    Superintendence of port labour- Masters of vessels, stevedores, handling contractors and shippers, consigness or their agents shall be responsible for, and shall superintend the working of goods to or from any jetty or wharf.

82.    Liability in employing of labour- The Conservator shall not be liable for any claim and liabilities arising out of any injury to any employee of a licensee under the workmen’s Compensation Act, 1923.

83.    Liability in handling – The Conservator shall not be responsible for any damage or loss sustained by any goods which are in process of handling by the carriers, stevedores and handling contractors.

84.    Weighing and measuring goods – The Conservator shall be responsible for employing such persons and equipment as may be necessary to weigh or measure goods that may be subject to payment of any charge authorised by or under the Act, and such weights and measures declared by the Conservator shall be lawful.

85.    Right to control vehicles- The Conservator may regulate and control all movements and parkings of all vehicular traffic within the port.

86.    Stacking cargo- The carrier, stevedores, handling contractors and consignees are required to handle and stack cargo within a port in such manner as may be directed by the Conservator.

87.       Office hours- The Port office of the Conservator shall remain open round the clock.

88.    Customs clearance- The Conservator shall not permit loading/unloading and transshipment of goods without production of a clearance certificate from the Customs authorities, wherever applicable.

89.    Consignor or consignee to clear cargo- No goods shall be discharged and handled unless the consignees or their agents have made adequate arrangement for clearing the cargo from the jetty or wharf. The shippers or consignees or their agent shall be responsible for all charges for which the goods become liable by of charging, landing, handling, storing and clearing from a port area. The Conservator may, at his discretion, refuse movement of any cargo in a port area.

90.    Un-cleared goods- Any goods stacked on any jetty or wharf shall be cleared by the owner of the goods, such goods remaining on the jetty or wharf shall be at the entire risk and expense of the owner.

91.    Failure to move goods within maximum period- Goods landed or stacked on any jetty or wharf shall be removed by the owner within a period of 4 hours after landing, except where otherwise permitted by the Conservator, failing which the Conservator may, at the owner's risk and expense, move the goods to such other place as the Conservator may deem fit to be expedient, and the owner shall bear all costs of removal and storage, and the owner shall have no claim whatsoever against the Conservator for any loss or damage caused in the course of such operation.

92.    Goods stored in warehouse – Goods landed or stored in a warehouse controlled or possessed by the Conservator shall so remain at the entire risk and expense of the owner who shall remove the goods within 7 days of landing calculating the period from midnight of the day of landing. On failure to remove the goods within 7 days the Conservator may remove, at the owner’s risk and expense, such goods to any other place that the Conservator may deem fit to choose, the owner shall have no claim whatsoever against the Conservator for any loss or damage caused in the course of such operation.

93.    Right of Conservator to move goods stored in warehouse- All goods stored in any shed or warehouse possessed by the Conservator shall be removed within 7 days from the date of storing, and in default, the owner shall be charged at double the prescribed rates for the first 3 days after which the rates shall be increased at the rate of 50 per cent of the cumulated rate for each successive day. If the goods remain uncleared for a period of 30 days ,from the date of storage, the Conservator is authorised to sell the goods by public auction and recover all dues ,fees, other charges and expenses payable under the Act, and dispose of the balance, if any ,in the manner prescribed by the Act.

94.    Handling livestock- No livestock shall be embarked or disembarked or brought into premises possessed or controlled by the Conservator without the permission of the Conservator.

95.    Unauthorised person in vehicles- No Unauthorised person shall get into or upon any vehicle possessed or controlled by the Conservator within the limits of a port.

96.    Payment of all charge- All charge fees and dues payable under the Act and these Rules shall be paid at the Port Accounts Office or at such convenient places as may be determined by the Conservator within the Port area in such a manner as the Conservator may specify from time to time.

         Major operators may furnish standing indemnity bonds for amounts to be fixed by the Conservator, which shall be fair and reasonable, against which the dues and charges shall be adjusted.

97.    Charges based on weighing and measuring – Where no basis for levying charges on cargo is available charge may be reckoned and recovered on weighing or measuring at the discretion of the Conservator. The cost of such weighing or measuring shall be borne by the owner or master, or by both .

98.    Charges on faction of unit measurement – Rates on all chargeable goods shall include weight or measurement of the packing and fractions of maund weight or foot measurement shall be regarded as full maund or foot respectively.

99.    Owner to protect goods from weather- The protection from weather of all goods stacked on jetty or wharf or in or on open space shall be the sole responsibility of the owner of the goods. The Conservator may let on hire to owners of cargo such protective items as the Conservator may possess at such rates as may be determined and published ,from time to time, by the Conservator.

100. Hire of mobile crane- Mobile crane possessed by the Conservator shall, when made available, be charged at the rate per crane of Tk. 15.00 per hour or Tk. 100.00 per 8 hour shift, inclusive of operating cost.

101. Hire of cargo carts- Hand carts possessed by the Conservator shall when available be charged at the rate per cart of Tk. 5.00 per hour or Tk. 35.00 Per 8 hour shift.

102. Charges of overside handling- A landing or shipping charge equal to half the landing or shipping charge as specified in rule 79(1)( A) will be recovered for goods discharged or shipped on the moorings over side   and delivered directly to the consignees.

103. Scaled charges for vessels with unworked cargo- Vessels carrying cargo for discharge or waiting for cargo to be loaded and lying at mooring, jetties or wharves owned or controlled by the Conservator, notwithstanding any existing statutory regulations heretofore enacted or notified shall be charged at the rates as specified in rule 79(1) (B) for berthing charge for a period of not more than two days. Thereafter, if discharge/loading is not done, at the rate notified by the Conservator from time to time charges for lying at moorings, jetties or wharves will be raised by 50 per cent for every day or part thereof that the vessels remain without working cargo. The Conservator may at his discretion, exempt payment of charges at enhanced rates in consideration of abnormal conditions affecting normal handling of goods.

104. Goods exempt from charges- Where labour for the purpose of discharge/loading is not employed by the Conservator the following goods may be landed or shipped without charge, namely-

baggage and personal effects;

ships fittings and stores not meant for commercial use;

fodder for livestock on board vessels;

stevedore gear; and

ashes and rubbish from vessels.

105. Licences for ship-chandlers- ship chandlers engaged in supplying provisions and other items to vessels within a port shall obtain a licence from the Conservator on payment of such fees as may be determined by him. The Conservator may revoke a licence, at any time ,without any notice, for breach of any of the terms and conditions as may be specified by him therein.

106. Licence for cleaning contractors- No contractor, without a licence from the Conservator shall enter in or upon a port for the purpose of carrying out any work of any kind connected with or consisting of chipping, scraping, cleaning or painting any part of any vessel in a port. The terms and conditions under which a licence may   be granted by the conservator shall be specified therein by him. Agents/owners of vessels are allowed to undertake normal maintenance work of their vessels except major chipping, scraping in a port.

107. Licence for supplying bunkers- No person shall engage, without a licence from the Conservator, in any activity connected with the supply of liquid or solid fuel bunkers to vessels within a port. The terms and conditions of the licence   shall be determined by the Conservator, and the Conservator may, for breach of any of the terms and conditions, revoke such licence at any time.

Section IX

LICENSING AND REGULATING VESSEL PLYING FOR HIRE

EXCLUSIVELY WITHIN THE PORT

108. Licence to ply- (1) An owner or a master of a vessel intending to ply within a port shall apply to the Conservator for a licence to ply a vessel within the port.

         (2) A licence granted, under sub-rule (1) shall not be required to be renewed every year.

109. Places to be used when plying for hire- Vessels plying for hire, reward or pleasure shall use only those wharves or jetties or other places used for loading, discharging, embarkation or disembarkation as may be specified by the Conservator.

110. Revoking licence- (1) Any licence issued under the Rule 108 may be revoked by the Conservator, if, in his opinion, such revocation is warranted in the public interest.

         (2) An appeal shall lie to the Government against the order of revocation of the licence by the Conservator under sub-rule (1)

111. Fees for issuance of licences – The Conservator may register and issue licence to vessel and or manjhinot required to be registered , surveyed and licensed under any other law for the time being in force, on payment of fees prescribed hereinafter.

Section X

LICENCE FOR VESSELS NOT COVERED BY SURVEY AND
REGISTRATION CERTIFICATE

112. Maximum number of crews and passengers- Applicants for licence under these Rules shall place their vessels for inspection by the Conservator and the Conservator may approcve the type and maximum quantity of cargo and/number of passengers or crew to be carred by such vessels, which details shall be entered in the licence issued by the Conservator.

113. Refusal to ply for hire – No vessel including ferries registered and licence under Rules of this section shall without lawful excuse refuse to ply for hire whenever so required.

114. Timing to be enforced- Movement timing approved by competent authority shall be strictly followed by all vessels including ferries.

115. Applying for registrarion and livensing- Applying for licence under 108 and registration under Rule 111 of a vessel shall be made in writing to the Conservator and shall contain particulars of the owners name and residence and description of the boat and the number of passengers which it is intended to carry.

116. Licence to be in charge of passenger boat- Every person requiring a licence to have charge of a passenger boat shall apply for the same to the Conservator, in writing for plying within a port.

117. Validity of licence- Every licence granted under these Rules shall continue unless revoked or cancelled under the provisions of these Rules.

118. Tonnage loading- In the loading of a cargo vessel of any description the tons weight must not exceed the tonnage figure given on the licence certificate.

119. Marking Boats – The number of every licensed and registered Sampan, ballam boat or craft of similar construction shall have to be painted on each quarter thereof in letters not less than four inches in length. On Sampans these numbers shall agree with the number branded on the mast thwart.

120. Rates for passenger boat licence- The following fees shall be payable for the issue of passenger boat licences granted under these Rules.

Schedule of Charges.

Items

Rate of Charges
Tk.

