REGULATORY

REQUIREMENTS AND
LEGAL ISSUES
BY
MOHIUDDIN ABDUL KADIR
MSC (WALES), LL.B, LL.M (SOTON), FNI FCILT FCIArb MASTER MARINER
ADVOCATE SUPREME COURT OF BANGLADESH

COURTS DEALING WITH MARITIME MATTERS IN

BANGLADESH

• Marine Court.

• Civil Courts.

• Admiralty Bench of the High Court Division of the Supreme

Court of Bangladesh.



LAW OF ADMIRALTY SUITS
• Admiralty Court Act, 2000.

• Admiralty Rules, 1912.

• Bangladesh Merchant Shipping Ordinance,1983.

• Maritime Conventions Act, 1911.

ADMIRALTY COURTS ACT, 2000

Application:
• Internal water includes any part of the sea adjacent to the
coast of Bangladesh as may be notified by Government to be
waters falling by International Law to be within the territorial
sovereignty of Bangladesh.States have the sovereign jurisdiction
over internal waters as they do have over other territory under
the International Law relating to territorial waters.
• Territorial waters means the limits of sea beyond the land
territory as is declared by the government from time to time
and the outer internal water measured from the baseline.

Section 3: Admiralty jurisdiction of the High

Court Division
• The High Court Division of the Supreme Court of Bangladesh
has the original jurisdiction in Admiralty matters.

• It is a single Bench.

• The name of the current Presiding Judge of the Admiralty

Bench of the High Court is Mr.Justice Khurshid Alam Sarker.

 The Admiralty Court has jurisdiction to hear and

determine any of the following questions or claims
a) Any claims as to the possession or ownership of a ship or to the ownership
of any share therein or for recovery of documents of title and ownership of
a ship, including Registration Certificate, log book and such certificates as
may be necessary for the operation or navigation of the ship;

b) Any questions arising between the co-owners of a ship as to the possession,

employment or income of that ship;

c) Any claims in respect of a mortgage or charge on a ship or any share

therein;

 To be Continued
d) Any claim for damage done by a ship;

e) Any claim for damage received by a ship;

f)  Any claim for loss of life or personal injury sustained in consequence of any defect in a ship
or in her apparel or equipment, or of any wrongful act, neglect or default of the owners,
charterers or persons in possession or control of a ship or of the master or crew thereof or any
other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons
in possession or control of ship are responsible, being an act, neglect or default in the
navigation or management of the ship, in the loading, carriage or discharge of goods on, in or
from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the
ship.

 To be Continued
(g)   any claim for loss of or damage to goods carried in a ship;
(h)  any claim arising out of any agreement relating to the carriage of goods in
a ship or to the use or hire of a ship;
(i)    any claim in the nature of salvage of life from a ship or cargo or any
property on board a ship or the ship itself or its apparel, whether services
were rendered on the high sea or within territorial waters or inland waters or
in a port, including any claim arising by virtue of the application by or under
section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960) of
the law relating to salvage to aircraft and their apparel and cargo;

 To be Continued
(j)   Any claim in respect of towage of a ship or an aircraft;

(k)  Any claim in respect of pilotage of a ship or an aircraft; 

(l)    Any claim in respect of goods or materials supplied to a ship for her operation or
maintenance;

(m) Any claim in respect of construction, repair or equipment of a ship or dock charges or dues;

(n)    Any claim for wages by a master or member of the crew of a ship or any claim for any
money or property recoverable as wages of master or member of the crew under the Merchant
Shipping Ordinance, 1983, hereinafter referred to as the Ordinance, or in the Court;

(o) Any claim for disbursements made on account of or for the purpose of a ship by the Master,
shipper, charterer or agent of the ship;

 To be Continued
(p)  Any claim arising out of an act which is or is claimed to be a general average act;

(q)  Any claim arising out of bottomry or respondentia; 

(r)   Any claim for forfeiture or condemnation of a ship or of goods which are being or
have been carried, or have been attempted to be carried, or for the restoration of a
ship or any such goods after seizure, or for droits of admiralty together with any other
jurisdiction to grant reliefs as are provided under the provisions of the said Ordinance
or any other jurisdiction which was vested in the High Court Division as a Court of
Admiralty immediately before the commencement of this Act and any other
jurisdiction as to any matter in connection with ships or aircraft which has by custom
been exercised by the High Court Division as a Court of Admiralty.

