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The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

1Chapter VI

PENALTY AND PROCEDURE

Penalty for contravention of sections 2[33, 43, 54 and 56]
61. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may extend to 3[two years, or with fine which may extend to taka thirty thousand], or with both, if-
 
 
4[* * *]
 
 
 
 
(b) the inland ship proceeds on any voyage or is used for any service on inland waters without having a certificate of survey and a certificate of registry 5[or the certified copy thereof] as required by section 33;
 
 
 
 
(c) the inland ship proceeds on any voyage in contravention of the provisions of section 43 without a master and an engineer or engine-driver;
 
 
 
 
(d) the inland ship does not have a valid route permit and time–table plies in a route other than the one specified is the route permit contravention of the provisions of section 54;
 
 
 
 
6[* * *]
 
 
 
 
(f) the inland ship 7[is not equipped or provided with such apparatus and instruments] for protection against explosion, fire, collision and accidents as required by section 56.
Penalty for contravention of sections 55 and 56A
8[61A. The master of an inland ship shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to Taka 9[thirty thousand], or with both, if the inland ship contravenes the provisions of section 55 or 56A.]
Penalty for contravention of sections 10, 19 and 60
62. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may 10[extend to three months, or with fine which may extend to Taka five thousand], or with both, if-
 
 
 
 
(a) the certificate of survey of the ship is not affixed and kept affixed on the ship as required by section 10;
 
 
 
 
(b) the registration number is not displayed on the ship as required by section 19;
 
 
 
 
(c) the tables published under section 60 have not been affixed and kept affixed on the ship as required by sub-section (2) of that section.
Penalty for contravention of sections 13, 23 and 24
63. The owner or the master of an inland ship or both shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 11[five thousand], or with both, if he, without reasonable cause, fails to deliver-
 
 
 
 
(a) the certificate of survey of the ship which has ceased to be in force, as required by section 13;
 
 
 
 
(b) the certificate of registry 12[or the certified copy thereof] of the ship which is lost, taken by the enemy, burnt or broken, as required by sub-section (2) of section 23; or
 
 
 
 
(c) the certificate of registry 13[or the certified copy thereof] for endorsement of the change of ownership of the ship, as required by sub-section (2) of section 24.
Penalty for transfer of ship in contravention of section 26, etc.
64. (1) Any person who transfers or attempts to transfer an inland ship in contravention of sub-section (1) of section 26 shall be punishable with rigorous imprisonment for a term which may extend to three years, or with fine which may extend to Taka 14[thirty thousand] or with both.
 
 
 
 
(2) The transferor or the transferee of an inland ship or both shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 15[twenty thousand] or with both, if he fails to make a report of the transfer of an inland ship as required by sub-section (2) of section 26.
Penalty for contravention of section 42
65. A person shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka 16[fifteen thousand or with both], if he fails to deliver certificate of competency or licence which has been suspended or cancelled, as required by sub-section (2) of section 42.
Penalty for acting on ship without certificate, etc.
66. A person shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Taka 17[fifty thousand], or with both, if he-
 
 
 
 
(a) without ascertaining that a person is entitled to, and in possession of, appropriate valid certificate of competency or licence for the purpose, employs or engages such person to act as master, engineer or engine-driver of an inland ship;
 
 
 
 
(b) without being entitled to, or in possession of, appropriate valid certificate of competency or licence, acts in any voyage as master, engineer or engine-driver of such ship.
Penalty for over-loading of passengers
18[67. Where on any voyage for mercantile purposes an inland ship carries on board or in any part of the ship passengers in excess of the number set forth in the certificate of survey of the ship as the number of passengers which the ship or the part thereof is fit to carry,-
 
 
 
 
19[* * *]
 
 
 
 
20[(b) the owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master of the inland ship shall be punishable with fine which may extend to Taka three hundred for each passenger so in excess up to a maximum of Taka one lakh.]
Penalty for improperly loading an inland ship
21[67A. The owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master or both of an inland ship shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka fifty thousand, or with both, if he loads the inland ship in such a manner which endangers the ships, its property or lives on board thereof.
Penalty for over loading of goods (solid, liquid, gaseous or bulk)
67B. If an inland ship carries on board any goods in excess of the load line mark set forth in the certificate of registration of the ship for which the ship is fit to carry, the owner or his representative, if present, on board the inland ship or at the terminal at the time of voyage, loading or unloading or master of the inland ship carrying the excess goods shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to,-
 
