3. (1) ¹[Every inland ship other than inland ships owned by the Defence Services] which plies or seeks to ply or is used or intended to be used for any service, on inland waters shall be required to be surveyed and registered under this Ordinance. ²[(2) An inland ship shall not be surveyed and registered under this Ordinance unless her design and plan have been approved under section 5A ³[, certificate of compliance have been obtained under sub-section (3) of section 5B] and she is owned by-(a) a citizen of Bangladesh;(b) a company registered in Bangladesh; or(c) a company which is not registered in Bangladesh but has an agent or branch in Bangladesh together with such organisation as is adequate for the independent operation in Bangladesh of the agency or branch.] (3) Sub-section (1) shall not apply-(a) to an inland ship, if she does not carry any passenger or cargo, while making her first voyage to the place of registry for the purpose of registration or while on a voyage during the period from the date of expiry of the certificate of survey to the date of reaching the nearest place of survey to have the certificate renewed; or(b) to a sea-going vessel having right or authority to be in a port or place in, or to ply on tidal waters of, Bangladesh ⁴[ ; or(c) to a mechanised wooden country boat propelled by any engine including shallow engine having a maximum capacity of 16 HP.]

4. (1) The Government may, by notification in the official Gazette, declare such places in Bangladesh as it may consider necessary to be places of survey and places of registry for the purposes of this Ordinance. (2) The Government shall appoint-(a) for each place of survey such surveyor or surveyors as it may deem fit; and(b) for each place of registry, a registrar.

5. (1) For the purpose of survey or registry of an inland ship, the surveyor or the registrar, as the case may be, may, at any reasonable time, go on board such ship and inspect the ship and every part thereof including the hull, boilers, engines and other machinery and all equipment and articles on board: Provided that the surveyor or the registrar shall not hinder the loading or unloading of the ship, or detain or delay her from proceeding on any voyage, except to the extent necessary for the purpose of survey or inspection. (2) The owner, the master and the crew of the inland ship to be surveyed or registered shall afford to the surveyor and the registrar all reasonable facilities for survey or inspection and shall furnish all such information respecting the ship, her machinery or any part thereof, and all equipments and articles on board the ship, as the surveyor or the registrar may require for the purposes of survey or registration, as the case may be.

⁵[5A. (1) For the purpose of approval of the design and plan of an inland ship, the owner shall make an application in the prescribed form together with the design and plan of the ship to an authority empowered by the Government in this behalf. ⁶[(1A) The Government may prescribe fees for application and for approval of design by the competent authority.] (2) The authority receiving an application under sub-section (1) shall, -(a) if, on an examination, it is found that the design and plan conform to the prescribed specification or standard, issue a certificate of approval in the prescribed form ⁷[within 45 days of the receipt of the application ]; or(b) if it is found that the design and plan do not conform to the prescribed specification or standard, return the application to the owner stating the particulars in respect of which they do not so conform ⁸[within the period specified in clause (a)]:Provided that the return of an application shall not debar the owner from making such a fresh application after alteration or modification of the design and plan so as to conform to the prescribed specification or standard ⁹[and such applications shall be disposed of within 15 days from the date of receipt of the application].]

¹⁰[5B. (1) For the purpose of commencement of construction or modification of an inland ship, after obtaining the certificate of plan approval under section 5A, the owner shall inform the authority empowered by the Government in this behalf in the form as may be prescribed by the Government to the effect when and where the ship is to be constructed or modified. (2) The said authority receiving the information under sub-section (1), shall cause, during the construction or modification of an inland ship to conduct construction survey, supervise construction, calculate stability and an inclining test of inland ship. (3) After satisfactory completion of construction or modification of an inland ship, if it is found that the construction or modification conforms to the prescribed standard or specification, the person authorised to conduct such supervision of construction or modification under sub-section (2), shall issue a certificate of compliance in a form as may be prescribed by the Government. (4) The Government may prescribe fees for conducting construction survey, supervision of construction, stability calculation, inclining test and other related fitness test.

5C. (1) The Government may, by notification in the official Gazette, delegate the functions mentioned in sections 5A, 5B and also the functions of surveyor for the purpose of survey of Inland Ships under this Ordinance to the Classification Society empowered by the Government in this behalf. (2) The Classification Society shall be responsible and accountable to the Government for the said delegated functions. (3) The formation, charter of duties, responsibilities and capabilities of a Classification Society may be determined by an order of the Government. (4) The Classification Society shall be entitled to such fees at such rate and in such manner as may be prescribed by the Government for the performance of delegated functions under sub-section (1) of Section 5C. Explanation.- For the purpose of this section, “Classification Society” means a society or organisation authorised by the Government for the purpose of this Ordinance.

5D. (1) Every inland ship in respect of which an application for registration is made under section 17 shall, before grant of certificate of registration under section 18, be marked, in such manner as may be prescribed, permanently and conspicuously and to the satisfaction of the registrar. (2) The marks required by this section shall not be altered or otherwise modified without the prior written permission of the registrar. (3) If an owner or master of an inland ship neglects to cause his ship to be marked as required by this section, or to keep her so marked, or if any person conceals, removes, alters, defaces, or obliterates any of the said mark, he shall, for such offence, be punishable with fine which may extend to Taka twenty thousand, and on a report from a surveyor that an inland ship is insufficiently or inaccurately marked, the inland ship may be detained until the insufficiency or inaccuracy has been remedied.]

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

7. (1) The surveyor shall, within seven days from the date of completion of the survey of an inland ship, make a declaration in the prescribed form and ¹¹[send one copy of] the same to the owner or master of the ship if he is satisfied that-(a) the hull, boilers, engines and other machinery of the ship are ¹²[kept] in good condition and sufficient for the voyage or service intended;(b) the equipment of the ship and the certificates of the master, engineer or engine-driver comply with the requirements of this Ordinance; and(c) the free board marking has been made in the prescribed manner on the body of the ship. (2) The declaration made under sub-section (1) shall contain-(a) the particulars mentioned in clauses (a) and (b) of that sub-section;(b) the time, if less than one year, for which the hull, boilers, engines and other machinery and equipment of the ship will be sufficient;(c) the limit, if any, beyond which the ship, as regards the hull, boilers, engines and other machinery or equipment, in the judgement of the surveyor, is not fit to ply;(d) the number of passengers, if any, which the ship, ¹³[* * *] is fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins, the number to be subject to such conditions and variations, according to the time of the year, the nature of the voyage, the cargo carried or other circumstances as the case requires ¹⁴[to be determined in the manner as may be prescribed]; and(e) ¹⁵[deadweight tonnage and such] other particulars, if any, as may be prescribed. ¹⁶[(3) A copy of the declaration under sub-section (1) shall be sent simultaneously,-(a) in the case of survey for the purpose of granting a certificate of survey, to such officer as the Government may appoint in this behalf; and(b) in the case of survey for the purpose of granting a certificate of registry, to the registrar.]

8. [Sending of declaration by owner or master.- Omitted by section 6 of the Inland Shipping (Amendment) Ordinance, 1983(XIX of 1983).]

9. (1) If the officer to whom a declaration is sent under sub-section (1) of section ¹⁷[7] is satisfied that the inland ship complies with the provisions of this Ordinance he shall cause a certificate of survey to be prepared in duplicate in the prescribed form and send to the owner or master by post or otherwise as he deems efficacious and expedient within fifteen days of the receipt by him of the declaration. (2) A certificate of survey in the prescribed form shall contain a statement to the effect that all the provisions of this Ordinance with respect to the survey of the inland ship and the declaration of the survey have been complied with, and shall set forth-(a) the particulars concerning the ship mentioned in the declaration of the survey as required by clauses (a), (b), (c) and (d) of sub-section (2) of section 7; and(b) any other prescribed particulars. (3) A certificate of survey shall not be granted by the surveyor who made the declaration of survey under section 7: Provided that the surveyor who conducted the survey may, pending the issue of the certificate of survey, issue a temporary plying permit authorising the inland ship concerned to ply; and such permit shall remain valid for a period, not exceeding ¹⁸[forty-five days], to be specified in the permit. (4) Any certificate of survey may, by order in writing, be cancelled or suspended by the Government or by any person appointed by the Government in this behalf if it is found subsequently on inspection by a person appointed for the purpose or otherwise- ¹⁹[(a) that the certificate found to be fraudulently tempered with in any manner; or](b) that the certificate has been granted upon false or erroneous information; or(c) that the inland ²⁰[ship] in respect of which a certificate of survey has been granted is not complying with the provisions of this Ordinance relating to the grant of such a certificate.

