Prevention of overloading or overcrowding
408. (1) The Government may, by notification in the official Gazette, make rules to regulate the carriage of cargo or passengers in sailing vessels and the protection of life and property on board such vessels.
(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 assignment of free board to sailing vessels;
(b) the marking of such free board on such vessels and the maintenance of such markings;
(c) the survey of the space allotted to passengers on board such vessels; and
(d) the scale and type of accommodation to be provided for each passenger.
(3) Any sailing vessel attempting to proceed to sea without free-board markings or any sailing vessel which has been so loaded as to submerge such markings may be detained by the Principal Officer, Surveyor or Collector of Customs, until free board markings are made in accordance with the rules made under sub section (1) or the vessel is so loaded that such markings are not submerged.
(4) Nothing in this section relating to survey of spaces allotted to passengers or the scale or type of accommodation to be provided for each passenger shall apply to any sailing vessel
which has been surveyed under Part V, nor shall anything in this section relating to free board apply to any sailing vessel in respect of which a load line has been assigned under Part VI.
(5) If any sailing vessel arrives at a port or place in Bangladesh with a number of passengers in excess of the number which the vessel is certified to carry, or arrives at such port or place with the free board markings submerged, the owner and skipper shall, for each offence, be punishable with fine which may extend to ten thousand Taka:
Provided that the fine shall not exceed an amount calculated at the rate of five hundred Taka for every passenger in excess as aforesaid or one thousand Taka for every inch by which the free board markings are submerged.