Print View

[Section Index]

The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 37


Powers and procedure of Court of Survey
445. (1) The Judge shall, on receiving notice of an appeal or a reference from the Government, immediately summon the assessors to meet forthwith in the prescribed manner.
(2) The Court of Survey shall hear every case in open Court.
(3) The Judge and each assessor shall, for the purposes of this Ordinance have the same powers of inspection, and of enforcing the attendance of witness and the production of evidence, as are by this Ordinance conferred on a Detaining Officer.
(4) The Judge may appoint any competent person to survey the ship and report thereon to the Court.
(5) The Judge shall have the same power as the Government has to order the ship to be released or finally detained; but, unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released.
(6) The owner and master of the ship and any person appointed by the owner or master and also any person appointed by the Government may attend at any inspection or survey made in pursuance of this section.
(7) The Judge shall report the proceedings of the Court in each case to the Government in the manner prescribed, and each assessor shall either sign such report or report to the Government the reasons for his dissent.

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs