The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII Of 1976 )

An Ordinance to provide for the survey, registration and control of navigation of vessels plying on inland waters.

 
 
 
WHEREAS it is expedient to provide for the survey, registration and control of navigation of vessels plying on inland waters consistently with the present day requirements and for that purpose to replace the existing law relating to such vessels;
 
 
 
 
NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and the 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
 
 
 

CONTENTS

SECTIONS

1. Short title

2. Definitions

3. Inland ships to be surveyed and registered

4. Places of survey and registry

5. Powers of surveyors and registrars

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

5B. Construction Survey, etc.

5C. Delegation of functions to the Classification Society, etc.

5D. Marking of Ship

6. Survey fee, etc.

7. Declaration of surveyor

8. [Omitted]

9. Grant of certificate of survey

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

11. Duration of certificate of survey

12. Renewal of certificate of survey

13. Delivery of expired or cancelled certificate

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

15. Power for Government to order a second survey

16. Division of duties when more than one surveyor employed

17. Application for registration

18. Grant of certificate of registration

19. Display of registration number

20. Maintenance of book of registry

21. Certificate of registry to be carried on board

22. Loss, etc. of certificate of registry

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

24. Change of ownership

25. Ownership acquired outside Bangladesh to be reported to registrar

26. Transfer of registered inland ship

27. Registration of ship transferred to Bangladesh national

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

29. Ships when altered are to be registered anew

30. Duration of certificate of registry, etc.

31. Submission of report regarding registry, etc.

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

33. Voyage of ships without certificate of survey prohibited

34. Definition

35. Categories of inland ship

36.Certificate of Competency

37. Manning of inland ship

37A. Uniform and identity card for the crew of inland ship

37B. Training of inland engineers, masters, engine-drivers, etc.

38. Appointment of examiners, etc.

39. Grant of certificate of competency

40. Certificate to be made in duplicate

41. Loss of certificate

42. Suspension and cancellation of certificate

44. Shipping casualty and report thereof

45. Inquiry into shipping casualty

46. Trial of offences

47. Constitution of Marine Court

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

49. Procedure for trial

50. Arrest of witnesses

51. Power to investigate into charge of incompetency, etc.

52. Special powers of Courts

53. Report by Court to Government

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

54A. Plying in coastal water without permission prohibited

54B. Voyage without Telecommunication Equipment prohibited

55. Voyage during storm signal prohibited

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

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

57. Carriage of dangerous goods

57A. Causing obstruction, etc. on any navigable water route prohibited

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

58A. Voyage without Insurance or Marine Casualty Trust Fund coverage prohibited

59. Maximum and minimum fares and freights

60. Publication of fare and freight tables

60A. Inland Water Pollution Prohibited

60B. Pollution prevention certificate(s) to be carried on board

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

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

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

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

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

65. Penalty for contravention of section 42

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

67.Penalty for over-loading of passengers

67A. Penalty for improperly loading an inland ship

67B. Penalty for over loading of goods (solid, liquid, gaseous or bulk)

68. Penalty for contravention of sections 57 and 58

68A. Penalty for contravention of section 57A

68B. Penalty for Contravention of sections 54A, 54B and 58A

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

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

71. Penalty for failure to report casualty

71A. Penalty for Contravention of section 60A

72. Penalty for other contraventions

72A. Offences by companies, etc.

73. Trial of offences

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

74. Recovery of fine by distraint

75. [Omitted]

76. Power to modify application of the Ordinance

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

78. Surveyor and registrar to be public servant

79. Power to regulate movement of goods, etc.

80.Facilities for receiving and delivering goods, etc.

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

81A. Temporary detention of inland ship for unsafe plying, etc.

81B. Power to detain inland ship plying without certificate of registration or certificate of survey or temporary plying permit

81C. Assistance from law enforcing agencies and other authorities

81D. Delegation of Power

81E. Special provision regarding fines

82. Power to make rules

83. Repeal and savings