WTC forcing lighter vessels to follow serial numbers despite HC ban

Defying the ban on its activities imposed by the High Court, the Water Transport Cell (WTC) has recently fined two lighter vessels Tk6 lakh for not complying with their serial numbers while unloading goods at the outer anchorage of Chattogram Port.

The WTC issued a letter signed by its Executive Director Mahbub Rashid Khan to the agent of the goods M/S Sea Pearl Limited in this regard, which stated that vessels MV ANJ Traders-3 and MV ANJ Traders-4 have been fined Tk 3 lakh each for violating the discipline of WTC through unloading goods from the mother vessel without their clearance. 

"Two lighter vessels unloaded goods from a mother vessel, which were later transported to Ashuganj. WTC's check post noticed this activity on March 7. This type of activity is violating the primary policies of WTC, which in turn is creating an unstable situation in the goods transport sector. All the bank checks of M\S Sea Pearl Limited will be suspended until they pay the fine," the letter read. 

The WTC, which was formed by some lighter vessel owners to operate lighter vessels in a systematic way for the convenience of their users, is now a source of trouble for businesses to carry goods from the Chattogram Port's outer anchorage. 

Over the years, the Chattogram Chamber offshoot has emerged as a cartel of vessel owners that has taken full control of the lighter ship business, hikes fares at its will and makes businesses pay the increased fares, businesspeople alleged.

"They force to follow their serial numbers, if not they impose fines on the vessel owners. Without being an organization of the Port or any government entity, they are controlling the lighter vessels at the outer anchorage of the Chattogram Port and realizing money illegally," said a lighter vessel owner on conditions of anonymity.  

Barrister Mohammad Samiul Huq, lawyer of a petitioner, told The Business Standard, "Multiple petitions have been filed with the High Court by traders against WTC's activities. Holding hearing on a petition, the court on 10 March, 2022 made rule absolute and declared that WTC does not have any legal sanction to control or monitor waterways of Bangladesh."

He also said, "No vessel owner is under obligation to follow any instruction from any private organization i.e. the WTC or its serial number for loading and unloading goods from mother vessels awaiting at the outer anchorage unless they are members of the said organization."

Although WTC's Executive Director Mahbub Rashid Khan declined to comment on the matter, WTC said that according to a decision taken by the executive committee of Water Transport Cargo Agents Association on July 19, 2020, all the agents are bound to supply goods to lighter vessels after getting clearance from them.

Around 2,000 lighter vessels owned by individuals are regularly forced to operate according to the serial numbers of the WTC. The WTC operates lighter vessels through a token serial system for carrying goods from Chattogram Port's outer anchorage to various inland ports.

Many vessel owners alleged that they face harassment when they try to unload goods without WTC's token serial.

The WTC does not have any legal sanction to control and monitor the waterways of Bangladesh including the Chattogram Port area on grounds of maintaining discipline.

Amirul Haque, Managing Director of Premier Cement Mills, told TBS, "The WTC wants to regulate the business of transporting goods on sea routes. They wanted to control the movement of lighter vessels owned by various industrial groups."

"It has to be ensured that the goods transport sector is not held hostage by a few traders," he added.

HC declares DoS circular illegal

In 2013, the Department of Shipping formulated a policy on transporting goods by registered lighter vessels. The policy states that no lighter vessel, without the serial of WTC, shall carry goods on the inland routes.

On 23 August 2021, the Department of Shipping, in light of the said 2013 policy, issued a circular requiring all lighter vessel owners to operate as per the WTC serial, warning of legal action for noncompliance.  

The circular triggered outrage among various industrial groups and lighter ship owners and they filed multiple writ petitions with the High Court, challenging the legality of the aforementioned policy and circular.

Hearing one of such petitions, on 10 March 2022, the High Court bench of Justice JBM Hassan and Justice Fatema Najib declared the said 2013 policy and circular invalid and issued a ban on all activities of the WTC.

According to the HC verdict, the 2013 policy in question has not been framed by any delegated legislature or in accordance with articles 65 or 55(4) of the Constitution and as such it does not have any enforceable legal authority in the eye of law.

Since the said policy does not have any force of law, the impugned circular dated 23 August 2021 also has no basis, the court said.