1. Registration and Licensing…………………

2.00 per boat

2. Boat plate showing number of licence crew passengers capacity (cargo) in Beangali

0.37 per plate

3. Licence and matal ticket for persons in charge of boat

0.25 each

4. Endorsement of charge of ownership on licence

0.75 per boat

5. Issue of duplicate licence to boats or ticket to manjhees in lieu of those defaced or lost

1.00 per plate

121. Number of passengers to be carried – The owner of the person in-charge of any licensed passenger boat shall not permit a number of persons in excess of that for which such boat has been licensed to be carried therein at one time and shall not permit such boat to ply for hire unless provided with the number of crew stated in the licence.

122. Cleanliness – All licensed boats shall be kept thoroughly clean.

123. Computing the number of persons to be carried- In the computation of the number of persons excluding the crew carried on any passenger boat, two children below the age of 12 years shall be counted as one person and every two maunds weight of personal effect shall be counted as equivalent to one person.

124. Obstruction by passenger boat – No passenger boat shall obstruct free navigation in a port or the approaches to any mooring or landing place.

125. Reporting accidents- Whenever any accident occurs to a registered passenger boat, the person in-charge or the owner, shall at once proceed to the nearest police Station and report the circumstances connected with the accident to the Officer-in-charge of the Police Station. A report shall also be made to the Conservator.

126. Unclaimed property – When any property belonging to passengers or crew is left in a passenger boat unclaimed the property so left shall at once be sent by the manjhi to the nearest Police
Station.

127. Production of licences- Every licensed passenger boat when plying for hire shall carry its licence on board and the licence shall be produced on demand.

128. Display of licence ticket- Every person registered under these Rules shall be provided with a metal licence ticket upon which shall be legibly painted the number of his licence and every such person, when in-charge of a licensed vessel shall carry the ticket with him. No person without such ticket shall be in-charge of any passenger boat.

129. display of permissible loads- every boat licensed to carry passengers shall be provided with and exhibit a passenger boat plate on which shall be shown in Bengali the registered number of the boat, the licence number and the number of passengers and crew entitled to be carried.

130. Renewal of licence ticket- whenever the number on any licence ticket becomes obliterated or defaced or ceases to be distinctly legible and whenever any licence ticket has been lost or misled an application shall be made to the Conservator for a renewal thereof and the Conservator shall supply a duplicate licence ticket.

131. Return of licence ticket- In the expiration or earlier termination of any licence the tickets shall be returned to the Conservator.

132. Tickets not transferable- No licence ticket shall be lent or transferred for use to any person be the holder and no such ticket shall be used by any unlicensed person.

133. Spurious tickets- No person in-charge of any registered passenger boat plying within the limits of the port shall use or keep or have any ticket resembling or intended to resemble the metal ticket granted under these Rules.

134. Charges for passengers and goods between vessels and shore- The scale of charge for the hire of licensed boats plying between various points within the port limits shall be prescribed and published by the Conservator from time to time.

135. Cargo vessel not to carry passenger- A cargo vessel shall not without a seperarate passenger-vessel-licence carry any person other than the crew and necessary guards in-charge of the cargo.

136. Application for registration and licensing- Every application for licensing and registration of a vessel of any description shall be made to the Conservator in writing and shall contain particulars of the owner’s name and residence and the tonnage of the vessel.

137. Survey before licensing and issue of licences- (a) No licence shall be granted to any cargo vessel until such vessel has been inspected and the Conservator is satisfied that it is safe for navigation unless the same vessel is in possession of a valid certificate from a competent authority.

         Provided that every cargo licence granted under these Rules shall continues in force unless it is revoked under the provisions of these Rules, such licence shall not be transferable and if the ownership of the vessel is charged notice of the transfer shall be given to the Conservator before such vessel again plies in the port.

         (b) The following fees shall be payable in respect of any cargo licence granted under these Rules to cargo vessel of any description namely :-



Items
Rate of Charges

(i) for registering licensing and branding

Tk.0.37 per ton capacity

(ii) for the licence of the manjhee or the person in-charge

Tk.0.75

(iii) for endorsement of charge of ownership on the register and licence

Tk. 1.00

THE PORT RULES, 1966

CHAPTER –1

PRELMINARY

1. Short title and commencement (1) These Rules shall be called the port Rules, 1966.

(2)     These rules shall come into force at once.
(3)     These Rules shall apply to the ports to which provisions of the ports Act, 1908 (Act XV of           1908) have been extended or are hereinafter extended.

2. Definitions – In these Rules, unless there is anything repugnant in the subject or context :-

(1)     “Act” means the port Act of 1908 (Act XV of 1908);
(2)     “Authority” means the Bangladesh Inland Water Transport Authority as established under section 3(1) of the Bangladesh Inland Water Transport Authority ordinance, 1968 (E P Ordinance LXXV of 1958);

(3)     “ballast” includes every kinds of gravel, sand and coil and every commodity or thing which may be used for the ballasting of vessels;

(4)     “bank” means land which confines the water of a waterways in its channel or bed in its whole width and extends above “high-water-mark”;

Government of East Pakistan Railways Water-ways and Toad Transport Department Notification No. Wl/111/4R-13/65/773 dated Dacca the 31st October, 1966

(5)     “bed of a navigable waterways” is that portion of the soil and sub-soil which is habitually covered by the waters of a navigable waterway and extends to the high water mark on both banks of a navigable waterway. It include any area defined hereinafter as foreshore :

(6)     “cleaning contractor” means any person or body of persons who holds valid licence issued by the Conservator for undertaking any work connected with chipping, cleaning or painting of any vessel within a port.

(7)     “competent authority” includes a body of person appointed/authorized by any enactment other than the Act, to exercise any of the powers and to discharge any of the functions relating to a port;

(8)     “contactor” means any person who contracts with any other persons to perform the acts of handing passenger luggage goods or operating equipments within a port or to provide any article in the port.

(9)     “Conservator” means the Bangladesh Inland Water Transport Authority appointed as such by Notification No. 463-HTD dated the 9th September, 1960.

(10) “crew” means the number and type of persons required for manning the vessels.

(11) “dangerous or hazardous goods” includes any and every article or substance of an inflammable or explosive nature and all such goods that may from time to time, be notified under the explosives Act, 1884(Act 111 of 1884)

(12 “day” means a calendar day from midnight to midnight or part thereof.

(13) “ferry” means a vessels of any description used for ferrying purposes within or without a port;

(14) “foreshore” means that sub-soil which lies between the “high-water-mark” and “low-water-mark”.

(15) “goods” or “cargo” includes wares, liquids and merchandise of any description;

(16) “high water-mark” means a line drown through the highest points reached by ordinary spring tides at any season of the year.

(16) “high-water-mark” means is a line drown through the highest points reached by ordinary spring tides at any season of the year;

(17) “jetty” means any structure of a permanent of semi-permanent nature other than wharf which may be used for the loading or discharge or accommodation or passage of persons or goods or berthing of vessels including any foreshore or bed of the waterways used for such purpose, enclosing or adjoining thereto. Such “jetty” may include any stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon and any other works connected therewith.

(18) “low-water-mark” means a line drown through the lowest points reached by ordinary spring tides any season of the year;

(19) “magistrate” means a person exercising powers under the Code of Criminal Procedure, 1898, but dopes not include a Magistrate of the third class;

(20) “master” when used in relation to any vessel, means subject to the provisions of any other enactment for the time being in force any person (not being a pilot) having for the time being, the charge or control of the vessel.

(21) “mooring” means a place allocated by the Conservator where vessels may be secured;

(22) “navigable river and channels” means waterways which allow the passage of vessel of any       description;

(23) “owner” when used in relation to goods means any consignee, shipper, agent for shipping, clearing or removing such goods or agent for the sale or custody of such goods and when used in relation to any vessel, means proprietor, agent, part owner, charterer, consignee or mortgage-in-possession thereof;

(24) “passenger” includes any person, excepting the master and crew, who is carried on a vessel, and any person entering, remaining in or leaving a port in the course of embarking or disembarking from any vessel;

(25) “pilot” means a person qualified to pilot a vessel and authorised by the Conservator to do so         in a port;

(26) “port” means a port to which the provisions of the ports Act, 1908, have been extended; and       shall include all such port to which the provisions of the said Act, may, hereinafter be extended;

(27) “Government” means the Government of Bangladesh;

(28) “rates” includes any charges, fees, and dues that may be incurred by passengers and goods whether embarking or disembarking from any vessel or whether being loaded or discharge from any vessel or whether remaining in or in transit through a port;

(29) “ship-chandler” means any person or body of persons who or which holds a valid licence issued by the Conservator for the supply of provisions, stores and fresh vegetables or edibles of any description to vessels in port;

(30) “supervisor” means the person appointed by the Conservator to be supervisor of any wharves, jetties, port or premises for the time being under his control;

         Display the same as and when the Conservator may demand with a reasonable notice.

4.      Berth Occupation – No vessel shall use any port facility provided for by the Conservator without his permission.

5.      Pilotage – where the provisions of section 31 of the Act, or any other Act for the time being in force in respect of pilotage, are extended to a port all vessels within the port shall observe such pilotage rules as may be in force.

6.      Liability through pilotage – Notwithstanding anything contained elsewhere in these Rules, the owner or master of a vessel, which is under these Rules required to have a pilot or to be led by a pilot vessel with 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.

7.      Safe navigation – The master of a vessel entering leaving or moving within a port shall proceed at a moderate speed having careful regard to the conditions existing at the time and no vessel shall proceed at a higher speed than is absolutely necessary to keep her under control and shall navigate in such a manner that be does not endanger other vessels and person or cause damage to river banks or property of any kind. The master shall be liable for any damage or injury to properties and persons arising from any contravention of this Rule.

8.      Declaring Vessels – The owner or his agent of any vessel entering a port when voyaging from a port of origin outside Bangladesh shall declare the vessel not less than 24 hours before her arrival in the port. The declaration shall be made in the “from for declaration of a vessel” appended to these Rules.

