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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE TANZANIA-ZAMBIA RAILWAY ACT
CHAPTER 454 OF THE LAWS OF ZAMBIA
CHAPTER 454 THE TANZANIA-ZAMBIA RAILWAY ACT
THE TANZANIA-ZAMBIA RAILWAY ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINMARYPART I
PRELIMINMARY
Section
1. Short title
2. Interpretation
3. Goods in Transit
PART II TANZANIA-ZAMBIA RAILWAY AUTHORITYPART II
TANZANIA-ZAMBIA RAILWAY AUTHORITY
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4. Establishment of Authority
5. General duty of Authority
6. Vesting of movable and immovable property
7. Functions of Authority
8. New railway lines and branches
PART III COUNCIL OF MINISTERSPART III
COUNCIL OF MINISTERS
9. Establishment and composition of Council
10. Functions of Council
PART IV BOARD OF DIRECTORSPART IV
BOARD OF DIRECTORS
11. Establishment and composition of the Board
12. Functions of Board
13. Delegation
PART V ADMINISTRATIONPART V
ADMINISTRATION
14. Managing Director and Deputy Managing Director
15. Functions of Managing Director and delegation
16. Functions of the Deputy Managing Director
Section
17. Delegation of Managing Director's powers
18. Regional General Manager
PART VI FINANCIAL PROVISIONSPART VI
FINANCIAL PROVISIONS
19. Funds of Authority
20. Annual and Supplementary budget
21. Financial Year
22. Accounts and Auditors
23. Annual Report
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PART VII OPERATIONS OF THE AUTHORITYPART VII
OPERATIONS OF THE AUTHORITY
24. Conditions for carriage of passengers and luggage
25. General right of persons to be carried as passengers
26. General conditions for issue of tickets
27. Travelling without valid ticket, etc.
28. Fares payable by person travelling without valid ticket, etc.
29. Conditions for carriage of goods
30. General right to have goods carried
31. Description etc., of goods to be delivered
32. Goods to be sold to pay charges, rates, etc.
33. Unclaimed goods in possession of Authority
34. Indemnity where goods claimed by two persons, etc.
35. Dangerous or offensive goods etc.
36. Tariff Book, time-tables, etc.
37. Maximum load
PART VIII RRESPONSIBILITY OF AUTHORITY AS CARRIER AND
WAREHOUSEMANPART VIII
RRESPONSIBILITY OF AUTHORITY AS CARRIER AND WAREHOUSEMAN
38. Liability for loss of life, etc., of passengers
39. No liability for delay to passengers
40. Liability for loss etc., of goods in transit
41. Liability for delay, etc., of goods
Section
42. Limitation of liability for animals
43. Limitation of liability for loss, etc., of specified article
44. Limitation of liability for loss etc., of goods deposited in cloakroom
PART IX INSPECTIONS, NEW RAILWAY AND ROLLING STOCKPART IX
INSPECTIONS, NEW RAILWAY AND ROLLING STOCK
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45. Inspector of railways
46. Functions of inspectors of railways
47. Powers of inspectors of railways
48. Means of entry and information to be provided to inspectors of railways
49. New rolling stock or new railway
50. Notice of intended opening of new railways of use of new rolling stock
51. Conditions for opening new railway or putting into service new rolling stock
52. Procedure for approval
53. Alteration of railways
54. Temporary suspension of traffic
55. Power to close railway or to discontinue use of rolling stock
56. Re-opening of closed railway, etc.
PART X ACCIDENTSPART X
ACCIDENTS
57. Duty to report accidents
58. Inquiries into accidents
59. Submission of returns
PART XI RAILWAY UNDER CONSTRUCTIONPART XI
RAILWAY UNDER CONSTRUCTION
60. Acquisition of land for purposes of Authority
61. Entry on land for survey, excavation, construction, etc.
62. Railway strip
63. Entry on land to prevent accidents, etc.
64. Entry on land to alter position of pipes, etc.
Section
65. Power to take water
66. Accommodation works
67. Additional accomodation works
68. Construction of railway crossing public road
69. Use of railway under construction
PART XII OFFENCES AND PENALTIESPART XII
OFFENCES AND PENALTIES
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70. Endangering safety
71. Miscellaneous offences
72. Refusal to pay fare or unauthorised purchase of ticket
73. Failure to obey lawful instructions, obstructing, etc.
74. Unauthorised sale of tickets
75. False returns
76. Unlawfully transporting dangerous goods
77. Employee demanding improper amount
78. Drunkness while on locomotive, guard's van, etc.
79. Breath test
80. Offences which are offences under other laws
81. Arrest of employee
82. Particulars of offences and penalties to be exhibited
PART XIII GENERAL PROVISIONSPART XIII
GENERAL PROVISIONS
83. Liability for damages caused by fire
84. Notice of Claim
85. Restriction on execution against property of Authority
86. Service of notice, etc., on Managing Director
87. Regulations
88. Repeal and Savings
FIRST SCHEDULE
SECOND SCHEDULE
CHAPTER 454
TANZANIA-ZAMBIA RAILWAY
An Act to give effect to the Agreement relating to the Tanzania-Zambia Railway
made between the Government of the United Republic of Tanzania and the
Government of the Republic of Zambia, dated 28th September, 1993; to
provide for the continued existence of the Tanzania-Zambia Railway Authority;
to provide for a Council of Ministers and a Board of Directors; to define the
functions and powers of the Authority, the Council and the Board; to provide
for and regulate the manner in which the Tanzania-Zambia Railway Authority
shall be operated; to repeal and replace the Tanzania-Zambia Railway Act; and
to provide for matters connected with or incidental to the foregoing.
[28th April, 1995]
Act No.
