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CHAPTER 302
INTER-INSULAR MAIL SHIPPING

ARRANGEMENT OF SECTIONS

SECTION

Short title.
Interpretation.
Power of Minister to establish shipping services and to enter into contracts for that purpose.
Provisions to be included in contracts.
Obligation for vessel to carry cargo and passengers.
Power of minister to appoint schedules for operation of vessels.
Rules.
Notices to be displayed giving maximum rates.

CHAPTER 302

INTER-INSULAR MAIL SHIPPING

An Act to make better provision for an inter-insular shipping service and for the carriage of mails thereby and to repeal and replace the Inter-Insular Mails Act.

29 of 1966
E.L.A.O., 1974
5 of 1987

[Commencement 5th October, 1966]

1. This Act may be cited as the Inter-Insular Mail Shipping Act.

Short title.

2. In this Act, unless the context otherwise requires-

Interpretation.

"mails" includes mailbags, mailboxes, letterbags, letter baskets, letters, newspapers, post cards, parcels, packets and other postal matter and also Government specie and treasure;

"Minister" means the Minister responsible for Inter-Insular Passenger Freight and Mail Services;

"shipping service" means a shipping service established in accordance with the provisions of section 3 of this Act;

"vessel" means a vessel employed in the operation of a shipping service.

3. (1) The Minister may establish and maintain a shipping service between places within The Bahamas and for that purpose, subject to the provisions of this Act and with the prior approval of the Governor-General, may enter into any contract for a period of not less than one year or more than ten years for the operation of shipping services between any places within The Bahamas and may provide for the payment of subsidies therefor to any contractor. Any such contract shall contain such provisions as the Minister for Posts and Telecommunications deems necessary for the carriage of mails, and the Minister shall contract for and on behalf of the Government of The Bahamas:

Power of Minister to establish shipping services and to enter into contracts for that purpose.

Provided that no such contract shall be entered into with any Minister either directly or indirectly or with any company owned or controlled by any Minister.

(2) Before entering into any contract under the provisions of subsection (1) of this section the Minister shall invite tenders for the operation of any such shipping service, but shall not be obliged to accept the lowest of any tender.

(3) A summary of the provisions of every contract made under the provisions of this section shall be published in the Gazette for general information and a copy of every such contract shall be laid on the table of both Houses of Parliament.

4. Any contract made under the provisions of section 3 of this Act shall contain such terms and conditions as the Minister may deem necessary for securing an efficient shipping service including compliance with any law in force relating to the safety of ships and passengers at sea.

Provisions to be included in contracts.

5. The master of every vessel shall, so far as is not inconsistent with the maintenance of an efficient service and subject to the capacity of the vessel concerned, upon payment of the approved rates for carriage of passengers or cargo as the case may be, receive on board and carry all passengers who desire to travel, and all goods, wares, and merchandise of whatsoever nature which may be offered for shipment on board to any place at which such vessel is required to call:

Obligation for vessel to carry cargo and passengers.

Provided that the master of any vessel may refuse to accept and carry any cargo which is in a dangerous condition or which due to its nature or to any defect in itself or in any container is liable to contaminate or damage the vessel or any other cargo or to be dangerous or offensive to any person on board the vessel.

6. The Minister shall by notice published in the Gazette appoint the places at which vessels shall call, the frequency of the service and the tonnage of vessels for particular services.

Power of Minister to appoint schedules for operation of vessels.

7. The Minister shall make rules for the better carrying out of the objects of this Act, and, without derogation from the generality of the power conferred by this section, such rules shall provide-

Rules.

(a)
for penalties for breach by the master or owner of any vessel of any obligation under the provisions of this Act to carry passengers or cargo;
(b)
maximum rates permitted to be charged for the carriage of passengers and freight; and
(c)
the scales of life saving equipment to be carried on any vessels.

8. (1) The Minister shall cause to be displayed conspicuously in a public place, in each Out Island to which a shipping service operates, a notice setting out a schedule of maximum rates prescribed under section 7 of this Act for the carriage of passengers and freight on vessels.

Notices to be displayed giving maximum rates.

(2) The master of every vessel shall cause to be displayed conspicuously on his vessel a notice setting out a schedule of maximum rates prescribed under section 7 of this Act for the carriage of passengers and freight on that vessel.


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