JAMAICA RAILWAY CORPORATION

THE JAMAICA RAILWAY CORPORATION ACT

ARRANGEMENT OF SECTIONS

PART I Preliminary

1. Short title.
2. Interpretation.

PART I1 Establishment, Duties and Powers of
the Corporation

3. Establishment of Jamaica Railway Corporation.
4. Delegation of functions.
5 . Duty to furnish information.
6. Power to give directions to the Corporation.
7. General duties of Corporation.
8. Obligations under existing agreements.
9. Accommodation works.

10. General powers of the Corporation.
11. Power to fix rates, fares and other charges.
12. Conditions for holding goods on railway.
13. Provision of additional facilities for trafic.
14. Alteration of pipes, wires and drains.
15. Temporary entry upon land for purpose of preventing accident or

16. Notice of entry and compensation in relation to sections 14 and

17. Removal of trees obstructing working of railway.
18. Construction of railways by persons other than the Corporation.

repairing damage.

15.

PART III Further Powers in relation to L.und

19. Preliminary investigation of land required for railway purposes.
20. Power to acquire land under the Lands Clauses Act.
21, Restriction on alienation.

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2 JAMAICA RAlLWAY CORPORATION

PART IV Transfer of Assets and Liabilities
22. Transfer of rights and powers, assets and liabilities.
23. Exceptions as to certain liabilities.
24. Provisions relating to land.
25. Issue of stock to Government.
26. Existing contracts and pending proceedings, etc.

PART V Financial Provisions

27. Application of revenues.
28. Borrowing powers.
29. Advances, grams and guarantee of borrowings by Minister.
30. Repayment of, and interest on, advances and sums issued to meet

31. Securities.
32. General reserve.

guarantees.

PART Vl ACCOUR~S and Reports

33. Accounts.
34. Annual statement and report.
35. Laying of acconnts, etc., before Parliament.

PART va SfUO
36. Appointment of general manager, secretary and other servants.
37. Regulations.
38. Pension scheme.
39. Transfer of officers to Corporation.
40. Transfer of other employees to Corporation.
41. Retirement, etc., of transferred employees.

PART W I Bylaws and Rules
42. Bylaws.
.43. Rules.

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JAMAICA RAILWAY CORPORATION

PART I X Carriage of Passengers

44. Conditions for carnage of passengers.
4s. Time-tables and lists of fares.

PART X Carriage of Gwds

46. Conditions for carnage of goods.
47. Lien for rates and charges.
48. Disposal of unclaimed goods on railway.
49. Written description of goods required.
SO. Goods of a dangerous or offensive nature.
51. Carriage of animals infected with disease.

PART XI Responsibility of Corporalion us Carriers Md
Warehousemen

S2. Corporation not liable in certain cases.
53. Delay to vessels.
54. Liability for goods.
55. Passengers’ baggage.
56. Animals.
51. Vehicles.
58. Carriage of Goods Act applied.
59. Limit to compensation in certain cases and proof of value,
60. Notifrca.tion of claim.
61. Effect of false description of goods.
62. Injury to or loss of life of passenger.
63. Law relating to common carriers not applicable.

PART X n Tariffs

64. Publication of tarzs .
65. Printd copies to be evidenoe.
66. Copies to be kept at all stations.

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4 JAMAICA RAIL WA Y CORPORATION

PMT XlII Legal Pmeedingf

67. Limitation of suits against the Corporation.
68. Service of documents.

P ~ ~ R T XW Ogences und Penalties

69. Endangering safety of persons on railway.
70. Obstructing railwayS.
71. Drunkenness of railway servants and power to apprehend.
72. Drunkenness or nuisance on a railway.
73. Travelling with mtent to defraud.
74. Trial of Offences.
75. Power to arrest offender.

PART XV General

76. Rates and taxes.
77. Savings.

%EDULB

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JAMAICA RAILWAY CORPORATION L)

‘lTE JAMAICA RAILWAY CORPORATION ACT l d ~ , Ianr
42dl%e.
h

3rd-
U oi 197%

tisf April, 196O.l adm

ndma PART I PreIiminmy
I. This Act may be cited as the Jamaica Railway Cor- ShM t i th

poration Act.

2. In this Act unles the context otherwise requires the II-
tion. ~ p r e s s i ~

“agreement” rneana an agreement enforceable in law;
“baggage” includes such articles as are usually carried

by passengers for their personal use or convenience
and such other articles as may be declared by the
Corporation to be baggage;

“chairman” means the chairman of the Corporation;
“charges other than rates and fares” means demurrage,

dues, fees, storage, terminals and tolls and m y
chargm, not being rates or fares, for any service
performed, facility provided, penalty imposed, or
licence, permit or certificate granted; and for the
purposes of this definition “terminals” includes
charges in respect of cranes, depots, sidmgs,
stations, warehouses, wharves and other similar
matters and of any services rendered thereat;

‘‘Corporation’’ means the Corporation established in
accordance with this Act;

“debmture” includes debenture stock;
”fare” means any charge for conveying passengers;
“financial year” in relation to the Corporation means

a period of twelve months beginning 011 the 1st
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6 JAMAICA RAZL WAY CORPORATION

day of January in any year; provided that the
period beginning on the vesting day and ending
on the thirty-first day of December next following
shall be deemed to be a financial year;

“functions” includes powers and dutiw
“general manager” means the general manager of the

Corporation;
‘‘goods” includes animals whether alive or dead,

baggage, merchandise, parcels, perishables, vehicles
and any other movable property;

“intoxication” includes the state of being under the
influence of drugs, and grammatical variations of
that expression, and cognate expressions, shall be
construed accordingly;

“perishables” means goods liable to rapid deterioration
and includes bread, butter, cheese, eggs, fish, fruit,
game, meat, milk, plants, vegetables and any other
thing which may be declared by the Corporation
to be perishable goods;

“railway” i n c l u d w
(U) all immovable property, rolling stock, machinery,

road vehicles, vessels, rafts, and other movable
property, owned or used by the Corporation for
or in connection with the public carriage of passen-
gers and goods by road, rail or inland waterwax
and

(b) a railway under construction by or for the Cor-
poration;

“railway land” means land vested in or in the posses-
sion of the Corporation for the purposes of the
railway;

“railway servant’’ means any person employed by the
m a t i o n in connection with the servicx or con-

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JAMAICA RAILWAY CORPORATION

struction of a railway, but does not include an
independent contractor;

“rate” means any charge for receiving, forwarding,
conveying or delivering goods;

“route mileage” means the distance between the
terminal points of main and branch lines of rail-
way measured along the centre line of the main or
branch line, but does not include any siding;

“secretary” means the secretary of the Corporation;
“stock” includes shares but does not include deben-

tures;
“vehicle” includes a “motor vehicle” as defined in

section 2 of the Road Traffic Act, and any bicycle,
car, carriage, cart, handcart, perambulator, tricycle,
van or waggon and any other vehicle used or
intended to be used for the conveyance of persons
or goods;

“vesting day” means the day appointed by the Minister
under section 22.

7

PART 11. Eszablishment, Duties and Powers of the

3.-(1) For the purposes of this Act there shall be estab- Establish-

Corporation

mentpf

Railway
lished a body to be known as the Jamaica Railway Cor- J ~ ~ ~ , ~ ~

(2) The provisions of the Schedule shall have effect Schedule
poration. Corporation.

with respect to the constitution and operations of the Cor-
poration and otherwise in relation thereto.

(3) The Corporation shall be a body corporate having
perpetual succession and a common seal with power to
purchase, take, hold and dispose of land and other property
of whatever kind for the purposes of this Act.

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8 JAMAKA RAILWAY CORPORATION

(4) The Corporation may sue and be sued in its cor-
porate name and may for all purposes be described by
such name.

(5) The seal of the Corporation shall be authenticated
in the manner provided by the Schedule and shall be
officially and judicially noticed.

(6) A member of the Corporation shall not be per-
sonally liable for any act or default of the Corporation
done or omitted to be done in good faith in the course of
the operations of the Corporation.

Dzlega.

functions.

4 . 4 1 ) The Corporation may delegate to the general
manager such of its functions under this Act as are necessary
to enable him to transact effectively the day to day business
of the Corporation.

(2) The general manager may, unless otherwise
directed by the Corporation, delegate to any railway servant
or agent any of the functions delegated to the general man-
ager under subsection (1).

tion of

Dufy Lo 5. The Corporation shall furnish to the Minister such
information. information relating to the discharge of its functions and

its property and finances, including financial, statistical and
other returns, as the Minister may from time to time require
and, in particular, the statements and reports required by
Part VI.

fum!sh

Power to 6,-(1) The Minister may, after consultation with the
tlOnStothe chairman, give to the chairman directions of a general
Corporation character as to the discharge by the Corporation of its func-

tions in relation to matters appearing to the Minister to
be of substantial public importance, and the Corporation
shall give effect to all such directions.

give direc-

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JAMAICA RAILWAY CORPORATION 9

(2) Whenever in the opinion of the Minister it is
necessary for the public safety that there should be gates
and turnstiles across a public road at the point crossed by
the railway on a level it shall be lawful for him to require
the Corporation to erect such gates and turnstiles, and
thereafter the Corporation shall erect and maintain such
gates and turnstiles in working order.

7.-(1) It shall be the duty of the Corporation- Central
duties of

(U) to manage and operate in accordance with this Corporation,
Act the railway thereby transferred to the Cor-
poration and any expansion or extension thereof
and any new railway and to provide all reasonable
facilities for carriage by the Corporation of pas-
sengers and goods :

Provided that the Corporation shall not be under
an obligation to continue or introduce any par-
ticular service or facility which is uneconomic, or
which appears to the Corporation unlikely to pro-
vide within a reasonable time adequate revenue
to meet the cost to the Corporation of providing
that service or facility, unless the Minister so
directs, in which event the Corporation may be
reimbursed from the Consolidated Fund the
amount by which it is proved to the satisfaction
of the Minister that the revenue received from the
service or facility in respect of any financial year
is less than the amount of the charges properly
chargeable to revenue in respect of that year and
attributable to that service or facility;

(b) to control the expenditure of the Corporation
whether on revenue or capital account;

(c) so to conduct the affairs of the Corporation as to
ensure that, so far as practicable, the annual
revenues of the Corporation are, taking one finan-

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10 JAMAICA RAlLWAY CORPORATION

cial year with another, sufficient to meet all charges
properly chargeable to revenue; and

(4 to direct and control any expansion or extension
of the railway and the construction of any new
railway.

(2) In framing programmes of reorganization or
development involving substantial outlay on capital account,
the Corporation shall act in accordance with a policy settled
from time to time with the approval of the Minister.

(3) For the purposes of this section the expression
“charges properly chargeable to revenue” includes the
charges referred to in section 27.

Obligations

Ingagree-

8 . 4 1 ) From and after the vesting day the Corporation
shall maintain the fences erected and maintained on each
side of the railway and existing at that day, with such
accommodation bridges, level crossings and other works as
may have been fixed by agreement with the owners of lands
at the time when the amount of compensation to which they
were entitled was settled under the Lands Clauses Act:

Provided that fences of the same type as those heretofore
erected and maintained shall be considered sufficient for all
purposes.

(2) If at any time the owner of any such land adjoin-
ing the railway shall require any additional bridge, level
crossing or other accommodation work beyond those fixed
by agreement as aforesaid, the Corporation shall, on such
owner entering into an agreement to pay the entire cost of
such work and of its maintenance, carry out such work, or
permit it to be carried out according to designs and specifi-
cations to be approved by the Corporation, and to its satis-
faction.

under exist-

mats

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JAMAICA RAILWAY CORPORATION 11

9.-(1) Subject to subsection (3), the Corporation shall Accornmo.
datron make and at all times thereafter maintain the following works

works for the accommodation of the owners and occupiers
of lands adjoining the railway, that is to say-

(a) such and so many convenient gates, bridges, arches,
culverts and passages over, under, or by the sides
of or leading to or from the railway, as shall be
necessary for the purpose of making good any
interruptions caused by the railway to the use of
the lands through which the railway is made; and
such works shall be carried out forthwith after
the part of the railway passing over such lands
has been laid out or formed, or during the form-
ation thereof; and

(b) sufficient posts, rails, hedges, ditches, mounds, or
other fences for separating the land taken for the
use of the railway from the adjoining lands not so
taken and for protecting such lands from trespass,
or the cattle of the owners or occupiers thereof
from straying thereout by reason of the railway,
together with all necessary gates made to open
towards such adjoining lands and not towards the
railway, and all necessary stiles; such posts, rails,
and other fences to be made forthwith after the
taking of any such lands, if the owners thereof so
require, and such other works to be carried out as
soon as conveniently may be; and

(c) all necessary arches, tunnels, culverts, drains or
other passages either over or under or by the
sides of the railway, of such dimensions as will be
sufficient at all times to convey the water as clearly
from the lands lying near or affected by the rail-
way as before the making of the railway, or as
nearly so as may be; such works to be made from
time to time as the railway works proceed.

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12 JAMAICA RAILWAY CORPORATION

(2) Notwithstanding the provisions of subsection (1)
if any of the owners or occupiers of lands dected by the
railway at any time requires any accommodation works
additional to those made by the railway in accordance with
those provisions the Corporation shall, subject to subsection
(3), on such owner or occupier entering into an agreement
to pay the entire cost of such works and of their main-
tenance, make such works, or permit them to be made
according to dssigns and specifications to be approved by
the Corporation, and to its satisfaction.

(3) The Corporation shall not be required-

(0) to carry out any accommodation works under sub-
section (1)-

(i) with respect to which compensation has by
agreement been paid to the owners and
occupiers of the lands dected; or

(ii) with respect to which the owners and
occupiers of the lands affected have made
no representations during the course of the
construction of the section of the railway
concerned; or

(6) to carry m t or permit to be carried out any such
accommodation works or additional accommoda-
tion works as are referred to in the foregoing pro-
visions of this section, in such a manner as would
prevent or obstruct the working or use of the
railway.

(4) The foregoing provisions of this section shall
apply only to railway works executed by the Corporation
after the vesting day.

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JAMAICA RAILWAY CORPORATION 13

10.-(13 Subject to the provisions of this Act, the Cor- General

(a) to carry goods and passengers by rail, road and
inland waterway within Jamaica;

(b) to store goods;
(c) to consign goods on behalf of other persons from

any place in Jamaica to any other place, whether
within Jamaica or elsewhere;

(d) to provide for passengers carried by the Corpora-
tion and other persons using the services per-
formed or the facilities provided by the Corpor-
ation such other amenities and facilities as may
appear to the Corporation requisite or expedient.

(2) Subject to the provisions of t h i s Act, the powers
conferred by subsection (1) shall include all such powers
as are necessary or advantageous and proper for the pur-
poses of the Corporation and in particular, but without
prejudice to the senerality of the foregoing, shall include
power-

(a) to carry on any business necessary or desirable to
be carried on for the purposes of the Corporation;

(b) to sell, let or otherwise dispose of any property
of the Corporation, movable or immovable, which
in the opinion of the Corporation is not necessary
for the purposes of the Corporation;

(c) to enter into agreements with any person for the
performance or the provision by that person of
any of the services or facilities which may be per-
formed or provided by the Corporation;

(d) where it appears to the Corporation to be essential
so to do, to provide suitable accommodation for
persons employed by the Corporation;

powen of
the Cor-
poration

poration shall have power-

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14 JAMAICA RAILWAY CORPORATION

(e ) to sell food and drink, including alcoholic
beverages, on railway premises and on camages
at such times and on such conditions as the Cor-
poration may think fit;

(f, to do anything for the purpose of advancing the
skill of persons employed by the Corporation or
the efficiency of the equipment of the Corporation
or of the method of operating that equipment in-
cluding the provision of facilities for training,
education and research;

lg) to make reasonable provisions by grants, loans or
otherwise for purposes conducive to the welfare
of persons employed by the Corporation;

(A) to establish, maintain and work a telecommunica-
tion service for the use of the Corporation; and

(2’) generally to do any other thing, or carry on or
arrange for the carrying on of any business ancil-
lary or incidental to the functions of the Corpora-
tion which, in the opinion of the Corpora-
tion, is in the interest of the public or of the due
performance of those functions.

13) This section shall not be construed as limiting
any power of the Corporation conferred by or under any
other provision of this Act.

Power to
fix rates,
tares a d t i m e
other
charges.

11. The Corporation shall have power from time to

( U ) subject to such upper limits as may be determined
by the Minister, to fix rates and fares;

(b) to fix charges other than rates and fares;
(c) to enter into agreement for the carriage of goods

at rates lower than the rates fixed under para-
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JAMAICA RAILWAY CORPORATION 15

graph (a) but subject to such other charges and
conditions, if any, as the Corporation thinks fit;

(d) to convey passengers at fares lower than the fares
fixed under paragraph (a) but subject to such con-
ditions, if any, as the Corporation thinks fit, other
than a condition exempting the Corporation from
liability for injury to any person caused by the
negligence of the Corporation, its servants or
agents;

(e) for any particular purpose, or on any particular
occasion, or in any particular circumstance, and
subject to any conditions the Corporation thinks
Et, to remit in whole or in part any rate, fare or
other charge fixed under paragraph (a) or para-
graph (b);

0 in circumstances requiring the Corporation to ren-
der services additional to those normally provided
by it in respect of the carriage of goods or passen-
gers, and notwithstanding that an upper limit has
been determined by the Minister under paragraph
(U), to fix a rate or fare higher than such upper
limit,

and to levy any rate, fare, or other charge fixed under any
of the provisions of this section.

12. The Corporation may (in addition to fixing charges Conditions
for holding other than rates and fares under the provisions of section goodson

11) impose conditions not inconsistent with the provisions
of this Act for the holding of goods left upon a railway
before or after carriage or for warehousing or in any other
circumstances whatsoever.

13,-(1) The Corporation may provide and maintain- ;g;gpf
(a) footways and roadways on any of its bridges for t;g;afor

the passage of persons or vehicles;
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16 JAMAICA RAILWAY CORPORATION

(h) piers and wharves for the accommodation of
traffic;

(c) other facilities for the accommodation of traffic.

(2) The Corporation may (in addition to fixing
charges other than rates and fares under the provisions of
section 11) impose conditions not inconsistent with the pro-
visions of this Act in respect of traffic using such footways,
roadways and facilities as aforesaid.

Alteration
of p i p .
wires and
drains.

Temporary
entry upon
land for
purpore of
preventing
accident or
repairing
damage.

Notice of
entry and
mmpensa-
Lion in
relation to
sections
14 and 15.

14. Subject to section 16, the Corporation may, for the
purpose of exercising the powers conferred on it by this
Act, alter the level or position of any pipe, conduit, drain,
electric wire or post.

15. Subject to section 16, the Corporation may, in case
of any slip or other accident happening or being appre-
hended to any cutting, embankment or other work under
the control of the Corporation, enter upon any lands adjoin-
ing the railway for the purpose of preventing such accident
or of repairing damage caused thereby, and may do all
such works as may be necessary for the purpose.

16.-(1) In the exercise of the powers conferred by sec-
tions 14 and 15 the Corporation shall, when practicable,
give notice of the intention to enter upon any occupied
land to the occupier thereof, and shall do as little damage
as possible, and shall pay compensation for any damage
caused by the exercise of those powers.

(2) In the event of dispute as to the amount of any
compensation payable under this section, the amount of
the compensation may be determined by the Resident
Magistrate having jurisdiction in respect of the place where
the land is situated.

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JAMAICA RAILWAY CORPORATION 17

1 7 . 4 1 ) An officer duly authorized in that behalf by the Removalof
Corporation, if there appears to him to be danger that a obstructing
tree standing near a railway may fall on the railway so as
to obstruct traffic, or may obstruct the view of any fixed
signal, may fell the tree or deal with it in such other manner
as will avert the danger or remove the obstruction, as the
case may be.

(2) When the power conferred by subsection (1) is
exercised in respect of a tree on land other than railway
land, jf the tree was in existence before the railway was
constructed or the signal was fixed near the place where
the tree was standing, the Corporation shall pay compensa-
tion to the person entitled thereto.

(3) In the event of dispute as to the amount of any
compensation payable under this section the amount of
compensation may be determined by the Resident Magis-
trate having jurisdiction in respect of the place where the
land is situated.

trees

1%. It shall be unlawful for any person, without the con- C O ~ S ~ U C -
sent of the Minister, to construct or operate a railway for
the public carriage of passengers or goods within Jamaica. k&!;T::

tion of

the Car-
poration.

PART III Further Powers in relation to Land
19.-(1) Whenever it appears to the Corporation that Preliminary

invest~gahon

required for
land in any locality is likely to be needed for any purposes of land
of the railway, the Corporation, after giving notice to the railway
occupier of such land of its intention so to do, by its servants PurPoSes~
or agents, together with all necessary workmen-

(a) may enter upon any land in such locality;
(b ) may-

(i) survey and take levels of such land;
(ii) dig or bore under the subsoil;

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18 JAMAICA RAILWAY CORPORATION

(iii) do all other acts necessary to ascertain
whether the land is adapted for such pur-
poses;

(c) may clear, set out and mark the boundaries of the
land which the Corporation proposes to acquire
and the intended line of work (if any) proposed to
be made therein;

(d) may mark such levels, boundaries and line by
placing marks and cutting trenches; and

(4 may cut down and clear away any standing crop,
fence, bush or woodland, whose removal is neces-
sary to enable the survey to be completed, the
levels taken or the boundaries or line of the work
marked,

so, however, that no such servant, agent or workman shall
enter into any building or upon any enclosed court or
garden attached to a dwelling-house (except with the con-
sent of the occupier thereon unless at least seven days’
notice of the intended entry has been given to such occupier.

(2) As soon as conveniently may be after any entry
made under subsection (1) the Corporation shall pay com-
pensation for all damage arising out of the exercise of any
power conferred by that subsection.

(3) In case of dispute as to the amount of any com-
pensation payable under this section, the amount of the
compensation may be determined by the Resident Magis-
trate having jurisdiction in respect of the place where the
land is situated.

Power to

underthe

20.-( 1) For the purpose of carrying out this Part, it shall
be lawful for the Corporation to acquire land under the
Lands Clauses Act.

acquire land

Lands

Act
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JAMAICA RAILWAY CORPORATlON

(2) The Lands Clauses Act is incorporated with this
Part, except sections 10, 11, IS, 16, 84, 88, 89, 90, 91, 92, 93,
101, 103, 104, 105 and except in so far as that Act is in-
consistent with or varied by the provisions of this Act.

(3) If in any case compensation should be demanded
for the alienation of any land required for the purposes of
the railway and proceedings should arise for the assess-
ment of such compensation under the Lands Clauses Act
the valuing authority named and provided in that Act
shall, before making an award, estimate the advantage as
well as the disadvantage likely to accrue to the adjoining
land, if any, of the claimant for compensation on account
of the operating of the railway and shall reduce the com-
pensation by the value of such advantage but, so, however,
that nominal compensation shall in all cases be payable.

19

21. The Corporation shall not without the approval of Restriction
on aliena- the Minister alienate, mortgage, charge or demise any im- tion.

movable property vested in the Corporation under any
of the provisions of this Act.

PART IV Transfer of Assets and Liabilities
22. Upon a day to be appointed by the Minister by notice Transferof

rights and
in the Gazette* by virtue of this section and without further
assurance there shall be transferred to and vested in the
Corporation- ’

(a) all the rights, powers and privileges for carrying
on and regulating and maintaining the business of
the Jamaica Government Railway which are vested
in the Governor by section 2 of the Jamaica
Government Railway Law (now repealed) and by cap. 174

(1953
Revised
Edtn.).

any other law of this Island;

0 1st Api l , 19M) w a s appointed by LN. 58/1960
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20 JAMAICA RAlLWAY CORPORATION

(b) all the assets of the Jamaica Government Railway
of whatsoever kind and wheresoever situated which
are the property of the Government vested in the
Governor, or the Chief Secretary, as the case may
be, and all the liabilities of the Government in
respect of the Jamaica Government Railway.

Exceptions 23. Notwithstanding anything contained in section 22
liabilitie4. there shall not, by reason of the transfer of assets and

liabilities provided for therein, be transferred to the Cor-
poration-

(a) any liability in respect of amounts shown in the
accounts of the Jamaica Government Railway as
outstanding railway loans on vesting day so, how-
ever, that-

(i) the existing liability of the Government in
respect of those loans shall remain with the
Government;

(ii) the Corporation shall pay all interest
charges on those loans;

(iii) the total amount of the loan liabilities, to
which shall be added the value of usable
goods on order at vesting day, shall appear
on the books of the Corporation as an un-
secured loan;

(b) any liability for the payment of pensions, gratuities,
provident fund benefits or allowances in the nature
of retirement benefits to or in respect of persons
employed in the Jamaica Government Railway in
respect of service before the vesting day.

as to certain

~ ~ ~ v i ~ i ~
re1atiny to
land.

24.-(1) Land transferred to and vested in the Corpora-
tion by virtue of section 22 shall not be valued for the
purpose of such transfer and vesting.

-
F e indusion of th is page is authorized by L.N. 480/1973]

JAMAlCA RAILWAY CORPORATION 21

(2) The Corporation shall not without the prior
approval of the Minister acquire land other than land
transferred to and vested in the Corporation by virtue of
section 22.

25.-(1) In consideration of the vesting in the Corpora- issue of
tion of the assets and liabilities of the Jamaica Government Govern.
Railway the Corporation shall on vesting day issue to the
Government stock of an amount sufficient to cover the
difference between the sum appearing on the books of the
Corporation as an unsecured loan and the value of the
assets so vested which value shall for the purposes of this
section be deemed to be six million dollars.

(2) The Corporation is hereby empowered to pay

stock io

dividends on such stock.

26.-(1) All deeds, bonds, agreements, instruments and Existinq
working arrangements subsisting imnediately before the and wnding
vesting day and affecting the Jamaica Government Railway :wedinas,
shall have effect against or in favour of the Corporation and
be enforceable as fully and effectually as if instead of the
Jamaica Government Railway, or some person on behalf
thereof, the Corporation had been named therein or had
been a party thereto.