 To be Continued
The preceding provisions of this section shall apply :

(a)  in relation to all ship or aircraft, whether Bangladeshi or not and whether
registered or not and wherever the residence or domicile of their owners may
be;

(b)  in relation to all claims, irrespective of the place of claim, claims relating
to salvage or cargo or wreck or cargo or wreck found on the ground; and

(c)  in relation to mortgage and charge, to all legal and equitable mortgages or
charges, including mortgages and charges created under foreign law whether
registered or not.

 Sec 4: Mode of exercise of Admiralty Jurisdiction

of the High Court Division as the Court of Admiralty
(1) Subject to the provisions of section 5, the Admiralty Jurisdiction of the High Court
Division may in all cases be exercised in personam.
(2) In relation to claims mentioned in clauses (a) to (c) and (r) of sub section 2 of
section 3 the Admiralty Jurisdiction of the High Court Division as the Court of
Admiralty may be exercised through  action in rem against the ship or property in
question.
(3) When the amount claimed relates to any ship, aircraft or any other property over
which there is a maritime lien or other charge, the Admiralty Jurisdiction of the High
Court Division as the Court of Admiralty may be exercised through an  action in
rem against that ship, aircraft or property.

 To be Continued

4) In relation to the claims mentioned in clauses (d) to (q) of sub section 2 of section 3,
relating to any ship, the person who would be liable for the claim in an action
in personam was, when the cause of action arose, as the owner or charterer of, or person in
possession or in control of, the ship, whether the claim gives rise to a maritime lien on the ship
or not, an  action in rem  can be brought before the Admiralty Jurisdiction of the High Court
Division as the Court of Admiralty against the following ships, namely-
  (a)  if at the time when action is brought, the person has beneficial ownership over all
the shares of the ship; or         
(b) if at the time when action is brought, any other ship is under the beneficial
ownership of the said person.

 To be Continued

(5) In case of a claim for fee for towage or pilotage of any aircraft the Admiralty
Jurisdiction of the High Court Division as the Court of Admiralty may be invoked by
an action in rem against the aircraft if at the time when the action is brought it is
beneficially owned by the person who would be liable for the claim in an action in
personam.
(6) Notwithstanding anything contained in the preceding clauses of the aforesaid
section, an action in rem shall not be brought in the Admiralty Jurisdiction of the
High Court Division as the Court of Admiralty for any claim mentioned in clause
(n) of sub section (2) of section 3 unless the claim relates wholly or partly to
wages.  

 To be Continued

(7) When the High Court Division exercising its jurisdiction as the Court
of Admiralty orders any ship, aircraft or any other property to be sold,
the said Division exercising the same jurisdiction can hear and
determine any question as to the priority of title or claim in the
proceeds of sale.
(8) For the purpose of sub sections (4) and (5) to determine as to
whether a person would be liable in an  action in personam  it shall be
assumed that the said person ordinarily resides in Bangladesh or his
place of business is situated in Bangladesh.

 In personam jurisdiction of the Court in case of

collision and other similar cases
(1) No court in Bangladesh shall entertain an action in  personam  to enforce
any claim to which this section applies, unless-
(a) the ordinary residence or place of business of the Defendant
is in Bangladesh; or
(b) the cause of action arises in the inland or territorial waters
of Bangladesh or within the limits of a port of Bangladesh; or
(c) any action arising out of same incident or series of incidents
is pending in the said court or the suit has been decided
after hearing.

 SECTION-9: INDEMNITY
Nothing in this Act shall give any right to bring an
action in rem for any claim against the Republic or
to arrest, detain or sale any ship or aircraft of the
Army, Navy, Air force of the Republic, Bangladesh
Rifles, Bangladesh Police or Coast Guard. 
 Types of Lien
❑Possessory Lien.

❑Statutory Lien.

❑Maritime Lien.

 Maritime Liens

A maritime lien “adheres to the ship from the time that the facts
happened which gave the maritime lien, and then continues binding on
the ship until it is discharged either by being satisfied or from the
laches of the owner, or in any other way which by law it may be
discharged. It commences and there it continues binding on the ship
until it comes to an end”.