9.      Vessels in transit – The master of any vessel in transit through Bangladesh waterways in accordance with the provisions contained in the Barcelona Convention and the General Agreement on Trade and Traiffs, will report to the conservator at the first port of arrival in Bangladesh.

10.    Observance of regulations – The master of a vessel entering, leaving or remaining within a port shall observe the provisions of the [Inland Mechanically propelled vessels Act, 1917 (Act 1 of 1917) and the Rules framed thereunder] relating to the protection of inland mechanically propelled vessels from danger by collision in addition to the provision of any port and river notices issued by the Conservator, or the purpose, from time to time.

11.    Departing port – Excepting vessels which have fixed departure timings approved by the conservator and country boats of any description, the master of vessel leaving any berth facility provided for the conservator shall prior to departure of the vessel, report his impending departure to the conservator or to person authorized by him in this behalf, and shall give details of cargo and passengers therein and destination and any other information that may be required by the conservator.

12.    Vessels in regular service – Time-table for passenger services approved under2 [section 54AA (1) of the Inland Mechanically Propelled Vessels Act (1 of 1917) as amended] or under clause (x) of section XV of the Inland Transport Authority Ordinance, 1958 (E.P Ordinance No. LXXV of 1958shall be strictly followed by the masters of all such vessels entering or leaving port.

Section II

REGULATIING TAKING IN OR DISCHARGEING PASSENGERS,
GARGO OR BALLASR

13.    Working propulsion gear- while a vessel is berthed or moored at a jetty or a wharf her propeller or propulsion gear shall not be worked without due care and caution. Any injury to a person or damage to any property caused by violation of this Rule shall be the liability of the master and the owner.

14.    Reporting accidents – The master of any vessel involved in any accident which involves loss of life or injury to person or damage to any jetty or wharf or installation or thing or to his vessel or to any other vessel, shall before leaving the port and immediately after the accident , submit a written report on the accident to the conservator of the port and to the nearest police Station.

15.    Fire prevention – when a fire has broken out in any vessel the masters of all vessels in neighboring berths or moorings shall raise steam, furl their awnings, prepare their force pumps ready for use and prepare to slip their cable and moorings.

16.    Dangerous discharges- The master or owner of every vessel shall take all necessary precautions by placing guards or otherwise to prevent injury to persons or damage to property through the discharge of steam, exhaust gauges oil or water from any part of the vessel.

17.    Danger from hatch covers – when cargo is being loaded into or discharged through any hatchway of a vessel , whether on deck or below, or the longitudinal (fore and aft) and athwart ship beam and hatchway covers of such hatchways are removed for any other purpose the covers shall be secured in such a manner as will effectively prevent them from falling in to the hold or overboard and take such other precautions as are required by any other law for the time being in force.

18.    Embarkation and disembarkation when vessel in motion- The master of any vessel shall prevent any passenger, owner, crew-member, or other persons from attempting to embark on or disembark from any vessel, jetty or wharf while the vessel is in motion or not properly secured.

19.    Embarking or disembarking at any bank or approved place – The master and the owner shall be responsible for ensuring that passengers embark or disembark on or from a vessel to or from the bank pf any inland waterways within the port limits at places approved by the Conservator , The master and the owner shall also be responsible for ensuring that passengers embark or disembark from vessel to vessel or to and from pontoons, jetties or wharve at place approved by the Conservator.

20.    Provision of gangway – The master of any vessel shall provide at least one gangway properly lighted, not less than two feet wide with handrail throughout its length, and of sufficient length and of thickness and strength to from a safe and convenient communication between the vessels and the bank between the vessels and the pontoons, jetties, wharves and such vessel and the bank, between the vessels and the pontoons jetties or wharves, during the time the vessel remains alongside thereof.

21.    Permission to handle passengers, cargo, ballast- No master owner, occupier or any other person shall load discharge or convey passengers, ballast or cargo of any kind at on or to or from any place within the limits of a port other than those authorized by the Conservator.

22.    Vessels to be properly registered – No vessel, which is not registered under the 1(Inland mechanically Propelled Vessels Act 1917 (I of 1917) of the 2(Merchant Shipping Act, 1923 [Act VII of 1923] or under these Rules, shall load passengers or cargo within a port or depart from a port.

23.    Survey certificate and route permit – (a) No vessel shall berth, or load or discharge passengers or cargo or take on or discharge fuel in a port unless it is in possession of a valid survey certificate/licence issued by the Conservator or a competent authority.

(b) No passenger vessel shall berth or embark or disembark passengers in a port unless it is in possession of a valid route permit issued, from time to time by a competent authority.

24.    Fouling berths – The licensee of any wharf or jetty or place used for the berthing of vessels shall be responsible for damage, loss or injury that may be occasioned through the berth becoming foul by reasons of any obstructions due to any of his acts, omissions and commissions.

25.    Excessive Berthing – If in the opinion of the Conservator, the number of vessels at any wharf or jetty or other mooring constitutes an obstruction or danger to navigation the conservator may order the removal and re-mooring of such vessels.

26.    Loading or discharging at unsafe places – The master or owner of any vessel shall not load or discharge or embark or disembark any goods or passengers at any wharf, jetty, stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon, or any structure of permanent nature or place adjoining the navigable waterways, within a port, which may be declared by the Conservator to be unsafe for such purposes.

27.    Carriage of dangerous goods- Owners, masters persons and members of crews shall observe provision of 1[section 50 of the Inland Mechanically Propelled Vessels Act, 1917(Act I of 1917)] relating to the carriage of dangerous goods.

28.    Discarding of dangerous goods – No owner master person or members of crews shall within the limits of a port, throw over-board any dangerous goods.

29.    Supply of fresh water – The Conservator may supply fresh drinking water to vessels at ports on demand at a reasonable cost as may be determined by the Conservator.

30.    Display of approved fares and freight – The owner or master of a vessel shall display an approved rate of passenger fare in default of which the Conservator may refuse the use of any port facilities or detain the vessel in addition to any other penalties specified in 2[section 54 of the Act.]

31.    The Explosive Substances Act 1908- All persons embarking on or disembarking from or being on board any vessel shall be subject to the Explosive Substances Act, 1908 (Act VI of 1908).

32.    Double berthing – Vessels moored at jetties and wharves controlled by the Conservator, shall give such facilities for loading and discharging to and from the out-board-side as the Conservator may consider reasonable and the conservator shall not be responsible for any delay demurrage or damage that may occur by reason of overlapping or double banking vessels to the over side loading or discharging of such vessels. The outboard vessel shall operate with due care and caution.

         For the purpose of this Rule, the passenger-cum-cargo vessel shall be given priority over the cargo vessels.

            This Rule, however, shall not apply when over side discharge or loading is in progress.

33.    Liability – The Conservator shall not be liable in respect of any detention or delay to a vessel entering, remaining in or going out of berths, wharves, quays, stages, moorings, or for detention or delay in the discharge of cargoes or vessels, or in the progress of vessels to and from mooring or for dead freight delay in the loading and unloading of goods or for stoppage in the delivery of goods for any cause.

34.    Right of use of any landing place- The Conservator may direct any licensee of any wharf, jetty, stage, ghat, stairs, gangway, landing place, pier, floating barge or pontoon, or any structure within the limits of a port for which the licensee obtained a licence from the conservator to accept for berthing, loading and or unloading any vessel provided the Conservator is satisfied that no other facility is immediately available for such purpose or for such operation. The licensee shall not make claim against the Conservator or any other party. In case of use of the facilities for a continuous period extending beyond 24 hours the conservator may reimburse up to 25 (Twenty five) per cent only of the berthing charge realized from the vessel. If in the course of such use any damage is caused, the party using such facilities shall be responsible for payment of compensation.

35.    Open hatchways – Vessels when not working cargo during the night shall have any open hatchway protected by stout netting or hatches slipped in place and shall comply with all safety laws and regulations.

36.    Declaring vessels with dangerous goods – Agent shall give written notice of 48 hours before the expected arrival of any vessel having dangerous goods on board or before shipment of nay such goods to the Conservator.

         The notice shall specify the contents of the packages and their number and marks.

37.    Vessels in port with dangerous goods– The master of any vessel arriving at a port and having in board dangerous goods shall :-

declare the same at once in a From “B” appended hereto which may be obtainable from the Conservator;

on arrival in port hoist the appropriate signals for possession of dangerous goods and

make the necessary arrangements for discharging such cargo.

38.    Loading/unloading of dangerous goods – All acts of loading, unloading and carriage goods in a port shall be governed by any law in force for carriage retention and handling of such dangerous goods and done under the direct supervision of the Conservator or any other person authorized by him.

39.    Responsibility for adherence to Rule for dangerous goods – The owner of a vessel and his agent shall be held responsible for due observance of these Rules and shall be held liable for any penalty or damage arising out of contravention thereof.

40.    Entering the port with dangerous goods- No person shall enter or loiter in or travel through a port or embark or disembark on or from a vessel in a port whist in possession of or intending to deliver or tender for carriage, any dangerous goods including fireworks without distinctly marking their nature on the outside of the package containing the goods and without giving prior notice of their nature to the Conservator.

41.    Prohibition of dangerous or hazardous goods – No dangerous or hazardous goods shall be brought into a port except with written permission of the Conservator.

42.    Removal of dangerous or hazardous goods – The Conservator may remove or cause to be removed to any place the conservator may choose, any goods of dangerous or hazardous nature.

43.    Double charge on dangerous or hazardous goods- The Conservator may levy double the rates of charges for discharging, landing, stacking, storing or removing any goods of a hazardous or dangerous nature. The list of such goods shall be published by the conservator.

Section III

DICHARGE OF OIL MIXED WITH WATER

44.    No discharge without permission – No person shall discharge oil mixed with water within the limits of a port without prior written permission from the Conservator.

45.    Disposal of oil or oil mixed with water – Masters or licensees wishing to disposal of oil or oil mixed with water shall make their own transportation arrangements for the removal of such items to a place outside the port limits and in the cases of vessels or property possessed or controlled by the Conservator, may apply to the Conservator for advice or assistance.

