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The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

Chapter VII

MISCELLANEOUS

[Omitted]
75. [Exemption of Government ships.- Omitted by section 29 of the Inland Shipping (Amendment) Ordinance, 1983(XIX of 1983).]
Power to modify application of the Ordinance
76. (1) The Government may, by notification in the official Gazette, declare that the provisions of Chapters II and III or any of those provisions shall not apply, or shall apply with such modifications as may be specified in the notification, to any inland ship so specified.
 
 
 
 
(2) The Government may exempt a foreign ship not registered under this Ordinance from the requirements of the provisions of Chapters II and III and permit the ship to ply in the inland waters of Bangladesh subject to such terms and conditions as the Government may specify.
Certificated master to be pilots under Act XV of 1908
77. Every master of an inland ship who has in his possession a valid certificate of competency of master granted under this Ordinance shall, for the purpose of section 30 of the Ports Act, 1908 (Act XV of 1908), be deemed to be the pilot of that ship in the port to which that section applies .
Surveyor and registrar to be public servant
78. Every surveyor, registrar and other officer performing any functions under this Ordinance shall be deemed to be a public servant within the meaning of the Penal Code (Act XLV of 1[1860]).
Power to regulate movement of goods, etc.
79. (1) If the Government is of opinion that an emergent necessity has arisen rendering it essential to regulate the movement of goods and passengers and to provide for allocation of specific routes to inland ships, the Government or any authority authorised by it in this behalf, may regulate the movement of goods and passengers in such manner as may be prescribed and requisition, for the purpose of movement of goods and passengers any inland ship on such terms and conditions as the Government may determine or direct, by order in writing, the owner or master of an inland ship-
 
 
 
 
(a) that the ship shall ply on a route or routes specified in the order; and
 
 
 
 
(b) that the ship shall be used for such traffic purposes as may be specified in the order.
 
 
 
 
(2) Whoever fails to abide by regulation, or comply with requisition or direction, if any, under sub-section (1), shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka ten thousand, or with both.
Facilities for receiving and delivering goods, etc.
80. (1) The owner or master of an inland ship-
 
 
 
 
(a) shall afford reasonable facilities for receiving, forwarding and delivering goods to be carried by the ship and for transhipment of goods to any other ship with which an agreement for such transhipment has been entered into; and
 
 
 
 
(b) shall not, in the matter of such receiving, forwarding, delivering or transhipment, discriminate between persons, commercial concerns, goods or classes of goods.
 
 
 
 
(2) In the event of contravention of any of the provisions of sub-section (1), the owner and the master of the 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 ten thousand, or with both.
Inspection 2[and detention] to ensure compliance with the provisions of the Ordinance
81. (1) The Government may, for the purpose of seeing that the provisions of this Ordinance and the rules made thereunder have been complied with, appoint such officers as it may deem fit and any officer so appointed may-
 
 
 
 
(a) go on board any inland ship at all reasonable times and inspect the same and any part thereof, or any of the machinery, equipments 3[, cargo and passenger] on board thereof;
 
 
(b) require and enforce the production of the certificate of registry, certificate of survey, certificate of competency, route permit, fare-table, freight-table, time-table and such other documents as he considers necessary;
 
 
(c) examine the owner or master of the ship or any other person engaged on board thereof and obtain from him statement in writing;
 
 
4[ * * *]
 
 
5[(e) inspect and examine an inland ship which is overloaded or improperly loaded.]
 
 
 
 
(2) Where any officer, after inspection and examination 6[under sub-section (1), section 81A or 81B,] is of opinion that an offence under this Ordinance has been committed, he may make a complaint in writing to the court competent to try such offence; and upon such complaint the Court shall take cognizance of the offence.
Temporary detention of inland ship for unsafe plying, etc.
7[81A. (1) Where an officer, after the inspection and examination under sub-section (1) of section 81, is of the opinion that the inland ship is not complying with the provisions of this Ordinance or rules made thereunder, for which the voyage is unsafe for the ship, lives or properties on board thereof, he may temporarily detain that ship and such documents as he feels necessary and make an order in writing not to proceed on any voyage till such time the ship is made safe for the voyage to the satisfaction of that officer.
Power to detain inland ship plying without certificate of registration or certificate of survey or temporary plying permit
 
 
 
 
81B. (1) Any officer appointed under section 81 has reason to believe that an inland ship has been or is being used in contravention of the provisions of sub-section (1) of section 18 or without the certificate of survey required by sub-section (1) of section 9 or without the permit required by sub-section (3) of section 9, seize and detain the inland ship.
 
