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03/07/2022
Laws of Bangladesh

The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

Chapter IV

SHIPPING CASUALTIES

Inquiry into shipping casualty
45. (1) Upon the receipt of a report of shipping casualty under section 44, the 1[Upazilla Nirbahi Officer] shall-
 
 
 
 
(a) forthwith hold or cause to be held an inquiry respecting the shipping casualty, and
 
 
(b) within seven days, submit to the Government and to the District Magistrate a report stating the facts and circumstances of the casualty together with his observations, if any, as to the reasons of and responsibilities for the casualty.
 
 
 
 
(2) The person holding inquiry under sub-section (1) may-
 
 
 
 
(a) go on board any inland ship or other vessel involved and inspect any part, or any machinery equipment or other article on board, such ship or vessel;
 
 
 
 
(b) enter and inspect any such premises as appear to him to be necessary for the purpose of the inquiry;
 
 
 
 
(c) require the attendance of, and examine, any person who, he has reason to believe, has the knowledge or information relating to the facts and circumstances of the casualty; and
 
 
 
 
(d) require the production of such books, papers and documents as may reasonably appear to him to be necessary for the purpose of the inquiry.
 
 
 
 
(3) Notwithstanding the provisions of sub-section (1), the Government may, upon receipt of a report under sub-section (3) of section 44, cause to be held an inquiry respecting the casualty by such officer as it may appoint in this behalf and the officer shall-
 
 
 
 
(a) submit to the Government a report stating the facts and circumstances of the casualty together with his observation, if any, as to the reasons of and responsibilities for the casualty;
 
 
 
 
(b) have the powers and privileges referred to in sub-section (2).
 
 
 
 
(4) Where an inquiry is held under sub-section (3), no inquiry shall be held under sub-section (1).

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    The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 10 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
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