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

11. (1) A certificate of survey in respect of an inland ship shall cease to be in force- ²¹[(a) upon the expiration of four years from the date of the certificate in case of dumb barges and other crafts which are not propelled but are towed and pushed by a propelled vessel, and one year from the date of certificate in case of all other inland ships; or] (b) upon the expiration of the period for which the hull, boilers, engines or other machinery or any of the equipments of the ship have been stated in the certificate to be sufficient; or (c) upon its cancellation or suspension under sub-section (4) of section 9. (2) The owner or master of an inland ship the certificate of survey of which is due to cease to be in force under clause (a) of sub-section (1) shall, within thirty days before the expiration of the period specified in that clause, inform the surveyor of the date of such expiration. ²²[(3) The owner or master who fails to comply with the requirement of sub-section (2) shall pay a sum of taka one hundred for every day during which the failure continues along with the survey fee payable under section 6.]

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

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

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

15. (1) If the surveyor making a survey of an inland ship refuses to give a declaration under section 7 with regard to the ship or gives a declaration with which the owner or master of the ship is dissatisfied, the ²³[officer appointed under section 7] may, on the application of the owner or master, and on payment by him ²⁴[ * * * ] double the amount of the fee payable for the previous survey, ²⁵[ * * * ] direct more than one surveyor to survey the ship. (2) The surveyors directed under sub-section (1) to survey an inland ship shall forthwith survey the ship and may, after the survey, either refuse to give a declaration or give such declaration as seems to them to be proper; and such refusal or declaration shall be final.

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

17. An application for registration of an inland ship shall be made by the owner of the ship in such form and shall contain such particulars as may be prescribed and shall be accompanied by –(a) copy of the certificate of survey in force in respect of the ship; and(b) a receipted challan showing the payment of registration fee at such rate and in such manner as may be prescribed.

18. (1) Where the registrar, after making such enquiry as he thinks fit, is satisfied in respect of an inland ship to be registered that the provisions of this Ordinance and the rules made thereunder have been complied with, he shall grant to the applicant a certificate of registry which shall contain such particulars as may be prescribed. (2) The registrar may refuse to register an inland ship if the ship is found to be mechanically and structurally defective or if the applicant fails to furnish satisfactory evidence in support of his claim to be the owner of the ship and of any of the statements made in the application: Provided that where the registrar refuses to register an inland ship, he shall furnish to the applicant a statement in writing containing the reasons for such refusal. (3) [Omitted by section 10 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983).]

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

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

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

22. Where a certificate of registry of an inland ship is mislaid, lost or destroyed, the registrar shall grant a new certificate in lieu of her original certificate on payment of such fee as may be prescribed.

23. (1) Where an inland ship registered under this Ordinance is actually or constructively lost, taken by the enemy, or burnt or broken up, the owner of the ship shall forthwith give notice thereof, if such notice has not already been given, to the registrar; and the registrar shall make an entry to that effect in the register book. (2) In any such event as is referred to in sub-section (1), except where the certificate of registry has been lost or destroyed, the owner or master of the inland ship shall deliver the certificate-(a) If the event occurs in the place of registry, immediately and, if it occurs elsewhere, within ten days of the arrival of the ship at the place of registry, to the registrar; and(b) if the ship is not likely to return to the place of registry, within ten days of the occurrence of the event, to the registrar.

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

25. If at any place outside Bangladesh an inland ship becomes the property of a citizen of Bangladesh or such a company as is described in sub-section (2) of section 3, the owner of the ship shall immediately on her arrival at a place of registry in Bangladesh report the fact to the registrar of that place and furnish therewith the following particulars, namely:-(a) the time of arrival of the ship at the place of registry;(b) the name of the ship, if any;(c) the time and place of her purchase and the name or names of the purchaser or purchasers;(d) the name of her master; and(e) the particulars respecting her tonnage, build and description which he is able to obtain.

26. (1) An inland ship registered under this Ordinance or any share therein shall not, without the previous approval of the Government, be transferred except to a person who is a citizen of, and residing and carrying on business in, Bangladesh nor shall any such ship be transferred, except by a bill of sale executed before and attested by a Magistrate of the first class. (2) Where an inland ship registered under this Ordinance is transferred, the transferor and the transferee shall, within ²⁶[forty-five days] of the transfer, jointly make a report accompanied by the bill of sale or a certified copy thereof and a prescribed fee of the transfer to the registrar who shall enter the particulars of the transfer in the register book: Provided that the registrar may, if he is otherwise satisfied about the identity of the transferor and the transferee, dispense with the requirement of the joint report and act on the report either of the transferor or the transferee.

