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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 38

WRECK

Receivers of Wreck
448. (1) The Government may, by notification in the official Gazette, appoint any person to be a Receiver of Wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification.
 
 
 
 
(2) A Receiver of Wreck may, by order in writing, direct that all or any of his functions under this Part shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be discharged by such person as may be so specified, and any person while discharging any such functions shall be deemed to be a Receiver of Wreck for the purposes of this Ordinance.
Duty of Receiver where vessel is in distress
449. (1) Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh including the territorial waters thereof, the Receiver of Wreck within the limits of whose jurisdiction the place is situated shall, upon being informed of the same forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel and of its cargo and equipment:
 
 
 
 
Provided that the Receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof unless he is requested to do so by the master.
 
 
 
 
(2) If any person wilfully disobeys the directions of the Receiver, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Power of Receiver in case of vessel in distress
450. (1) The Receiver of Wreck may, with a view to the preservation of ship-wrecked persons of the vessel, cargo or equipment,-
 
 
 
 
(a) require such persons as he thinks necessary to assist him;
 
 
 
 
(b) require the master, or other person having the charge, of any vessel near at hand to give such aid with his men or vessel as may be in his power;
 
 
 
 
(c) demand the use of any vehicles or animals that may be near at hand.
 
 
 
 
(2) If any person refuses without reasonable cause to comply with any such requisition or demand, he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Power to pass over adjoining lands
451. (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and re-pass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel.
 
 
(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned, and the amount payable in respect of the damage shall, in case of dispute, be determined, and shall, in default of payment, be recoverable, in accordance with the provisions of section 468, as in the case of salvage.
 
 
 
 
(3) If the owner or occupier of any land-
 
 
 
 
(a) impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or
 
 
 
 
(b) impedes or hinders the deposit of any cargo or other articles recovered from the vessel as aforesaid on the land; or
 
 
 
 
(c) prevents or endeavours to prevent any such cargo or other article from remaining deposited on the land for a reasonable time until it can be removed to a safe place of deposit;
 
 
 
 
he shall, for each offence, be punishable with fine which may extend to ten thousand Taka.
Power of Receiver to suppress, plunder and disorder by force
452. (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or obstructs the preservation of the vessel or of the ship-wrecked persons or of the cargo or equipment of the vessel, the Receiver of Wreck may take such steps and use such force as he may consider necessary for the suppression of any such plundering, disorder or obstruction, and may, for that purpose, command any person to assist him.
 
 
 
 
(2) If any person is killed, maimed, or hurt by reason of his Resisting the Receiver or any person acting under the orders of the Receiver in the execution of his duties under this Chapter, neither the Receiver nor the person acting under his orders shall be liable to any punishment, or to pay any damages by reason of the person being so killed, maimed or hurt.
Rules to be observed by persons finding wreck
453. (1) Any person finding and taking possession of any wreck within any local limits for which a Receiver of Wreck has been so appointed, or bringing within such limits any wreck which have been found and taken possession of elsewhere, shall, as soon as practicable,
 
 
 
 
(a) if he be the owner thereof, give the Receiver of Wreck notice in writing of the finding thereof and of the marks by which such wreck is distinguished;
 
 
 
 
(b) if he be not the owner of such wreck, deliver the same to the Receiver of Wreck.
 
 
 
 
(2) Any person who fails to give notice of the finding of, or to deliver, any wreck to the Receiver of Wreck as required by sub section (1) shall be punishable with fine which may extend to twenty thousand Taka, and, in the case of failure to deliver any wreck, shall, in addition to such fine, forfeit all claims to salvage, and pay to the owner of such wreck if the same is claimed, or if the same is unclaimed, to the Government, a penalty not exceeding twice the value of such wreck.
Investigation of certain matters in respect of vessels wrecked, etc.
454. Whenever any vessel is wrecked, stranded or in distress as aforesaid, the Receiver of Wreck, within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress, may conduct an investigation into all or any of the following matters, that is to say,-
 
 
 
 
(a) the name and description of the vessel;
 
 
 
 
(b) the names of the master and of the owner of vessel;
 
 
 
 
(c) the names of owners of the cargo;
 
 
 
 
(d) the ports from and to which the vessel was bound;
 
 
 
 
(e) the occasion of the wrecking, stranding or distress of the Vessel;
 
 
 
 
(f) the services rendered; and
 
 
 
 
(g) such other matters or circumstances relating to the vessel, the cargo or equipment, as the Receiver thinks necessary.
 