46.    Use of receptacles – No portable receptacle containing oil or other inflammable substance shall be brought into or upon any place within the limits of a port without prior permission of the conservator, All such receptacles and their fittings shall be made of suitable materials and be perfectly their expense for disposing of such receptacles from within the limits of the port in such a manner as may be determined by the Conservator.

47.    Direction for movement of tankers – The Conservator may from time to time issue directions governing movement, berthing and handing of oil tankers in a port which shall be strictly observed by all concerned.

Section IV

LIQUID FUEL BUNKERING

48.    Permission to store, receive or discharge liquid fuels-   No person shall construct or cause to be constructed a building to bring or cause to bring within the limits of a port any receptacle of any kind for reception, storage or discharge of liquid fuels of any nature without the port permission of the Conservator; and no person shall permit or cause to permit to or water any pipe-lines or other methods of conveying storing, receiving or discharging liquid fuels of any kind without the written permission of the Conservator.

49.    Place at which liquid fuel may be received or discharged – Master or owners requiring to take on or discharge to or from any vessel liquid fuel bunkers shall do so only at place and in such manner as may be determined by the Conservator.

50.    Pumping liquid- No liquid fuel shall be transferred from any vessel into another vessel, barge, lighter, or reservoir on shore, except by means of pumping through a perfectly oil-tight system of pipes at places to be approved by the Conservator.

Section V
KEEPING FREE PASSAGES WITHIN THE PORT

51.    Nothing to be allowed to fall in water – No person shall lay or place on any wharf or jetty or vessel in an in secured manner any ballast, rubbish, goods, articles, substance or thing which is likely, after falling into water, to be or to become detrimental to navigation or to any vessel on its lawful occupation.

52.    Reporting things falling in the water – The master or owner of any vessel or jetty or wharf from which ballast, rubbish, goods, articles, substance thing may be thrown or may fall into any navigable waterways within a port shall forthwith report full particulars of the occurrence to the Conservator.

53.    Removal of substance from beds of navigable waterways – No person shall remove or cause to be removed gravel sand, earth, or substance from the beds of the navigable waterways of a port, without the prior written permission of the Conservator and without the aid or under the supervision of such person as the Conservator may appoint to take part in or supervise the performance of such work.

54.    Constructions and excavations affecting beds of navigable waterways- (a) No person shall make any construction or excavation of any kind on the bed or foreshore of navigable waterways within a port without a licence from the Conservator.

Any person who wishes to obtain a licence under clause (a) shall apply in a prescribed from and shall pay an application fee of five rupees only.

55.    Licence to construct or excavate – The Conservator may grant a periodical licence applied for under Rule 54 on such terms and conditions as may be specified in the licence and charge and collect a licence fee for such occupation. In assessing such fee and determining the period of such licence, the Conservator shall take into consideration the importance and the nature of construction or excavation the importance of the area, the volume of traffic, the landing and shipping charges for such traffic, the maintenance of the regime of the navigable waterways, and the effect of the construction or excavation therein. Any contravention of the terms and conditions as may be specified in the licence shall render the licence liable to cancellation without any notice and the licence shall be liable to any of the penalties as specified in the Act.

         This Rule shall be deemed to apply to all existing encroachments, constructions or excavations, if any in or on the beds or foreshore of waterways within a port.

56.    Period for leaving goods in port – No person shall or shall cause to stock keep or leave any goods or personal belonging on or upon any part of the premises of a port for a period longer than is reasonably necessary to collect or remove the same.

57.    Obstructions to or from vessel – No person shall or shall cause to obstruct any passage or gangway leading to or from any vessel.

58.    Carrying on any from of activity in the port – any person or body of persons, who wishes to carry out any from of commercial activity within a port shall apply to the Conservator for a licence in a prescribed from obtainable from the office of the Conservator on payment of two rupees. The Conservator may thereafter grant any such licence on payment of licence fee as may be determined by the Conservator. The licence fee shall be pre-determined as fee as practicable for each kind of activity and be published. The Conservator may at his discretion reduse to grant any such licence.

59.    Committing a nuisance – No person shall commit nuisance on or in any part of a port.

60.    Permits for persons on or in the port- (1) Passenger or person entering or passing through any port of a port specified by the Conservator shall obtain a ticket for each entry on payment of an amount fixed by the Conservator, but not exceeding Tk. 0.13

Government and the BIWTA officials on duty, children under 4 years of age owner of vessel and their agents and crew member of vessels and persons holding valid monthly or periodical passes from the Conservator are exempted from obtaining tickets under sub-rule (1).

The Conservator may issue an annual pass on payment of Tk. 5.00 renewable on payment of 2.00 to person who is connected with business activity in a port, other than a person exempted at the discretion of the Conservator.

The loss of a pass may be immediately notified to the Conservator, who may issue a fresh pass on payment of Tk. 5.00 valid for the unexpired period.

61.    Navigation in Port – for purposes of maintaining unhindered and safe navigation within a port.
                  (a) Vessel and crafts of any description shall maintain course as close to the banks as          possible and shall not enter midstream except for the purpose of crossing from one      bank to the other;

(b) no raft shall float up or down the navigable waterways of a port between the sunset        and the sunrise;
(c) The Conservator shall determine the width of a tow within a port in consideration            of the general congestion and safety of navigation in a port and
(d) all forms of net fishing in a port area within the navigable channel are prohibited without prior written permission from the Conservator.

62.    Keeping Conservator, shall be kept free from activities. No person shall encroach on the areas so marked out without prior written permission from the Conservator.

63.    free passage to moorings and entrance- Free passages of approaches by land and water shall be kept to berths, landing place and mooring; and the entrance to a port , the railway or navigable channel, as marked by buoys shall be kept clear. No person shall encroach upon the areas referred to above without prior written permission from the Conservator.free spaces – The Conservator may mark out spaces which, in the opinion of the

Section VI

VESSELS ANCHORING FASTENING, MOORING OR UNMOORING

64.    Additional mooring lines- Every vessel lying at a swinging mooring shall from the 1st March to 31st October, have in addition to her bower chain, the end of a good hawser made fast to the ring of the mooring or to a bollard or bitt. During inclement weather or when any storm signal hoisted, additional mooring lines including bowers anchor chain shall be fastened to such mooring.

65.    Making ready anchors- Every vessel within a port area shall have at least one bower anchor to let go when necessary.

66.    Alteration to mooring – No person shall move or change the mooring of any vessel in any manner that may cause obstruction of any kind.

67.    Vessel to be kept ready to move- Exept at place approved by the Conservator, no mechanically propelled vessel at berth in the stream shall dismantle her engines or otherwise render herself incapable of movement without permission from the Conservator.

68.    Obstruction by anchoring - No person shall be anchored in such a position or in such a manner as in the opinion of the Conservator, will offer obstruction to any navigable waterways within a port.

69.    Moving and warping vessels- (a) The moving and warping of any vessel within a port shall be the responsibility of the master or owner, or both who shall be responsible for and liable to any damage or injury occasioned to any property, vessels or thing or person while so doing. The owner or master shall be responsible for bearing the costs of any remedial action that may have to be undertaken by other party resulting from such damage or injury.

         (b) All vessels within the anchorage shall be moved or warped, from place to place as required and by such means or appliance as may be ordered by the Conservator.

70.    Right to demand tug power- The Conservator may demand and use in times of emergency any vessel for the purpose of towing any other vessel required to be moved by the Conservator. The Charges for such use shall be mutually settled between the owner and the Conservator in accordance with prevailing rates.

71.    Moving by direction of the Conservator – Every vessel shall move to or from any mooring or place when required to do so by the Conservator.

72.    Notification of permissible mooring- The mooring on a port at which vessels may moor or make fast shall be those designated by the Conservator from time to time.

73.    Permission to lay mooring – No person shall lay place or construct any mooring of a permanent or temporary nature within port without the port approval and written permission of the Conservator on such terms and Conditions as may be determined by the Conservator.

74.    Permission for existing mooring – Persons owning any mooring in any port at the time of publication of these Rules shall immediately apply to Conservator for permission which the Conservator may grant on such terms and conditions as may be specified by the Conservator.

75.    Shift of mooring- No person shall shift any mooring to or from any part without prior written permission from the Conservator.

76.    Power to direct vessel to moorings – The Conservator may direct any vessel to mooring or allocate any mooring to any vessel as he may deem fit giving due consideration to the existing circumstances and all such moorings howsoever the vessels may be secured shall be deemed to belong to the Government. The Conservator may demand and collect charges for the use of the mooring at such rates as may be determined by him from time to time. All anchoring in a port shall be controlled and regulated by the Conservator. However, no charge shall be levied and realized for such anchoring.

77.    Alteration to vessels- The master or owner of every vessel which is not required to be surveyed under the 1[Inland Mechanically Propelled Vessels Act (1 of 1917)] on every occasion, if an alteration is made, shall fill in and submit to the Conservator, in duplicate the form “A” appended to these Rules on entry to a port after such alteration.

78.    Hire of hawsers and craft – Rates for hire of hawsers and any craft belonging to a port shall be on the basis of time factor.

There is no section VII

Section VIII

USE OF PIERS, JETTIES, LANDING PLACES, WHARVES, QUAYS, WAREHOUSES, SHEDS AND ANY OTHER FACILITIES CONTROLLED BY THE CONSERVATOR

79.    (1) Charges for landing shipping, berthing and storage- For landing or for shipping any goods or cargo in a port and or use of facilities including jetties/wharves and cargo sheds a port controlled by the Conservator the following charges shall be levied at rates specified against each namely-

Landing, shipping charges-

Description of goods

Basis of levy

Rate of Charges

Tk.

(i) All goods carried to and from any part of the port subject to these Rules

For each landing and shipping per maund or part thereof

0.06

(ii) animals ……….

per head

1.00

(iii) Livestock ………………

Do

1.00

(iv) Birds of any kind ……

(a) per maund on weighment or part thereof

0.50

(b) Per head…….

