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12/06/2025
The Bangladesh Merchant Shipping Ordinance, 1983

The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 20

SPECIAL PROVISIONS RELATING TO SPECIAL TRADE PASSENGER SHIPS

Ships not to proceed on voyage from any place not designated by Government
260. (1) A special trade passenger ship shall not depart or proceed on a voyage from, or embark or disembark special trade passengers at, any port or place within Bangladesh other than a port or place designated in this behalf by the Government.
 
 
 
 
(2) After a ship has departed or proceeded on a voyage from a port or place so designated, no special trade passenger shall be received on board except at some other port or place so designated
Notice to be given about day of departure
261. (1) The owner, agent or master of a special trade passenger ship intending to depart or proceed on a voyage from a port or place designated under section 260 shall give notice to an officer appointed in this behalf by the Government, hereinafter called the Certifying Officer, stating that the ship is to carry special trade passengers and also specifying her destination and the time at which it is proposed to depart or proceed.
 
 
 
 
(2) The notice under sub section (1) shall be given not less than 24 hours before the time of the ship's departure from the first port in Bangladesh at which passengers are embarked.
 
 
 
 
(3) The owner, agent and master of a ship in respect of which the provisions of sub section (1) are not complied with shall each be punishable with a fine which may extend to ten thousand Taka.
Power to board and inspect ship
262. (1) After receiving the notice under section 261, the Certifying Officer or a person authorised by him may at all times board the ship and inspect her and her fittings and the provisions and stores on board.
 
 
 
 
(2) If the Certifying Officer or the person so authorised finds that any of the rules concerning accommodation for special trade passengers has not been complied with or that any of the fittings is in disrepair or that the ship is not provided with the required provisions, water and stores for special trade passengers, he shall communicate his findings to the Principal Officer, who shall cause the aforementioned items to be resurveyed and the Special Trade Passenger Ship Safety Certificate or the Special Trade Passenger Ship Space Certificate, or both, may be withdrawn until the deficiencies are rectified.
 
 
 
 
(3) If a person impedes or refuses to allow any entry or inspection under sub section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with a fine which may extend to ten thousand Taka, or with both.
Certification and survey
263. (1) The provisions of Chapter 19 apply to special trade passenger ships as they apply to other passenger ships and no special trade passenger ship shall proceed on any voyage unless she has, in addition to the Passenger Ship Safety Certificate prescribed in Chapter 19, a Special Trade Passenger Ship Safety Certificate, together with a Special Trade Passenger Ship Space Certificate, both of which shall be issued in duplicate, by the Principal Officer on receipt of a declaration of survey stating that a special trade passenger ship complies with the applicable requirements relating to special trade passenger ships.
 
 
 
 
(2) The Certifying Officer or person so authorised by sub section (1) of section 262 to inspect the ship, shall, if he is satisfied that he can with propriety do so, grant to the master a certificate for clearance, that is to say, a certificate stating that all the requirements of this Part have been duly complied with and that in his opinion the ship is in all respects fit for the intended voyage and that the special trade passengers are in a fit state to proceed and that, if the ship is a pilgrim ship, the master's bond has been executed.
 
 
(3) A special trade passenger ship attempting to go to sea may be detained until the certificates required by this section are produced to the Collector of Customs.
 
 
 
 
(4) The Special Trade Passenger Ship Safety Certificate and the Special Trade Passenger Ship Space Certificate may be combined in one document and shall be issued for a period not exceeding one year.
Special power to make rules
264. Without prejudice to the powers to make rules under section 259, the Government may, by notification in the official Gazette, make rules relating to requirements for special trade passenger ships which may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the accommodation space required to be provided, which shall include the location of such accommodation and space in the ship, provision of bunks and specifications thereof, number of hospitals, lavatories, supply of light and ventilation and the provision of airing spaces and awnings;
 
 
 
 
(b) provision for the separation of different categories of passengers;
 
 
 
 
(c) the number of persons to be carried on a special trade passenger ship;
 
 
 
 
(d) the seasons of fair weather during which periods passengers may be accommodated on the weather deck;
 
 
 
 
(e) the seasons of foul weather during which periods passengers may not be accommodated on the weather deck except for the use of the deck as airing space as may be required to be provided in the rules made under this section;
 
 
 
 
(f) the classification of voyages with reference to the distance between the port of departure and the port of destination, the duration of the voyage, or any other consideration which the Government may think fit to take into account for the purpose;
 
