211.
| (1) If it appears that there was no reasonable and probable cause, by reason of the condition of a ship or the act or default of the owner thereof, for the provisional detention under this Chapter of a ship as an unsafe ship, the Government shall be liable to pay to the owner of the ship-
| | (a) his costs of and incidental to the detention and survey of the ship; and | | |
| | (b) compensation for any loss or damage sustained by him by reason of the detention or survey. | | |
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| (2) If a ship is finally detained under this Act, or if it appears that a ship provisionally detained was at the time of such detention unsafe, the owner of the ship shall be liable to pay to the Government the costs of and incidental to the detention and survey of the ship; and such costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable. |
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| (3) For the purposes of this Act,-
shall be part of the costs of the detention and survey of the ship. | | (a) the costs of and incidental to any proceeding before a Court of Survey constituted under Part VIII; and | | |
| | (b) a reasonable amount in respect of the remuneration of the persons appointed as Surveyors under paragraph (c) of sub-section (2) of section 208, or any person appointed to represent the Government, | | |
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| (4) Any dispute as to the amount of the costs of the detention and survey of a ship may be referred to a Judge of the Supreme Court who shall, on the request of the Minister, ascertain and certify the proper amount of those costs. |
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| (5) An action for any costs or compensation payable by the Government under this section may be brought against the Attorney-General under Chapter XXXI of the Civil Procedure Code. |
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Sri Lanka Consolidated Acts