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03/07/2022
Laws of Bangladesh

The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

Chapter IV

SHIPPING CASUALTIES

Trial of offences
46. (1) Where, after considering the report under sub-section (1) or under sub-section (3) of section 45, the Government is of opinion that any contravention of any provision of this Ordinance or any other law which might have caused or contributed to occurrence of the casualty should be tried, the Government may direct the District Magistrate or the 1[Upazilla Nirbahi Officer] or the officer holding inquiry under sub-section (1) or sub-section (3) of section 45, as the case may be, to submit, for trial, a statement of the case to-
 
 
 
 
(a) a court of the Magistrate of the first class having jurisdiction at the place at which the casualty occurred; or
 
 
 
 
(b) a Marine Court constituted under section 47.
 
 
 
 
(2) The statement of case under sub-section (1) shall include-
 
 
 
 
(a) the names of the persons accused of the offences to be tried;
 
 
 
 
(b) the formal charges of the offences alleged to have been committed; and
 
 
 
 
(c) the list of witnesses intended to be produced in support of each charge:
 
 
 
 
Provided that the submission of the list of witnesses under clause (c) shall not preclude the District Magistrate or the 2[Upazilla Nirbahi Officer] or the officer holding inquiry under sub-section (3) of section 44, or the prosecution from submitting additional names of witnesses at any subsequent stage of the trial.

  • 1
    The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 11 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 2
    The words “Upazilla Nirbahi Officer” were substituted for the words “Subdivisional Magistrate” by section 11 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
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