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Botswana Railways - Preliminary Ss 12


Published: 1987-10-01

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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)

1.       Short title

            This Act may be cited as the Botswana Railways Act.

2.       Interpretation

            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.