 
 
 
(g) the prohibition or regulation of the carriage of cargo in any space reserved for passengers;
 
 
 
 
(h) the disposal of baggage of passengers on board the ship and the provision of separate space in between the decks for the storage of light baggage;
 
 
 
 
(i) the licensing, supervision and control of persons engaged in assisting persons to obtain special trade passenger accommodation in ships departing or proceeding from any port or place in Bangladesh and the prohibition of unlicensed person from being so engaged; and
 
 
 
 
(j) any other matter which is to be made or may be prescribed under this Chapter.
Cooking food prohibited
265. Special trade passengers shall not be permitted to cook food on board.
Applicability of section 254 to certain certificates
266. The provisions of section 254 shall, mutatis mutandis, apply to Special Trade Passenger Ship Safety and Space Certificates as they apply to Passenger Ship Safety Certificates.
List of departing special trade passenger
267. (1) The master of every special trade passenger ship departing or proceeding on a voyage from any port or place in Bangladesh shall sign a statement in duplicate in the prescribed form specifying the total number, indicating the number of each sex, of all special trade passengers embarked and the number of crew, and such other particulars as may be prescribed, and shall deliver both copies to the Certifying Officer, who shall thereupon, after first having satisfied himself that the entries are correct, countersign and return to the master one of the copies.
 
 
 
 
(2) If, at any time after the passenger list has been signed and delivered as aforesaid, any additional special trade passenger is taken on board, the master shall add to his copy of the list, and also enter on an additional list signed by him, the prescribed particulars of every such additional passenger.
 
 
 
 
(3) The master's amended copy of the list shall be signed by the Certifying Officer at the time at which he delivers the additional list to that officer.
 
 
 
 
(4) The foregoing requirements are in addition to, and not in substitution for, the passenger returns required by section 258.
List of arriving special trade passenger
268. (1) The master of every special trade passenger ship arriving at any port or place in Bangladesh at which it is intended to disembark special trade passengers, shall, before any such passenger is landed, deliver to the Certifying Officer appointed thereat a statement signed by him specifying the total number, indicating the number of each sex, of all the special trade passengers on board and the number of other passengers and the number of crew and such other particulars as may be prescribed.
 
 
 
 
(2) The foregoing requirements of this section are in addition to, and not in substitution for, the passenger returns required by section 258.
Deaths on Board
269. The master of every special trade passenger ship, in addition to recording in the official log book every case of death happening on board, shall note on the copy of the statement returned to him under section 267 and on any additional list signed by him, the date and supposed cause of death of any special trade passenger who dies on board, and shall, when the ship arrives at her destination and before any such passengers are disembarked, produce the statement,-
 
 
 
 
(a) where such destination is in Bangladesh, to the Collector of Customs;
 
 
 
 
(b) where such destination is outside Bangladesh, to the Bangladesh Consular Officer.
Medical Officers and attendants
270. (1) Every special trade passenger ship which has on board more than one hundred persons, which number shall include special trade passengers, cabin passengers and crew, shall have on board a Medical Officer possessing such qualifications as may be prescribed. If the number of such persons exceeds one thousand, two such Medical Officers shall be carried and if the number exceeds two thousand, three such Medical Officers shall be carried. In addition to the aforementioned Medical Officers there shall also be carried such attendants as may be prescribed.
 
 
 
 
(2) The services of all such Medical Officers and attendants shall be provided without charge to all special trade passengers on board.
 
 
 
 
(3) Any person who charges a special trade passenger for the services of a Medical Officer or attendant shall, for each offence, be punishable with fine which may extend to two thousand Taka.
 
 
 
 
(4) Every such Medical Officer shall keep diaries and submit reports or other returns as may be prescribed.
 
 
 
 
(5) If Medical Officers and attendants are not carried on a special trade passenger ship in accordance with the provisions of sub section (1), the master and owner shall each be liable to a fine not exceeding twenty thousand Taka.
Penalty for non compliance with requirements as to statements concerning special trade passengers
271. The master of a special trade passenger ship shall, if he fails to comply with any of the requirements of sections 267, 268 or 269 as to the statements concerning special trade passengers, or wilfully makes any false entry in any such statement, for each offence, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand Taka, or with both.
Penalty for failing to supply special trade passengers with prescribed provisions
272. (1) If the master of a special trade passenger ship, or any contractor employed by him for the purpose, should, without reasonable cause, the burden of proving which shall lie upon him, omit to supply to any special trade passenger the prescribed allowance of food and water, he shall be punishable with fine which may extend to twenty thousand Taka for every special trade passenger who has not been supplied with such allowance.
 
