Mongla Port Authority Bill passed amid opposition’s criticism 

Despite criticism from the opposition, the Mongla Port Authority Bill 2021 was passed in parliament on Monday with a provision of appointing a person or organisation for the establishment, management, and operation of the port. 

The bill also includes an indemnity provision for acts done in "good faith", but it does not define what would be considered "done in good faith". 

Opposition leaders, including BNP lawmaker Rumeen Farhana and Jatiya Party lawmaker Mujibul Haque Chunnu, protested against the bill providing indemnity for acts done in good faith, saying it would increase corruption. 

Jatiya Party lawmaker Shamim Haider Patwari criticised the bill for not including a definition of what is meant by good faith. 

Opposition leaders including Gono Forum lawmaker Mokabbir Khan, Jatiya Party lawmaker Fakhrul Imam, Rustam Ali Farazi, and Raushan Ara Mannan, urged parliament to seek a public review of the proposed law and then sending it to the review committee.

But the demands were turned null and void by the voice votes of the treasury bench lawmakers and the bill passed following the proposal of Shipping Minister Khalid Mahmud Chowdhury.   

The laws enacted from 1975 to 1978 are being repealed by order of the High Court and a new law is being enacted instead of the Mongla Port Authority Ordinance-1976. 

The new bill states that a person or organisation may be hired as a contractor for construction, management, operation, and maintenance of any port facility in accordance with government regulations. This was not in the previous law.

The bill further states that if a person or a vessel pollutes the port boundary, the first offense will carry a penalty of one to two years of imprisonment, and a Tk50,000 to Tk2 lakh fine, or both. 

Subsequent offenses will result in imprisonment for two to 10 years or a fine of Tk2-10 lakh, or both. 

If necessary, the office of the Mongla Port Authority can be set up anywhere in the country as per the bill.

The bill provides for the formation of any required number of committees to discharge the responsibilities of the authority. 

As per the bill, different areas and places of the port can be declared protected areas. Provisions have been added for hiring operators following conventional procedures for loading, storage, unloading, and delivery of goods at the port. 

The bill provides for six months' imprisonment or a fine of Tk1 lakh or both, for evading tolls, rates, charges, etc. The offenses under this act will be tried in accordance with the criminal procedural code. Provision has also been made for a mobile court. 

The port authority may waive the toll, rate, fee and charges up to Tk1 lakh in full or in part without the prior approval of the government, according to the bill.

Some members of parliament also objected to this section of the law, saying that this could lead to corruption. 

The bill protects works done in good faith. It states that no civil or criminal case may be filed or any other legal action may be taken against the port's authority or its chairman, member, officer, or employee, if someone is harmed or is likely to be harmed as a result of an act done in good faith. 

If something is done honestly – regardless of whether or not it is done negligently – it will be considered done in "good faith," according to the act.

After the bill was tabled in parliament on 3 April last year, it was sent to the Parliamentary Standing Committee on Ministry of Shipping for scrutiny and report to parliament within two months. 

In June of that year, the committee presented its report to parliament. Later in September 2021, the bill was sent back to the parliamentary committee.