Per Mellish L.J. in the “Two Ellens” (1872) L.R. 4.P.C.161

 Maritime Liens (Contd)

➢Claim for damage done by a ship.

➢Claim for salvage.

➢Claim for Master’s and Seamens Wages.

 Admiralty Rules 1912

• Applies to Admiralty suits instituted after 1st June 1912.
• Suits to be filed by drawing up plaintis and vertified as per the Code of
Civil Procedure 1908.
• Arrest Warrants to be issued after filing of Affidavits.
• Service of warrant to be made by the Marshal of the Court.
• Property arrested by warrant shall only be released under the
authority of an instrument issued by the Registrar, to be called a
“release’.

 Admiralty Rules 1912 (C0ntd)

➢Bank Guarantee is the usual form of security acceptable

➢Other types of security has also been accepted by our courts

 Admiralty Rules 1912

• Caveat against arrest may be filed
• Caveat against release may be filed
• Penalty for delaying release
• Security for filing caveat
• Notwithstanding caveat property may be arrested

 Maritime Conventions Act 1911

Law Deals With Collision And Salvage
Rule as to division of loss:

1 (1) Where, by the fault of two or more ships, damage or loss is caused
to one or more of those ships, to their cargoes or freight, or to any
property on board, the liability to make good the damage or loss shall
be in proportion to the degree in which each ship was in fault, except
that if, having regard to all the circumstances of the case, it is not
possible to establish different degrees of fault, the liability shall be
apportioned equally





 Maritime Conventions Act 1912
(2) Nothing in this section shall operate so as to render any ship liable for any loss or
damage to which her fault has not contributed
(3) Nothing in this section shall affect the liability of any person under a contract of
carriage or any contract, or shall be construed as imposing any liability upon any
person from which he is exempted by any contract or by any provision of law, or as
affecting the right of any person to limit his liability in the manner provided by law.
4. For the purposes of this Act, “freight” includes passage money and hire, and
references to damage or loss caused by the fault of a ship shall be construed as
including references to any salvage or other expenses, consequent upon that fault,
recoverable at law by way of damages.

 Maritime Conventions Act 1912

6. General duty to render assistance to persons in danger at sea

7. Apportionment of salvage amongst owners, & c., of foreign

ship

8. Limitation of actions

 Merchant Shipping Ordinance 1983

• Applicable to all vessels wherever they may be except Inland

vessels as defined in the Inland Shipping Ordinance 1976.
• All Ships Registered under Bangladesh Merchant Shipping
Ordinance wherever they may be;
• All ships, not being Bangladeshi Ships, licensed under this
ordinance is coasting trade, while engaged in such trade;

 Bangladesh Merchant Shipping Ordinance 1983

• All other ships while in port or place in or within the territorial waters
of Bangladesh except:

• Any ship of, or commissioned for service in, the Bangladesh Navy or,
while employed otherwise than for service in the service of
Government.

• Any ship belonging to any foreign prince or state, while employed

otherwise than profit in the service of such prince or state.

 Bangladesh Merchant Shipping Ordinance 1983

Part 1: Introductory

Section 2: Definitions

Section 5: Department Of Shipping

Section 6: Mercantile Marine Office

Section 8: Shipping Offices

Section 12: Seamens Welfare Officer



 Bangladesh Merchant Shipping Ordinance 1983

PART II: Registration And Nationality

PART III: Control Of Shipping
PART IV: Manning Of Ships
PART V: Passenger Ships
PART VI: Safety
PART VII: Navigation And Collision

 Sec-376: Division Of Loss In Case Of Collision

376. (1) Whenever by the fault of two or more ships, damage or loss is caused to one
or more of them or to the cargo of one or more of them or to any property on board
one or more of them, the liability to make good the damage or loss shall be in
proportion to the degree in which each ship was at fault:
Provided that-  
(a) if having regard to all the circumstances of the case, it is not possible to
establish different degrees of fault, the liability shall be apportioned equally;  
(b) nothing in this section shall operate so as to render any ship liable for any
loss or damage to which her fault has not contributed;

 SEC-376 (Cont’d)
(c) Nothing in this section shall affect the liability of any person under any
contract or shall be construed as imposing any liability upon any person from
which he is exempted by any contract or by any provision of law or as
affecting the right of any person to limit his liability in the manner provided by
law.  