 
 
 
(2) Where, under the terms of the ticket issued to him, a special trade passenger is not entitled to the supply of food as aforesaid, sub section (1) shall have effect in relation to such passenger as if reference therein to “food” were omitted.
Penalty for ship unlawfully departing or receiving passengers on board
273. (1) If a special trade passenger ship departs or proceeds on a voyage from or lands special trade passengers at any port or place within Bangladesh in contravention of the provisions of this Chapter, or if a person is received as a special trade passenger on board any such ship in contravention of any such provision, the master or owner shall, for every special trade passenger carried in the ship, or for every special trade passenger so landed or received on board, be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five thousand Taka, or with both:
 
 
Provided that the aggregate term of imprisonment awarded under this section shall not exceed two years.
 
 
 
 
(2) The Collector of Customs, if he has reasonable grounds to believe that the master or owner of a ship has incurred any penalty under sub section (1), may seize and detain the ship, whenever found in any port or place within Bangladesh, until the penalties so incurred have been adjudicated and the payment of the fines, if any, imposed on the master or owner, with all costs, has been enforced.
Penalty for fraudulent alteration in ship after certificate obtained
274. If the master or a special trade passenger ship after having obtained any of the certificates mentioned in this Chapter fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, or her special trade passengers, or other matters to which the certificate relates, he shall be punishable with imprisonment for a term which may extend to one year, or with a fine which may extend to twenty thousand Taka, or with both.
Penalty for landing special trade passenger at a port or place other than that contracted for
275. If the master of a special trade passenger ship lands any special trade passenger at any port or place other than the port or place contracted for by the passenger, except with his previous consent, or except when the landing is made necessary by perils of the sea or an unavoidable accident, the master shall, for each offence, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand Taka, or with both.
Forwarding of passengers by Bangladesh Consular Officers
 
 
 
 
276. (1) If any special trade passenger from a ship which is on a voyage from any port or place in Bangladesh finds himself, without any neglect or default of his own at any port or place outside Bangladesh other than the port or place for which the ship was originally bound, or at which he has contracted to be landed, the Bangladesh Consular Officer at or near that port or place may forward the passenger to his intended destination, unless the master, owner or agent of the ship gives to that officer, within forty eight hours of the arrival of the passenger, a written undertaking to forward the passenger within six weeks thereafter to his original destination and forwards him accordingly within that period.
 
 
 
 
(2) A passenger so forwarded by a Bangladesh Consular Officer shall not be entitled to the return of his passage money or to any compensation for loss of passage.
Recovery of expenses incurred in forwarding passengers
277. (1) All expenses incurred under section 276 by a Bangladesh Consular Officer in respect of the forwarding of a passenger to his destination, including the cost of maintaining the passenger until he is forwarded to his destination, shall be a debt due to the Government jointly and severally from the owner, charterer, agent and master of the ship on board which the passenger had embarked.
 
 
 
 
(2) In any proceeding for the recovery of that debt, a certificate purporting to be under the hand of the Bangladesh Consular Officer and stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the fact that the same were duly incurred.
Information to be sent to ports of embarkation and disembarkation
278. (1) The officer appointed by the Government in this behalf at any port or place within Bangladesh at which a special trade passenger ship touches or arrives shall send any particulars which he may deem important respecting the special trade passenger ship, and the special trade passengers carried therein, to the officer so appointed at the port or place from which the ship commenced her voyage, and to the officer appointed at any other port or place within Bangladesh where the special trade passengers or any of them embarked or are to be disembarked.
 
 
 
 
(2) The officer aforesaid may go on board any such ship and inspect her in order to ascertain whether the provisions of this Chapter as to the number of special trade passengers and other matters have been complied with.
Information sent under section 278, etc. to be admissible in evidence
279. In any proceeding for the adjudication of any penalty incurred under this Chapter, any document purporting to be particulars sent under sub section (1) of section 278, or a copy of the proceedings of any Court duly authenticated, and also any like document purporting to be made and signed by a Bangladesh Consular Officer shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this Chapter is held.
Additional provisions for special trade passenger ships carrying pilgrims
280. (1) Special trade passenger ships carrying pilgrims shall, in addition to complying with the foregoing provisions of this Chapter, comply with sections 281 to 294.
 