 
 
 
(a) in the case of an inland ship having capacity up to one hundred fifty gross ton, ten thousand Taka; and
 
 
(b) in the case of an inland ship having capacity above one hundred fifty gross ton, fifty thousand Taka, or with both.]
Penalty for contravention of sections 57 and 58
68. If an inland ship carries on board any dangerous goods in contravention of sub-section (1) of section 57, or any passenger or cargo or dangerous goods in contravention of section 58,-
 
 
(a) the owner of the ship shall be punishable with fine which may extend to Taka three thousand; and
 
 
(b) the master of the ship shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Taka three thousand, or with both.]
Penalty for contravention of section 57A
22[68A. Any person who contravenes the provisions of section 57A shall be punishable with imprisonment for a term which may extend to 23[one year, or with fine which may extend to Taka twenty five thousand], or with both, and the court trying such offence may order confiscation of any material used in the obstruction to navigation to the Government.]
Penalty for Contravention of sections 54A, 54B and 58A
24[68B. The owner and the master of an inland ship shall each be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka thirty thousand, or with both if any of them contravenes the provisions of section 54A, 54B or 58A.]
Penalty for tendering, etc., of dangerous goods for carriage
69. A person shall be punishable with imprisonment for a term which may extend to 25[one year, or with fine which may extend to Taka twenty five thousand], or for carriage with both, if he takes with him on board, or delivers or tenders for carriage by, an inland ship any dangerous goods in contravention of sub-section (2) of section 57; and such goods so taken, delivered or tendered shall be forfeited to the Government.
Penalty for misconduct, etc., for endangering ship
70. (1) A person employed or engaged in any capacity on board an inland ship shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka ten thousand, or with both, if he, by wilful breach or neglect of duty,-
 
 
 
 
(a) does any act tending to wreck, destroy or materially damage the ship or to endanger the life or limb of any person, or to destroy or damage any property, on board, or belonging to, such ship or any other ship, or
 
 
 
 
(b) refuses or fails to do any such act as may be done by him for preserving the ship or any other vessel from wreck, destruction or damage, or for preserving any such person from danger to life or limb.
 
 
(2) Where a shipping casualty caused by an inland ship resulted in the loss of life of, or injury to, any person, or damage to any property, on board such ship or any other ship, and such casualty occurred due to the fault of such inland ship or due to the incompetence or misconduct of, or contravention 26[by the owner, master or any officer or other member of the crew of the ship, the owner, master or any officer or other member of the crew of such ship or each of them shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka one lac but shall not be less than Taka ten thousand, or with both].
Penalty for failure to report casualty
71. A person shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka 27[ten thousand], or with both, if he, without sufficient cause, fails to report a shipping casualty to the officer in charge of a police station as required by sub-section (2) of section 44.
Penalty for Contravention of section 60A
28[71A. (1) Any person who contravenes the provision of section 60A shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to Taka one lakh, or with both, and with recovery as compensation for the actual damage caused in any form, including the cost of clean up or containment or mitigation measures required.
 
 
 
 
(2) The extent of environmental damages and other relevant expenses shall be determined by a committee appointed by the Government for this purpose.]
Penalty for other contraventions
72. A person shall be punishable with fine which may extend to Taka 29[ten thousand] if he intentionally contravenes any of the provisions of this Ordinance for the contravention of which no penalty is provided elsewhere in this Ordinance.
Offences by companies, etc.
30[72A. (1) If the person committing an offence under this Ordinance is a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
 
 
 
 
Provided that nothing in this sub-section shall render any such person liable to any punishment under this Ordinance if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
 
 
 
 
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Ordinance has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
 
 
 
 
Explanation.- For the purposes of this section-
 
 
 
 
(a) “Company” means any body corporate and includes a firm or other association of individual, and
 
 
 
 
(b) “director” in relation to a firm, means a partner in the firm.]
Trial of offences
73. (1) Save as otherwise provided in this Ordinance, an offence punishable under this Ordinance , not being an offence made punishable by rules made under this Ordinance, shall not be tried by any Court other than a Court of Magistrate of the first class or the Marine Court.
 
