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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 41

LIMITATION OF LIABILITY OF SHIPOWNERS

Limitation of liability of owner for damage
471. (1) If any loss of life or personal injury to any person, or any loss of, or damage to, any property or rights of any kind, whether movable or immovable, is caused without the actual fault or privity of the owner of a ship, whether a Bangladesh ship or not, the owner shall not-
 
 
 
 
(a) if no claim for damages in respect of loss of, or damage to, property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding five thousand Taka for each ton of the ship's tonnage; or
 
 
 
 
(b) if no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of, or damage to, property or rights to an aggregate amount exceeding fifteen hundred Taka for each ton of the ship's tonnage; or
 
 
 
 
(c) if claims for damages in respect of loss of life or personal injury and also claims for damages in respect of loss of, or damage to, property or rights arise, be liable for damages to an aggregate amount exceeding five thousand Taka for each ton of the ship's tonnage:
 
 
 
 
Provided that, in a case referred to in clause (c), claims for damages in respect of loss of life or personal injury shall, to the extent of an aggregate amount of fifteen hundred Taka for each ton of the ship's tonnage, have priority over claims for damages in respect of loss of, or damage to, property or rights, and, as regards the balance of the aggregate amount of five thousand Taka for each ton of the ship's tonnage, the unsatisfied portion of the first mentioned claims shall rank pari passu with the last mentioned claims.
 
 
(2) The provisions of this section shall extend and apply to the owners, builders or other persons interested in any ship built at any port or place in Bangladesh, from and including the launching of such ship until the registration thereof under the provisions of this Ordinance.
 
 
 
 
(3) The limits set by sub section (1) to the liabilities mentioned therein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on any other occasion.
 
 
 
 
(4) For the purposes of this section, a ship's tonnage shall be the gross tonnage of the ship.
Power of Supreme Court to consolidate claims against owners, etc.
472. Where any liability is alleged to have been incurred by the owner of a ship, whether a Bangladesh ship or not, in respect of any occurrence for which his liability is limited under section 471 and several claims are made or apprehended in respect of that liability, the Supreme Court, on an application made in this behalf by the owner, may-
 
 
 
 
(a) determine the amount of the owner's liability,
 
 
 
 
(b) distribute that amount rateably among the several claimants,
 
 
 
 
(c) stay any proceedings pending in any other Court in relation to the same matters, and
 
 
 
 
(d) proceed in such manner and procedure as the Supreme Court may deem fit as to-
 
 
 
 
(i) making persons interested parties to the proceedings,
 
 
 
 
(ii) the exclusion of any claimants who do not come in within a certain time,
 
 
 
 
(iii) the requiring security from the owner, and
 
 
 
 
(iv) the payment of costs.
Part owner to account in respect of damages
473. All sums paid for or on account of any loss or damage in respect whereof the liability of owners is limited under the provisions of this Chapter, and all costs incurred in relation thereto, may be brought into account among part owners of the same ship in the same manner as money disbursed for the use thereof.
Insurance of certain risks not invalid
474. An insurance effected against the happening without the owners' actual fault or privity, if any, or all of the events in respect of which the liability of owners is limited under this Chapter shall not be invalid by reason of the nature of the risk.
Proof of Passengers on board ship
475. In any proceeding under this Chapter against the owner of a ship with respect to loss of life, the passenger lists under Part V shall be received as evidence that the person upon whose death proceedings are taken under this Chapter was a passenger on board the ship at the time of death.
Definition of owner
476. For the purposes of this Chapter “owner” shall include the charterer, manager and operator of the ships,
 
 

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Ministry of Law, Justice and Parliamentary Affairs