BIWTA-DoS at loggerhead: Who to control river vessels?

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Mahabub Alam :
A loggerhead is reported between Bangladesh Inland Water Transport Authority (BIWTA) and Department of Shipping (DoS) over the jurisdiction of their activities.
Some employees and officials of the DoS have told The New Nation that the BIWTA issues route permits and cancels those as per whims.
On the contrary, the BIWTA blames the DoS for issuing fitness certificates and masters and drivers’ certificates ignoring rules and regulations.
The Department of Shipping is completely a government organisation and BIWTA is an autonomous body. But both are under the Ministry of Shipping. They have to abide by the Inland Shipping Ordinance.
The Inland Shipping (Amendment) Ordinance-2005, Section No-54, has authorised BIWTA to issue route permits and time scheduling while the ordinance authorises the DoS to issue fitness certificates and others.
If any vessel is found unfit even after few weeks of its operation, the validity of its route permit is cancelled by
 the BIWTA, according to its Marine Safety and Traffic Management Department. The vessel owner is then directed to make his or her vessel fit and secure a fresh fitness certificate. The Department of Shipping has only four to five officials to process the job.
Many owners, therefore, wait for months or even years to get new certificates, which ultimately leads to disruption of passengers’ service. Some 22 of BIWTA have the authorisation to file case on offences sans accidents.
The Marine Safety and Traffic Department (MSTD) started functioning in the year 2008 with the hope of ensuring safety and good management. But it was not empowered to file case for any accident. It has already sent a letter to the ministry of shipping seeking power of filing case and investigation by 47 officials against 19 posts, a senior officer said.
In case of any action against accused person, BIWTA has to depend on DoS’s magistrate through formal application. As magistrate belongs only to the DoS, it takes longer time to get schedule.
Masters and drivers are trained by the BIWTA. But only four officers of the DoS take examinations and issue certificates.
Though most of the masters of the water vessels did not undergo training from the BIWTA, they managed certificates. In case of any naval accident, the BIWTA is blamed, another officer said.
We carry out rescue operations but DoS district administration and shipping ministry conduct investigation, he said. The department should also be authorised to investigate.
If we suspend service of any transport for unfitness, the DoS directs its owner to go to Marine Court challenging our order, he alleged. The ordinance-2005, he further says, has bestowed DoS the power to conduct almost all the important activities, including issuing of fitness certificate, inspection, survey and filing case and dealing with those though it has about 200 manpower.
The DoS sent a proposal to the Ministry of Public Administration and the Shipping Ministry three months ago to increase manpower. It has only four surveyors, five inspectors and one lawyer to look into operations of some 10,143 registered water transports.
Some 50 cases lodged with Marine Court for naval accidents from 2010. Of them, only nine cases were disposed of while 41 are under trial. Some 835 cases filed with the same court for violation of inland shipping law between 2013 and July 2014. Of them, 581 cases were disposed of and 254 cases are waiting for the disposal.
On condition of anonymity another officer of BIWTA told The New Nation that they always form probe committee after any naval accident. But their findings are hardly taken by the Marine Court into consideration. The court accepts any report submitted by the DoS, he said. He suggested the power of filing case and other action matters in any water vessel accident should be assigned to any department. “No decentralization can make any good result”.
The Department of Shipping rejected the allegations committed by the BIWTA and said it had been doing all the duties as per rules and regulations. An officer of the DoS said, they provide fitness certificates to launch any water transports and fix its route.
But the BIWTA often ignores our instructions and gives permit to cruise as per their whims, which causes recurrent accident. Pervin Sultana, Prosecuting Officer of the DoS, said, the DoS not only deals with inland water transport matter but also contributes to earning remittance every year.
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