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03/07/2022
Laws of Bangladesh

The Inland Shipping Ordinance, 1976

( Ordinance NO. LXXII OF 1976 )

Chapter IV

SHIPPING CASUALTIES

Special powers of Courts
52. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), a Court trying under this Chapter any offence may award any punishment provided for the offence.
 
 
 
 
(2) In a case where a shipping casualty has resulted in any loss of life or injury to person or property, or damage to any inland ship and the Court trying an offence is satisfied that the casualty or the loss, injury or damage is attributable to the fault of any inland ship or any other vessel or to any default, incompetence, misconduct or offence of the master or any other officer or crew of the ship, it may, without prejudice to the provisions of sub-section (1) or any of its other powers, by order, direct the owner or the master of the vessel or both to pay by way of compensation within three months a sum not exceeding 1[five lakh taka]-
 
 
 
 
(a) in the case of loss of life, to the heirs of the deceased,
 
 
 
 
(b) in the case of injury to person or 2[damage to property, to the person suffering the injury or the owner of the property, as the case may be,] and
 
 
 
 
(c) in the case of damage to any other vessel, to the owner of such vessel.
 
 
 
 
(3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the inland ship concerned.

  • 1
    The words “five lakh taka” were substituted for the words “one lakh taka” by section 14 of the Inland Shipping (Amendment) Act, 2005 (Act No. XIII of 2005)
  • 2
    The words and commas “damage to property, to the person suffering the injury or the owner of the property, as the case may be,” were substituted for the words and comma “property, to the person suffering the injury” by section 19 of the Inland Shipping (Amendment) Ordinance, 1983 (Ordinance No. XIX of 1983)
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