(2) For the purposes of this Chapter, references to damage or loss by the fault
of a ship shall be construed as including references to any salvage or other
expenses, consequent upon that fault, recoverable in law by way of damages.

 Limitation of Liability for Shipowners

Section-471:
(1) If any loss of life or personal injury to any person, or any loss of, or damage to, any
property or rights of any kind, whether movable or immovable, is caused without the actual
fault or privity of the owner of a ship, whether a Bangladesh ship or not, the owner shall not- 

(a) if no claim for damages in respect of loss of, or damage to, property or rights
arises, be liable for damages in respect of loss of life or personal injury to an
aggregate amount exceeding five thousand Taka for each ton of the ship's tonnage; or  

(b) if no claim for damages in respect of loss of life or personal injury arises, be
liable for damages in respect of loss of, or damage to, property or rights to an
aggregate amount exceeding fifteen hundred Taka for each ton of the ship's tonnage; or

 Sec 471 (Con’td)

(c) if claims for damages in respect of loss of life or personal injury and also claims for
damages in respect of loss of, or damage to, property or rights arise, be liable for
damages to an aggregate amount exceeding five thousand Taka for each ton of the
ship's tonnage:
Provided that, in a case referred to in clause (c), claims for damages in respect of loss
of life or personal injury shall, to the extent of an aggregate amount of fifteen
hundred Taka for each ton of the ship's tonnage, have priority over claims for damages
in respect of loss of, or damage to, property or rights, and, as regards the balance of
the aggregate amount of five thousand Taka for each ton of the ship's tonnage, the
unsatisfied portion of the first mentioned claims shall rank pari passu with the last
mentioned claims.

 Sec-471 (Cont’d)
(2) The provisions of this section shall extend and apply to the owners, builders or
other persons interested in any ship built at any port or place in Bangladesh, from and
including the launching of such ship until the registration thereof under the provisions
of this Ordinance.  
(3) The limits set by sub section (1) to the liabilities mentioned therein shall apply to
the aggregate of such liabilities which are incurred on any distinct occasion, and shall
so apply in respect of each distinct occasion without regard to any liability incurred on
any other occasion.   
(4) For the purposes of this section, a ship's tonnage shall be the gross tonnage of the
ship.

 Bangladesh Merchant Shipping Ordinance 1983

Part Viii: Official Logs

Part Ix: Fishing And Sailing Vessels
Part X: Inquiries And Investigations
Part Xi: Wreck And Salvage
Part Xii: Liability Of Shipowners And Maritime Lien
Part Xiii: Procedural And Miscellaneous

 Law Relating To Carriage Of Goods

❑The Carriers Act 1865.

❑The Bills of Lading Act 1865.

❑The Law of Carriage Of Goods By Sea.

 The Carriers Act 1865

• The Act relates to rights and liabilities of common carrier;

• To enable common carriers to limit their liability for loss of or

damage to property delivered to them to be carried and also

• To declare their liability for loss of or damage to property

occasioned by the negligence of criminal acts of themselves,
their servants or agents;

 The Carriers Act 1865

Common carrier denotes a person, other than the Government,

engaged in the business of transporting for hire property from
place to place, by land or inland navigation for all persons
indiscriminately.
 The Carriers Act 1865
➢Value of goods to be declared if more than 100 taka.

➢Additional payment may be claimed for risk if good value more than 100
taka.
➢In case of loss or damage of value more than 100 taka value of goods plus
carriage charge may be recovered.
➢Liability of common carrier cannot be limited by public notice but may limit
by special contract.
➢Owner of railroad and tram cannot limit liability.