0.05

(v) Trucks and buses ……..

Each……….

2.00

(vi) Motor car and pick-up

Each………

1.00

(vii) Scooter ……….

Do ………

0.50

(viii) Cycle ……….

Each………

0.10

(ix) All goods on which freight is earned by cubic feet cubic measurement

per cubic feet…..

0.10

N.B. (a) All personal effects of passengers under three maunds of weight excluding (ii), (iii), (iv),            (v), (vi), (vii) and (viii) above shall be exempted from the above charges.

            (b) One scooter one cycle and two birds may be included in the personal effect of each             passenger.

(B) Berthing charges-

Description of Vessels

Basis of levy

Rate of Charges

Tk.

(i) Country boat carrying capacity exceeding up to 50 maunds of cargo

Per berthing duration to be determined by the Conservator but not exceeding a day

0.20

(ii) Country boat carrying capacity exceeding 50 maunds and up to 200 maunds of cargo

Ditto ……..

0.30

(iii) Country boat carrying capacity exceeding 200 maunds and up to 1000 maunds of cargo

Ditto ……..

1.00

(iv) Country boat carrying capacity exceeding 500 maunds and up to 1000 maunds of cargo

Ditto ……..

1.50

(v) Country boat carrying capacity exceeding 1000 maunds of cargo

Ditto ……..

2.00

Motor vessels and Launches –

(vi) For every multiple of 50 passengers carrying capacity or part thereof.

Per berthing which should not exceed two embarkation and two disembarkation in a day

1.25

Vessels other than country boats, M, V and launches having-

(vii) Carrying capacity up to 500 passenger or up to 38 tons of cargo

Per berthing duration to be determined by the Conservator but not exceeding a dat

8.00

Vessels other than country boats M, V and launches having-

(viii) Carrying capacity over 500 and up to 800 passengers or over 38 tons and up to 64 tons of cargo

Per berthing duration to be determined by the Conservator but not exceeding a day

12.00

(ix) Carrying capacity over 800 passenger or over 64 tons and up to 100 tons of cargo

Ditto ……..

16.00

(x) Carrying capacity over 100 tons and up to 250 tons of cargo

Ditto ……..

20.00

(xi) Carrying capacity over 250 tons and up to 500 tons of cargo

Ditto ……..

24.00

(xii) Carrying capacity over 500 tons of cargo

Ditto ……..

30.00

(c) Charges for the use of covered and uncovered spaces for storage purposes -

Description of Vessels

Basis of levy

Rate of Charges
Tk.

(i) Goods in covered storage

Per sft. or thereof per day or part thereof

0.13

(ii) Goods in uncovered storage

Ditto ……..

0.02

         Provided that no charge shall be levied for keeping goods in uncovered storage for two days from the date of landing.

         (2) For landing or for shipping any goods or cargo in a port at any landing place, jetty, wharf, or any other facility operated under a licence from the Conservator, the landing or shipping charges shall be levied at rates not exceeding the rates specified in Rule 79(1) (A).

80.    Licence for supply of port labour- For regulating the proper and efficient use of port facilities the Conservator shall issue licence which shall authorize stevedores and handling contractors and their servants approved by the Conservator to enter on premises controlled or regulated by the Conservator and engage in their lawful business of stevedoring and handling of goods and equipment on behalf of any employer or user of labour. Unless in possession of a valid licence no stevedore or handling contractor, or labour shall enter on or into a port. The fee for such a licence shall be determined by the Conservator, and the Conservator may revoke such licence at any time on breach of any of the terms and conditions that may be specified therein by him.

81.    Superintendence of port labour- Masters of vessels stevedores, handling contractors and shippers, consigness or their agents shall be responsible for and shall superintend the working of goods to or from any jetty or wharf.

82.    Liability in employing of labour- The Conservator shall not be liable for any claim and liabilities arising out of any injury to any employee of a licensee under the workmen’s Compensation Act 1923.

83.    Liability in handling – The Conservator shall not be responsible for any damage or loss sustained by any goods which are in process of handling by the carriers, stevedores and handling contractors.

84.    Weighing and measuring goods – The Conservator shall be responsible for employing such persons and equipment as may be necessary to weigh or measure goods that may be subject to payment of any charge authorized by or under the Act, and such weights and measures declared by or Conservator shall be lawful.

85.    Right to control vehicles- The Conservator may regulate and control all movements and parkings of all vehicular traffic within the port.

86.    Stacking cargo- The carrier, stevedores, handling contractors and consignees are required to handle and stack cargo within a port in such manner as may be directed by the Conservator.

87.    Office hours- The port office of the Conservator shall remain open round the clock.

88.    Customs clearance- The Conservator shall not permit loading/unloading and transshipment of goods without production of a clearance certificate from the Customs authorities, wherever applicable.

89.    Consignor or consignee to clear cargo- No goods shall be discharged and handled unless the consignees or their agents have made adequate arrangement for clearing the cargo from the jetty or wharf. The shoppers or consignees or their agent shall be responsible for all charging, landing, handling, storing and clearing from a port area. The Conservator may at his discretion, refuse movement of any cargo in a port area.

90.    Un-cleared goods- Any goods stacked on any jetty or wharf shall be cleared by the owner of the goods, such goods remaining on the jetty or wharf shall be at the entire risk and expense of the owner.

91.    Failure to move goods within maximum period- Goods landed or stacked on any jetty or wharf shall be removed by the owner within a period of 4 hours after landing except where otherwise permitted by the Conservator, failing which the Conservator may at the owners risk and expense move the goods to such other place as the Conservator may deem fit to be expedient and the owner shall bear all costs of removal and storage, and the owner shall have no claim whatsoever against the Conservator for any loss or damage caused in the course of such operation.

92.    Goods stored in warehouse – Goods landed or stored in a warehouse controlled or possessed by the Conservator shall so remain at the entire risk and expense of the owner who shall remove the goods within 7 days of landing calculating the period from midnight of the day of landing. On failure to remove the goods within 7 days the Conservator may remove at the owner’s risk and expense, such goods to any other place that the Conservator may deem fit to choose, the owner shall have no claim whatsoever against the Conservator for any loss or damage caused in the course of such operation.

93.    Right of Conservator to move goods stored in warehouse- All goods stored in any shed or warehouse possessed by the Conservator shall be removed within 7 days from the date of storing and in default, the owner shall be charged at double the prescribed rates for the first 3 days after which the rates shall be increased at the rate of 50 per cent of the cumulated rate for each successive day. If the goods remain un-cleared for a period of 30 days from the date of storage the Conservator is authorized to sell the goods by public auction and recover all dues fees, other charges and expenses payable under the Act, and dispose of the balance if any in the manner prescribed by the Act.

94.    Handling livestock- No livestock shall be embarked or disembarked or brought into premises possessed or controlled by the Conservator without the permission of the Conservator.

95.    Unauthorised person in vehicles- No Unauthorised person shall get into or upon any vehicle possessed or controlled by the Conservator within the limits of a port.

96.    Payment of all charge- All charge fees and dues payable under the Act and these Rules shall be paid at the port Accounts Office or at such convenient places as may be determined by the Conservator within the port area in such a manner as the Conservator may specify from time to time.

         Major operators may furnish standing indemnity bonds for amounts to be fixed by the Conservator, which shall be fair and reasonable, against which the dues and charges shall be adjusted.

97.    Charges based on weighing and measuring – Where no basis for levying charges on cargo is available charge may be reckoned and recovered on weighing or measuring at the discretion of the Conservator. The cost of such weighing or maceration shall be borne by the owner or master, or by both .

98.    Charges on faction of unit measurement – Rates on all chargeable goods shall include weight or measurement of the packing and fractions of maund weight or foot measurement shall be regarded as full maund or foot respectively.

99.    Owner to protect goods from weather- The protection from weather of all goods stacked on jetty or wharf or in or on open space shall be the sole responsibility of the owner of the goods. The Conservator may let on hire to owners of cargo such protective items as the Conservator may possess at such rates as may be determined and published from time to time by the Conservator.

100. Hire of mobile crane- Mobile crane possessed by the Conservator shall, when made available, be charged at the rate per crane of Tk. 15.00 per hour or Tk. 100.00 per 8 hour shift, inclusive of operating cost.

101. Hire of cargo carts- Hand carts possessed by the Conservator shall when available be charged at the rate per cart of Tk. 5.00 per hour or Tk. 35.00 Per 8 hour shift.

102. Charges of over side handling- A landing or shipping charge equal to half the landing or shipping charge as specified in rule 79(1) A will be recovered for goods discharged or shipped on the moorings over side   and delivered directly to the consignees.

103. Scaled charges for vessels with un-worked cargo- Vessels carrying cargo for discharge or waiting for cargo to be loaded and lying at mooring, jetties or wharves owned or controlled by the Conservator, notwithstanding any existing statutory regulations heretofore enacted or notified shall be charged at the rates as specified in rule 79(1) (B) for berthing charge for a period of not more than two days. Thereafter, if discharge/loading is not done, at rate notified by the Conservator from time to time charges for lying at moorings jetties or wharves will be raised by 50 per cent for every day or part thereof that the vessels remain without working cargo. The Conservator may at his discretion, exempt payment of charges at enhanced rates in consideration of abnormal conditions affecting normal handling of goods.

104. Goods exempt from charge- Where labour for the purpose of discharge/loading is not employed by the Conservator the following goods may be landed or shipped without charge, namely-

baggage and personal effects;

ships fittings and stores not meant for commercial use;

fodder for livestock on board vessels;

stevedore gear; and

ashes and rubbish from vessels.

105. Licences for ship-chandlers- ship chandlers engaged in supplying provisions and other items to vessels within a port shall obtain a licence from the Conservator on payment of such fees as may be determined by him. The Conservator may revoke a licence, at any time without any notice, for breach of any of the terms and conditions as may be specified by him therein.

