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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 38

WRECK

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.

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