(2) Any proceedings or causes of action pending or
existing immediately before the vesting day by or against
the Jamaica Government Railway or the general manager
thereof in respect of the Jamaica Government Railway may
be continued or enforced by or against the Corporation as
such proceedings or causes of action might have been con-
tinued or enforced by or against the Jamaica Government
Railway or the general manager thereof if this Act had
not been enacted.

wntracts

IThe inclusion of this page is authorized by L.N. 480/1973]

22 JAMAlCA RAlLWAY CORPORATION

PART v Financial Provisions
27.-(1) The revenues of the Corporation shall be applied

for the purposes authorized by this or any other Act in
relation to the functions of the Corporation and without
prejudice to the generality of the foregoing words may be
applied for all or any of the following purposes, that is to
say-

(a) grants for purposes conducive to the welfare of
persons employed by the Corporation;

(b ) debt charges (including sinking fund), minor works
of a capital nature, and the redemption of capital.

(2) Nothing in this section shall require the Cor-
poration to make charges against revenue both for redemp-
tion of capital and for depreciation or renewal of capital
assets which have been acquired directly or indirectly from
funds derived from the issue of such capital.

Application
of re"e""Is.

Borrowing 28.-(1) Subject to the provisions of subsection (2), the
Corporation may borrow sums required by it for meeting
any of its obligations or discharging any of its functions.

(2) The power of the Corporation to borrow shall be
exercisable only with the approval of the Minister as to
the amount, as to the sources of the borrowing and as to
the terms on which the borrowing may be effected. An
approval given in any respect for the purposes of this
subsection may be either general or limited to a particular
borrowing or otherwise, and may be either unconditional or
subject to conditions.

powers.

Aduances, 29 .41) The Minister may from time to time make
guarantee advances and grants to the Corporation out of sums placed
borrowingr upon the estimates of the Island for the purpose and
by
Minister. approved by the House of Representatives.

grants and

[The inclusion of this page is authorized by L.N. 480/19731

JAMAICA RAILWAY CORPORATION 23

(2) With the approval of the House of Representa-
tives, the Minister may guarantee, in such manner and on
such conditions as he may think fit, the payment of the
principal and of interest on any authorized borrowings of
the Corporation made otherwise than by way of advance
under subsection (1).

(3) Where the Minister is satisfied that there has
been default in the repayment of any principal moneys or
interest guaranteed under this section, he shall direct the
repayment out of the Consolidated Fund of the amount in
respect of which there has been such default.

30. The Corporation shall make to the Accountant- Repayment
General, at such times and in such manner as the Minister :ic2: On,
may direct, payments of such amounts as may be so directed
in or towards repayment of advances made to the Corpora- im:d to
tion under section 29, and of any sums issued in fulfilment guarantees
of any guarantee given thereunder, and payments of interest
on any sum outstanding for the time being in respect of
such advances and of any sums so issued at such rate as
the Minister may direct, and different rates of interest may
be directed as respects different advances or sums and as 4211969
respects interest for different periods.

meet

3rd Sch.

31. The Corporation- Securities.
(U) may create and issue stock, including debentures,

required for the purpose of exercising its borrow-
ing powers under section 29;

(b) shall establish a sinking fund for the redemption
of debentures so created;

(c) may postpone sinking fund contributions for such
period or periods of time as may be approved by
the Minister.

me inclusion of this page is authorized by L.N. 480/1373]

24 JAMAICA RAILWAY CORPORATION

Gencral 32-41) Without prejudice to the power of the Corpora-
tion to set aside from revenue appropriate amounts for
replacements, contingencies or other purposes, the Cor-
poration shall establish and maintain a general reserve for
the purposes of its functions.

(2) The management of the general reserve, the sums
to be carried from time to time to the credit thereof, the
charges to be made against the general reserve and any
other application of the moneys comprised therein shall be
as the Corporation may determine.

reserve.

PART VI Accounts und Reports

33 .41) The corporation shall cause to be kept proper
accounts and relevant records; and its system of accounting,
in so far as it relates to-

(a) the determination of rates of depreciation;
(b) the establishment of procedures regulating reserves,

deficits or accumulated surpluses and the disposal
of balances on net revenue account;

(c) the procedure to be adopted in relation to the
charging for operations outside normal railway
operations and arising from Government direct-
ives,

Accounts.

shall be subject to the approval of the Minister.

(2) The accounts of the Corporation shall be audited
by auditors to be appointed annually by the Corporation
with the approval of the Minister.

Annual
statement
and report.

34.-(1) The Corporation shall prepare an annual state-
ment of accounts in such form, containing such particulars
and compiled in such manner as the Minister may from
time to time direct with the approval of the Minister res-
ponsible for finance..

me inclusion of this page is authorized by L.N. 480119731

JAMAICA RAILWAY CORPORATION

(2) The said annual statement shall be so framed
as to provide separately, so far as may be, information as
respects the performance of the several functions of the
Corporation and to show, so far as :nay bc, the financial
and operating results of the performance of its principal
functions.

(3) So soon as the accounts of the Corporation have
been audited, the Corporation shall furnish to the Minister
a copy of the statement of accounts together with a copy
of any report made by the auditors thereon or on the
accounts of the Corporation.

(4) The Corporation shall, as soon as may be, after
the end of each financial year furnish to the Minister a
report dealing generally with the operations of the Cor-
poration during that year.

25

35. The Minister shall lay before each House of Parlia- Layinsof
accounb.

?U ammt.
ment a copy of the statement of accounts and of any reports
made by the auditors thereon, together with the report
made under subsection (3) of section 34.

PART VII Stag
36.-(1) Subject to the other provisions of this Part, the

Corporation may appoint and employ at such remuneration LMasi
and on such terms and conditions as it thinks fit a general ssrrtary
manager and a secretary and such other servants and agents
as it thinks necessary for the due performance of its func-
tions :

mluuer.

and 0th

Provided that-
(U) a person shall not be appointed general manager

without the prior approval of the Minister;
(b) the Corporation shall have power to dismiss the

general manager, subject to the prior approval of
the Minister;

p’bo inclusion of this pags ia anthoriesd by L.N. 17/1989]

26 JAMAICA RAILWAY CORPORATION

271 1988 (c) a salary exceeding the prescribed rate shall not be
assigned to any post without the prior approval
of the Minister.

??:I988 (2) In subsection (1) the prescribed rate means a
S.1 (c). rate of $15,000 per annum or such rate as the Minister may,

by order, prescribe.
37.-( 1) The Corporation may make regulations deter-

mining generally the conditions of service of servants of the
Corporation and in particular, but without prejudice to
the generality of the foregoing power, may make regula-
tions relating to-

(a) the appointment, dismissal, discipline, hours of
employment, pay and leave of such servants;

tb) appeals by such servants against dismissal or other
disciplinary measures;

(c) the grant of pensions, gratuities and other benefits
to or in respect of the service of such servants;

(d, the establishment and maintenance of sick funds,
superannuation funds and provident funds, the
contributions payable thereto and the benefits
receivable therefroin;

(e) the deduction from the salary or wages of such
servants of money owed by them to the Corpora-
tion.

(2) Regulations made by the Corporation in relation
to any of the matters referred in paragraph (e) of subsection
(1) shall not take effect unless they have been approved by
the Minister.

%.-(I) The Corporation shall, as soon as may be, make
regulations establishing a pension scheme which shall be
such as to make i t possible in the opinion of the Minister
responsible for the public service for service with the Cor-
poration to be declared public service under the provisions Of
the Pensions Act; and regulations establishing such scheme
shall not come into force unless the Minister responsible for

S.2 (a).

Rcgulationi.

Pension
~chcmc.

LN.
149~179

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JAMAICA RAILWAY CORPORATION 21

the public service by notice in the Gazerre declares that such LN.
regulations comply with the provisions of this subsection. 149el79

h .

(1)
of

(2) A pension scheme established under subsection
shall apply in relation to such class or classes of servants
the Corporation as may be specified in the scheme; and

nothing in that subsection shall be construed as preventing
the Corporation from providing by regulations made under
section 37 for the grant of-

(a) retirement benefits of any kind for or in respect
of servants of the Corporation in relation to whom
the said scheme does not apply; or

(b) any benefits for or in respect of servants to whom
the said scheme applies, in addition to the benefits
provided by the said scheme.

(3) Such a pension scheme as aforesaid shall, in
relation to persons transferred to the service of the Cor-
poration under section 39, provide for the grant upon
retirement of benefits calculated as if such persons had not
ceased to be employees of Government, so, however, that
the Corporation shall be liable to pay such portion only of
any such benefit as i s not payable from the funds of
Government.

39.-(1) The Corporation shall, subject to the provisions Tmsfer of
officers to of this section, continue to employ in the service of the Cor- Corpora-

poration all such persons as immediately prior to the vesting tion.
day were employed in the Jamaica Government Railway
either as the holders of posts declared to be pensionable
or non-pensionable within the meaning of the Pensions
Act or as permanent employees of the Jamaica Govern-
ment Railway and all such persons shall be deemed to be
seconded from the service of the Government to the service
of the Corporation; and any person to whop this subsection
applies is for the purposes of this section referred to as an
“officer”.

m e inclusim of this page is sutborizsd by L.N. 57/1980]

28 JAMAICA RAILWAY CORPORATION

(2) The Governor may at any time determine the
secondment of an officer.

(3) The Corporation shall within twelve months
from vesting day give to every officer then in its employ-
ment by virtue of subsection (1) notice in writing-

(0) offering him employment on such terms as may
be agreed upon between the Minister and the Cor-
poration; or

(b) of the intention of the Corporation to request the
Governor to determine his secondment,

and the secondment of every officer shall unless sooner
determined cease upon the expiration of eighteen months
from vesting day.

(4) The Corporation shall not offer employment to
any officer except upon terms and conditions certified under
the hand of the Chief Personnel Officer to be in his opinion
not less favourable than those enjoyed by the officer in his
substantive post at the date of such offer.

(5 ) The Chief Personnel Officer shall not decline so
to certify the terms and conditions comprised in any offer
merely because they are not in all respects identical with or
superior to the terms and conditions enjoyed by the officer
concerned at the date of such offer, if the first-mentioned
terms and conditions, taken as a whole, in the opinion of
the Chief Personnel Officer offer substantially equivalent or
greater benefits.

(6) If an officer refuses an offer of employment made
to him in pursuance of this section, the obligation imposed
upon the Corporation by subsection (1) to employ the officer
shall thereupon determine.

(7) When an officer accepts an offer of employment
made in pursuance of this section, his service with the Cor-
poration shall be deemed to have commenced, and his ser-

me inclusion of this page is authorized by LN. S7/1980]

L

JAMAICA RAILWAY CORPORATlON 29

vice with the Government to hzye ceased, upon the expira-
tion of the period of one year from the vesting day.

(8) A contributor making payments in pursuance of
the Pensions (Civil Service Widows and Orphans) Act (now
repealed) whose service with the Corporation has com-
menced, and whose service with the Government has ceased,
by virtue of subsection (7), may, from the date of the com-
mencement of his service with the Corporation, continue to
make such payments calculated on the salary he was
receiving while in the service of the Government, at the
same rate and subject to the same terms as if he had
continued in the service of the Government at that saltiry.
In the event of his ceasing to contribute, or in the event
of any contribution due from him not having been paid
for six months, his widow, or his widow and children, as
the case may be, shall be entitled, after the desth of such
contributor, only to a pension computed on the basis of
the interest acquired by such contributor at the date of the
commencement of his service with the Corporaticn or of
his ceasing to contribute, in accordance with the relevant
provisions of section 8 of the Pensions (Civil Service Family
Benefits) Act.

(9) In the exercise of any powers conferred upon
him by this section, the Governor may act in his discretion.

40. Every person employed by the Government and serv- Transfer
ing in the Jamaica Government Railway, not being an officer employees
within the meaning of section 39, shall cease to be in the
employment of the Government on the vesting day and shall lion.
be deemed to be employed by the Corporation with effect
from the vesting day on the same terms and conditions as
those on which he was employed immediately before the
vesting day, but without prejudice to the right of the Cor-
poration to dispense with the services of any such person,

of other

LThu inclusion of this page is auhhorkd by L.N. hB(19781

30 IAMAICA RAILWAY CORPORATION

or to alter the terms and conditions on which he is
employed.

Retirement.
etc.. of trans-
ferred
m ~ ' o ~ e e n -

41.-(1) Where any employee who, by virtue of section
40, is deemed to be employed by the Corporation with effect
from the vesting day, retires from or dies in the service of
the Corporation in circumstances in which, if his service
with the Corporation had been service with the Govern-
ment, he would have been eligible for the grant of a pension,
gratuity or other allowance, the Corporation may, with the
concurrence of the Minister, grant to him or his legal per-
sonal representative a pension, gratuity or other allowance
not exceeding that for which he would have been eligible
if his service with the Corporation had been service with the
Government.

(2) The Government shall pay to the Corporation in
respect of any pension, gratuity or other allowance granted
under subsection (l), a contribution equal to such proportion
of the pension, gratuity or other allowance as the term of
service of the employee with the Government bears to the
total term of his service with the Government and the Cor-
poration.

(3) Nothing in this section shall be construed as
preventing the Corporation from granting, in its discretion,
any sum or sums to or in respect of any such employee by
way of pension, gratuity or other allowance in addition to
any pension, gratuity or other allowance granted under the
provisions of subsection (11, but the Government shall not
be required to make any contribution towards any such
additional sum so granted.

PART VIlI. By-Laws and Rules
42.-(1) The Corporation may, with the approval of the

Minister, make by-laws, not inconsistent with the provisions
of this Act, for all or any of the following purposes-

By-laws.

me Urclusioo of this page is authorjzrd by L.N. 68/19781

JAMAICA RAILWAY CORPORATION 31

(U) for providing for the accommodation and con-
venience of passengers, and regulating the carriage
of their baggage;

( b ) for declaring what shall be deemed to be, for the
purposes of this Act, dangerous or offensive goods,
and for regulating the carriage of such goods;

(c) for regulating the conditions on which the Cor-
poration will carry passengers or animals suffering
from infectious or contagious disorders, and pro-
viding for the disinfection of vehicles which have
been used by or for such passengers or animals;

(d) for regulating the terms and conditions on which
the Corporation will warehouse or retain goods at
any station on behalf of the consignee or owner;

(e) for preventing the commission of any offence or
nuisance in or about any of the stations, works,
plant, buildings or premises of the railway;

(f, for preventing trespasses upon or injury to the
railway, roadways, stations, works, plant build-
ings or premises attached thereto or otherwise
belonging thereto;

(g) for the regulation of any motor transport service
operated by or on behalf of the Corporation;

(h) for regulating the duties and conduct of porters
or other persons, not being railway servants, at
any railway station or on other railway premises
in relation to the carrying of goods or the driving,
drawing or propelling of vehicles for the carriage
of passengers or goods, and for fixing the charges
to be paid to them therefor;

(z) for regulating public or private traffic across the
railway at any level crossing or elsewhere; and

W e inclusion of this page is authorized by L.N. 480/1973]

32 JAMAICA RAILWAY CORPORATION

( j ) generally for regulating the travelling upon and
use of the railway and the governance thereof and
maintenance of good order thereon.

(2) By-laws made under this section may provide
that the breach of any of them shall be an offence punishable
on summary conviction in a Resident Magistrate's Court or
a Court of Petty Sessions with such fine as may be specified
in relation thereto, not exceeding forty dollars, or, in the
case of a by-law regulating the carriage of dangerous or
offensive goods, one hundred dollars.

(3) The Corporation shall keep at each station on
the railway a copy of the by-laws made under this section
and for the time being in force, and shall allow any person
to inspect it free of charge.

Rules. 43.-(1) The Corporation may make rules for the guid-
ance and conduct of railway servants and for regulat-
ing the working and management of the railway.

(2) Rules made under this section shall not be
required to be published in the Gazerre or for the informa-
tion of the public, but shall be brought to the notice of all
servants of the Corporation in such manner as the Corpora-
tion may think fit.

PART IX Carriage of Passengers
44. The Corporation may, in addition to fixing fares

under the provisions of section 11, impose conditions, not
inconsistent with the provisions of this Act, for the carriage
of passengers.

Conditions
for carriage

w=ngem.
of

The-hbles

of

45. The Corporation shall keep constantly exhibited in
some conspicuous place at each station on the railway-

(a) time-tables indicating the passenger train services
for the time being in operation on the railway;

and lisls

[The inclusion of this page is authorized by L.N. 480/1973]

JAMAICA RAILWAY CORPORATION

(b) a list showing the fares of passengers by the trains
included in the time-tables of the railway from
that station to every other place for which passen-
ger tickets are there issued.

33

PART X Carriage of Goods

46. The Corporation may, in addition to fixing rates Condirlons
under the provisions of section 11, impose conditions for ~ ~ ~ ~ ~ g e
the receiving, forwarding, conveying and delivering of
goods.

47.41) Where goods are delivered to the Corporation h e n for
rates and it shall be lawful for the Corporation to receive and hold

such goods subject t-
(U) a lien for moneys due for the carriage of or other

proper charges or expenses upon or in connection
with such goods; and

(b) a general lien for any moneys or charges due to
the Corporation from the owners of such goods
for any services rendered or accommodation pro-
vided in relation to the carriage or storage of
goods.