 
 
 
(2) Notwithstanding anything contained in sub-section (1), where any such officer or person has reason to believe that an inland ship has been or is being used without the certificate of survey required by sub-section (3) of section 9, he may, instead of seizing the inland ship, seize the certificate of registration of the ship, certificate of competency of master and driver and shall issue an acknowledgement in respect thereof.
 
 
 
 
(3) Where no owner of a detained inland ship is found after a reasonable enquiry, the ship may be auctioned in public in such manner as may be prescribed or taken in to custody in favour of the Government, in order to stop the non-compliance.
Assistance from law enforcing agencies and other authorities
 
 
 
 
81C. The Director-General or a person authorised by him or an officer appointed under the provisions of this Ordinance may, for the purpose of exercising any power or performing any function under this Ordinance, request any law enforcing agency, or any other Government or statutory authority to render necessary assistance, and upon such request that agency or authority shall render the assistance.
Delegation of Power
81D. The Government may, by notification in the official Gazette, direct that the powers exercisable by it or the Director-General under any of the provisions of this Ordinance shall, subject to such conditions, if any, as may be so specified in that notification, be exercisable by a competent authority declared as such by the Government in the said notification.
Special provision regarding fines
81E. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for any Magistrate of the first class to pass a sentence of fine under this Ordinance exceeding ten thousand Taka.]
Power to make rules
82. (1) The Government may, subject to the condition of previous publication, by notification in the official Gazette, make rules to carry out the purposes of this Ordinance.
 
 
 
 
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for-
 
 
 
 
(i) the time and places at which, and the manner in which, surveys are to be made;
 
 
(ii) the duties of the surveyor making a survey and where more than one surveyor is employed, the respective duties of each surveyor;
 
 
(iii) the manner in which free board deck in relation to an inland ship will be determined and marking on each side of the ship will be made to indicate the position of that deck by a mark to be known as “free board line”;
 
 
(iv) the form in which declarations of survey, certificates of survey and certificates of registry are to be prepared, and the nature of the particulars to be stated therein;
 
 
(v) the rates according to which fees payable in respect of surveys and registry are to be calculated in the case of all or any of the places of survey or places of registry;
 
 
(vi) the cases in which, and the extent to which, a survey or registry may be dispensed with;
 
 
8[(via) grades of masters and drivers;
 
 
(viaa) syllabus and courses of examination and test for certificate of competency;]
 
 
(vii) the time and place of holding and the mode of conducting examinations of persons desirous of obtaining certificates of competency and fees to be paid for such examinations;
 
 
(viii) the qualifications to be required of persons desirous of obtaining certificates of competency
 
 
(ix) regulating the grant of certificates of services and fees to be paid for such certificates;
 
 
(x) regulating the grant of licences under section 38 and fees to be paid for such licences;
 
 
(xi) the forms in which and the authorities by which the certificates and licences aforesaid are to be granted and the manner in which copies thereof are to be kept and recorded;
 
 
(xii) the manner in which and the conditions subject to which dangerous goods may be carried on an inland ship;
 
 
(xiii) the measures and precautions to be taken to prevent explosions and fires on board an inland ship;
 
 
(xiv) the apparatus and other things to be kept and carried on board an inland ship for the purpose of extinguishing fires;
 
 
(xv) the carriage and exhibition of lights and the making of sounds and visual signals by inland ship
 
 
(xvi) the carriage and exhibition of lights or other signals by any 9[inland ship] or craft plying on inland waters on which inland ships ply;
 
 
10[(xvii) the collisions, steering and sailing rules to be observed by inland ships;]
 
