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Bangladesh
INLAND VESSEL WORKER (EMPLOYMENT-CONTROL) ACT, 1992

Inland Vessel Worker (Employment-Control) Act, 1992

Publishedin Bangladesh Gazette Extraordinary
Dated 10th November, 1992

Act No.50 of 1992

An Act made to control inland vessels and to regulate the employmentand service conditions etc. of workers employed in vessels

Whereas it is expedient to control inland vessels and to regulate theemployment and service conditions etc. of workers employed invessels;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act may be called the Inland Vessel Worker(Employment-Control) Act, 1992.

2. Definitions.- Unless there is anything repugnant in the subjector context, in this Act-

a) "vessel" or "inland vessel" means any inland vessel registratedunder the Inland Shipping Ordinance, 1976 (LXXII of 1976);
b) "rule" means any rule made under this Act;
c) "owner" means owner of a vessel;
d) "wages" means remuneration to be paid in exchange for work;
e) "worker" means any worker employed for any work in inland vesselsregistrated under the Inland Shipping Ordinance, 1976 (LXXIIof 1976);
f) "Director of Labour" means the person appointed by the Governmentas Director of Labour.

3. Responsability for certain matters relating to vessels.- (1)The responsability for the following matters relating to inland vesselsshall be placed on the Director of Labour, namely:-

a) the determination of the terms and conditions of the recruitmentand discharge of workers;
b) the classification of jobs and the determination of the number ofworkers to be employed in each category of vessels;
c) the fixing of the working hours, rest periods, holidays and leavefacilities for the workers;
d) the fixing of the wages for the workers;
e) the security of service of the workers;
f) the determination of the measures to be taken by the owner for themedical care of the workers and their families;
g) the rules for maintenance of pay-rolls and service records of theworkers by the owners;
h) any other matter relating to the employment of workers;
i) the discipline on board the vessels;
j) the determination of the limits for transport of goods in vessels;

4. Supply of information on number of vessels etc. .- Every ownershall, on demand of the Director of Labour, supply a detailed statementon the number and types of vessels in his possessionand information relatingto the number of workers employed therein.

5. Imposition of vessel fees, etc. .- (1) The Government mayimpose an annual vessel fee on every vessel.
(2) The fees to be imposed under sub-section (1) shall be determinedby rules.
(3)The Director of Labour shall pass a notice on the owner for paymentof fees imposed under this section and such fees are to bepaid withinthe period referred to in the notice.
(4) If any owner fails to pay the fees within the period referred toin the notice passed under sub-section (3), he shall pay forthe unpaidfees an additional fee at such rate as may be prescribed by rules.
(5) All arrears under this section shall be recovered as public demands.

6. Powers of inquiry and collection of information.- (1) TheDirector of Labour or any officer authorised by him may, with a view tocarrying out the purposes of this Act,-

a) direct any person to furnish any records, documents or information;
b) enter at all reasonable times any vessel or any place connectedtherewith;
c) inspect any book, record, register or document relating to a vesseland direct the person concerned to furnish any such book, record,registraror document;
d) record the statements or declarations of any person on any matterrelating to vessels:
Provided that no person shall be required under this clause to answerany question tending to incriminate himself.

7. Punishments for failure to comply with directions.- Whoever failsto comply with any direction or order passed under this Act or the rulesor fails to furnish information or fails toco-operate during any investigationwith the officer conducting the investigation, shall be punishable withimprisonment which mayextend to three months or with fine which may extendto twenty thousand Takas or with both.

8. Cognizance of offence.- No court shall take cognizance ofany case under this Act except on complaint in writing made by any personauthorised in this behalfby the Director of Labour.

9. Power to make exemptions.- The Government may, by notificationin the Official Gazette, exempt any owner or any class of owners from allor any of the provisionsof this Act.

10. Power to make rules.- The Government may, by notificationin the Official Gazette, make rules for carrying out the purposes of thisAct.

11. Repeals and savings.- (1) The Inland Water Transport (Regulationof Employment) Act, 1965 (EP Act III of 1965), heretoafter referred toas the said Act,stands herewith repealed.
(2) On repeal of the said Act,-

a) the Inland Water Transport (Regulation of Employment) Board,heretoafter referred to as the said Board, shall be broken up;
b) all properties, movable or immovable, funds, cash and money depositedwith banks and investments of the said Board and all itsrights connectedwith, or interests in, such properties shall stand transferred to, andvest in the Government;
c) all suits filed by or against the said Board shall be deemed tohave been filed by or against the Government;
d) all debts, liabilities and obligations of the Board and all agreementsconcluded by or with the Board shall be deemed to be debts,liabilitiesand obligations of the Government and agreements concluded by or with theGovernment;
e) all officers and employees appointed by the said Bord and employedin the Board shall be absorbed in accordance with the SurplusPublic ServantsAbsorption Ordinance, 1985 (XXIV of 1985):
Provided that, in the case of officers and employees appointed andemployed on the basis of a contract or under an obligation, theconditionsof such contract or obligation shall be applicable and that, any conditionrequiring the giving of a notice for the terminationof their service,the abolition of the said Board shall be deemed to be such notice.

 



 

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