(2) If any lien as aforesaid is not satisfied within
a reasonable time from the date upon which the Corpora-
tion first gave notice of the exercise of its lien to the owners
of the goods, the goods may be sold and the proceeds of
sale applied in or towards the satisfaction of every such
lien and all proper charges and expenses in relation thereto
and the Corporation shall account to the owners of the
goods for any surplus.

(3) A general lien conferred by this section shall
not prejudice an unpaid vendor’s right of stoppage in
transitu.

m e inclusion of this page is authorized by L.N. 480/1973]

34 JAMAICA RAILWAY CORPORATION

Disposal of

goodson
railway.

4 8 . 4 1 ) Where any goods have come into the possession
of the Corporation for carriage or otherwise and are not
claimed by the owner or other person appearing to the Cor-
poration to be entitled thereto, the Corporation may, in the
case of perishable goods, sell such goods at any time and in
the case of other goods shall, if such owner or person is
known, cause a notice to be served upon him requiring him
to remove the goods within two months from the date of
such notice.

unclaimed

(2) If such person or owner is not known, or the
notice cannot be served upon him, or he does not comply
with the requisition in the notice, the Corporation may sell
the goods and shall render the surplus, if any, of the pro-
ceeds of the sale to any person who satisfies the Corpora-
tion that he is entitled thereto.

Written

of goods
required.

49.-(1) The owner or person having charge of any goods
which are brought upon a railway for the purpose of being
carried thereon, and, if so required by a railway servant,
the consignee of any goods which have been carried on the
railway, shall deliver to a railway servant an account in
writing signed by such owner or person, or by such con-
signee, as the case may be, and containing a description of
the goods sufficient to determine the rate which the Cor-
poration is entitled to charge in respect thereof and the
conditions of carriage under which it will accept the goods.

(2) If such owner, person or consignee neglects to

(U) in respect of goods which have been brought for
the purpose of being carried on the railway, agree
to carry the goods and charge a rate not exceeding
the highest rate which may be in force at the time
on the railway for any class of goods; or

description

give such an account? the Corporation may-

m e idusion of thb page is authorized by L.N. 480/19731

IAMAICA RAILWAY CORPORATION 35

(b) in respect of goods which have been carried on the
railway, charge a rate not exceeding such highest
rate.

(3) If an account delivered under subsection (I) is
materially false with respect to the description of any goods
to which it purports to relate, and which have been carried
on the railway, the Corporation may charge in respect of
the carriage of the goods a rate not exceeding double the
highest rate which may be in force at the time on the rail-
way for any class of goods.

(4) If any difference arises between a railway servant
and the owner or person having charge or the consignee
of any goods which have been brought to be carried or have
been carried on the railway respecting the description of
goods of which an account has been delivered under this
section, the railway servant may detain and examine the
goods.

(5 ) Jf it appears from the examination that the des-
cription of the goods is different from that stated in an
account delivered under subsection (11, the person who
delivered the account, or, if that person is not the owner of
the goods, then that person and the owner, jointly and
severally, shall be liable to pay to the Corporation the cost,
if any, of the detention and examination of the goods.

(6) If a person required under this section to give
an account of any goods wilfully gives an account which is
materially false, he shall be guilty of an offence and, in
addition to the liability to pay any rate or other charge
hereinbefore provided in respect of the goods, shall be liable
to a fine not exceeding one hundred dollars.

50.-(1) A person shall not carry or cause to be carried Gwds of a
upon a railway any goods declared by any by-law made oroffensive
under this Act to be dangerous or offensive, except in MLUn.

dangerous

-
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36 IAMAICA RAILWAY CORPORATION

accordance with the provisions of any by-law applicable
to such goods.

(2 ) Any person who carries upon or delivers for
carriage by the railway any such dangerous or offensive
goods without distinctly declaring the nature of the same
shall be liable to a fine not exceeding one hundred dollars.

(3) Any person who contravenes the provisions of
subsection (2) OT any by-law referred to in subsection (l),
shall, in addition to any penalty incurred in respect of such
contravention, be liable-

(a) to compensate the Corporation for and indemnify
the Corporation against any damage, loss, expense
or liability suffered or sustained by the Corpora-
tion directly or indirectly as a result of such con-
travention; and

(b) to pay compensation for any injury or damage to
persons or property arising out of any accident
occurring directly or indirectly as a result of that
contravention.

(4) It shall be lawful for any railway servant to
refuse to accept for carriage on the railway any baggage
or parcel, vessel or package suspected of containing danger-
ous or offensive goods, and to require the same to be opened,
and in case any such baggage or parcel, vessel or package
shall have been so accepted, it shall be lawful for any railway
servant to stop the transit thereof until he is satisfied that
the nature and contents of the baggage or parcel, vessel or
package are not dangerous or offensive.

Carriage 51. It shall be lawful for any railway servant to refuse
inf2clul to accept for carriage on a railway any Lima1 which he
wilhdisease. has reason to believe to be infected with any infectious

or contagious disease, or to have been in contact with any
animal so infected.

of animals

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JAR4AICA RAILWAY CORPORATION 31

PART XI Responsibility of Corporation as Carriers

5 2 . 4 1 ) Notwithstanding the other provisions of lhis corporatioa

and Warehousemen

Part, the Corporation shall not be liable for any loss, ,?RszE
damage, deviation, misdelivery, delay or detention of or to =W.
goods arising from-

(a) act of God;
(b) act of war or the Queen’s enemies;
(c) seizure under any legal process;
(d) orders or restrictions imposed by the Government;
(e) act or omission of the consignor, consignee or the

servants or agents of either;
V, inherent liability to wastage in bulk or weight,

latent defect or inherent defect, vice or natural
deterioration of the goods;

(g) casualty, including fire or explosion;
(h) riots, civil commotion, strikes, lock-outs, stoppage

or restraint of labour from whatever cause, whe-
ther partial or general :

Provided that-
(i) where such loss, damage, deviation, mis-

delivery, delay OT detention arises with res-
pect to goods which the Corporation has
accepted for carriage at railway’s risk rates
or for warehousing and the Corporation
fails to prove that it used all reasonable
foresight and care in the carriage or (as the
case may be) the warehousing of the goods,
the Corporation shall not be relieved from
liability for such loss, damage, deviation,
misdelivery, delay OT detention;

(ii) the Corporation shall not incur liability of
any kind in respect of goods where there has

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38 JAMAICA RAILWAY CORPORATION

been fraud on the part of the consignor,
consignee or the servants or agents of either.

(2) Subsection (1) shall not apply to passengers’ bag-
gage.

Delay tu 53. The Corporation shall not be liable for any demur-
rage or delay incurred upon or caused to a vessel at any
pier or wharf owned or operated by the Corporation.

vessels.

Liabdity 5 4 . 4 1 ) Save as provided in subsection (2), the Corpora-
tion shall not be liable for the loss, damage, deviation, mis-
delivery, delay or detention of or to a consignment of goods
or any part thereof carried or delivered for carriage by the
railway unless the goods in respect of which compensation
is claimed have been accepted and booked by a railway
servant and unless-

(a) in the case of goods consigned at railway’s risk
rates, the Corporation fails to prove that the loss,
damage, deviation, misdelivery, delay or detention
was not caused by the negligence or misconduct of
the servants or agents of the Corporation; or

(6) in the case of goods consigned at owner’s risk
rates, a complete consignment or a complete pack-
age forming part of the consignment has been
lost, damaged, diverted, misdelivered, delayed or
detained as a result of the wilful misconduct of
the servants or agents of the Corporation.

(2) The Corporation shall not be exempt from any
liability it might otherwise incur in the following cases-

(a) non-delivery of the whole of a consignment, or
of any separate package forming part of a con-
signment, properly packed and addressed, unless
such nondelivery is due to accident to trains or to
fire;

for goods.

[The inclusion of this page is authorized by L.N. 480119731

JAMAICA RAILWAY CORPORATION 39

(b) pilferage from packages of merchandise protected
otherwise than by paper or other packing readily
removable by hand, if, and only if, the pilferage is
pointed out to a servant of the Corporation on or
before delivery;

(c) misdelivery where merchandise properly addressed
is not tendered to or placed at the disposal of the
consignee within twenty-eight days, or in the case
of perishable merchandise within a reasonable
time which shall not be less than seventy-two hours
after receipt of the consignment by the Corpora-
tion from the sender :

Provided, however, that the Corporation shall not be
liable under this subsection if it proves that the non-delivery,
pilferage or misdelivery, as the case may be, has not been
caused by the negligence or misconduct of the Corporation
or its servants.

(3) Notwithstanding the provisions of subsections (1)
and (2), the Corporation may-

(a) agree to carry any goods on conditions more
favourable to the consignor than those set out in
this section; or

(b) by special contract, which shall be in writing and
signed by the consignor or his agent, limit the
liability imposed on the Corporation by this sec-
tion.

