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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.

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