10 of 1995
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PART I PRELIMINARYPART I
PRELIMINARY
1. This Act may be cited as the Tanzania-Zambia Railway Act. Short title
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2. (1) In this Act, unless the context otherwise requires-
"Agreement" means the Agreement made between the Government of the United
Republic of Tanzania and the Government of the Republic of Zambia
relating to the Tanzania-Zambia Railway Authority;
"authorised employee" means an employee authorised by the Managing Director to
exercise the powers or perform the duties in relation to which the
expression is used;
"Authority" means the Tanzania-Zambia Railway Authority established by section
four,
"Board" means the Board of Directors established by section eleven;
"booking office" means a place at which tickets may be obtained from, or charges
paid to, the Authority;
"branch line" means any railway track joining the main line but does not include a
siding;
"Chairman" means the Chairman of the Council or the Board, as the case may be;
"charges" means all sums received or receivable, charged or chargeable, for, or in
respect of, the carriage or warehousing of goods by the Authority or for, or
in respect of, any other services or facilities provided by the Authority;
"committee" means a committee of the Council or the Board, as the case may be;
"consignee" means the person, firm or body to whom goods accepted for carriage
by the Authority are addressed;
"consignment" means one or more packages of goods, tendered for carriage by
one consignor to one consignee on one consignment note and accepted for
carriage by the Authority;
"consignor" means the person, firm or body who has tendered goods accepted for
carriage by the Authority;
"Contracting State" means the Government of the United Republic of Tanzania or
the Government of the Republic of Zambia;
"Council" means the Council of Ministers established under section nine;
"customs law" means any law relating to customs and excise duties, sales tax,
value added tax or consumption tax, as the case may be;
"Deputy Managing Director" means the person appointed Deputy Managing
Director under section fourteen;
"employee" means any person in the service of the Authority;
"fare" includes all sums received, charged or chargeable for the carriage of a
passenger by the Authority;
"free pass" means any written authority for the carriage of any person as a
passenger by the Authority without payment of any fare;
"goods" means luggage, animals (whether live or dead) and all other moveable
property of any description;
"Government", in relation to either of the Contracting States, includes any person
or authority authorised to act on behalf of that Contracting State;
"inspector of railways" means a public officer appointed under section forty-five;
"light engine" means a locomotive without a vehicle attached to it;
"luggage" means such articles of personal apparel or for personal use, together
with their containers, as are usually carried by passengers for their personal
use; but does not include goods which, though carried in any such
container or otherwise are not intended for any such use;
f f
Interpretation
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3. For the purposes of this Act, goods shall be deemed to be in transit from the
time the goods are accepted by the Authority for carriage until the expiry of twenty-four
hours after the goods have arrived at the place to which the goods have been consigned;
and thereafter the goods shall, so long as they remain in the custody of the Authority, be
deemed to be in such custody otherwise than for the purpose of carriage:
Goods in transit
Provided that-
(a) where such goods are delivered to the consignee within such period of
twenty-four hours, the goods shall cease to be in transit as from the time
they are so delivered;
(b) where such goods are perishable goods and the Authority, in the exercise
of its powers under this Act, disposes of such goods within such period of
twenty-four hours, the goods shall cease to be in transit as from the time
they are so disposed of;
(c) where such goods are consigned to a place at which the Authority does not
maintain any staff for the receipt thereof, the goods shall cease to be in
transit as from the time they arrive at that place;
(d) where such goods are consigned for delivery to a place other than a railway
station by means of a delivery service operated from a railway station by
the Authority and such goods cannot, due to causes beyond the control of
the Authority, be delivered at that place within twenty-four hours after the
time of their arrival at the railway station from which the delivery service is
operated, such goods shall cease to be in transit after the time such goods
are tendered for delivery at that place or after the time of their arrival at the
railway station from which the delivery service is operated, whichever is the
earlier.
PART II TANZANIA-ZAMBIA RAILWAY AUTHORITYPART II
TANZANIA-ZAMBIA RAILWAY AUTHORITY
4. (1) The Tanzania-Zambia Railway Authority as established under the
Tanzania-Zambia Railway Act, shall continue to exist as if established under this Act and
shall be a body corporate with perpetual succession and a common seal, capable of
sueing and of being sued in its corporate name, and with power, subject to the other
provisions of this Act, to do all such acts and things as a body corporate may by law do or
perform.
Establishment of
Authority
Cap. 768
(2) The provisions of Part I of the First Schedule shall apply to the Authority.
(3) The headquarters of the Authority shall be at Dar-es-salaam in the United
Republic of Tanzania.
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(4) The Authority shall establish regional offices in Tanzania and Zambia, which
shall be self-sustaining units of the Authority, as cost and profit centres, operating on
sound commercial principles.
5. (1) It shall be the duty of the Authority to provide, on sound commercial principles
of operation, a secure, efficient and safe system of public transport of passengers and
goods by rail between and within Zambia and Tanzania
General duty of
Authority
(2) The Authority shall
(a) generate positive rates of return on freight and passenger services and
shall not subsidise passenger services by freight services or freight
services by passenger services;
(b) not be required by either Contracting State to provide to either Contracting
State, to any authority or person, any transport service, either gratuitously
or at a rate or charge which is less than that specified in the Tariff Book for
that service, unless that Contracting State provides a direct subsidy for
such service.
6. Any movable or immovable property placed at the disposal of the Authority,
before the commencement of this Act, by a Contracting State for the use of the Authority,
shall, without further assurance, be transferred to, and vest in, the Authority.
Vesting of movable
and immovable
property
7. (1) The Authority may- Functions of Authority
(a) carry passengers and goods by rail;
(b) manufacture parts and provide maintenance and repair services at any
foundry, workshop or other factory owned or operated by the Authority;
(c) operate road-rail services;
(d) provide storage facilities in Tanzania and Zambia for goods to be carried by
the Authority;
(e) provide for the consignment of goods to and from any place in Tanzania or
Zambia or any other place;
(f) provide in Tanzania and Zambia such other amenities and facilities for
passengers and other persons making use of the services provided by the
Authority as the Board may consider necessary or desirable;
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(g) acquire, construct, manufacture, maintain or repair waterworks or electric
generating plant or any other works, plant or apparatus necessary or
desirable for the supply or transmission of water or of electric energy for the
purpose of the Authority;
(h) subject to the approval of the Government, alter the course of, or raise or
lower the level of, any watercourse or road if such alteration, raising or
lowering is necessary for the purposes of the Authority;
(i) determine, impose or levy rates, fares and other charges for any service
performed by the Authority or for the use by any person of the facilities
provided by the Authority or for the grant to any person of any licence,
permit or certificate;
(j) enter into agreement with any person carrying on business as a carrier of
passengers or goods within or outside Tanzania or Zambia providing for the
carriage of passengers or goods by, or on behalf of, the Authority, and of
that other person, under one contract or at a through-fare or rate;
(k) apply for, purchase or otherwise acquire any patent, concession and the
like, conferring any right to use any invention capable of being used for any
of the purposes of the Authority, and to use, grant licences for use of, or
otherwise turn to account, any rights so acquired;
(l) enter into partnership or into any arrangement for sharing profits, union of
interests, joint ventures, reciprocal concession or co-operation with any
person carrying on or engaged in, any business or transaction which the
Authority is authorised to carry on or engage in, or any business or
transaction capable of being conducted so as directly or indirectly to benefit
the Authority; and to take or otherwise acquire and hold shares or stocks in
any securities and to sell, hold, re-issue, with or without guarantee, or
otherwise deal with such shares or securities; and
(m) do all other acts and things which, in the opinion of the Board, are
necessary to facilitate the proper performance of the functions of the
authority.