 Carriers Act 1865

• Common Carrier Liable For Loss Or Damage Caused By Neglect
Or Fraud Of Himself Or His Agent;
• Claimant Need Not Prove Negligence Or Fraud;
• Notice Of Loss Must Be Given Within Six Months;
• Common Carriers Only Defence:
➢Act Of God;
➢Inherent Vice;
➢Kings Enemies;

 Bills of Lading Act 1865

1. Rights under Bills of Lading to Vest In Consignee or Endorsee

Every consignee of goods named in a bill of lading and every

endorsee of a bill of lading to whom the property in the goods
therein mentioned shall pass, upon or by reason of such
consignment or endorsement shall have transferred to and
vested in him all rights of suit , and be subject to same
liabilities in respect of such goods as if the contract contained
in the bill of lading had been made with himself












 2. Not To Affect Right of Stoppage In Transitu or
Claims for Freight
Nothing herein contained shall prejudice or affect any right to
stoppage in transitu, or any right to claim freight against the
original shipper or owner, or any liability of the consignee or
endorsee by reason or in consequence of his being such
consignee or endorsee, or of his receipt of the goods by reason
or in consequence of such consignment or endorsement
3.Bill of Lading in the hand of consignee, etc, conclusive
evidence of the shipment against the Master etc.
❑Every bill of lading in the hands of a consignee or endorsee for valuable
consideration, representing goods to have been shipped on board a
vessel, shall be conclusive evidence of such shipment as against the
master or other person signing the same, notwithstanding that such goods
or some part thereof may not have been so shipped, unless such holder of
the bill of lading shall have had actual notice at the time of receiving the
same that the goods had not in fact been laden on board.
 3. To be Continued
❑Provided that the master or other person so signing may
exonerate himself, in respect of such misrepresentation, by
showing that it was caused without any default on his part, and
wholly by the fraud of the shipper or of the holder, or some
person under whom the holder claims.
 Right of Stoppage in Transitu
SALE OF GOODS ACT 1930

Section 50. Subject to the provisions of this Act, when the buyer of
goods becomes insolvent, the unpaid seller who has parted with the
possession of the goods has the right of stopping them in transit, that is
to say, he may resume possession of the goods as long as they are in the
course of transit, and may retain them until payment or tender of the
price.

 Right of Stoppage in Transitu: Duration of Transit

51.(1) Goods are deemed to be in course of transit from the time when
they are delivered to a carrier or other bailee for the purpose of
transmission to the buyer, until the buyer or his agent in that behalf
takes delivery of them from such carrier or other bailee.  

(2) If the buyer or his agent in that behalf obtains delivery of the goods
before their arrival at the appointed destination, the transit is at an
end.  

Right of Stoppage in Transitu: Duration of Transit (cont.)

51 (3) If, after the arrival of the goods at the appointed destination, the
carrier or other bailee acknowledges to the buyer or his agent that he
holds the goods on his behalf and continues in possession of them as
bailee for the buyer or his agent, the transit is at an end and it is
immaterial that a further destination for the goods may have been
indicated by the buyer.  
(4) If the goods are rejected by the buyer and the carrier or other bailee
continues in possession of them, the transit is not deemed to be at end,
even if the seller has refused to receive them back.

 Right of Stoppage in Transitu: Duration of Transit

(5) When goods are delivered to a ship chartered by the buyer, it is a question
depending on the circumstances of the particular case, whether they are in the
possession of the master as a carrier or as agent of the buyer.  

(6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the
buyer or his agent in that behalf, the transit is deemed to be at an end.  

(7) Where part delivery of the goods has been made to the buyer or his agent in that
behalf, the remainder of the goods may be stopped in transit, unless such part
delivery has been given in such circumstances as to show an agreement to give up
possession of the whole of the goods.

How Stoppage in Transitu is Effected

• 52.(1) The unpaid seller may exercise his right of stoppage in transit
either by taking actual possession of the goods, or by giving notice of
his claim to the carrier or other bailee in whose possession the goods
are. Such notice may be given either to the person in actual possession
of the goods or to his principal. In the latter case the notice, to be
effectual, shall be given at such time and in such circumstances that
the principal, by the exercise of reasonable diligence, may
communicate it to his servant or agent in time to prevent a delivery to
the buyer.
 Carriage Of Goods By Sea Act 1925
2. APPLICATION:
Subject to the provisions of this Act, the rules set out in the Schedule
(hereinafter referred to as " the Rules") shall have effect in relation to
and in connection with the carriage of goods by sea in ships carrying
goods from any port in Bangladesh to any other port whether in or
outside Bangladesh.
If the contract expressly incorporates the Carriage of Goods by Sea Act
1925 (Hague Rules) the court will apply the rules to the contract.

