Print View

The Lighthouse Act, 1927

( ACT NO. XVII OF 1927 )

এই আইন বাংলাদেশ বাতিঘর আইন, ২০২০ (২০২০ সনের নং আইনদ্বারা রহিত করা হইয়াছে

LIGHT-DUES

Levy and collection of light-dues
9. For the purpose of providing or maintaining or of providing and maintaining lighthouse for the benefit of ships voyaging to or from Bangladesh or between ports in Bangladesh, the Government shall, subject to the provisions of this Act, cause light-dues to be levied and collected in respect of every ship arriving at or departing from any port in Bangladesh.
Rates of light-dues leviable
10. (1) The Government may by notification in the official Gazette, prescribe rates, not exceeding 1[five Taka] per ton, at which light-dues shall be payable, and may prescribe different rates for different classes of ships, or for ships of the same class when in use for different purposes or in different circumstances.
 
 
(2) Light-dues payable in respect of a ship shall be paid by the owner or master of the ship on its arrival at, and on its departure from, any port in Bangladesh:
 
 
Provided that, if Light-dues have been paid in accordance with the provisions of this Act in respect of any ship, no further due shall become payable in respect of that ship for a period of thirty days from the date on which the dues so paid became payable.
 
 
(3) An order under sub-section (1) imposing, abolishing or varying light-dues shall not take effect till the expiration of thirty days from the day on which the order was notified in the official Gazette.
Receipts for light-dues
11. Light-dues shall be paid to the Collector of Customs who shall grant to the person paying the same a receipt in writing specifying-
 
 
(a) the port at which the dues have been paid;
 
 
(b) the amount of the payment;
 
 
(c) the date on which the dues became payable; and
 
 
(d) the name, tonnage and other proper description of the ship in respect of which the payment is made .
Ascertainment of tonnage
12. (1) For the purpose of the levy of light-dues, a ship's tonnage shall be reckoned as under the Merchant Shipping Acts for dues payable on a ship's tonnage, with the addition require under section 85 of the Merchant Shipping Act, 1894, with respect to deck cargo.
 
 
(2) In order to ascertain the tonnage of any ship for the purpose of levying light-dues, the Collector of Customs may
 
 
(a) if the ship is registered under any law for the time being in force in Bangladesh or under the law of any foreign country in respect of which an order in Council has been made under section 84 of the Merchant Shipping Act, 1894, that ships of that country shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers (any such ship being hereafter in
 
 
this section referred to as a registered ship), require the owner or master or other person having possession of the ship's register or other papers denoting her tonnage to produce the same for inspection an, if such owner, master or other persons refuses or neglects to produce the register or papers, as the case may be, or otherwise to satisfy the Collector of Customs as to the tonnage of the ship, cause the ship to be measured and the tonnage to be ascertained; or
 
 
(b) If the ship is not a registered ship and the owner or master fails to satisfy the Collector of Customs as to the true tonnage thereof according to the mode of measurement prescribed by the law for the time being in force for regulating the measurement of registered ships, cause the ship to be measured and the tonnage thereof to be ascertained according to such mode.
 
 
(3) If any person refuses or neglects to product any register or other papers or otherwise to satisfy the Collector of Customs as to the true tonnage of any ship when required to do so under this section, such person shall be liable to pay the expenses of the measurement of the ship and of the ascertainment of the tonnage, and, if the ship is a registered ship, shall further, on conviction by a Magistrate of the first class having jurisdiction in the port where the ship lies or in any port to which she may proceed, be punishable with fine which may extend to one thousand 2[Taka].
Recovery of light-dues, expenses and costs
13. (1) If the owner or master of any ship refuses or neglects to pay to the Collector of Customs on demand the amount of any light-dues or expenses payable under this Act in respect of the ship, the Collector of Customs may seize the ship and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount of the dues or expenses together with the costs of the seizure and detention, is paid.(2) If any part of such dues, expenses or costs remains unpaid after the expiry of five days following the date of the seizure, the Collector of Customs may cause the ship or other thing seized to be sold, and with the proceeds of the same may satisfy the dues, expenses or costs remaining unpaid, together with the costs of the sale, and shall repay the surplus, if any, to the person by whom the same were payable.
Refusal of port clearance
14. The officer whose duty it is to grant a port-clearance for any ship shall not grant the port-clearance until the amount of all light-dues, expenses and costs payable in respect of the ship under this Act and of any fines imposed thereunder has been paid, or until security for the payment thereof has been given to his satisfaction.
Determination of disputes as to liability for payment
15. If any disputes arises as to whether light-dues, expenses or costs are payable in respect of any ship under this Act, or as to the amount of such dues, expenses or costs, the dispute shall, on application made in this behalf by either of the disputing parties, be heard and determined by a Magistrate of the first class having jurisdiction at the place where the dispute arises, and the decision of such Magistrate shall be final.
Light-dues payable at one port recoverable at another
16. (1) If the master of any ship in respect of which any light-dues are payable at any port causes the ship to leave such port without having paid the same, the Collector of customs at that port may be writing require the Collector of customs at any other port in Bangladesh to which the ship may proceed or in which she may be to recover the dues remaining unpaid.
 
 
(2) Any Collector of Customs to whom such a requisition is directed shall proceed to levy such sum as if it were payable under this Act at the port at which he is the Collector of customs, and a certificate by the Collector of customs at the port at which the light-dues first became payable, stating the amount payable, shall be sufficient proof in any proceeding under section 13 or section 15 that such amount is payable.
Penalty for evading payment of lighst-due
17. (1) If the owner or master of a ship evades or attempts to evade the payment of any light-dues, expenses or costs payable in respect of the ship under this Act, he shall, on conviction by a Magistrate of the first class having jurisdiction in any port to which the vessel may proceed or in which she may be found, be punishable with fine which may extend to five times the amount of the sum payable.
 
 
(2) In any proceeding before a Magistrate in a prosecution under sub-section (1), any such certificate as is mentioned in sub-section (2) of section 16, stating that the owner or master has evaded such payment, shall be sufficient proof of the evasion, unless the owner or master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable grounds for such departure.
Exemption from payment of light-dues
18. The following ships shall be exempted from the payment of light-dues under this Act, namely:-
 
 
(a) any ship belonging to Government or to a foreign Prince or State and not carrying cargo or passengers for freight of fares; and
 
 
(b) any ship of a tonnage of less than fifty tons;
 
 
and the Government may, by notification in the official Gazette, exempt any other ships, or classes of ships, or ships performing specified voyages from such payment, either wholly or to such extent only as may be specified in the notification.
Refund of excess payments
19. Where the light-dues have been paid in respect of any ship in excess of the amount payable under this Act, no claim to refund of such excess payment shall be admissible, unless it is made within six months from the date of each payment.

  • 1
    The words "five Taka" were substituted, for the words "twelve poisha" by section 2 of the Lighthouse (Amendment) Ordinance, 1982 (Ordinance No. XIII of 1982)
  • 2
    The word "Taka" was substituted, for the word "rupees" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs