প্রিন্ট

18/07/2024
Laws of Bangladesh

Territorial Waters and Maritime Zones (Amendment) Act, 2021

( ২০২১ সনের ২৯ নং আইন )

Act No. XXVI of 1974 এ section 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 এবং 36 এর সংযোজন

১৪ উক্ত Act এর section 9 এর পর নিম্নরূপ section 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 এবং 36  সংযোজিত হইবে, যথা:-

“10. Trafficking in persons by sea.In case of trafficking in person by sea, the provisions of the Prevention and Suppression of Human Trafficking Act, 2012 (Act No. 3 of 2012) shall be applicable.

Explanation.- Notwithstanding anything contained in the Prevention and Suppression of Human Trafficking Act, 2012 (Act No. 3 of 2012), for the purpose of this section, “trafficking in persons by sea” includes the recruitment, transportation, transfer, selling or buying, harbouring or receipt of persons, exchange, expulsion or exile, forced prostitution or slavery, abduction, detention or involvement in any other unlawful acts  by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of persuasion, of temptation, of violence, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits in cash or in kind to achieve the consent of a person having control over another person, for the purpose of sexual exploitation, harassment and labour exploitation.

11. Right of visit of a ship.- (1) A warship or authorized ship or aircraft in the service of Bangladesh which encounters on the High Seas a foreign ship, other than a ship entitled to complete immunity, is justified in boarding it if there is reasonable ground for suspecting that the ship is engaged in piracy, slave trade, unauthorized broadcasting, or the ship is without nationality, or through flying a foreign flag or refusing to show its flag, the ship is, in reality, of the nationality of another State.

(2) In the cases provided for in sub-section (1), the warship or authorized ship or aircraft of Bangladesh, may send a boat or board under the command of an officer of Bangladesh Navy or Bangladesh Coast Guard to the suspected ship, and if necessary, proceed to a further examination on board the ship.

12. Arrest and seizure of pirate ship or aircraft, etc.(1) On the High Seas, or in any other place outside the jurisdiction of any State, Bangladesh may seize a pirate ship or aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board.

(2) A seizure on account of piracy may be carried out by warship or military aircraft, or other ship or aircraft clearly marked and identifiable as being on government service and authorized to that effect.

13. Jurisdiction over a ship.- (1) Bangladesh shall have jurisdiction over a ship which is navigating, or is scheduled to navigate into, through or from waters beyond the outer limit of the Territorial Sea of Bangladesh, or the lateral limits of its Territorial Sea and Internal Waters of Bangladesh with adjacent States.

(2) The Government may take such measures as may be necessary to establish its jurisdiction over the offences set forth when an offence is committed-

(a)    against or on board a ship ying the flag of a State at the time the offence is committed;

(b)    in the territory of Bangladesh, including its Internal Waters and Territorial Sea; and

(c)    by a national of that State:

Provided that this provision shall not apply to a warship or a ship owned or operated by a State when being used as a naval auxiliary or for customs, fiscal, immigration and sanitary purposes; or a ship which has been withdrawn from navigation or laid up:

Provided further that nothing in this section shall prejudice the immunities of warships and other government ships operated for non-commercial purposes.

14. Extradition.- The Government may, subject to laws for the time being in force, extradite any pirate or any person accused of piracy, armed robbery against ships at the request of another State who is a party to Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 1992.

15. Punishment for violation of innocent passage.- (1) The passage of a foreign vessel is not innocent and shall be considered as an offence if the vessel, while in the Territorial Sea, engages in-

(a) any threat or use of force against the sovereignty, territorial integrity or political independence of Bangladesh or any other act which violates the principles of international law embodied in the Charter of the United Nations;

(b) any exercise or practice with weapons of any kind, any act aimed at collecting information, which would be prejudicial to the defence or security of Bangladesh, any act of propaganda circulated to affect the defence or security of Bangladesh, launching of, landing on any aircraft from ship launching of, landing on board of any military device;

(c) loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws of Bangladesh;

(d) any act of wilful pollution in contravention of the Convention and the Bangladesh Environment Conservation, Act 1995 (Act No.1 of 1995);

(e) any fishing activities or carrying out of research or surveying activities;

(f) any act designed to interfere with any system of communication or any other facility or installation in Bangladesh or any other activity not directly related to its passage which is prejudicial to the peace, good order and security of Bangladesh.

(2) Any person who commits an offence specified in sub-section (1) shall be punishable with imprisonment for a term which may extend to 5 (five) years or with fine of minimum taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both.

(3) Where the offence is continued after conviction, the master and the other persons who were convicted, each commits a further offence and shall be liable on conviction to a double punishment and in addition the Maritime Tribunal may order the forfeiture of the vessel or submarine.

16. Punishment for contravention of law by submarine or any other underwater vehicle.- If any submarine or any other underwater vehicle except warships, while passing through the Territorial Sea, does not show its flag, shall be punishable with imprisonment for a term which may extend to 5 (five) years and with fine which may extend to taka 40 (forty) crore or with both and in addition, the Tribunal may order the forfeiture of the vessel or submarine and equipment used in the commission of the offence.

17. Punishment for throwing nuclear or hazardous wastes.- If a master of a foreign vessel discharges or permits to discharge any nuclear or other dangerous, noxious or harmful substance or hazardous waste in the Internal Waters and Territorial Sea, it shall be an offence and the master of the vessel shall be punishable with imprisonment for a term which may extend to 7 (seven) years or with fine which may extend to taka 110 (one hundred ten) crore but shall not be less than taka 80 (eighty) crore or with both.

18. Punishment for offence in Contiguous Zone.- If any person contravenes or attempts to contravene the customs, fiscal, immigration or sanitary laws in the Contiguous Zone or enters Bangladesh having committed an offence in the Contiguous Zone, it shall be an offence and shall be punishable with imprisonment for a term shall not be less than 2 (two) years which may extend to 7 (seven) years or with fine shall not be less than taka 10 (ten) crore which may extend to taka 35 (thirty five) crore or with both.

19. Punishment for offences in Exclusive Economic Zone.- If any person violates the provisions of section 5A, shall be punishable with imprisonment for a term shall not be less than 3 (three) years or with fine which shall not be less than taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both and in addition, the Tribunal may order the forfeiture of any vessel and equipment used in the commission of the offence.

20. Punishment for offences in the Continental Shelf.- If any person violates the provisions of section 7B, shall be punishable with imprisonment for a term which shall not be less than 3 (three) years with fine shall not be less than taka 10 (ten) crore which may extend to taka 28 (twenty eight) crore and in addition, the Tribunal may order the forfeiture of any vessel and equipment used in the commission of the offence.

21. Punishment for breaking or injuring a submarine cable, telegraphic or telephonic communications, etc.- The act of breaking or injuring a submarine cable beneath the High Seas, wilfully or by culpable negligence, in such a manner as to liable to interrupt or obstruct telegraphic or telephonic communications, and similarly the breaking of a submarine pipeline or high-voltage power cable, and to conduct calculated or likely to result in such breaking or injury is a punishable offence and shall be punishable with imprisonment for a term shall not be less than 3 (three) years with fine shall not be less than taka 5 (five) crore which may extend to taka 10 (ten) crore or with both:

Provided that this provision shall not apply to any break or injury caused by legally appointed persons for saving the ship and lives who acted merely with the legitimate object of saving lives or their ship, after having taken all necessary precautions to avoid doing so.

22. Punishment for pollution.- If any person, including a juridical person or a foreign entity, commits any of the following acts in Maritime Zones of Bangladesh shall be punishable with imprisonment which may extend to 3 (three) years, or with fine shall not be less than taka 2 (two) crore which may extend to taka 5 (five) crore, or with both, namely:-

(a) damaging behaviours, which happened in areas outside the jurisdiction of Bangladesh, but cause pollution in areas under its jurisdiction;

(b) discharge of any types of pollutants or other substances that are prohibited by this Act;   

(c) discharge of pollutants to sea without following the provisions of this Act or discharging pollutants exceeding the standard;

(d) causing of marine pollution incidents and without immediate measures to deal with due to accidents or other unexpected events;

(e) any activity affecting directly or indirectly the marine environment in coastal areas;

(f) any other violation specified by the notifications in the official Gazette.

23. Punishment for failure to take measures to prevent pollution.- If any foreign vessel or installation commits any of the following acts, the master of the vessel or the person in charge of the installation shall be punishable with imprisonment for a term which may extend to 5 (five) years, or with fine shall not be less than taka 10 (ten) crore or with both, namely:-

(a)possesses, does, or initiates anything that may cause pollution; or

(b) fails or show negligence to take measures to prevent marine pollution of all kinds, in particular from debris and nutrient pollution or pollution from sea-bed activities or pollution from activities in the Area or pollution by dumping or pollution from vessels or pollution from or through the atmosphere shall be considered as offence.

24. Punishment for piracy, armed robbery, maritime terrorism at sea and theft.- (1) Whoever commits an act of piracy or maritime terrorism at sea shall be punished with imprisonment which may extend to life term and in addition, the Tribunal may, subject to any restitution, order the forfeiture of vessel or property involved in the commission of the offence.

(2) Whoever attempts or aid or abet to commit an act of piracy or maritime terrorism shall be punishable with imprisonment for a term which may extend to 14 (fourteen) years and shall also be liable to fine.

(3) Whoever commits armed robbery at sea shall be punishable with imprisonment for a term which may extend to 10 (ten) years and shall also be liable to fine.

(4) Whoever commits theft shall be punishable with imprisonment for a term which may extend to 3 (three) years or with fine or with both.

(5) Whoever commits any act of hostage taking, transnational organized crime related to piracy, maritime terrorism and other offences against safety of maritime navigation shall be punishable with imprisonment for a term which may extend to 20 (twenty) years but shall not be less than 5 (five) years or with fine which shall not be less than taka 10 (ten) crore which may extend to taka 40 (forty) crore or with both.

25. Punishment for causing death while committing an offence under section 24.- Whoever causes death while committing an offence or attempt thereof under section 24 of this Act shall be punishable under the provisions specified for causing death or attempt thereof in the Penal Code, 1860 (Act No. XLV of 1860).

26. Presumption of offence.- If any victim of the offence or anything related to conducting the offence is recovered from the possession of any person or any place under his direct supervision or the person is identified as committer of offence by the rescued victim, if it is not proved otherwise, it may be presumed that the person has committed an offence.

27. Establishment of Maritime Tribunal.-  (1)  For the purpose of this Act, the Government may, by notification in the official Gazette, establish one or more Maritime Tribunal(s).

(2) If more than one Tribunal is established under sub-section (1), the jurisdiction of each of the Tribunals shall be determined in the notification of establishment of Tribunals.

(3) Until the establishment of Tribunal under this section, the Government may, by notification in the official Gazette, assign any District Judge or Additional District Judge of any district to perform the duties of the Maritime Tribunal, in addition to his own duties.

(4) The Tribunal shall be formed by a District Judge or Additional District Judge appointed by the Government in consultation with the Supreme Court.

(5) The Tribunal shall sit at such place or places which is determined by the Government and conduct its activities.

28. Power to investigate offence.- Notwithstanding anything contained in CrPC, for the purpose of this Act, the Government may, by notification in the official Gazette, confer on any gazetted officer of Bangladesh Navy or Bangladesh Coast Guard the power to arrest of any person and to investigate the offence under this Act.

29. Evidentiary value of pictures, electronic records, etc.- If any member from Bangladesh Navy or Bangladesh Coast Guard or any other person captures or receives a video or still photo or records any conversation in the tape-recorder or cell phone or captures any satellite image during occurrence of offences or preparation of such offences or assistance to such offences, these videos, photos or tapes or disks or satellite images shall be admissible as evidence in the trial on proof of authenticity.

30. Cognizance of offence.- The Tribunal shall not take cognizance of an offence without the written complaint made by any person authorized by the Government in this behalf.

31. Provisions as to bail.- Notwithstanding anything contained in the CrPC, the Tribunal shall not grant bail under this Act unless-

(1)    the State is allowed hearing on order for bail;

(2)    the Tribunal is satisfied that-

(a)    there is reasonable ground for believing that the accused may not be convicted;

(b)  the offence is not that serious in nature and the punishment shall not be severe if the accused is found guilty.                

32. Time limit for disposal of a case.- (1) The Tribunal shall dispose the case within 180 (one hundred and eighty) days from the date of filing of the case.

(2) If the Tribunal fails to dispose the case within the time specified in sub-section (1), it may extend the time for maximum 90 (ninety) days by recording the reasons thereof in writing.

(3) If the Tribunal fails to dispose case within the extended time under sub-section (2), it shall make a report recording the reasons thereof to the Supreme Court within 10 (ten) days from the date of such failure.

33. Power of the Tribunal.- Notwithstanding anything contained in the CrPC, the Tribunal may impose fine upon the convict as is specified for the offence.

34. Appeal.- An appeal may be preferred to the High Court Division of the Supreme Court against an order, judgement or conviction of the Tribunal within 30 (thirty) days from the date of such order, judgement or conviction.

35. Power to make rules.- For the purposes of this Act, the Government may, by notification in the official Gazette, make rules.

36.  Power to Publish Authentic Bangla Text.- The Government may, by notification in the official gazette, publish an Authentic Bangla Text of this Act.”।


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Ministry of Law, Justice and Parliamentary Affairs