 
 
 
(2) The Receiver conducting an investigation under this section shall have all such powers as are specified in sub-section (3) of section 416.
 
 
(3) A record shall be kept of the investigation conducted and the Receiver shall, immediately after the conclusion of investigation, send to the Government a report relating thereto.
Penalty for taking wreck at time of casualty
455. (1) Where a vessel is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh, including the territorial waters thereof, any cargo or other articles belonging to or separated from the vessel, which may be washed on shore or otherwise lost or taken from the vessel shall be delivered to the Receiver of Wreck.
 
 
 
 
(2) If any person, whether the owner or not, secrets or keeps possession of any such cargo or article, or refuses to deliver the same to the Receiver or any person authorised by him to demand the same, he shall, for each offence be punishable with fine which may extend to twenty thousand Taka.
 
 
 
 
(3) The Receiver or any person authorised as aforesaid may take any such cargo or article by force from the person so refusing to deliver the same.
Taking wreck to foreign port
456. If any person takes into any foreign port any vessel, stranded, derelict, or otherwise in distress, found on or near the coasts of Bangladesh, including the territorial waters thereof, or any part of the cargo or equipment of the vessel, or anything belonging thereto, or any wreck found within those limits, without the permission in writing of the Government, he shall be punishable with imprisonment for a term which may extend to five years but shall not be less than three years, and with fine which may extend to twice the value of the vessel, cargo, equipment or wreck, as the case may be.
Notice to be given by Receiver
457. The Receiver of Wreck shall, as soon as may be after taking possession of any wreck, publish a notification, in such manner and at such place as the Government may, by general or special order, direct, containing a description of the wreck and the time at which and the place where the same was found
Immediate sale of wreck by Receiver in certain cases
458. A Receiver of Wreck may at any time sell any wreck in his custody if in his opinion-
 
 
 
 
(a) it is under the value of one thousand Taka, or
 
 
 
 
(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept, or
 
 
 
 
(c) it is not of sufficient value for warehousing,
 
 
and the proceeds of the sale shall, after defraying the expenses thereof, be held by the Receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.
Removal of wreck by harbour or conservancy authority
459. Where any vessel is sunk, stranded or abandoned in any harbour or tidal water under the control of a harbour or conservancy authority, or in or near any approach thereto, in such manner as, in the opinion of the authority, to be, or be likely to become, an obstruction or danger to navigation, that authority may-
 
 
 
 
(a) take possession of, and raise, remove or destroy the whole or any part of the vessel;
 
 
 
 
(b) light or buoy any such vessel or part until the raising, removal or destruction thereof; and
 
 
 
 
(c) sell, in such manner as it thinks fit, any vessel or part so raised or removed or and also any other property, recovered by it in the course of the exercise of its powers under this section, and out of the proceeds of the sale, reimburse itself for the expenses incurred by it in relation thereto under this section, and the authority shall hold the surplus, if any, of the proceeds in trust for the persons entitled thereto; and if the proceeds of such sale are less than the expenses so incurred, the owners of the vessel at the time of the casualty or immediately before abandonment shall be liable to pay to the harbour or conservancy authority the amount by which the proceeds may fall short to meet the expenses incurred:
 
 
 
 
Provided that a sale shall not, except in the case of property which is of a perishable nature or which would deteriorate in value by delay, be made under this section until at least seven clear days' notice of the intended sale has been given by advertisement in some newspaper circulating in or near the area over which the authority has control:
 
 
 
 
Provided further that, at any time before any property is sold under this section, the owner thereof shall be entitled to have the same delivered to him on payment to the authority of the expenses incurred by the authority, to be ascertained by agreement between the authority and the owner, or failing agreement, by some person to be named for the purpose by the Government.
Claims of owners to wreck
460. (1) The owner of any wreck in the possession of the Receiver of Wreck upon establishing his claim to the same to the satisfaction of the Receiver within six months from the time at which the wreck came into the possession of the Receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him.
 
 
 
 
(2) Where any articles belonging to or forming part of a vessel, other than a Bangladesh ship, which has been wrecked on or near the coasts of Bangladesh or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of Bangladesh or are brought into any port or place in Bangladesh, the Consular Officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged to, shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and disposal of the articles.
 