106. Licence for cleaning contractors- No contractor without a licence from the Conservator shall enter in or upon a port for the purpose of carrying out any work of any kind connected with or consisting of shipping, scraping, cleaning or painting any part of any vessel in a port. The terms and conditions under which a licence may be granted by the conservator shall be specified therein by him. Agents/owners of vessels are allowed to undertake normal maintenance work of their vessels expect major chipping scraping in a port.

107. Licence for supplying bunkers- No person shall engage, without a licence from the Conservator in any activity connected with the supply of liquid or solid fuel bunkers to vessels within a port. The terms and conditions of the licence shall be determined by the Conservator and the Conservator may for breach of any of the terms and conditions revoke such licence at nay time.

Section IX

LICENSING AND REGULATING VESSEL PLYING FOR HIRE

EXCLUSIVELY WITHIN THE PORT

108. Licence to ply- (1) An owner or a ,aster of a vessel intending to ply within a port shall apply to the Conservator for a licence to ply a vessel within the port.

         (2) A licence granted under sub-rule (1) shall not be required to be renewed every year.

109. Places to be used when plying for hire- Vessels plying for hire, reward or pleasure shall use only those wharves or jetties or other places used for loading, discharging, embarkation or disembarkation as may be specified by the Conservator.

110. Revoking licence - (1) any licence issued under the Rule 108 may be revoked by the Conservator, if in his opinion such revocation is warranted in the public interest.

         (2) An appeal shall lie to the Government against the order of revocation of the licence by the Conservator under sub-rule (1)

111. Fees for issuance of licence – The Conservator mayregister and issue licence to vessel and or manjhinot required to be registered, surveyed and licensed under any other law for the time being in force on payment of fees prescribed hereinafter.

Section X

LICENCE FOR VESSELS NOT COVERED BY SURVEY AND

REGISTRATION CERTIFICATE

112. Maximum number of crews and passengers- Applicants for licences under these Rules shall place their vessels for inspection by the Conservator and the Conservator may approve the type and maximum quantity of cargo and/number of passengers or crew to be carried by such vessels, which details shall be entered in the licenses issued by the Conservator.

113. Refusal to ply for hire – No vessel including ferries registered and licence under Rules of this section shall without lawful excuse refuse to ply for hire whenever so required.

114. Timing to be enforced- Movement timing approved by competent Authority shall be strictly followed by all vessels including ferries.

115. Applying for registration and licensing- Application for license under Rule 108 and registration under Rule 111, of a vessel shall be made, in writing to the Conservator, and shall contain particulars of the owners name and residence and description of the boat, and the number of passengers which it is intended to carry.

116. License to be in charge of passenger boats- Every person requiring a license to have charge of a passenger boat shall apply for the same to the Conservator, in writing, for plying within a port.

117. Validity of license- Every license granted under these Rules shall continue unless revoked or cancelled under the provisions of these Rules.

118. Tonnage loading- In the loading of a cargo vessel of any description the tons weight must not exceed the tonnage figure given on the license certificate.

119. Marking boats – The number of every licensed and registered Sampan, ballam boat or craft of similar construction shall have to be painted on each quarter thereof in letters not less than four inches in length. On Sampans, these numbers shall agree with the number branded on the mast thwart.

120. Rates for passenger boat license- The following fees shall be payable for the issue of passenger boat licenses granted under these Rules.

                                                                Schedule of Charges:

Items

Rate of Charges

Tk.

1. Registration and Licensing…………………

2.00 per boat

2. Boat plate showing number of license, crew, passengers     capacity (cargo) in Bengali

0.37 per plate

3. License and metal ticket for persons in charge of boats

0.25 each

4. Endorsement of change of ownership on license

0.75 per boat

5. Issue of duplicate license to boats or ticket to manjhees in lieu of those defaced or lost

1.00 per plate

121. Number of passengers to be carried – The owner or   the person   in-charge of any licensed passenger boat shall not permit a number of persons, in excess of that for which such boat has been licensed, to be carried therein at one time and shall not permit such boat to ply for hire unless provided with the number of crew stated in the license.

122. Cleanliness – All licensed boats shall be kept thoroughly clean.

123. Computing the number of persons to be carried- In the computation of the number of persons, excluding the crew carried on any passenger boat, two children below the age of 12 years shall be counted as one person and every two maunds weight of personal effect shall be counted as equivalent to one person.

124. Obstruction by passenger boats- No passenger boat shall obstruct free navigation in a port or the approaches to any mooring or landing place.

125. Reporting accidents- Whenever any accident occurs to a registered passenger boat, the person in-charge or the owner, shall at once proceed to the nearest Police Station and report the circumstances connected with the accident to the Officer-in-Charge of the Police Station. A report shall also be made to the Conservator.

126. Unclaimed property – When any property belonging to passengers or crew is left in a passenger boat unclaimed, the property so left shall at once be sent by the manjhi to the nearest Police Station.
127. Production of licenses- Every licensed passenger boat when plying for hire, shall carry its license on board and the license shall be produced on demand.

128. Display of license ticket- Every person registered under these Rules shall be provided with a metal license ticket upon which shall be legibly painted the number of his license and every such person, when in-charge of a licensed vessel, shall carry the ticket with him. No person without such ticket shall be in-charge of any passenger boat.

129. Display of permissible loads- Every boat licensed to carry passengers shall be provided with and exhibit a passenger boat plate on which shall be shown in Bengali the registered number of the boat, the license number and the number of passengers and crew entitled to be carried.

130. Renewal of license ticket- Whenever the number on any license ticket becomes obliterated or defaced or ceases to be distinctly legible and whenever any license ticket has been lost or misled an application shall be made to the Conservator for a renewal thereof and the Conservator shall supply a duplicate license ticket.

131. Return of license tickets- On the expiration or earlier termination of any license the tickets shall be returned to the Conservator.

132 . Tickets not transferable - No license ticket shall be lent or transferred for use to any person by the holder and no such ticket shall be used by any unlicensed person.

133. Spurious tickets- No person in-charge of any registered passenger boat plying within the limits of the port shall use, or keep, or have any ticket, resembling, or intended to resemble, the metal ticket granted under these Rules.

134. Charges for passengers and goods between vessels and shore- The scale of charge for the hire of licensed boats plying between various points within the port limits shall be prescribed and published by the Conservator from time to time.

135. Cargo vessel not to carry passenger- A cargo vessel shall not without a separate passenger-vessel-license, carry any person other than the crew, and necessary guards in-charge of the cargo.

136. Applications for registration and licensing- Every application for licensing and registration of a vessel of any description shall be made to the Conservator in writing, and shall contain particulars of the owner’s name and residence and the tonnage of the vessel.

137. Survey before licensing and issue of licenses- (a) No license shall be granted to any cargo vessel, until such vessel has been inspected and the Conservator is satisfied that it is safe for navigation unless the same vessel is in possession of a valid certificate from a competent authority;

         Provided that every cargo license granted under these Rules shall continue in force unless it is revoked under the provisions of these Rules, such license shall not be transferable and if the ownership of the vessel is changed notice of the transfer shall be given to the Conservator before such vessel again plies in the port.

         (b) The following fees shall be payable in respect of any cargo license granted under these             Rules to cargo vessel of any description, namely :-



(i) for registering licensing and branding

Tk.0.37
per ton capacity

(ii) for the license of the manjhee or the person in-charge

Tk 0.37

(iii) for endorsement of charge of ownership on the register and license

Tk 0.75

(iv) for the issue of a duplicate license to a vessel in lieu of a license that has been defaced or lost

Tk. 1.00

(v) for the issue of a duplicate license to the manjhi or the person in-charge of cargo boat or flat in lieu of license that has been defaced or lost.

Tk.0.37

(vi) for a temporary license to register a cargo vessel for plying within limits of a port.

Tk. 0.05
per ton capacity for 30 days.

138. Making of registration and tonnage- The registered   number of a vessel shall be   branded or cut and painted in conspicuous white figures on both bows of the vessel, the figures not be less than four inches in length. The tonnage shall also be cut or branded on the stern of the vessel.

139. Production of license- The license shall be produced whenever demanded and shall remain in the custody of the majhi of the vessel or the servant or other licensed person in-charge of the vessel for the time being.

140. Crews for laid up vessels- When vessels are laid up, there shall be in-charge of them a sufficient crew to tend the lamps and ground tackle. The Conservator shall decide in all cases what is a sufficient, crew.

141. Cancellation of vessel’s license- The license of a vessel plying contrary to the conditions of the license shall be liable to cancellation.

142. Withdrawal of license- If any vessel becomes unsafe during the terms of its license, the Conservator may withdraw the license until it is properly repaired.

Section XI

RULES FOR THE MEASUREMENT OF TONNAGE OF VESSELS.

143.     Tonnage measurements for vessel- The following formulas are to be used in the       computation of tonnage namely :

                                                                  Tonnage =
Where-

L- The length in feet from the inside of stern to inside of stern post at the height of gunwale amidships;

B- The breadth in feet from side to side inside the seaming plank under the deck beam         amidships;

D- The depth in feet from underside of deck beam amidships to upper side or floor ceiling plank;

      C- The following factors-

0.64 for cargo boats and kisties;
0.77 for Ballam Boats;
0.9 for cargo flats;

144. Computing number of passengers- In the case of a vessel carrying passengers, the number of passengers that may be carried shall be equal to 6 sft. at day and 9 sft. at night for each passenger.

                                                                    Section XII
                                                     REGULATING FIRES AND LIGHTS
145. All rules and regulation, for use of light and fire and prevention of fire on board vessel on waterways and port, for the time being in force, shall be strictly observed by masters of all vessels in ports.


            Section XIII
PENALTIES AND LIABILITIES


146. Liabilities- For the purpose of these Rules, the master of a vessel shall be considered as the owner's agent and any liability arising out of his action shall be the owner's responsibility.

147. Liability for damages - Causing any damages willfully or through negligence whatsoever, to any wharves, jetties or property of any kind within a port and controlled by the Conservator shall be an offence against the Act and persons responsible therefore shall be dealt with in the manner as prescribed by the Act.

