Published: 1987-10-01
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Establishment, Constitution and Membership of Organization
3. Establishment of Organization and legal personality
4. Composition of Organization
5. Resignation and removal from office
6. Tenure of office
7. Payment of members
PART III
Meetings and Proceedings of Board
8. Meetings
9. Signification of documents
PART IV
Officers, Employees and Agents of Organization
10. Appointment of officers and employees
11. Delegation to committee
PART V
Functions, Powers and Duties of Organization
12. Functions and powers
13. Exclusive privilege of Organization
14. Co-operation with authorities
15. Research and records
16. Powers of Minister to give directions
PART VI
Finance
17. Principles of financial operations
18. Fixing of tariffs and surplus funds
19. Borrowing powers
20. Vesting of property in Organization
21. Accounts and audit
PART VII
General
22. Annual report
23. Compulsory acquisition of land
24. Resettlement measures
25. Compensation for loss or damage
26. Power to call for information
26A. Confidentiality
26B. Powers of arrest
27. Power to make bye-laws, etc.
28. Protection from personal liability
29. Power to make regulations
30. Transitional provisions
31. Application of certain laws
Act 22, 1986,
S.I. 104, 1987,
Act 22, 2004.
An Act to provide for the establishment of an Organization to be known as the Botswana Railways for the provision and operation of railway services and for matters connected therewith or incidental thereto.
[Date of Commencement: 1st October, 1987]
PART I
Preliminary (ss 1-2)
This Act may be cited as the Botswana Railways Act.
In this Act, unless the context otherwise requires-
"contiguous railways" means any railway outside Botswana to which traffic can travel, to and from Botswana, in the same rail vehicle;
"financial year" means the year ending on 31st March in each year;
"former owners" means the National Railways of Zimbabwe or the Railways Unitary System Board of Management so far as they relate to assets within the borders of Botswana;
"Organization" has the meaning assigned to it under section 3;
"private siding" means any line of railway which is connected to, or is contiguous with, Botswana Railways, other than such connections at the national borders, which has been constructed on land not owned or leased by Botswana Railways, for the specific purpose of facilitating rail transport access to premises or works situated on that land;
"railway jurisdiction" means any property of the Organization and includes any of the following which belong to the Organization, namely, buildings, offices, premises, warehouses, trains, locomotives, carriages, wagons, railway yards, railway tracks and the adjoining land;
"railways services" means the conveyance of passengers, parcels and goods traffic by rail or road in accordance with the provisions of this Act;
"senior officer" means any employee of the Organization who holds a position which is designated as such by the Board.