 
 
 
(2) Unless in any case the Government, by notification in the official Gazette, appoints any other place for the purpose, an offence punishable under this Ordinance may be tried, subject to the provisions of sub-section (1) by a Court within the local limits of whose jurisdiction it was committed or the accused may be found.
Trial of offences by the Magistrate of the Marine Court
31[73A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, a Magistrate of the first class presiding over the Marine Court constituted under section 47 may also try an offence punishable under this Ordinance as a Court of the Magistrate of the first class.]
Recovery of fine by distraint
74. Where the owner or the master of an inland ship is sentenced to pay a fine for an offence punishable under this Ordinance, the Court passing the sentence may also direct that, in case of failure to immediately pay the fine, the amount of the fine may be recovered by distraint and sale of the ship or the tackle, apparel or furniture of the ship, or so much thereof as may be necessary for the recovery of the fine.
 
 
 
 

  • 1
    Chapter VA was inserted by section 18 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005).
  • 2
    The figures, commas and word “33, 43, 54 and 56” were substituted for the figures, commas and word “11, 33, 43, 54, 55 and 56” by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 3
    The words and comma “two years, or with fine which may extend to Taka thirty thousand” were substituted for the words and comma “one year, or with fine which may extend to Taka ten thousand” by section 19 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 4
    Clause (a) was omitted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 5
    The words “or the certified copy thereof” were inserted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 6
    Clause (e) was omitted by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 7
    The words “is not equipped or provided with such apparatus and instruments” were substituted for the words “does not take measure” by section 24 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 8
    Section 61A was inserted by section 25 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 9
    The words “thirty thousand” were substituted for the words “ten thousand” by section 20 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 10
    The words and comma “extend to three months, or with fine which may extend to Taka five thousand” were substituted for the words and comma “extend to six months, or with fine which may extend to Taka two thousand” by section 21 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 11
    The words “five thousand” were substituted for the words “one thousand” by section 22 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 12
    The words “or the certified copy thereof” were inserted by section 26 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 13
    The words “or the certified copy thereof” were inserted by section 26 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
  • 14
    The words “thirty thousand” were substituted for the words “ten thousand” by section 23 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 15
    The words “twenty thousand” were substituted for the words “five thousand” by section 23 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 16
    The words “fifteen thousand or with both” were substituted for the words “five thousand” by section 24 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 17
    The words “fifty thousand” were substituted for the words “ten thousand” by section 25 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 18
    Sections 67 and 68 were inserted by section 4 of the Inland Shipping (Amendment) Ordinance, 1979 (XIV of 1979)
  • 19
    Clause (a) was omitted by section 5 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)
  • 20
    Clause (b) was substituted by section 26 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 21
    Sections 67A and 67B were inserted by section 27 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 22
    Section 68A was inserted by section 27 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)
  • 23
    The words and comma “one year, or with fine which may extend to twenty five thousand” were substituted for the words and comma “six months, or with fine which may extend to Taka five thousand” by section 28 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 24
    Section 68B was inserted by section 29 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 25
    The words and comma “one year, or with fine which may extend to Taka twenty five thousand” were substituted for the words and comma “three months, or with fine which may extend to Taka five thousand” by section 30 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 26
    The words and commas were substituted for the words and commas “by the master or any officer or other member of the crew of the ship, the master or any officer or other member of the crew of such ship or each of them shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to Taka ten thousand, or with both” by section 31 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 27
    The words “ten Thousand” were substituted for the words “two thousand” by section 32 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 28
    Section 71A was inserted by section 33 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 29
    The words “ten thousand” were substituted for the words “one thousand” by section 34 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 30
    Section 72A was inserted by section 7 of the Inland Shipping (Amendment) Act, 1990 (I of 1990)
  • 31
    Section 73A was inserted by section 28 of the Inland Shipping (Amendment) Ordinance, 1983 (XIX of 1983)
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