 
(xviii) the manner of towing and pushing by an inland ship of any vessel or craft;
 
 
(xix) the speed at which an inland ship may navigate in specified areas;
 
 
(xx) the equipment, instrument and appliance to be kept and carried on board an inland ship for the purpose of safety of the ship and of the life and property on board;
 
 
(xxi) regulating the navigation of inland ships to prevent danger to other vessels or crafts, or damage or injury to navigation marks, river banks, navigable channel or to any property in or abutting on such banks or channels;
 
 
(xxii) regulating the carriage of passengers by, and the conduct of passengers on board, an inland ship;
 
 
(xxiii) the conditions and circumstances in which passengers may be refused admission to, and may be required to leave, an inland ship;
 
 
11[(xxiv) the supply of drinking water free of charge for the use of the passengers;]
 
 
12[(xxv) pollution prevention, sanitary and other measures to be taken on board an inland ship for ensuring cleanliness and convenience of passengers and inland water];
 
 
(xxvi) separate accommodation for women and children;
 
 
(xxvii) the issue and exhibition of tickets or receipts showing payment of fares for carriage of passengers and freights for carriage of goods;
 
 
(xxviii) the printing or otherwise denoting the price of tickets issued to passengers;
 
 
(xxix) the expulsion from, or arrest on, an inland ship of any person committing a breach or contravention of any provision thereof;
 
 
(xxx) terms and conditions of appointment of assessors;
 
 
(xxxi) inspection and detention of an inland ship, production of certificates and other documents and making of complaint under section 81; and
 
 
(xxxii) such other matters as are considered necessary or expedient for carrying out the purposes of this Ordinance.
 
 
 
 
(3) Rules made under this Ordinance may provide that any person contravening or committing a breach of any provision thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Taka five thousand, or with both.
 
 
 
 
(4) For the purpose of arrest of any person under the rules made under this Ordinance, the procedure for arrest by private persons prescribed in section 59 of the Code of Criminal Procedure, 1898 (Act V of 1898) shall, so far as may be, apply.
Repeal and savings
83. (1) The Inland Mechanically Propelled Vessels Act, 1917 (Act I of 1917), hereinafter referred to as the said Act, is hereby repealed.
 
 
 
 
(2) Without prejudice to section 24 of the General Clauses Act, 1897 (Act X of 1897), and unless the Government in any case otherwise directs,-
 
 
 
 
(a) any rule, notification, order or exemption made, issued or granted under the said Act and in force immediately before the commencement of this Ordinance, shall be deemed to have been made, issued or granted under the corresponding provisions of this Ordinance;
 
 
(b) any officer or authority appointed or empowered under the said Act shall be deemed to have been appointed or empowered under the corresponding provisions of this Ordinance;
 
 
(c) any certificate, licence or other document issued, granted or made under the said Act and in force immediately before the commencement of this Ordinance shall be deemed to have been issued, granted or made under the corresponding provisions of this Ordinance.

  • 1
    The figure “1860” was substituted for the figure “1908” by section 35 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 2
    The words “and detention” were substituted for the commas and letters “, etc.,” by section 30 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)
  • 3
    The comma and words “, cargo and passenger” were substituted for the words “and cargo” by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 4
    Clause (d) was omitted by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 5
    Clause (e) was added by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 6
    The words, figures, brackets and commas “under sub-section (1), section 81A or 81B,” were substituted for the words, figure, brackets and comma “under sub-section (1)” by section 36 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 7
    Sections 81A, 81B, 81C, 81D and 81E were inserted by section 37 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 8
    Clauses (via) and (viaa) were inserted by section 8 of the Inland Shipping (Amendment) Act, 1990 (Act No. I of 1990)
  • 9
    The words “inland ship” were substituted for the word “vessels” by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)
  • 10
    Clause (xvii) was substituted by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)
  • 11
    Clause (xxiv) was substituted by section 31 of the Inland Shipping (Amendment) Act, 1983 (Act No. XIX of 1983)
  • 12
    Clause (XXV) was substituted by section 38 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
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