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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI Of 1983 )

Chapter 39

SALVAGE

Salvage payable for saving life, cargo or wreck
468. (1) Where services are rendered-
 
 
 
 
(a) wholly or in part within the territorial waters of Bangladesh in saving life from any Bangladesh ship, or a sailing or fishing vessel registered in Bangladesh; or
 
 
 
 
(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of Bangladesh, including the territorial waters thereof; or
 
 
 
 
(c) by any person other than the Receiver of Wreck in saving any wreck,
 
 
 
 
there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case.
 
 
 
 
(2) Salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage.
 
 
 
 
(3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the Bangladesh Navy or the commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor.
 
 
 
 
(4) Any dispute arising concerning the amount payable for salvage under this section shall be determined upon application made by any of the parties to the dispute-
 
 
 
 
(a) to the District Judge, where the amount claimed does not exceed one lakh Taka; or
 
 
 
 
(b) to the High Court Division, where the amount claimed exceeds one lakh Taka.
 
 
 
 
(5) Where there is any dispute as to the persons who are entitled to the payment for salvage under this section, the District Judge or the High Court Division, as the case may be, shall decide the dispute, and if there are more persons than one entitled to such payment, the District Judge or the High Court Division shall apportion the amount payable among such persons.
 
 
 
 
(6) The costs of, and incidental to, all proceedings before the District Judge or the High Court Division under this section shall be in the discretion of the District Judge or the High Court Division; and the District Judge or the High Court Division shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.

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