55. The Corporation shall not be liable for the loss, Passengers’
baggage. damage, deviation, misdelivery, delay or detention of or to

any passenger’s baggage-
(U) unless-

(i) it has been accepted and booked, and a
receipt has been given therefor, by a railway
servant; and

[The inclusion of this page is authorized by L.N. 480119731

40 IAMAICA RAlLWAY CORPORATlON

(ii) the loss, damage, deviation, misdelivery,
delay or detention has been caused by the
negligence or misconduct of the servants or
agents of the Corporation; or

( h ) save in such other circumstances as may be notified
by the Corporation by general notice or otherwise.

Animals. 56.-(1) The liability of the Corporation for the loss,
damage, deviation, misdelivery, delay or detention of or to
animals accepted for carriage by the Corporation shall not
exceed, in the case of-

(a) a horse, forty dollars;
(b) neat cattle or mules, per head, thirty dollars;
(c) a donkey, sixteen dollars;
(4 a sheep, goat or pig, four dollars;
(4 a dog or other animal not hereinbefore in this sub-

section mentioned, two dollars,
unless a higher value has been declared in writing by or on
behalf of the consignor at the time of consignment.

(2) Where such higher value has been declared, the
Corporation may impose an additional charge in respect of
the increased liability or, if the value of the animal has been
declared to exceed two hundred dollars, may either impose
such additional charge or, notwithstanding the provisions
of subsection (l), decline to accept liability in excess of the
sum specified by that subsection in relation to such an
animal.

Vehicles. 57.41) The liability of the Corporation for the loss,
damage, deviation, misdelivery, delay or detention of or to
vehicles accepted for carriage by the Corporation shall not
exceed, in the case of-

(0) a motorcycle with or without a side-car, one hun-
dred dollars;

me inclusion of this page is authorized by L.N. 480119731

JAMAICA RAILWAY CORPORATION

(b ) any other motor vehicle, two hundred dollars;
(c) any vehicle other than a motor vehicle, ten dollars,

unless a higher value has been declared in writing by or on
behalf of the consignor at the time of consignment.

(2) Where such higher value has been declared, the
Corporation may impose an additional charge in respect of
the increased liability or, if the value of the vehicle has
been declared to exceed two thousand dollars, may either
impose such additional charge or, notwithstanding the pro-
visions of subsection (l), decline to accept liability in excess
of the sum specified by that subsection in relation to such
a vehicle.

41

58. Nothing contained in this Act shall alter or affect Camageof
Goods Act the rights, privileges or liabilities of the Corporation under applied.

Part I of the Carriage of Goods Act with respect to articles
of the description mentioned in the said Act.

59. The compensation recoverable in respect of any Limit to
animal or vehicle which has been declared under section 56 gtTnma-
or section 57 to be of higher value than the amount for z2md
which the Corporation might be liable apart from such Proof
declaration shall not exceed the amount of the value so
declared, and, notwithstanding that such declaration was
made, it shall lie upon the person claiming the compensa-
tion to prove the value of the animal or vehicle in respect
of which the claim is made.

of value.

60.-(1) Subject to the provisions of subsection (2) the Notification
of claims. Corporation shall not be liable to pay compensation for the

loss, damage, deviation, misdelivery, delay or detention of
or to goods accepted by the Corporation for carriage or
custody unless the Corporation is advised thereof in writing
(otherwise than upon any of the Corporation’s documents)
within one month and the claim for compensation be made

me inclusion of this page is authorized by L.N. 480/1973]

42 JAMAICA RAILWAY CORPORATION

within three months after acceptance of the goods by the
Corporation.

(2) Where the Corporation is satisfied that it was
not reasonably possible for the person claiming compensa-
tion to advise the Corporation in writing or make his claim
in writing within the aforesaid times, the Corporation may
grant an extension of the aforesaid times :

Provided that where such extension has been refused and
the person claiming compensation has instituted proceedings
pursuant to section 67, the Court may determine the matter
as if he had complied with the requirements of subsection
(l), if in the opinion of the Court the extension ought
reasonably to have been granted.

Effect of 61. Notwithstanding anything in the foregoing provisions
Cr,ptiOl, of of this Part, the Corporation shall not be liable for the loss,
goods. damage, deviation, misdelivery, delay or detention of or to

any goods with respect to which a materially false descrip-
tion has been given (whether the description was given
under the provisions of this Part or of Part X) to the Cor-
poration by the owner or person having charge of the goods,
if the loss, damage, deviation, misdelivery, delay or deten-
tion was in any way brought about by the false description,
and the Corporation shall not in any event be liable for an
amount exceeding the value of the goods calculated in
accordance with the description.

false des-

Injury to

l i f e of

62.-(1) The Corporation shall not be liable for personal
injury to, or loss of life of, a passenger unless the personal
injury or loss of life is caused by want of reasonable care,
diligence or skill on the part of the Corporation or its
servants.

(2) For the purposes of this section the expression
“passenger” includes every person, other than a railway

or loss of

passenger.

servant on duty, lawfully travelling on the railway. 0 -
me inclunion of this page is authorized by L.N. 480/1973]

JAMAICA RAILWAY CORPORATION 43

63. The law relating to common carriers shall not apply Lawrejat-
ing to com-

not
applicable.

to the Corporation. mon carriers

PART XI1 Tariffs

64.41) Subject to the provisions of subsection (3, the Publication
following matters shall be embodied in printed tariffs and Of tar'ffs.
published by the Corporation-

(a) rates, fares, other charges and conditions fixed or
imposed under the provisions of this Act;

(b) the upper limits of rates and fares determined by
the Minister under section 11.

(2) Subject to the provisions of subsection (3) every
amendment made to any of the matters mentioned in sub-
section (1) shall be printed and published by the Corpora.
tion and shall take effect upon such date as may be specified
in the amendment; and for the purposes of this subsection
an amendment shall be deemed to be published upon a
notice containing particulars of the amendment, or stating
that a printed copy of the amendment may be inspected at
any station on the railway, being published in the Gazette
or in any newspaper circulating in Jamaica.

(3) Notwithstanding the foregoing provisions of this
section, the Corporation shall not be obliged to print or
publish the following m a t t e r s

(a) a remission of any rate, fare or other charge
granted under the powers conferred by paragraph
(e) of section 11;

(b ) an amendment reducing any rate, fare or other
charge temporarily or in special circumstances;

(c) the fixing of charges other than rates and fares;
(6, the fixing, under the powers conferred by para-

graph cf, of section 11, of a rate or charge higher
me inclusion of this page is authorized by L.N. 480/1973]

44 JAMAICA RAILWAY CORPORATION

than the upper limit determined in respect thereof
by the Minister,

and any such remission or amendment or fixing of a rate,
fare or other charge shall take effect at such time, or for
such period, or in such circumstances and subject to such
conditions as the Corporation may specify.

Printed 65. In any legal proceedings the production of a printed
C'3PieE to
beevidence. copy of any tariff or amendment of a tariff purporting to

be published by the Corporation shall be prima fa&
evidence of the matters provided therein and that the rates,
fares, charges, conditions or limits fixed, imposed or deter-
mined thereby have been duly fixed, imposed or determined.

Copiestobe

stations.
66. The Corporation shall keep at each station on the

railway a copy of every tariff and amendment thereto pub-
lished under the provisions of section 64 and for the time
being in force, and shall allow any person to inspect the
same free of charge at any reasonable time.

kept at all

PART XI11 Legal Proceedings
67. No suit against the Corporation or any servant of the

Corporation for any act done in pursuance or execution or
intended execution of any law or of any public duty or
authority or in respect of any alleged neglect or default in
the execution of such law, duty or authority, shall lie or be
instituted in any court unless it is commenced within twelve
months next after the act, neglect or default complained of
or, in the case of a continuance of damage or injury, within
twelve months next after the ceasing thereof:

Provided that, in the case of a claim for the refund of an
overcharge in respect of goods accepted by the Corporation
for carriage, or for compensation in respect of loss, damage,
deviation, misdelivery, delay or detention of or to any goods

Limilation

againsithe
of SUltS

Corporation. .

mhc inclusion of this pagc is authorized by L.N. 480/1973]

JAMAICA RAILWAY CORPORATION

so accepted, the cause of action shall be deemed to have
arisen on the day of such acceptance.

45

68. Any summons, notice or other document required or ~ ~ ~ i ~ ~ r
documents. authorized to be served upon the Corporation by or under

the provisions of this or any other enactment may, unless in
any case there is express provision to the contrary, be served
by delivering the same to the chairman or secretary of the
Corporation, or by sending it by registered post addressed
to the secretary of the Corporation at the principal office
of the Corporation.