 
 
 
(3) Where the owner of the wreck does not appear and claim the balance of the proceeds of sale within six months from the date of sale, the said balance shall vest in the Government.
Interfering with wrecked vessel or wreck
461. (1) A person shall not, without the leave of the master, board or endeavour to board any vessel which is wrecked, stranded or in distress, unless that person is, or acts by command of, the Receiver of Wreck or a person lawfully acting as such, and if he does so, shall be liable to be removed from the vessel or repelled by the master of the vessel by force.
 
 
 
 
(2) A person shall not-
 
 
 
 
(a) impede or hinder, or endeavour in any way to impede or hinder, the saving of any vessel stranded or in danger of being stranded, or otherwise in distress on or near the coasts of Bangladesh, including the territorial waters thereof, or of any part of the cargo or equipment of the vessel, or of any wreck;
 
 
 
 
(b) secret any wreck, or deface obliterate any marks thereon; or
 
 
 
 
(c) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded, or otherwise in distress, on or near such coasts or within those waters, or any part of the cargo or equipment of the vessel, or any wreck.
 
 
(3) If any person acts in contravention of this section, he shall, for each offence, be punishable with fine which may extend to twenty thousand Taka, and which may be imposed in addition to any other punishment to which he may otherwise be liable.
Search warrants where wreck is concealed
462. Where a Receiver of Wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof, or that any wreck is otherwise improperly dealt with, he may apply to the nearest Magistrate for a search warrant, and that Magistrate shall have power to grant such warrant, and the Receiver of Wreck by virtue thereof may enter any house or other place wherever situated and also any vessel and search for, seize and detain any such wreck there found.
Right of Government to unclaimed wreck
463. The right to all unclaimed wrecks found anywhere in Bangladesh vests in the Government, except where it has granted to any other person the right thereto.
Notice of unclaimed wreck to be given to persons entitled
464. (1) Where any person, is entitled for his own use to unclaimed wreck found in any place within the jurisdiction of a Receiver of Wreck, he shall deliver to the Receiver a statement containing the Particulars of his title, and an address to which notices may be sent.
 
 
 
 
(2) When a statement has been so delivered and the title proved to the satisfaction of the Receiver, the Receiver shall, on taking possession of any wreck found in a place to which the statement refers, send, within forty eight hours, to the address delivered a description of the wreck and of any marks by which it is distinguished.
Disposal of unclaimed wreck
465. Where no owner established a claim to any wreck found in Bangladesh and in the possession of a Receiver of Wreck within six months after it came into his possession, the wreck shall be dealt with as follows, that is to say,-
 
 
 
 
(a) if the wreck is claimed by any person who has delivered a statement under section 464, to the Receiver and has proved to the satisfaction of the Receiver his title to receive unclaimed wreck found in the place where that wreck was found, the wreck, after payment of all expenses, costs, fees, and salvage due in respect thereof, shall be delivered to him;
 
 
(b) if the wreck is not claimed by any such person as aforesaid, the Receiver shall sell the same and shall pay to the Government the proceeds of the sale, after deduction therefrom, the expenses of the sale, and any other expenses incurred by him, and his fees, and paying thereout to the salvers such amount of salvage as the Government may in each case, or by any general rule, determine.
Disputed title to unclaimed wreck
466. (1) Where any dispute arises between any person who has delivered a statement under section 464, and the Receiver of Wreck respecting title to wreck found in any place, or where more persons than one claim title to that wreck and a dispute arises between them as to that title, that dispute may be referred and determined in the same manner as if it were a dispute as to salvage to be determined summarily under this part.
 
 
 
 
(2) If any party to the dispute is unwilling to have the same so referred or, where it is so referred, is dissatisfied with the decision, he may, within three months after the expiration of six months from the time when the wreck has come into the Receiver's hands or from the date of the decisions, as the case may be, take proceedings in any Court having jurisdiction in the matter for establishing his title.
Delivery of unclaimed wreck by Receivers not to prejudice title
467. Upon delivery of wreck or payment of the proceeds of sale of wreck by a Receiver of Wreck, in pursuance of the provisions of this Chapter, the Receiver shall be discharged from all liability in respect thereof, but delivery shall not prejudice or affect any question which may be raised by third parties concerning the right or title to the wreck, or concerning the title to the soil of the place on which the wreck was found.
 
 

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Ministry of Law, Justice and Parliamentary Affairs