148. Section 21 of the penal Code- The Conservator and its officers and servants shall, when acting or purporting to act in pursuance of any of the provisions of these Rules and the Act, be deemed to be public servants within the meaning of Section 21 of the Bangladesh penal Code 1860(Act No. XLV of 1860).

149. Indemnity against legal proceeding – No suit, prosecution or other legal proceedings shall lie against the Conservator or officers and servant of the Conservator in respect of anything done or intended to be done, in good faith, under these Rules and the Act.

APPENDIS I

FORMA

Form of Annual Declaration

To

The Conservator,
I…………………………………………………………………   ………….. Master/ owner of vessel (name)…………………………………………………………………..
painted No ……………………………………………………… of (place)……………..
…………Tons ………………………do hereby declare that no/the following additions or alterations have been made in the structure of this vessel since she was last measured. They affect/do not affect the tonnage of the vessel.

……………………. 19…………………….
                                                                                                             Master/owner.
No…………………… of 19…………………..

Declaration accepted and returned to the Master/owner for production within the period of one year at the office of the Conservator each time payment of port dues and berthing charge is to be made by him.

                                                                                                  Conservator
                                                                          Bangladesh Inland Water Transport Authority

APPENDIX I

FORM B
To

The Conservator

Declaration required to be made by the Master of Vessel entering the Port.

1.         I hereby declare that I have explosives on board the particulars of where the cargo is stowed, description, marks and quantities of which are given below.

2.         I hereby declare that I have petroleum on board particulars of where the cargo is stowed the description and quantity of which are given below.

3.         I hereby declare that I have carbide of calcium on board particulars of where the cargo is stowed, the marks and quantities of which are given below.

            Note- Declaration not required should be struck out

                                                                                                Master

date ……………….
Name of Vessel………………….
Type of Vessel……………………



APPENDIX III

FORM FOR DECLARATION OF A VESSEL
To

The Conservator,
I/We have to declare SS/MV……………………………………………………….of
which I/We am/are the Agents/Master/Owner and shall pay all due charges on demand or presentation of bills by the Conservator, BIWTA, will abide by all the Rules and Regulations of the BIWTA, Ports, and will carry out all legal instructions issued by the Conservator.

            The vessel is expected to arrive at the port of   …….on ………….19………………
Her net tonnage is ………………… and she has on board……………….. tons of…….. cargo. Her deepest draft is……………………………feet and a list of all heavy lifts over 2 tons is attached herewith.

                                                                                               Yours faithfully

                                                                                            Agent/Master/Owner.

(Published in the Dacca Gazette, Part-1, dated the 7-1-60)
Government of East Pakistan
Home (Transport) Department

NOTIFICATION

No. 9886-HT-29th December 1959-In Exercise of the Powers conferred by Section 25 of the East Pakistan Inland Water Transport Authority Ordinance, 1958 (Ordinance No. LXXV of 1958) and in supression of the Notification No. 882-HT, dated the 1st February, 1959, the Governor is pleased to make the following rules, namely :

CHAPTER - I - Definitions

1.      Short title and commencement

         (a)        These rules may be called the "East Pakistan Inland Water Transport Authority Rules, 1959."
         (b)        They shall come into force at once.

2.      Definitions- In these rules, unless there is anything repugnant in the subject or context,-
         (a)        "Authority" means the East Pakistan Inland Water Transport Authority constituted under Section 3 (1) of the Ordinance;
         (b)        "Chairman" means the Chairman appointed under section 4(1) of the Ordinance;
         (c)        "Committee" means the Advisory Committee constituted under section 8 (1) of the ordinance;
         (d)        "Government" means the Government of East Pakistan;
         (e)        "Inland Water" means any canal, river, lake or any other navigable water in East Pakistan;
         (f)         "Mechanically propelled vessel" means every description of vessel ordinarily plying on inland waters and propelled wholly or in part by steam, electricity or other mechanical power and includes for purposes only of registration a sailing boat, dumb barge or any other craft not mechanically propelled. When towed or pushed by a mechanically propelled vessel;
         (g)        "Ordinance" means the East Pakistan Inland Water Transport Authority Ordinance, 1958 (Ordinance No. LXXV of 1958); and
         (h)        "Rules" means rules made under the Ordinance.

CHAPTER - II - MEETINGS
3.      (1)        The Chairman shall preside at every meeting of the Authority. In the absence of the Chairman any member authorised by him shall act for him.
         (2)        The Authority shall meet once a month at the office of the Chairman or at any other place the Chairman may determine but may meet of tener if the exigencies of business so demand.
         (3)        Such meetings shall be convened by the Secretary of the Authority, or any officer of the Authority authorised by the Chairman. Notice of such meetings shall specify the place, date and hour of the meetings and shall be issued at least three days before the date of the meeting.
         (4)        Emergent meetings may be called at the discretion of the Chairman.
         (5)        Decisions shall be taken by the Authority by a majority of votes of the members present, including the chairman.

CHAPTER - III - CHAIRMAN AND MEMBER
4.      (1)        The chairman, if wholetime and each wholetime member of the Authority shall be governed by service rules as applicable to officers of the Civil Service of Pakistan and receive salary and allowances as prescribed below :
                     (a)        Pay and allowances as may be determined by Govt., (Usual contributions will be made towards pension and leave salary in the case of a pensionable Government servant on deputation as may be required under the rules of the Central or the Provincial Government, on the subject, as the case may be).
                     (b)        Usual contribution towards the Contributory provident Fund of the Authority; if any.
                     (c)        The leave, pension and provident fund rules as provided for in the East Bengal service Rules will applly to the Chairman and the Members of the Authority:
                     (d)        Unfurnished suitable accommodation on payment of a rent equal to 10 parcent, of salary.
                     (e)        Transfer travelling allowance for self and family for joining his post.
         (2)        In the case of Government deputationists their own Service Rules would apply. Other service conditions would be determiced by Government.
         (3)        In the case of part time Chairman and Member of the Authority. their pay, allowances, honoraria and other concessions and facilities will be determined by Government in each case.

CHAPTER IV -STAFF

5.      (1)        The Authority shall determine:
                     (a)        the number, designation and grade of officers and servants whom they consider necessary to employ for the purpose of the Ordinance;
                     (b)        the scale of salary, allowances, honoraria, contributions and other remunerations to be paid to each such officer and service.
                     (c)        the amount of leave to be granted to them; and
                     (d)        other conditions of the service.
         (2)        The Chairman shall have power subject to such delegation as may be made by the Authority;

                     (a)        to appoint, promote and transfer the officers and servants of the Authority; and
                     (b)        to suspend, discharge, remove, demote or dismiss such officers and servants and take other disciplinary action.
         (3)        An appeal against any order of the Chairman shall lie with the Authority whose decision shall be final, provided where punishment is imposed by the Authority itself an appeal shall lie with the Government whose decision shall be binding on the Authority.

         CHAPTER V-ADVISORY COMMITTEE.

6.      (1)        The advisory committee shall meet at the office of the Chairman or at any other place the Chairman may determine. Notice of such meetings shall specify the place, date and hour of the meeting and shall be issued at least fifteen days before the date of the meeting.
         (2)        The Chairman may authorise any member to act as Chairman of the Advisory Committee during his absence.
         (3)        At least five members of the Advisory Committee shall form quorum of the meeting.
         (4)        The Chairman of the Committee may adjourn the meeting of the Advisory Committee to any subsequent date, time and place for want of a quorum, If, at the adjourned meeting, the quorum is not again fulfilled, it shall be lawful to dispose of the business of the meeting irrespective of the number of members present.
         (5)        Special meetings may be called at the discretion of the Chairman.

         (6)        The functions of the Committee shall be advisory and the recommendation of the Committee shall not be binding on the Authority, but will receive due consideration.
         (7)        Matters relating to the general administration of the Authority shall not be discussed by the Committee.

         (8)        The official members may draw their travelling allowance and daily allowances according to their grades from the fund of the Authority for the committee meetings attended. The travelling allowances and daily allowances for the non-official members will be limited to the minimum amount admissible to a 1st grade officer, Non-official members will be limited to the minimum amount admissible to a 1st grade officer, Non-official members who in their normal course of business travel in first class would be entitled to first class travelling allowance. Other non-official members should be given second class travelling allowance.

         CHAPTER VI - TOLLS, TAXES AND FEES.

7.      The Conservancy & Pilotage of functions. For works relating to the river conservancy, including river training for navigational purposes, provision of aids to navigation, dissemination of navigational and meteorological information maintenance of pilotage and hydrographical survey services, conservancy tolls and pilotage fees shall be charged.

8.      (1)        For all mechanically propelled vessels as defined in section 2 (1) of the Inland Mechnically Propelled Vessels Act, 1917 (1 of 1917), including all mechanically propelled vessels as defined therein for purposes only of registration, other than vessels carrying passengers only, there shall be tolls for conservancey as specificed in the Schedule to these rules.
         (2)        Every such cargo carrying vessel shall be charged according to the tonnage of the chargo it carries, subject to a minimum of 100 tons of cargo.
                     Provided that, if the carrying capacity of the vessel in question is less than 100 tons, the cargo shall be levied on the carrying capacity of the vessel calculated at 65 cubic feet per ton.

         (3)        Every mechanically propelled vessel as defined in the Inland Mechanically Propelled Vessel Act, 1917 (Act I, of 1917) for which pilotabe services are provided by the Authority, shall pay pilotage fees at the rate of Rs. 18 per beat.

         (4)        For the purposes of pilotage, the physical limits of a beat for which pilotage fees are levied shall be determined by the Authority.

         CHAPTER VII - FUND AND ACCOUNTS.

9.      The Authority fund as defined in the Ordinance shall be utilised by the Authority to meet charges for the performance of the functions under the Ordinance including the payment of salaries and other remunerations to the Chairman, Members of the Authority, Members of the Advisory Committee and the officers and servants of the Authority.