(2) The Authority may sell, let or otherwise dispose of, whether absolutely or for a
term of years, any part of its undertakings or any property which in the opinion of the
Board is not required for the performance of the functions of the Authority under this Act,
including any part of its undertakings which is carried on outside Tanzania and Zambia
and any property which is situated outside Tanzania and Zambia;
Provided that nothing in this subsection shall be construed as exempting the
Authority from the provisions of any other written law imposing restrictions,
limitations, obligations or conditions in relation to any disposition or
alienation of any land, or any right, title or interest in or over any land, or in
relation to any rent which the Authority may recover as a landlord.
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8. No new railway line or branch line shall be constructed by the Authority unless,
prior to such construction, a feasibility study report on such proposed undertaking has
been made by the Board to the Council and has been approved by the Council.
New railway lines and
branches
PART III COUNCIL OF MINISTERSPART III
COUNCIL OF MINISTERS
9. (1) There shall be a Council of Ministers, which shall consist of the three
Ministers responsible for finance, transport and trade respectively, in Tanzania and the
three Ministers responsible for finance, transport and commerce respectively, in Zambia.
Establishment and
composition of Council
(2) The Ministers responsible for transport in Tanzania and Zambia shall rotate as
Chairman at the beginning of every financial year of the Authority.
(3) The provisions of Part II of the First Schedule shall apply to the Council.
10. (1) The functions of the Council shall be to- Functions of Council
(a) consider and approve long-term development plans of the Authority;
(b) authorise the raising of additional share capital;
(c) consider and approve the construction of new railway lines or branch lines;
(d) approve and submit to the National Assembly the Authority's annual report;
(e) determine any matter of an international character involving agreement
with, or the interest of, the Government of any country other than the
Contracting States; and
(f) give directions to the Board on matters of public interest.
PART IV BOARD OF DIRECTORSPART IV
BOARD OF DIRECTORS
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11. There shall be a Board of Directors which shall consist of six members as
follows:
(a) the Permanent Secretary in the Ministry responsible for Transport in
Zambia;
(b) the Principal Secretary in the Ministry responsible for transport in Tanzania;
(c) two members with experience in either transport, commerce, industry or
finance appointed by the Minister responsible for transport in Zambia;
(d) two members with experience in either transport, commerce, industry or
finance appointed by the Minister responsible for transport in Tanzania.
Establishment and
composition of the
Board
(2) The Members referred to in paragraphs (a) and (b) shall rotate as Chairman at
the beginning of ever calendar year.
(3) The Minister shall appoint, simultaneously with appointment of members referred
to in subsection (1), alternate members of the Board who shall attend meetings of the
Board when the substantive member is unable to attend and such alternate member shall
have the same rights and duties of the substantive member for the purposes of that
meeting.
(4) The provisions of Part III of the First Schedule shall apply to the Board.
12. (1) Subject to the other provisions of this Act, the Board shall exercise the
functions of the Authority.
Functions of Board
(2) Without prejudice to the generality of subsection (1), and subject to the other
provisions of this Act, the Board shall-
(a) approve the annual budget of the Authority;
(b) approve the investment plans of the Authority;
(c) approve the appropriation of surplus funds generated by the Authority;
(d) recommend to the Council policies relating to the construction of new
railway or branch lines;
(e) approve any changes exceeding fifty per cent in the tariffs, rates, fares and
services and facilities provided by the Authority;
(f) appoint and dismiss the Managing Director, Deputy Managing Director and
senior management staff;
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(g) approve the organisational structure and establishment of the Authority;
(h) approve any changes exceeding twenty per centum in salaries and
conditions of service for employees of the Authority;
(i) approve the Authority's financial regulations;
(j) approve any pension schemes for employees of the Authority; and
(k) approve the disposal of capital items.
13. (1) Notwithstanding section twelve, the Board may, in writing, under the hand of
the Chairman, delegate to any member, to any committee of the Board or to the Managing
Director, any of its functions under this Act, other than the powers delegated to the
Managing Director under section fifteen or to a Regional General Manager under section
eighteen, and where such delegation has been made, the delegated function shall be
exercised by the delegate in accordance with the terms of the instrument of delegation.
Delegation
(2) A delegation under this Act may be made to a holder of an office specifying the
office but without naming the holder and each person who acts in, occupies or performs
the duties of that office may, without any further authority, exercise the delegated
functions in accordance with the delegation made.
PART V ADMINISTRATIONPART V
ADMINISTRATION
14. (1) There shall be a Managing Director for the Authority who shall be appointed,
by the Board, from the Republic of Zambia.
Managing Director and
Deputy Managing
Director
(2) There shall be a Deputy Managing Director for the Authority who shall be
appointed, by the Board, from the United Republic of Tanzania.
(3) In appointing the persons referred to in subsections (1) and (2), the Board shall
have regard to the desirability of appointing persons having wide experience in, and
having shown capacity in, matters pertaining to the operation and administration of
railways.
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(4) The Managing Director and the Deputy Managing Director, shall attend meetings
of the Council or of the Board and may attend meetings of any committee established by
the Council or the Board and may address such meetings, but shall not vote on any
matter:
Provided that the person presiding at any such meeting, may for good cause, require
the Managing Director or the Deputy Managing Director to withdraw from the meeting.
