44. (1) A shipping casualty shall be deemed to occur when-(a) any inland ship is lost, wrecked, abandoned or materially damaged;(b) any loss of life or property ensues by reason of any casualty happening to or on board any such ship; or(c) any such ship causes loss or material damage to any other inland ship or property or person on board that ship. (2) Every shipping casualty shall forthwith and, if this be not possible, within twenty-four hours of its occurrence, be reported to the officer in charge of the nearest police station by the master of the inland ship and, where more inland ships than one are involved, by the master of each such ship or other person or persons in charge thereof and, in the absence or physical inability of such master or persons, by any member of the crew of the ship or ships ¹[or by any passenger of the ship or ships or any other person having the knowledge of such casualty]. (3) Upon receipt of the report of a shipping casualty under sub-section (2) ²[or upon receipt of any information from any reliable source], the officer in charge of the police station shall, as soon as possible, and in any case not later than ³[twelve hours] of the occurrence of the casualty, make a report in writing of the facts and circumstances of the casualty to the Government, ⁴[Director-General,] the District Magistrate and the ⁵[Upazilla Nirbahi Officer] within the limits of whose jurisdiction the casualty has occurred.

45. (1) Upon the receipt of a report of shipping casualty under section 44, the ⁶[Upazilla Nirbahi Officer] shall-(a) forthwith hold or cause to be held an inquiry respecting the shipping casualty, and(b) within seven days, submit to the Government and to the District Magistrate a report stating the facts and circumstances of the casualty together with his observations, if any, as to the reasons of and responsibilities for the casualty. (2) The person holding inquiry under sub-section (1) may-(a) go on board any inland ship or other vessel involved and inspect any part, or any machinery equipment or other article on board, such ship or vessel; (b) enter and inspect any such premises as appear to him to be necessary for the purpose of the inquiry;(c) require the attendance of, and examine, any person who, he has reason to believe, has the knowledge or information relating to the facts and circumstances of the casualty; and(d) require the production of such books, papers and documents as may reasonably appear to him to be necessary for the purpose of the inquiry. (3) Notwithstanding the provisions of sub-section (1), the Government may, upon receipt of a report under sub-section (3) of section 44, cause to be held an inquiry respecting the casualty by such officer as it may appoint in this behalf and the officer shall-(a) submit to the Government a report stating the facts and circumstances of the casualty together with his observation, if any, as to the reasons of and responsibilities for the casualty;(b) have the powers and privileges referred to in sub-section (2). (4) Where an inquiry is held under sub-section (3), no inquiry shall be held under sub-section (1).

46. (1) Where, after considering the report under sub-section (1) or under sub-section (3) of section 45, the Government is of opinion that any contravention of any provision of this Ordinance or any other law which might have caused or contributed to occurrence of the casualty should be tried, the Government may direct the District Magistrate or the ⁷[Upazilla Nirbahi Officer] or the officer holding inquiry under sub-section (1) or sub-section (3) of section 45, as the case may be, to submit, for trial, a statement of the case to- (a) a court of the Magistrate of the first class having jurisdiction at the place at which the casualty occurred; or (b) a Marine Court constituted under section 47. (2) The statement of case under sub-section (1) shall include- (a) the names of the persons accused of the offences to be tried; (b) the formal charges of the offences alleged to have been committed; and (c) the list of witnesses intended to be produced in support of each charge: Provided that the submission of the list of witnesses under clause (c) shall not preclude the District Magistrate or the ⁸[Upazilla Nirbahi Officer] or the officer holding inquiry under sub-section (3) of section 44, or the prosecution from submitting additional names of witnesses at any subsequent stage of the trial.

⁹[47. (1) There shall be constituted one or more Marine Courts consisting of a Magistrate of the first class to try the offences punishable under this Ordinance. (2) The Government may, by notification in the official Gazette, determine the jurisdiction of the Marine Courts, if the number of court is more than one. (3) The Marine Court trying the offences punishable under this chapter shall be assisted by not less than two or more than four assessors of whom one shall be a person conversant with maritime affairs and the other or others shall be person or persons conversant with navigation of inland ships or mercantile or marine engineering affairs. (4) Every assessor of a Marine Court shall, unless he is for sufficient reason permitted absence on any day by the Magistrate constituting the Court, attend every proceeding of the court and shall deliver his opinion in writing which shall be recorded on the proceedings.]

48. The Marine Court shall have the same powers as are vested in the Court of a Magistrate of the first class under the Code of Criminal Procedure, 1898 (Act V of 1898).

49. For the purpose of a trial under this Chapter, a Court [which expression shall hereinafter mean both the Courts referred to in sub-section (1) of section 46] shall follow as nearly as may be the procedure for summary trials under the Code of Criminal Procedure, 1898 (Act V of 1898).

50. (1) If a Court conducting any trial under this Chapter issues a warrant of arrest to compel the attendance of any person whose evidence is in its opinion necessary, it may, for the purpose of effecting the arrest, authorise any police officer to enter any inland ship or other vessel or any premises. (2) The police officer authorised to enter any inland ship or vessel or premises under sub-section (1) may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person and may seize and detain the vessel for such time, not exceeding forty-eight hours, as may be reasonably necessary for effecting the arrest.

51. (1) A Court undertaking a trial under this Chapter may, in the course of such trial investigate into any charge against any ¹⁰[owner and] master, engineer, engine-driver or any other person holding a certificate or licence granted under this Ordinance of incompetency, misconduct, wrongful act or default which might have caused, or contributed to the occurrence of, the casualty. (2) For the purpose of an investigation under sub-section (1) into any charge against any person, the Court may summon him to appear and shall give him full opportunity of making a defence, either in person or otherwise.

52. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), a Court trying under this Chapter any offence may award any punishment provided for the offence. (2) In a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence is satisfied that the casualty or the loss, injury or damage is attributable to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence of the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub-section (1) or any of its other powers, by order, direct the owner or the master of the vessel or both to pay by way of compensation within three months a sum not exceeding ¹¹[five lakh taka]- (a) in the case of loss of life, to the heirs of the deceased, (b) in the case of injury to person or ¹²[damage to property, to the person suffering the injury or the owner of the property, as the case may be,] and (c) in the case of damage to any other vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the inland ship concerned.

53. A Court holding a trial under this Chapter shall, after the conclusion of the trial, submit to the Government a report of its findings or, as the case may be, a copy of its judgement together with the evidence recorded and, in the case of a Marine Court , also with the opinion of the assessors.