PART XIV Ofenences and Penalties

69.41) Any person who unlawfully or maliciously- Endanger- _ .
ing gafcty

(a) puts or throws anything upon or across the railway; of persons or on railway.

(b) causes anything to come into contact with any
person or thing on the railway; or

(c) removes or displaces any rail, sleeper or thing be-
longing to the railway; or

(d, turns, moves or diverts any points or other
machinery of any kind belonging to the railway;
or

(e) makes or shows, hides or removes any signal or
light upon or near to the railway; or
(f) does or causes to be done any other matter or
thing,

with intent to injure or endanger the safety of persons
travelling or being upon the railway, whether a particular
person or not, is guilty of felony, and is liable to imprison-
ment for life.

(2) Any person who by any unlawful act or by any
omission to do any act which it is his duty to do causes ths

me inclusion of this page is authorized by L.N. 480/19733

46 JAMAICA RAILWAY CORPORATION

safety of any person travelling or being upon any railway
to be endangered is guilty of a misdemeanour and is liable
to imprisonment with or without hard labour for two years

Obstructing
railways,

Dmnken-
ness of
railway
servants and
power to
apprehend.

Drunken-
ness or
nuisanCe
on a rail-
way.

70. Any person who by any unlawful act or by any
intentional omission to do any act which it is his duty to do
causes any engine or vehicle in use upon a railway to be
obstructed in its passage on the railway is guilty of a mis-
demeanour, and is liable to imprisonment with or without
hard labour for two years.

71.-(1) If a railway servant is in a state of intoxication
while on duty he shall be guilty of an offence and liable to
a fine not exceeding ten dollars or imprisonment with or
without hard labour for a term not exceeding three months,
or, if the duty on which he is engaged is such that its
improper performance would be likely to endanger the
safety of any person travelling or being upon the railway,
to a fine not exceeding two hundred dollars or imprison-
ment with or without hard labour for a term not exceeding
two years, or to both such fine and such imprisonment.

(2) It shall be lawful for any railway servant, and
for all persons whom he may call to his aid, to apprehend
any railway servant who is or appears to be in a state of
intoxication while on duty, and to convey him to the nearest
police station and there hand him over to the custody of the
police.

72.-(1) If a person on any part of a railway-
(a) commits any nuisance or act of indecency or uses

obscene, indecent or abusive language;
(b) wilfully and without lawful excuse interferes with

the comfort of any passenger; or
(c) wilfully and without lawful excuse interferes with

any railway servant in the execution of his duty,
me inclusion of this pagc is aulhorized by L.N. 480/1973!

JAMAICA RAILWAY CORPORATION 47

he may be removed from the railway by any railway servant
or police officer or any other person whom the railway
servant or police officer may call to his aid, and shall be
guilty of an offence and liable to a fine not exceeding
twenty dollars.

(2) A person removed from the railway under the
provisions of this section shall not be entitled to the return
of any fare he may have paid.

73. Any person who travels or attempts to travel in any Travellmg
carriage or vehicle of the Corporation with intent to defraud todefraud.
the Corporation shall be guilty of an offence and liable to
a h e not exceeding ten dollars.

wNh intent

74.-(1) An offewe under section 70 may be tried either Trialof
on indictment before a Circuit Court or summarily before 42,,960
a Resident Magistrate; and in respect of any such offence a S. 2.
Resident Magistrate shall not award a sentenm of more
than one year’s imprisonment, with or without hard labour,
and a fine of one hundred dollars.

(2) Any offence under section 71, section 72 or sec-
tion 73 is triable summarily before a Resident Magistrate.

OffenCn.

75. It shall be lawful for any railway servant or agent Powwto
of the railway, and all persons called by him to his assist- offader.
ance, to seize and detain any person found committing any
offence against the provisions of this Act, or against any
by-laws or regulations of the railway made under the pro-
visions of this Act, or any person counselling, aiding or
assisting in such offences, and to hand over the offender to
a police officer without unnecessary delay.

arrest

PART XV. General

and St. Andrew Corporation Act, the Parochial Rates and
76. Notwithstanding anything contained in the Kingston Ratcs and

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48 JAMAICA RAILWAY CORPORATION

Finance Act or the Property Tax Act the rates and taxes
to be paid by the Corporation shall be determined by the
Minister with the approval of the Minister responsible for
finance.

Savings. 77. All by-laws, regulations, rules and tariffs, including
rates, fares, other charges and conditions regulating the
conveyance of passengers and goods made under the
Jamaica Government Railway Law (hereby repealed) and
in force at the time of coming into operation of this Act
shall be deemed to have been made under this Act and shall
continue in force until other provision is made by virtue of
this Act.

Cap. 174

Revised
(1953

Edtn.).

W h e inclusion of this page is authorized by L.N. 480/1973]

JAMAICA RAILWAY CORPORATION 49

SXEDULE (Section 3)

Constitution and Procedure of she Corporafion

1. The Corporation shall consist of nine persons to be appointed by A p p h t -
the Minister. ment of

members
52/1975 s. 3(0) .

2. The Minister may appoint any person to act temporarily in the Temporary
place of any member of the Corporation in the case of the absence or $eFc-
inability to act of such member.

3. (1) The Minister shall appoint one of the members of the Corpora- Chairman
tion to be the chairman thereof.

(2) The Minister shall appoint one of the members of the Corpora-
tion to be the viae-chairman thereof.

(3) In the case of the absence or inability to act of the chairman
the vice-chairman shall exercise the functions of the chairman.

(4) At any meeting, in the case of the absence or inability to act
of both the chairman and the vice-chairman the remaining members
of thc Corporation shall elect one of their number to act BS chairman
at that meeting.

4. (1) A member of the Corporation shall, subject to the provisions Tenure of
of this Schedule, hold office for a period not exceeding three ycam but ;Eg;;zn

of appoint- shall be eligible for reappointment.

time revoke the appointment of any member of ,the Corporation.
(2) The Minister may. if he thinks it expedient so to do, at any

5. (1) Any member of the Corporation, other than the chairman, Resignation.
may at any time resign his office. by instrument in writing addressed to
the Minister and transmitted through the chairman, and from the date
of the receipt by the Minister of such instrnment such member shall
cease to be a member of the Corporation.

(2) The chairman may at any time resign his office by instrument
in writing addressed to the Minister and such resignation shall take
effcct as from the date of the receipt of such instrument by the
Minister.

6. The names of all membem of the Corporation as first constituted Publication
and every change in the membership .thereof shall be published in the sqfi$~bcr-
Cnretse.

mhe inclusion of this page is authorized by L.N. 60/1976]

50

Authentica-
tion of
seal and
documents.

Disclosure
of interest.

Procedure
and
meetings.

5?/1975
S. 3(b).

Rimunera-
tion of
members.

officc of
member of
Corporatior
not to he

JAMAICA RAILWAY CORPORATION

7. (1) The seal of the Covration shall be authenticated by the
signatures of the chairman or one member of the Corporation authorized
to act in that behalf and the secretary of the Corporation.

(2) All documents. other than those required by law to be under
seal, made by, and all decisions of, the Corporation may be signified
under the hand of the chairman or any member authorized to act in
that behalf or the secretary of the Corporation.

8. A member of The Corporation who is directly or indirectly
interested in a rantract made or proposed to be made by the Corpora-
lion-

(a) shall disclose the nature of his interest at a meeting of the
Corporation; and

(b) shall not take part in any deliberation or decision of the Cor-
poration with respect to that contract.

9. (1) The Corporation shall meet so often as may be necessary
or expedient for the transaction of business. and such meetings shall
be held at such places and times on such days as the Corporation
may determine.

(2) The chairman may at any time call a special meeting of the
Corporation and shall call a special meeting to be held within seven
days from the receipt of a written request for that purpose addressed
to him by any three members of the Corporation.

(3) The chairman or, in the case of the absence or inability to act
of the chairman, the vice-chairman or the person elected to act'as
chairman in accordance with sub-paragraph (4) of paragraph 3 shall
preside at the meetings of the Corporation, and when so presiding shall
have an original and a casting vote.

(4) The quorum of the Corporation shall. be 6ve incl- the
chairman, or the vice-chairman or person elected to act as chairman

(5 ) Subject to the provisions of this Schedule the Corparation
may regulate its own proceedings.

(6) The validity of any proccedmg of the Corporation shall not bc
affected by any vacancy amongst the members thereof or by any
defect in the appointment of a member thereof.

as aforesaid. . .

10 There shall be paid from the revenue of the Corporation to the
chairman and other memkrs of the Corporation such remuneration
(whether by way of Falanes or travelling or other allowances) as the
Minister may determine.

11. The oftice of mzmber of the Corporation shall not be a public
office for the purposes of Chapter V of the Constitution of Jamaica.

1

public office.
[The inclusion of this page is authorized by L.N. M)/1976]