 
 
 
(2) Sections 281 to 293 shall not apply to special trade passenger ships not carrying pilgrims.
Bond where special trade passenger ship is to carry pilgrims on outward voyage
281. (1) Port clearance shall not be granted from any port in Bangladesh to any special trade passenger ship carrying pilgrims unless the master, owner or agent and two sureties resident in Bangladesh have executed, in favour of the Government, a joint and several bond for the sum of fifty lakh Taka covering all voyages which may be made by the ship in the current pilgrimage season on the conditions that-
 
 
 
 
(a) the master and medical officer or officers, if any, shall comply with the provisions of this Chapter and the rules made thereunder, and
 
 
 
 
(b) the master, owner or agent, as the case may be, shall pay any sum claimed by the Government under section 288.
 
 
 
 
(2) A bond may be given under this section covering any or all of the pilgrim ships owned by one owner, and in such case the amount of the bond shall be one lakh Taka for each ship covered.
Medical inspection and permission required before embarkation of pilgrims
282. (1) No pilgrim shall be received on board any special trade passenger ship at any port or place in Bangladesh unless and until he has been medically inspected at such time and place and in such manner as the Government may fix in this behalf nor until the Certifying Officer has given permission for the embarkation of pilgrims to commence.
 
 
 
 
(2) So far as may be practicable, and subject to any rules made in this behalf, the medical inspection of female pilgrims shall be carried out by female medical officers.
 
 
 
 
(3) No pilgrim shall be received on board any special trade passenger ship unless he produces medical certificates signed by persons who, in the opinion of the officer making an inspection under this section, are duly qualified to grant such certificates showing that the pilgrim has been, inoculated and vaccinated against such diseases and quarantined for such period, as may, from time to time, be prescribed.
 
 
 
 
(4) If, in the opinion of the officer making an inspection under this section any pilgrim is suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, such pilgrim shall not be permitted to embark.
 
 
 
 
(5) All articles which have been contaminated by persons suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, or are suspected of having been so contaminated shall, before being taken on board a special trade passenger ship, be disinfected, under the supervision of a medical officer appointed by the Government for the purpose, in such manner as may be prescribed.
 
 
 
 
(6) If the master of any ship knowingly receives on board any pilgrim or contaminated articles in contravention of any of the provisions of this section, he shall be punishable with fine which may extend to ten thousand Taka for each such pilgrim or one thousand Taka for each such article, or with imprisonment for a term which may extend to one year, or with both.
Medical inspection after embarkation in certain cases
283. (1) If, in the case of a special trade passenger ship, after all the pilgrims have been received on board, there is reason to suspect that any person on board is suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, a medical inspection of all persons on board may be held in such manner as the Government may direct.
 
 
 
 
(2) If on such inspection any person is found to be suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, he shall, together with all articles belonging to him, be at once removed from the ship.
 
 
 
 
(3) If the master knowingly keeps on board any pilgrim or article ordered to be removed under this section, he shall be punishable with fine which may extend to ten thousand Taka for each such pilgrim or one thousand Taka for each such article, or with imprisonment for a term which may extend to one year, or with both.
Return passage to be secured
284. No pilgrim shall be received on board any special trade passenger ship at any port or place in Bangladesh unless he-
 
 
 
 
(a) is in possession of a return ticket, or
 
 
 
 
(b) has deposited in the prescribed manner such sum for the purpose of defraying the cost of a return ticket as the Government may, by notification in the official Gazette, specify:
 
 
 
 
Provided that the officer authorised in this behalf by the Government may, if he is satisfied that it is inexpedient in the special circumstances of the case to enforce all or any of the above requirements, exempt any pilgrim from the same.
Issue or production of tickets

285. (1) Every pilgrim travelling on a special trade passenger ship shall be entitled, on payment of his passage- money and fulfilment of other prescribed conditions, if any, to receive a ticket in the prescribed form, and shall be bound to produce it to such officers and on such occasions as may be prescribed and otherwise to deal with it in the prescribed manner:

 
 
 
 

Provided that a pilgrim who has not been exempted under the proviso to section 284 shall not be given a ticket other than a return ticket unless he has made deposit required by that section.

 
 
 
 

(2) Any ticket issued to a pilgrim for a voyage on a special trade passenger ship shall entitle him to receive food and water on the scale and of the quality prescribed and necessary medicines and medical treatment free of further charge throughout the voyage.

Refund of deposits and passage money
286. (1) Every pilgrim prevented from embarking under section 282, or removed from the ship under section 283, or otherwise prevented from proceeding, shall be entitled to the refund of any passage money which he may have paid, and of any deposit which he may have made under section 284.
 
 
 
 
(2) Any pilgrim who, within three months of his sailing from Bangladesh, satisfies the Bangladesh Consular Officer at Jeddah that he intends to remain in the Hedjaz or to return to Bangladesh by a route other than the route by which he came from Bangladesh, shall be entitled to a refund of any deposit made by him under section 284 or, if he is in possession of a return ticket, to a refund of half the passage money paid by him.
 
 
(3) Where any pilgrim dies in the Hedjaz or on the voyage thereto, any person nominated by him in this behalf in writing in the prescribed manner, or, if no person has been so nominated, his legal representative, shall be entitled to a refund of any deposit made by such pilgrim under section 284, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim.
 
 
 
 
(4) Where any pilgrim fails to return to Bangladesh from the Hedjaz within six months of his departure from Bangladesh, or returns to Bangladesh by a route other than the route by which he came from Bangladesh, he or any person nominated by him in this behalf in writing in the prescribed manner shall be entitled to a refund of any deposit made by such pilgrim under section 284, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim, except where such deposit or passage money has already been refunded under this section.
 
 
 
 
(5) Refunds under sub sections (1), (2), (3), and (4) of deposits shall be subject to such conditions and of passage money to such deductions and conditions as may be prescribed.
Unclaimed deposits and passage money to vest in Government
287. (1) All deposits made under section 284, which have been unclaimed for the prescribed period shall vest in the Government.
 
 
 
 
(2) If any pilgrim entitled to a refund of passage money under sub section (1) of section 286, does not claim such refund within the prescribed period, or if any pilgrim who has purchased a return ticket does not, on the basis of such ticket, obtain a return passage from the Hedjaz within the prescribed period and half the passage money has not been refunded under sub section (2) or sub section (3) or sub section (4) of section 286, such passage money or, as the case may be, half the passage money shall vest in the Government.
 
 
 
 
(3) Unclaimed deposits and passage money vesting in the Government under sub section (1) or sub section (2) shall be made over to such authority administering any fund maintained for the assistance of pilgrims as the Government may, by general or special order, designate in this behalf.
Cost of return journey of pilgrims on ships other than those for which return ticket is available
288. (1) The master, owner or agent of a special trade passenger ship carrying pilgrims shall make all arrangements for ensuring the return from Jeddah, within a period of ninety days after the Hajj day in the year, of all pilgrims in possession of return tickets issued in Bangladesh who are carried to the Hedjaz by such ship:
 
 
 
 
Provided that for the purpose of computing the said period of ninety days, no period shall be taken into account during which the ship is prevented from carrying pilgrims on the return passage by reason of the port of Jeddah, having been declared by proper authority to be infected, or by reason of war disturbance, or any other cause not arising from any act or default of the master, owner or agent.
 
 
 
 
(2) Where any such pilgrim who has notified the authority in the prescribed manner his desire to embark for the return voyage is, owing to his inability to obtain accommodation within the period of ninety days as aforesaid, detained at Jeddah beyond that period, the master, owner or agent of the ship in which such pilgrim was carried to the Hedjaz shall reimburse to the Government in respect of such pilgrim the actual expenditure incurred for his repatriation, together with a sum of one hundred Taka for each day after the expiry of the period aforesaid during which the pilgrim has been detained at Jeddah.
 
 
 
 
(3) A certificate of such detention purporting to be made and signed by the Bangladesh Consular Officer at Jeddah shall be received in evidence in any Court in Bangladesh without proof of the signature or of the official character of the person who has signed the same.
Notice of proceeding of special trade passenger ship carrying pilgrims on voyage
289. (1) The master, owner or agent of any ship which is intended to proceed on a voyage as a special trade passenger ship carrying pilgrims from any port or place in Bangladesh shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrims by such ship or selling or permitting any person to sell a passage ticket to any pilgrim for conveyance by such ship, supply to the prescribed officer, hereinafter referred to as the Port Hajj Officer, at the port or place from which the ship is to commence the voyage and at each port or place in Bangladesh at which she is to touch for the purpose of receiving pilgrims on board, full particulars as to the class, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class of ticket, the date on which the ship is to depart or proceed on a voyage from that port or place, the ports, if any, at which she is to touch, the destination of the ship, and the probable date of her arrival thereat.
 