Carriage of Goods by Sea Act 1925

6. Where under the custom of any trade the weight of any bulk cargo
inserted in the bill of lading is a weight ascertained or accepted by a
third party other than the carrier or the shipper and the fact that the
weight is so ascertained or accepted is stated in the bill of lading, then,
notwithstanding anything in the Rules, the bill of lading shall not be
deemed to be prima facie evidence against the carrier of the receipt of
goods of the weight so inserted in the bill of lading, and the accuracy
thereof at the time of shipment shall not be deemed to have been
guaranteed by the shipper.
 Rules relating to Bills of Lading

1. The carrier shall be bound before and at the beginning of the voyage to
exercise due diligence to:
(a) Make the ship seaworthy.
(b) Properly man, equip and supply the ship.
(c) Make the holds, refrigerating and cool chambers, and all other parts
of the ship in which goods are carried, fit and safe for their reception,
carriage and preservation.
2. Subject to the provisions of Article 4, the carrier shall properly and
carefully load, handle, stow, carry, keep, care for, and discharge the goods
carried.

 Bills of Lading (Cont’d)

3. After receiving the goods into his charge the carrier or the master or agent of the
carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing
among other things:
(a) The leading marks necessary for identification of the goods as the same
are furnished in writing by the shipper before the loading of such goods starts,
provided such marks are stamped or otherwise shown clearly upon the goods if
uncovered, or on the cases or coverings in which such goods are contained, in such a
manner as should ordinarily remain legible until the end of the voyage.




Rules relating to Bills of Lading (Cont’d)

a) The leading marks necessary for identification of the goods as the same are
furnished in writing by the shipper before the loading of such goods starts,
provided such marks are stamped or otherwise shown clearly upon the goods if
uncovered, or on the cases or coverings in which such goods are contained, in
such a manner as should ordinarily remain legible until the end of the voyage.

(b) Either the number of packages or pieces, or the quantity, or weight, as the
case may be, as furnished in writing by the shipper.

(c)The apparent order and condition of the goods.

 Bills of Lading (Cont’d)

➢Provided that no carrier, master or agent of the carrier shall

be bound to state or show in the bill of lading any marks,
number, quantity, or weight which he has reasonable ground
for suspecting not accurately to represent the goods actually
received, or which he has had no reasonable means of
checking.
4. Such a bill of lading shall be  prima facie  evidence of the
receipt by the carrier of the goods as therein described in
accordance with paragraph 3(a), (b) and (c).

 Bills of Lading (Cont’d)

6. Unless notice of loss or damage and the general nature of such loss or
damage be given in writing to the carrier or his agent at the port of discharge
before or at the time of the removal of the goods into the custody of the
person entitled to delivery thereof under the contract of carriage, or, if the
loss or damage be not apparent, within three days, such removal shall
be  prima facie  evidence of the delivery by the carrier of the goods as
described in the bill of lading.
➢If the loss or damage is not apparent, the notice must be given within three days of
the delivery of the goods.
➢The notice in writing need not be given if the state of the goods has, at the time of
their receipt, been the subject of joint survey or inspection.



 Bills of Lading (Cont’d)
• In any event the carrier and the ship shall be discharged from
all liability in respect of loss or damage unless suit is brought
within one year after delivery of the goods or the date when
the goods should have been delivered.

• In the case of any actual or apprehended loss or damage the

carrier and the receiver shall give all reasonable facilities to
each other for inspecting and tallying the goods.

 Bills of Lading (Cont’d)

Article 4: Defences of the Carrier
1. Neither the carrier nor the ship shall be liable for loss or damage arising or
resulting from unseaworthiness unless caused by want of due diligence on the
part of the carrier to make the ship seaworthy and to secure that the ship is
properly manned, equipped and supplied, and to make the holds, refrigerating
and cool chambers and all other parts of the ship in which goods are carried fit
and safe for their reception, carriage and preservation in accordance with the
provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted
from unseaworthiness the burden of proving the exercise of due diligence shall
be on the carrier or other person claiming exemption under this Article.

 Bills of Lading (Cont’d)

2. Neither the carrier nor the ship shall be responsible for loss or damage arising or
resulting from:
(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the
carrier in the navigation or in the management of the ship.
(b) Fire, unless caused by the actual fault or privity of the carrier.
(c) Perils, dangers and accidents of the sea or other navigable waters.
(d) Act of God.
(e) Act of war.
(f) Act of public enemies.