10.    The accounts of the Authority shall be maintained on commercial lines. Separate books will be maintained for various heads of account under the revenue receipt and development budget of the Authority. For petty and contingent expenses, a simple cash book shall be maintained. Within a month of the closing of the financial year a balance sheet and income and expenditure account of the authority for the last financial year shall be prepared and after it has been passed by the authority submitted to Government for approval.

         THE SCHE DULE (SEE RULE 8 (1)
         For a journey not exceeding 25 miles ........... Nil
         For a journey of 25 miles and not more than 100 miles ...... anns 2 per ton.
         More than 100 miles and not more than 200 miles ........ annas 4 per mile
         More than 200 miles and not more than 300 miles ........ annas 6 per mile
         More than 300 miles and not more than 400 miles ........ annas 8 per mile
         More than 400 miles and not more than 500 miles ........ annas 10 per mile
         More than 500 miles and not more than 600 miles ........ annas 12 per mile
         More than 600 miles and not more than 700 miles ........ annas 14 per mile

                                                                                             By order of the Governor,

                                                                                             K. W. Jacob, Lt. Col,
                                                                                             Joint Secretary.

Zones :	Butted and bounded by :
1. Sirajganj Zone	It includes the waterways within the distrects of Rajshahi Division including the navigable channels of rivers Padma and Jamuna (Brahmaputra); the waterways within Kushtia distrct; and the waterways within Goalundo subdivision of Faridpur distrect.
2. Khulna Zone	It includes the waterways within the distrects of Khulna and Jessore; the waterways within Faridpur Sadar subdivision excluding char Bhadrasan and Sadarpur police station, the waterways within Gopalganj subdivision; and the waterways within Rajair police station of Madaripur subdivision of Faridpur distrect.
3. Barisal Zone	It includes the waterways within the distrects of Bakerganj and the distrect of Patuakhali; and the waterways within Madaripur and Kalkini police stations of Madaripur subdivision in Faridpur distrect.
4. Rangamati Zone	It includes the waterways within the distrects of Chittagong, Chittagong Hill Tracts and Noakhali including the inland waterways in the adiacent coastal areas and offshore islands.
5. Sylhet Zone	It includes the waterways within the distrects of sylhet; the waterways within Mohanganj, Khaliarjuri, Itna, Astagram, Bajitpur, Kuliarchar and Bhairab Bazar police stations of Mymensingh distrect; and the waterways within Nasirnagar, Sarail and Brahmanbaria police stations of Comilla distrect.
6. Dhaka- Narayanganj Zone	It includes the waterways within the distrect of Dhaka including the navigable channels of the Padma; the waterways within the distrect of comilla excluding Nasirnagar, Sarail and Brahmanbaria police stations; the waterways within Jamalpur, Tangail and Mymensing Sadar subdivision excluding the navigable channels of river Jamuna (Brahmaputra); the waterways within Netrakona subdivision excluding Mohanganj and Khaliajuri police stations; the waterways within Kishoreganj subdivision excluding Itna,Astagram, Bajitpur, Kuliarchar and Bhairab Bazar police stations of Mymensingh distrect; and the waterways within Char Bhadrashan, Sadarpur, Sibchar, Janjira, Naria, Palong, Bhedarganj and Gosairhat police stations of Faridpur distrect.

SL No.	Description of Member	Designation
1.	Chairman, BIWTA	Chairman (Ex-Officio)
2.	Member, Finance, BIWTA	Member (Ex-Officio)
3.	Secretary, BIWTA	Member - Secretary(Ex-Officio)

Description of goods	Basis of levy	Rate of Charges Tk.
(i) All goods carried to and from any part of the port subject to these Rules	For each landing, and shipping per maund or part thereof	0.06
(ii) Animals ……….	Per head	1.00
(iii) Livestock ………………	Do	1.00
(iv) Birds of any kind ……	(a) Per maund on weighment or part thereof	0.50
	(b) Per head…….	0.05
(v) Trucks and buses ……..	Each……….	2.00
(vi) Motor car and pick-up	Each………	1.00
(vii) Scooter ……….	Do ………	0.50
(viii) Cycle ……….	Each………	0.10
(ix) All goods on which freight is earned by cubic feet by cubic measurement	per cubic feet…..	0.10

DescriptCion of Vessels ountry boats -	Basis of levy	Rate of Charges Tk.
(i) Country boat carrying capacity up to 50 maunds of cargo	Per berthing duration to be determined by the Conservator but not exceeding a day.	0.20
(ii) Country boat carrying capacity exceeding 50 maunds and up to 200 maunds of cargo	Ditto ……..	0.30
(iii) Country boat carrying capacity exceeding 200 maunds and up to 500 maunds of cargo.	Ditto ……..	1.00
(iv) Country boat carrying capacity exceeding 500 maunds and up to 1,000 maunds of cargo	Ditto ……..	1.50
(v) Country boat carrying capacity exceeding 1,000 maunds of cargo	Ditto ……..	2.00
Motor vessels and launches –
(vi) For every multiple of 50 passengers carrying capacity or part thereof.	Per berthing which should not exceed two embarkation and two disembarkation in a day	1.25
Vessels other than country boats, M, V and launches having-
(vii) Carrying capacity up to 500 passenger or up to 38 tons of cargo	Per berthing duration to be determined by the Conservator but not exceeding a dat	8.00
Vessels other than country boats, M. V. and launches having- Description of vessels Basis of levy Rate of charges TK.
(viii) Carrying capacity over 500 and up to 800 passengers or over 38 tons and up to 64 tons of cargo.	Per berthing duration to be determined by the Conservator but not exceeding a day.	12.00
(ix) Carrying capacity over 800 passenger or over 64 tons and up to 100 tons of cargo	Ditto ……..	16.00
(x) Carrying capacity over 100 tons and up to 250 tons of cargo,	Ditto ……..	20.00
(xi) Carrying capacity over 250 tons and up to 500 tons of cargo	Ditto ……..	24.00
(xii) Carrying capacity over 500 tons of cargo	Ditto ……..	30.00

Description of vessels	Basis of levy	Rate of Charges Tk.
(i) Goods in covered storage	Per sft. or thereof per day or part thereof	0.13
(ii) Goods in uncovered storage	Ditto ……..	0.02

Items	Rate of Charges Tk.
1. Registration and Licensing…………………	2.00 per boat
2. Boat plate showing number of licence crew passengers capacity (cargo) in Beangali	0.37 per plate
3. Licence and matal ticket for persons in charge of boat	0.25 each
4. Endorsement of charge of ownership on licence	0.75 per boat
5. Issue of duplicate licence to boats or ticket to manjhees in lieu of those defaced or lost	1.00 per plate

Items	Rate of Charges
(i) for registering licensing and branding	Tk.0.37 per ton capacity
(ii) for the licence of the manjhee or the person in-charge	Tk.0.75
(iii) for endorsement of charge of ownership on the register and licence	Tk. 1.00

Description of goods	Basis of levy	Rate of Charges Tk.
(i) All goods carried to and from any part of the port subject to these Rules	For each landing and shipping per maund or part thereof	0.06
(ii) animals ……….	per head	1.00
(iii) Livestock ………………	Do	1.00
(iv) Birds of any kind ……	(a) per maund on weighment or part thereof	0.50
	(b) Per head…….	0.05
(v) Trucks and buses ……..	Each……….	2.00
(vi) Motor car and pick-up	Each………	1.00
(vii) Scooter ……….	Do ………	0.50
(viii) Cycle ……….	Each………	0.10
(ix) All goods on which freight is earned by cubic feet cubic measurement	per cubic feet…..	0.10

Description of Vessels	Basis of levy	Rate of Charges Tk.
(i) Country boat carrying capacity exceeding up to 50 maunds of cargo	Per berthing duration to be determined by the Conservator but not exceeding a day	0.20
(ii) Country boat carrying capacity exceeding 50 maunds and up to 200 maunds of cargo	Ditto ……..	0.30
(iii) Country boat carrying capacity exceeding 200 maunds and up to 1000 maunds of cargo	Ditto ……..	1.00
(iv) Country boat carrying capacity exceeding 500 maunds and up to 1000 maunds of cargo	Ditto ……..	1.50
(v) Country boat carrying capacity exceeding 1000 maunds of cargo	Ditto ……..	2.00
Motor vessels and Launches –
(vi) For every multiple of 50 passengers carrying capacity or part thereof.	Per berthing which should not exceed two embarkation and two disembarkation in a day	1.25
Vessels other than country boats, M, V and launches having-
(vii) Carrying capacity up to 500 passenger or up to 38 tons of cargo	Per berthing duration to be determined by the Conservator but not exceeding a dat	8.00
Vessels other than country boats M, V and launches having-
(viii) Carrying capacity over 500 and up to 800 passengers or over 38 tons and up to 64 tons of cargo	Per berthing duration to be determined by the Conservator but not exceeding a day	12.00
(ix) Carrying capacity over 800 passenger or over 64 tons and up to 100 tons of cargo	Ditto ……..	16.00
(x) Carrying capacity over 100 tons and up to 250 tons of cargo	Ditto ……..	20.00
(xi) Carrying capacity over 250 tons and up to 500 tons of cargo	Ditto ……..	24.00
(xii) Carrying capacity over 500 tons of cargo	Ditto ……..	30.00


(i) for registering licensing and branding	Tk.0.37 per ton capacity
(ii) for the license of the manjhee or the person in-charge	Tk 0.37
(iii) for endorsement of charge of ownership on the register and license	Tk 0.75
(iv) for the issue of a duplicate license to a vessel in lieu of a license that has been defaced or lost	Tk. 1.00
(v) for the issue of a duplicate license to the manjhi or the person in-charge of cargo boat or flat in lieu of license that has been defaced or lost.	Tk.0.37
(vi) for a temporary license to register a cargo vessel for plying within limits of a port.	Tk. 0.05 per ton capacity for 30 days.