27. (1) Where an inland ship not registered under this Ordinance is transferred to a citizen of Bangladesh or to such a company as is described in sub-section (2) of section 3, the ship shall be registered under this Ordinance. (2) Before registering an inland ship as required by sub-section (1), the registrar shall, for the purpose of satisfying himself as to the validity of the transfer and the identity of the transferor and the transferee, require the production of the bill of sale, the certificate of transfer and the certificate of the registry of the ship. (3) Where an inland ship is registered as required by sub-section (1), the registrar shall enter in the register book the description of the ship contained in her original certificate of registry.

28. Where in respect of an inland ship a certificate of sale is lost or destroyed or is so defaced or mutilated as to be useless, the ²⁷[Director-General] may,-(i) if the transfer authorised by the certificate has not been carried out, on the proof of such loss, destruction, defacement or mutilation; and (ii) if the transfer has been carried out, on the further proof of several matters and things that have been done, direct the registrar to register the transfer or to make such entries in the register book or do such other things as might have been made or done if the loss, destruction, defacement or mutilation had not taken place.

29. (1) Where an inland ship registered under this Ordinance is so altered as not to correspond with particulars relating to her tonnage or description contained in the register book, she shall be deemed not to be so registered until the registrar shall have, on receipt of an application made to him in this behalf and a certificate of survey from the surveyor stating the particulars of alteration, register the alteration or, if he thinks fit, register the ship anew. (2) For the purpose of registering an alteration of an inland ship under sub-section (1), the registrar may, require the existing certificate of registry of the ship to be delivered to him, and may either grant in substitution of the existing certificate a new certificate of registry containing a description of the ship as altered or endorsed and sign on the existing certificate a memorandum of the alteration. (3) For the purpose of registering an inland ship anew under sub-section (1), the registrar shall proceed as in the case of first registry and shall upon the delivery to him of the existing certificate of registry of the ship, the payment of the same registration fee as is payable in the case of first registry and the fulfilment of the other requirements for registry or, in the case of a change of ownership, such of them as he thinks material, register the ship and grant her a new certificate of registry. (4) When an inland ship is registered anew under this section, her former registry shall be considered as closed, except so far as it relates to any unsatisfied and unexpired certificate of sale entered thereon, but the names of all persons appearing in the former register to be interested in her as owners shall be entered on the new register and the registry anew shall not in any way affect the rights of any of those persons.

²⁸[30. (1) Subject to the other provisions of this Ordinance, a certificate of registry of an inland ship granted under this Ordinance shall remain valid for 30 (thirty) years of her age from the date of first registry unless the ship is rendered total loss, scrapped or otherwise transferred within the said period : Provided that the validity of the registration may be extended, if it is found that the inland ship is fit for plying to the satisfaction of the registrar after special docking survey in a manner as may be prescribed, for a maximum period of five years and continued for the same further period subject to special docking. (2) Where an inland ship, other than dumb barges and other crafts which are not propelled but are towed or pushed by a propelled vessel, registered under this Ordinance is not surveyed for three consecutive years, referred to in section 11(1) the registration of the inland ship shall cease to be in force from the date of expiration of the last survey. (3) Where an inland ship has been laid up or scrapped or otherwise not in use, the owner of the ship shall immediately inform the registrar in writing within thirty days of such events.]

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

32. (1) Where the Government is satisfied that by the law or practice of any foreign country inland ships having certificates of registry granted under this Ordinance- (a) obtain, by reason of such certificate, any special exemption in that country while plying on inland waters thereof, or(b) are required as a condition of plying on inland waters of that country to comply with any special requirement, whether by way of registration anew or payment of a fee or otherwise,the Government may, by notification in the official Gazette, direct that the same exemption or requirement, or an exemption or a requirement as similar thereto as may be, shall by way of reciprocity, be granted to or imposed upon inland ship registered in that country while plying on inland waters of Bangladesh. (2) The Government may, by notification in the official Gazette, direct that the provision of sub-section (1) relating to reciprocity in the matter of certificates of registry shall apply, so far as may be, to certificates of survey, certificates of competency and licences granted or issued under this Ordinance.

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