 Bills of Lading (Cont’d)

(g) Arrest or restraint or princes, rulers or people, or seizure under legal process.

(h) Quarantine restrictions.

(i) Act or omission of the shipper or owner of the goods, his agent or representative.

(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether
partial or general.
(k) Riots and civil commotions.

(l) Saving or attempting to save life or property at sea.

(m) Wastage in bulk or weight or any other loss or damage arising from inherent
defect, quality or vice of the goods.

 Bills of Lading (Cont’d)

n) Insufficiency of packing.

(o) Insufficiency or inadequacy of marks.

(p) Latent defects not discoverable by due diligence.

(q) Any other cause arising without the actual fault or privity of the carrier, or
without the actual fault or neglect of the agents or servants of the carrier, but
the burden of proof shall be on the person claiming the benefit of this
exception to show that neither the actual fault or privity of the carrier nor the
fault or neglect of the agents or servants of the carrier contributed to the loss
or damage.

 (Cont’d)
5. Neither the carrier nor the ship shall in any event be or
become liable for any loss or damage to or in connexion with
goods in an amount exceeding 100 l per package or unit, or the
equivalent of that sum in other currency unless the nature and
value of such goods have been declared by the shipper before
shipment and inserted in the bill of lading.



 Flag Vessel Protection Act 2019
• Therefore, Bangladesh had acceded to the Liner convention on the 24th July,
1975 and enacted the Bangladesh Flag Vessels (Protection) Ordinance, 1982.

• The Ordinance was aimed to provide protection for the Bangladesh flag
vessels.

• It was promulgated with a primary object to promote and encourage the

growth of the local shipping industry.

• After a prolonged period, this Ordinance has been amended and replaced
with ‘The Bangladesh Flag Vessels (Protection) Act 2019 [Act No.18 of 2019]

 Background And Objectives

• The aforesaid Ordinance was promulgated by the then military
govt. to protect the interest of the state-owned shipping
company, Bangladesh Shipping Corporation (BSC).

• The object of the Ordinance was to get more of the market

share of the cargoes moving to and from Bangladesh.

 Continued…
❑ The Ordinance (that has been repealed) contained 10 Provisions in total.

• Among those Article 3 which entails the ‘Limitation on carriage of cargoes of sea-borne
trade’ is the cornerstone provision as to reserve at least 40% of the sea-borne cargoes
relating to foreign trade in Bangladesh shall be carried by Bangladesh flag vessels. However,
the section has a proviso which relaxes the limitation in three cases.

• 1. When there is any reciprocal agreement between the trading partners.

• 2. if the prescribed authority has issued any waiver certificate. &

• 3. where the prescribed authority declares any general waiver.

 Flag Vessel Protection Act 2019

The Act of 2019 prescribes at least 50% instead of present 40 per cent
of the seaborne cargoes relating to the country's foreign trade will have
to be carried by vessels of Bangladesh Shipping Corporation (BSC).
 Flag Vessel Protection Act 2019
➢Section-6 of the Ordinance 1982 contained provisions for
‘Prohibition to join Liner conference without license’ which has
been repealed.
➢No such provision has been inserted in the Present Act of 2019.
➢The Ordinance 1982 did have mentioned about fine for offences
committed by the Companies in Section-9 . However, in the Act of
2019, pecuniary punishment has been prescribed under Section
7(2) of the Act.

 Flag Vessel Protection Act 2019

The penalty provision states as follows:

• “if any vessel carries goods violating the provisions of the

proposed law, the maximum tk. 5 lakh shall be fined” -

• A provision of appeal has been incorporated in the new Act

under Section 8 as a new feature.

 Major Acts Regulating Port Operations In

Bangladesh
• Port Act 1908.
• Chittagong/ Mongla Port Authority Ordinance 1976.
• Traffic Manual.
• Regulations For Working Of Chittagong Port (Cargo And
Containers) 2001.
• Chittagong Port Authority Tariff Of Goods.

 Why To Have Port Acts And Regulations

 
➢Liability of the Port Authority.

➢Safe Port v Unsafe Port.

➢Port Competitiveness.

➢Indemnity of the Port Authority.

 THANK YOU

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