 
 
 
(2) The master, owner or agent shall supply to the Port Hajj Officer, within three days from the date of demand, such further information in regard to the matters mentioned in sub section (1) as that officer may in writing demand from him.
 
 
 
 
(3) The master, owner or agent of a ship intending to carry pilgrims shall at such time, not being less than ten days preceding the date of departure or proceeding on voyage of the ship from any port or place in Bangladesh as may be prescribed, advertise at such port or place in the prescribed manner-
 
 
 
 
(a) the destination of the ship,
 
 
 
 
(b) the proposed date of departure or proceeding on voyage from that port or place which shall be the date communicated to the Port Hajj Officer under sub section (1), and
 
 
 
 
(c) the price of each class of passage ticket, which shall not be in excess of the price communicated to the Port Hajj Officer under sub section (1).
 
 
 
 
(4) The master, owner or agent of a ship shall be punishable with a fine which may extend to twenty thousand Taka, if he-
 
 
 
 
(a) without reasonable cause, the burden of proving which shall lie upon him, fails or refuses to supply any particulars or information which he is by, or under, this section required to supply, or supplies false particulars or information, or
 
 
 
 
(b) advertises any ship for the conveyance of pilgrims or offers to convey pilgrims by any ship, or sells or promises or permits any person to sell passage tickets to pilgrims for the conveyance by any ship, without having first supplied the particulars required by sub section (1) and in accordance with the provisions of that sub section, or
 
 
(c) advertises a date of departure or proceeding on voyage from any port or place other than the date communicated to the Port Hajj Officer at that port or place under sub section (1), or advertises a price for passage tickets at that port or place in excess of the price so communicated, or
 
 
 
 
(d) offers to convey pilgrims by any ship from any port or place in Bangladesh or sells or promises or permits any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having advertised as required by sub section (3), the matters specified in that sub section, or
 
 
 
 
(e) sells or permits any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the Port Hajj Officer under sub section (1).
Compensation for delay in departing or proceeding on voyage
290. (1) If a ship fails to depart or proceed on voyage from any port or place on the date advertised under sub section (3) of section 289, the master, owner or agent shall be liable to pay as compensation to each pilgrim who has paid his passage money on or before that date the sum of fifty Taka for each completed day during which the departure or proceeding on voyage of the ship is delayed after that date:
 
 
 
 
Provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owing to any cause not arising from the act or default of the master, owner or agent, the burden of proving which shall lie on the master, owner or agent:
 
 
 
 
Provided further that, where compensation has been paid or has become payable to any pilgrim in respect of delay in the departure or proceeding on voyage of the ship from any port or place and the departure or proceeding on voyage of the ship from any other port or place is thereafter delayed, the pilgrim shall be entitled to compensation only in respect of any period by which the duration of such further delay exceeds the duration of the delay in respect of which he has already received or become entitled to compensation.
 
 
 
 
(2) In the event of such failure as is referred to in sub section (1), the master, owner or agent shall be bound forthwith to inform the Port Hajj Officer at the port or place at which the delay occurs of the number of passage tickets of each class which have been issued for the voyage on or before the advertised date of departure or proceeding on voyage.
 
 
 
 
(3) Any sum payable to the pilgrims as compensation under sub-section (1) shall be paid to the Port Hajj Officer at the port or place at which the delay occurs by the master, owner or agent on receipt by him of a notice from that Officer specifying the sum payable; and the Port Hajj Officer shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect of his detention:
 
 
 
 
Provided that, if an objection is made by the master, owner or agent that the sum specified in any such notice or any part of such sum is not payable by him, the sum paid or, as the case may be, the balance thereof remaining after payment to the pilgrims entitled thereto of compensation the right to which is not in dispute, shall be held in deposit until the objection has been decided:
 
 
 
 
Provided further that if, for any reason, the compensation due to any pilgrim cannot be paid to him at the time of embarkation or at or before the time of his disembarkation at the port of his destination, the sum so remaining unpaid shall be made over to such authority as is referred to in sub section (3) of section 287.
 
 
 
 
(4) If the master, owner or agent objects that the sum specified in the notice issued under sub section (3) or any part thereof is not payable by him, he may, at the time of payment of such sum, give to the Port Hajj Officer notice of his objection, together with a statement of the grounds thereof, and the Port Hajj Officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub section (3), or refer the objection for decision to a Magistrate of the first class exercising jurisdiction in the port or place at which the ship is delayed; and the decision of the Magistrate on such reference shall be final.
 
 
(5) If the Magistrate decides on a reference under sub section (4) that any sum held in deposit is not payable as compensation under sub section (1), such sum shall be refunded to the master, owner or agent, as the case may be.
 
 
 
 
(6) On the failure of any ship carrying pilgrims to depart or proceed on a voyage from any port or place on the date advertised under sub section (3) of section 289, the Port Hajj Officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port clearance to ships thereat, and such officer shall refuse port clearance to the ship until the master, owner or agent produces to him a certificate of the Port Hajj Officer that all sums payable by way of compensation under this section up to the day on which the ship is to depart or proceed on voyage have been paid.
 
 
 
 
(7) Nothing in this section or in section 289 shall apply to any advertisement made before the time prescribed under sub section (3) of section 289, and intended to give the public information of the approximate date of the departure or proceeding on voyage of a ship carrying pilgrims, where such advertisement clearly states that the date so advertised is approximate only and that the correct proposed date will be advertised later.
Substitution of ships
291. Notwithstanding anything contained in section 289 or 290, where any ship which has been advertised under sub section (3) of section 289, for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised date of departure or proceeding on voyage, the owner or agent may, with the permission in writing of the Government, substitute for it any other ship which is capable of carrying not less than the same number of each class, and where the ship is substituted with such permission, the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship.
Sanitary taxes payable by the Master
292. The amount of the sanitary taxes imposed in respect of the pilgrims by any lawful authority at the ports visited by a ship shall be paid by the master thereof.
Power to make rules
293. (1) The Government may, by notification in the official Gazette, make rules to carry out the purposes of this Chapter.
 
 
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the basic scale on which, and the manner in which, food and water are to be supplied to pilgrims, and the quality of such food and water;
 
 
 
 
(b) the kinds of food to be provided for pilgrims on payment, in addition to the food to be supplied in accordance with the basic scale;
 
 
 
 
(c) the nature and the extent of the hospital accommodation and the medical stores, disinfectants, and other appliances and fittings to be provided on board free of charge to pilgrims for maintaining health, cleanliness and decency;
 
 
 
 
(d) the form of the statements to be furnished by the master under sections 267 and 268 and the particulars to be entered therein;
 
 
 
 
(e) the appointment of Medical Officers and other attendants in cases where they are required by this Chapter to be carried;
 
 
 
 
(f ) the manner in which contaminated articles shall be disinfected before being taken on board a pilgrim ship;
 
 
 
 
(g) the manner in which deposits shall be made for the purposes of section 284, and any matter in respect of which provision is, in the opinion of the Government, necessary or expedient for the purpose of giving effect to the provisions of that section;
 
 
 
 
(h) the supply of tickets to intending pilgrims, the form of such tickets and the conditions and other matters to be specified thereon;
 
 
 
 
(i) the refund of deposits and passage money under section 286 and the manner in which persons shall be nominated under that section for the purpose of entitling them to a refund;
 
 
(j) the period after which unclaimed passage money and deposits liable to be refunded shall vest in the Government and the purposes to which sums so vested shall be applied;
 
 
 
 
(k) the manner in which the proposed date of departure or proceeding on voyage shall be advertised under section 289, and manner in which payment shall be made under section 290 to pilgrims and to the Port Hajj Officer; and the procedure to be followed by masters, owners or agents and by Port Hajj Officers and Magistrates in proceedings under that section;
 
 
 
 
(l) the local limits within which, and the time and mode at and in which, pilgrims shall be received on board or disembarked at any port or place appointed under this Chapter in that behalf.
 
 
 
 
(3) If the master or a Medical Officer, if any, of a ship carrying pilgrims, without reasonable cause, the burden of proving which shall lie upon him, contravenes, or omits or neglects to comply with, any rule under this Chapter, he shall, for each offence, be punishable with a fine which may extend to twenty thousand Taka.
Compliance with International Health Regulations
294. The Special Trade Passenger Ships shall comply with the International Health Regulations (1969) having regard to the circumstances and the nature of the voyage within the meaning of the said Health Regulations.
 
 
 
 

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Ministry of Law, Justice and Parliamentary Affairs