(5) The provisions of paragraph 4 of Part II of the First Schedule shall apply, with
the necessary modifications, to the Managing Director and the Deputy Managing Director.
15. (1) The Managing Director shall be the Chief Executive Officer of the Authority
and, subject to the control of the Board, be responsible for the administration of the affairs
of the Authority.
Functions of Managing
Director and
delegation
(2) The Board shall delegate to the Managing Director, subject to any specific or
general conditions that the Board may impose, such of the functions of the Authority under
this Act as are necessary to enable him transact the day-to-day business of the Authority.
(3) Notwithstanding subsection (2), and subject to section five, the functions of the
Managing Director shall be to-
(a) exercise supervision and control over the acts and proceedings of all
employees in matters of operation and administration of the railway;
(b) approve any change, recommended by a Regional General Manager, in the
tariff, rates, fares and other charges made for the services performed and
facilities provided by the Authority where such change does not exceed fifty
per centum of the approved tariff, rates, fares and other charges;
(c) adjust tariffs, rates, fares and other charges where this is necessary due to
the fluctuation of the exchange rates in either of the Contracting States;
(d) fix rates, fares and other charges for goods and passengers where such
rates, fares and such other charges are not specified in the Tariff Book;
(e) grant concessionary rates or rebates where the value of such
concessionary rates or rebates does not exceed twenty percentum;
(f) vary operating expenditure within the approved budget where the amount of
such variation does not exceed twenty percentum of the approved
expenditure of that item and provided that it is notified to, and ratified by,
the Board;
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(g) accept tenders for purchase or acquisition of goods and services in
accordance with tender and financial regulations; and
(h) approve revision of salaries, wages or allowances of the employees of the
Authority, where such revision of salaries, wages or allowances does not
exceed twenty percentum.
(4) In the exercise of the powers under subsection (3), and those delegated to him
by the Board, the Managing Director shall comply with any direction of policy or of a
general nature given to him by the Board and shall not, without the prior approval of the
Board, whether given generally or specifically, depart or permit any departure from the
approved estimates of expenditure, the approved establishment of the Authority or the
normal proceedings for dealing with any particular matter.
16. (1) The Deputy Managing Director shall assist the Managing Director in the
day-to-day administration of the Authority.
Functions of Deputy
Managing Director
(2) In the event of the Managing Director being absent for any cause, the Deputy
Managing Director shall, subject to this Act, discharge the functions of the Managing
Director.
17. Notwithstanding section fifteen, the Managing Director may, in writing under his
hand, delegate to the Regional General Manager or any other employee, other than
powers delegated to the Regional General Manager under section eighteen, any of his
functions under this Act, and where such delegation has been made, the delegated
function shall be exercised by the delegate in accordance with the terms of the instrument
of delegation.
Delegation of
Managing Director's
powers
18. (1) There shall be a Regional General Manager for each region who shall be
under the control and supervision of the Managing Director and who shall be appointed by
the Board.
Regional General
Manager
(2) The Managing Director shall delegate to the Regional General Manager, subject
to any specific or general conditions that he may impose, such of his functions under this
Act as are necessary to enable the Regional General Manager to carry out the day-to-day
operations of the region.
(3) In addition to the functions delegated under subsection (2), and subject to
section five, the functions of the Regional General Manager shall be to-
(a) exercise supervision and control over the acts and proceedings of all
employees in matters of operation and administration of the railway in the
region;
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(b) adjust tariff, fares and other charges where this is necessary due to the
fluctuation of the exchange rates in the region;
(c) grant concessionary rates or rebates where the value of such
concessionary rates or rebates does not exceed ten percentum;
(d) accept tenders for purchase or acquisition of goods and services in
accordance with tender procedures; and
(e) approve incentive productivity schemes, and award such monetary
incentives to employees in the region, as may be appropriate.
(4) In the exercise of the powers under subsection (3), and those delegated to him
by the Managing Director, the Regional General Manager shall comply with any direction
of policy or of a general nature given to him by the Managing Director and shall not,
without the prior approval of the Managing Director, whether given generally or
specifically, depart or permit any departure from the approved estimates of expenditure,
the approved establishment of the Authority or the normal proceedings for dealing with
any particular matter.
PART VI FINANCIAL PROVISIONSPART VI
FINANCIAL PROVISIONS
19. (1) The funds of the Authority shall consist of such moneys as may- Funds of Authority
(a) be appropriated by Parliament for the purposes of the Authority;
(b) be paid to the Authority by way of services rendered;
(c) be paid to the Authority by way of grants or donations; and
(d) vest in or accrue to the Authority.
(2) The Authority may-
(a) accept moneys by way of grants or donations from any source in Tanzania
or Zambia and, subject to the approval of the council, from any source
outside Tanzania or Zambia;
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(b) subject to the approval of the Board, raise by way of loans or otherwise,
such moneys as it may require for the discharge of its functions; and
(c) charge and collect fees in respect of programmes, seminars, consultancy
services, and other services provided by the Authority.
(3) There shall be paid from the funds of the Authority-
(a) all expenses incurred by the Council or the Board or their committees in the
performance of their functions under this Act;
(b) the salaries, allowances, pensions or loans for the employees of the
Authority;
(c) such allowances for members, or members of any committee, of the
Council or the Board, when engaged on the business of the Council or the
Board, at such rates as the Council may determine;
(d) any moneys required for the service of any loans obtained by the Authority;
(e) the auditor's fees;
(f) any dividends to be paid to the Contracting States; or
(g) any other expenses incurred by the Authority in the performance of its
functions.
(4) Any moneys of the Authority which are not immediately required for the purposes
of the Authority may be invested by the Authority in such manner as the Board may
consider proper.
20. (1) The Managing Director shall, not less than one month before the beginning
of any financial year, submit to the Board for its approval and in such detail as the Board
may require, an annual budget of the amounts expected to be received and disbursed by
the Authority during that financial year.
Annual and
supplementary budget
(2) If in any financial year the Authority requires to make disbursement on any item
not provided for, or disbursement of any amount in excess of the amount provided for, in
any item in the annual budget for that year, the Managing Director shall submit to the
Board for its approval a supplementary budget detailing such disbursement.
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(3) The Managing Director may, subject to submitting a supplementary budget to
the Board for its approval during the next meeting of the Board after the preparation of
such budget, and subject to satisfactory arrangements being made for the funds required
by re-appropriation from funds allocated for other items in the approved budget, authorise
expenditure on any item not exceeding twenty percentum over the cost entered in the
approved budget for that item.
21. The financial year of the Authority shall be the period of twelve months ending
on the 30th June in each year.
Financial year
22. (1) The Board shall cause to be kept proper books of account and other records
relating to the accounts of the Authority.
Accounts and auditors
(2) The accounts of the Authority shall be audited annually by independent auditors
appointed from time to time by the Council.
(3) The auditors shall make a report to the Board on the accounts examined by
them and on the statement of accounts prepared for the financial year to which they
relate, and such report shall state-
(a) Whether the auditors have obtained all the information and any explanation
which they have required; and
(b) whether, in the opinion of the auditors, the balance sheet contained in the
statement of accounts is properly drawn up so as to exhibit a true and
correct view of the state of the affairs of the Authority according to the
information and explanations given to them and as shown by the books of
the Authority.
(3) The auditors shall have a right of access at all times to the books, accounts,
vouchers and other related documents of the Authority and shall be entitled to require
from the members of the Board, and from any person employed by the Authority, such
information and explanations as may be necessary for the performance of their duties
under this section.
23. (1) As soon as practicable, but not later than six months after the expiry of each
financial year, the Board shall submit to the Council a report concerning the activities of
the Authority during such financial year.
Annual report
(2) The report referred to in subsection (1) shall include information on the
operations and financial affairs of the Authority, and there shall be appended thereto-
(a) an audited balance sheet;
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(b) an audited statement of income and expenditure; and
(c) such other information as the Council may require.
(3) The Council shall, not later than seven days after the first sitting of the National
Assembly next after the receipt by the Council of the report referred to in subsection (1),
lay it before the National Assembly.
PART VII OPERATIONS OF THE AUTHORITYPART VII
OPERATIONS OF THE AUTHORITY
24. The Authority may, subject to the provisions of this Act-
(a) determine the conditions upon which passengers and luggage shall be
carried by the Authority and different conditions may be determined in
different cases and such conditions shall be published in the Tariff Book;
(b) determine the fares and other charges for the carriage of passengers and
luggage by the Authority; and such fares and other charges shall be notified
to the public:
Provided that provision shall be made for the carriage of a specified amount of
baggage by a passenger free of charge and different amounts may be
determined for passengers travelling by different classes; and
(c) determine the different classes of accommodation available to passengers
on trains of the Authority.
Conditions for carriage
of passengers and
luggage
25. Subject to the other provisions of this Act, any person who has tendered to an
authorised employee the proper fare for the ticket he desires shall be entitled to obtain
such ticket and to be carried as a passenger by the Authority in accordance with the
conditions subject to which such ticket is issued.
General right of
persons to be carried
as passengers
26. Every ticket and free pass shall be issued by the Authority subject to the other
provisions of this Act and to the conditions specified in the Tariff Book.
General conditions for
issue of tickets
27. Notwithstanding section twenty-eight, no person shall travel on any train of the
Authority without the permission of the Authority, and any person found on any such train
without such permission may, without prejudice to any other action which may be taken
against him, be required by any authorised employee to leave the train and, if he does not
do so, may be removed therefrom.
Travelling without valid
ticket, etc.
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28. (1) Any person who-
(a) travels on any train of the Authority without a valid ticket or free pass; or
(b) being in, or having come from, any such train, does not present his ticket or
free pass for examination or does not deliver up his ticket or free pass in
accordance with the conditions on which the ticket or free pass is issued;
shall be liable to pay, on demand by an authorised employee, the fare for the distance he
has travelled or proposes to travel and, in addition, such excess charges as may be
specified in the Tariff Book; and for the purpose of ascertaining such fare it shall be
presumed that such person has travelled from the station-
Fares payable by
person travelling
without valid ticket,
etc.
(i) from which the train originally started; or
(ii) if the tickets or free passes of passengers have been examined during the
journey, from the place where they were last examined and found to be in
order;
unless he satisfies such authorised employee to the contrary.
(2) Any person who-
(a) travels in a class of a train higher than for which he is in possession of a
valid ticket or free pass; or
(b) travels on a train beyond the place authorised by his ticket or free pass;
shall be liable to pay, on demand by an authorised employee, a fare equal to the
difference between the fare he has paid and that which he should have paid and, in
addition, such excess charges as may be specified in the Tariff Book.
(3) If, on demand by an authorised employee, any person refuses to pay the fare
and excess charge for which he is liable under this section, any authorised employee or
any police officer may arrest and detain that person, without warrant, and bring him, as
soon as practicable, before a court to deal with him in accordance with this Act.
29. (1) The Authority may, subject to the other provisions of this Act- Conditions for carriage
of goods
(a) determine the conditions upon which goods shall be carried or warehoused
by the Authority and different conditions may be determined in different
cases; and such conditions shall be published in the Tariff Book;
(b) determine the rates and other charges for the carriage or warehousing of
goods and for any other service or facility provided by the Authority; and
such rates and other charges shall be published in the Tariff Book.
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30. Subject to the other provisions of this Act, any person who has tendered to an
authorised employee at the appropriate rates and other charges, and has complied with
the conditions upon which goods may be accepted for carriage by the Authority, shall be
entitled to obtain a receipt for such goods and have such goods carried by the Authority in
accordance with the conditions of carriage:
General right to have
goods carried
Provided that if, in the opinion of an authorised employee-
(a) any animal tendered for carriage is wild, dangerous or appears to be
suffering from any infectious or contagious disease;
(b) any goods tendered for carriage are goods to which section thirty-five
applies;
(c) any goods tendered for carriage exceed the maximum weight or dimension
specified in the Tariff Book;
(d) any goods tendered for carriage are improperly or insufficiently packed;
(e) the carriage of any goods would at any stage of the transit thereof be
contrary to any law; or
(f) facilities for dealing with the goods tendered for carriage are not available at
the place where such goods are tendered or at the place or destination or
at any place enroute;
the person tendering such goods for carriage shall not be entitled to have such goods
carried by the Authority unless such goods are accepted for carriage in accordance with
any special provisions dealing with the carriage of such goods.
31. (1) The consignor of, or the person tendering any goods to the Authority for
carriage or warehousing, and on request by an authorised employee, the consignee of, or
person receiving, any goods which have been carried or warehoused by the Authority
shall deliver to an authorised employee an account in writing signed by such consignor,
person or consignee, as the case may be, containing such a description of the goods as
may be sufficient to enable such employee to determine the value of those goods and the
rates and charges payable for carriage or warehousing by the Authority.
Description etc., of
goods to be delivered
(2) Any authorised employee shall, for the purpose of checking any account
delivered under subsection (1), require such consignor, person or consignee, as the case
may be, to permit the authorised employee to examine such goods, and shall, in order to
ascertain the value of those goods, examine or cause goods to be examined.
(3) If such consignor, person or consignee fails to deliver the account referred to in
subsection (1), or to permit such goods to be examined as required under subsection (2),
an authorised employee may-
(a) in respect of goods which are tendered to the Authority for carriage or
warehousing, refuse to accept the goods for carriage or warehousing
unless a rate or charge not exceeding the highest rate or charge payable
for that class of goods is paid; or
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(b) in respect of goods which have been carried by the Authority, refuse to
deliver such goods unless a rate or charge not exceeding such highest rate
or charge as is referred to in paragraph (a) is paid.
(4) If, in respect of goods which have been carried or warehoused by the Authority,
an account delivered under subsection (1) is found to be false in any material particular
with respect to the description of any goods to which it purports to relate, an authorised
employee may refuse to deliver such goods unless, in respect of the carriage or
warehousing of the goods, a rate or charge not exceeding double the highest rate or
charge payable for that class of goods is paid.
32. (1) Where any person fails to pay, on demand made by an authorised
employee, any rate or charge due from him in respect of any goods, the Authority may
detain the whole or any part of such goods or if the value of the goods is, in the opinion of
the authorised employee, insufficient to pay for such rate or charge due, or if such goods
have been removed from the possession of the Authority, may detain any other goods of
such person which may be in, or may thereafter come into, the possession of the
Authority.
Goods to be sold to
pay charges, rates,
etc.
(2) Where any goods have been detained under subsection (1), the Authority may, if
the rate or charge due is not sooner paid, sell by public auction such quantity of the goods
to recover the rate or charge so owing as well as the expenses of such detention and sale
and in the case of-
(a) perishable goods, such auction may take place at once;
(b) any other goods, such auction may take place on the expiry of at least
fifteen days' notice, published in the Gazette and one or more local
newspapers, of the intended auction:
Provided that no imported goods shall be sold under this section until they have
been cleared in accordance with the provisions of any customs law in force.
(3) The Authority may, out of the proceeds of any sale effected under subsection
(2), retain a sum equal to the rate or charge due as well as the expenses of the detention
and sale and shall deliver the balance, if any, of such proceeds together with such of the
goods, if any, as remain unsold to the person appearing to the Managing Director to be
entitled thereto.
(4) Nothing in this section shall prejudice the right of the Authority to recover any
such rate or charge, or any part thereof, by any other lawful means.
33. (1) Where any goods in the possession of the Authority are not claimed by the
owner or any other person appearing to the Authority to be entitled thereto, the Authority
shall, if such owner or person is known, cause a notice to be served upon him requiring
him to remove the goods.
Unclaimed goods in
possession of
Authority
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(2) If-
(a) the owner of any goods in the possession of the Authority is not known or
no person appears to be entitled thereto;
(b) the notice referred to in subsection (1) cannot for any reason be served; or
(c) there has been non-compliance with the provisions of any notice served
under subsection (1);
the Authority may, after a period of not less than three months (except in the case of
perishable goods) sell the goods and retain the proceeds of the sale thereof:
Provided that no imported goods shall be sold under this section until they have
been cleared in accordance with the provisions of any customs law in force.
34. Where-
(a) any goods, or the proceeds of the sale of any goods, are in the possession
of the Authority and such goods or proceeds are claimed by two or more
persons; or
(b) any person claiming any goods in the possession of the Authority does not
produce valid documents showing that he is entitled to take delivery
thereof;
the Authority may withhold delivery of such goods or proceeds until the person appearing
to the Managing Director to be entitled thereto has given an indemnity to his satisfaction
against the claim of any other person with respect to such goods or proceeds.
Indemnity where
goods claimed by two
persons, etc.
35. (1) This section applies to goods which by their physical nature or chemical
composition are likely to cause damage to persons or property.
Dangerous or
offensive goods, etc.
(2) No person shall take with him upon any train or vehicle of the Authority, or tender
to the Authority for carriage or warehousing, any goods to which this section applies
without giving notice of the nature of such goods-
(a) in the case of goods taken by a person, to the employee in charge of the
station at which such person commences his journey; or
(b) in the case of goods tendered to the Authority for carriage or warehousing,
to the employee to whom such goods are tendered.
(3) An authorised employee may-
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(a) refuse to permit any goods to which this section applies to be taken by any
person upon any train or vehicle of the Authority;
(b) refuse to accept such goods for carriage or warehousing or accept them
only in accordance with any special provisions dealing with the carriage or
warehousing of any such goods; or
(c) require any such goods to be marked and packed in such manner as he
may direct.
(4) Nothing in this section shall-
(a) derogate from the provisions of any written law in force relating to the
possession or transportation of explosives, petroleum, firearms or
ammunition;
(b) apply to any goods carried by any member of any military force established
for the defence of the Republic, or by any police officer, in the course of his
duty.
(5) Where any authorised employee has reason to believe that any goods to which
this section applies are being carried or warehoused, or have been accepted for carriage
or warehousing, in contravention of subsection (2) or (3), he may examine such goods
and if, on examination, they are found to be goods to which this section applies, he may
order their removal from any train or vehicle of, or from premises occupied by, the
Authority.
36. (1) The Authority shall prepare and publish in such manner as the Board may
direct-
Tariff book, time-tables
etc.
(a) a Tariff Book containing all matters which under this Act are required to be
contained therein; and
(b) such other books, time-tables and other documents as are required to be
kept under this Act.
(2) There shall be available for public inspection at every booking office-
(a) a copy of the Tariff Book containing all amendments for the time being in
force;
(b) a list specifying the fares for the carriage of passengers by the Authority
from the place at which the list is kept to every other place to which
bookings are commonly made; and
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(c) a time-table of the passenger transport services operated by the Authority.
37. The Authority shall determine-
(a) the maximum load for every wagon of the Authority and no wagon shall,
except with the permission of the Managing Director, be loaded in excess of
such maximum load;
Maximum load
(b) the maximum number of passengers that may be carried in any coach or
compartment of a coach of a train of the Authority, and such maximum
number shall not be exceeded except with the permission of the Managing
Director.
(2) The Managing Director shall cause the maximum load and number of
passengers determined under subsection (1) in respect of every wagon or coach, to be
marked in a conspicuous manner on each wagon or coach.
PART VIII RESPONSIBILITY OF AUTHORITY AS CARRIER AND
WAREHOUSEMANPART VIII
RESPONSIBILITY OF AUTHORITY AS CARRIER AND
WAREHOUSEMAN
38. (1) The Authority shall not be liable for the loss of life of, or personal injury to,
any passenger except where the loss of life or personal injury is caused by the negligence
of any employee of the Authority, subject to any law relating to compensation for
accidents.
Liability for loss of life,
etc., of passengers
(2) The Authority shall not be liable for the loss of life of, or personal injury to, any
passenger-
(a) who is travelling, with or without permission, in any part of a train or vehicle
other than a part normally provided for the use of passengers during
travelling;
(b) who, not being an employee on duty is travelling with or without permission
over a railway in the course of construction; or
(c) who, at the time such loss of life or injury occurred, is being carried by any
transport service other than one provided by the Authority or under the
control of the Authority.
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(3) For the purposes of this section it shall not be necessary for any notice to be
given to such passenger of the conditions on which he travels, and it shall be immaterial
whether or not such passenger is an infant.
39. The Authority shall not be liable for any loss arising from the delay to any
passenger caused-
(a) by the failure of any train to start on or complete any journey; or
(b) by the late starting or late arrival of any train;
arising from any cause.
No liability for delay to
passengers
40. (1) Subject to the other provisions of this Act, except when the owner or
consignor or his representative accompanies the property and retains control thereof, the
Authority shall be liable for any loss, misdelivery of, or damage to, goods occurring while
the goods are in transit or otherwise from any cause unless the Authority proves that such
loss, misdelivery or damage arose from-
Liability for loss etc., of
goods in transit
(a) an act of war or an act of an enemy of the Republic;
(b) seizure under legal process;
(c) an act or order of the Government;
(d) an act or omission of the consignor, his servant or agent;
(c) a latent or inherent wastage in or natural deterioration of the goods;
(f) fire or explosion; or
(g) civil war and acts beyond the control of the Authority.
(2) Notwithstanding subsection (1), the Authority shall not be liable for loss,
misdelivery or damage of goods in the following cases:
(a) in relation to which an account false in any material particular has been
given under subsection (1) of section thirty-one or an incorrect or
insufficient address for delivery has been given;
(b) where there has been fraud on the part of the consignor;
(c) unless a document acknowledging receipt of such goods for carriage by the
Authority has been given;
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(d) where such goods are being carried by any transport service other than one
provided by the Authority or under the control of the Authority;
(e) where there is a loss of a particular market, whether held daily or at
intervals;
(f) where there is improper or insufficient packing;
(g) where there is a riot, civil commotion, strike, lockout, stoppage or restraint
of labour from whatever cause, whether partial or general; and
(h) from earthquake, floods, landslides or any other natural cause.
41. The Authority shall not be liable for any loss arising from delay to, detention of,
or deviation in, the carriage of goods unless such delay, detention or deviation is caused
by the negligence of any employee or agent of the Authority:
Liability for delay, etc.
of goods
Provided that the Authority shall not be liable for any loss arising from delay to,
detention of, or deviation in, the carriage of goods as follows:
(a) where there has been fraud on the part of consignor;
(b) unless a document acknowledging the receipt of such goods for carriage by
the Authority has been given;
(c) where such goods are being carried by any transport service other than one
provided by the Authority or under the control of the Authority;
(d) where there is a loss of a particular market, whether held daily or at
intervals;
(e) where there is improper or insufficient packing or an incorrect address;
(f) where there is riot, civil commotion, strike, lockout, stoppage or restraint of
labour from whatever cause, whether partial or general;
(g) earthquake, floods, landslides or any other natural cause.
42. The liability of the Authority in respect of any animal that dies or is injured while
in the possession of the Authority shall not in any case exceed the appropriate amount set
out in the Tariff Book, unless at the time of the acceptance of such animal by the Authority
for carriage, the consignor or his agent declared that the value of the animal exceeds such
appropriate amount and paid, or agreed to pay, such additional charges as may be
specified in the Tariff Book in respect of such excess value and thereupon the liability of
the Authority shall not in any case exceed such declared value.
Limitation of liability for
animals
43. (1) The liability of the Authority in respect of any article specified in the Second
Schedule, and contained in any parcel or package shall not exceed the declared value at
the time of acceptance of such parcel or package by the Authority for carriage.
Limitation of liability for
loss, etc., of specified
article
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(2) It shall be a condition of the carriage of any parcel or package containing any
article, the value of which has been declared, that the contents of such parcel or package
shall be inspected by an authorised employee at the time of such declaration.
(3) The Minister may, upon recommendation of the Board, by regulation, amend the
Second Schedule.
44. (1) The liability of the Authority for any loss or mis-delivery of, damage to, delay
in the delivery of, any goods deposited in a cloakroom shall not in any case exceed the
declared value at the time of the deposit.
Limitation of liability for
loss etc., of goods
deposited in
cloakroom
(2) For the purpose of this section, the expression "cloak room" means any place
provided by the Authority in connection with rail services provided by the Authority as a
facility for the temporary deposit of goods by passengers and other persons.
PART IX INSPECTIONS, NEW RAILWAYS AND ROLLING STOCKPART IX
INSPECTIONS, NEW RAILWAYS AND ROLLING STOCK
45. (1) The Minister may appoint suitably qualified public officers as inspectors of
railways for the purposes of this Act.
Inspector of railways
(2) Notice of the appointment of every inspector of railways shall be published in the
Gazette.
46. The functions of an inspector of railway shall be to-
(a) inspect the railway or rolling stock used thereon with a view to determining
whether they are fit for the public carriage of passengers or goods; and to
report thereon to the Minister;
(b) inspect the railway or rolling stock used thereon for the purpose of
ascertaining whether the provisions of any written law or of any regulations
made under this Act relating to the safety and protection of passengers or
goods carried by rail are being complied with by the Authority;
(c) conduct inquiries, in accordance with the provisions of this Act, into the
cause of any accident on the railway;
(d) perform such other functions as are conferred or imposed upon him under
the provisions of this Act or any other written law; and
(e) perform any other functions as the Minister may direct in relation to the
safety and protection of passengers or goods carried by rail.
Functions of
inspectors of railways
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47. (1) Every inspector of railways shall, for the purpose of performing his functions
under this Act, have power-
Powers of inspectors
of railways
(a) to enter, inspect and examine any premises of the Authority at all
reasonable times;
(b) to interview and take written statements from any employee;
(c) to examine and conduct inquiries regarding the state and condition of any
building, works, rolling stock or other thing used for, or intended to be used
for, or in connection with, the public carriage of passengers or goods by
railway;
(d) by notice in writing under his hand addressed to the Managing Director, to
require the attendance before him of any employee and to require such
answers or returns to such inquiries conducted by him as he may consider
necessary to make form such employee.
(2) No action or other legal proceeding shall be instituted against an inspector of
railways in respect of any act done or omitted to be done by him in good faith in the
exercise or purported exercise of his functions under this Act.
48. It shall be the duty of the Authority to give an inspector of railways such
assistance as may be required for the efficient performance of his functions under this Act,
and to provide such information to him as he may require for the purpose of, or in
connection with, the exercise of his functions under this Act.
Means of entry and
information to be
provided to inspector
of railways
49. Subject to the provisions of sections fifty-one, fifty-two and fifty-three, the
Authority may open a new railway or put into service a new type of rolling stock.
New rolling stock or
new railway
50. (1) Subject to subsection (2), the Authority shall, not less than one month
before it intends to open a railway for the public carriage of passengers or goods by rail, or
put into service a new type of rolling stock, give to the Minister notice in writing of its
intention to do so.
Notice of intended
opening of new railway
or use of new rolling
stock
(2) The Minister may, in any particular case reduce the period of or dispense with,
the notice required under subsection (1).
51. A railway shall not be opened for the public carriage of passengers or goods,
or a new type of rolling stock shall not be put into service on a railway, until an inspector of
railways has approved, in writing, the opening of such railway or the putting into service of
such new type of rolling stock on the railway.
Conditions for opening
new railway or putting
into service new rolling
stock
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52. (1) The approval in writing required under section fifty-one shall not be given
until the inspector of railways has satisfied himself that-
Procedure for approval
(a) a careful inspection of the railway and the rolling stock has been made by
him;
(b) the moving and fixed dimensions prescribed by the Authority have not been
infringed;
(c) the weight of rails, strength of bridges, general structural character of the
works and the size of, and maximum gross load upon, the axles of rolling
stock are such as have been prescribed by the Authority;
(d) the regulations and instructions necessary for the working of the railway
when open for the public carriage of passengers and goods, or for putting
into service the new type of rolling stock, have been issued by the Authority;
and
(e) the railway may be opened for the public carriage of passengers and
goods, or the new type of rolling stock may be put into service, without
danger to passengers or goods carried by rail.
(2) If the railway cannot be opened, or the new type of rolling stock cannot be put
into service, without danger to passengers or goods carried by rail, the inspector of
railways shall give reasons therefor and shall direct the Authority to postpone the opening
of the railway or the putting into service of the new type of rolling stock and the Authority
shall give effect to every such direction.
(3) The approval in writing required under section fifty-one may be either absolute or
subject to such conditions as may be considered necessary for the safety of passengers
or goods carried by rail.
(4) Where the approval in writing required under section fifty-one is given subject to
conditions, the Authority shall not open the railway or put into service the new type of
rolling stock until the conditions are fulfilled to the satisfaction of an inspector of railways.
53. (1) Sections fifty-one and fifty-two shall apply, with the necessary modifications,
to the opening of works to which this section applies when such works form part of, or are
directly connected with, a railway used for the public carriage of passengers or goods and
have been inspected prior to such construction before the plans and designs are
approved by the Authority.
Alteration of railways
(2) This section applies to additional lines of railway, deviation lines, sidings,
stations, junctions, level crossings, bridges and any alteration or re-construction materially
affecting the structural character of the railway.
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54. (1) When an accident has occured resulting in the temporary suspension of
traffic and the employee in charge of the works undertaken due to such accident has
certified, in writing to the Authority, that the lifting of the suspension shall not, in his
opinion, be attended with delay to passengers or goods carried by rail, he may-
Temporary suspension
of traffic
(a) open the restored line; or
(b) open the temporary diversion so laid;
before an inspector of railways has conducted an inspection.
(2) A notice by telecommunication of the opening of the line or the diversion referred
to in subsection (1), shall be sent by the Authority, as soon as practicable, to an inspector
of railways.
55. (1) When, after inspecting a railway used for public carriage of passengers or
goods or rolling stock used thereon, an inspector of railways is of the opinion that the
continued use of the railway or of any specified rolling stock will be attended with danger
to passengers or goods carried by rail, he shall state that opinion, together with his
reasons therefor, to the Minister.
Power to close railway
or to discontinue use
of rolling stock
(2) The Minister may, upon receiving the opinion of the inspector of railways in
accordance with subsection (1), direct the Authority that-
(a) the railway be closed for the public carriage of passengers or goods; or
(b) the use of the rolling stock specified in the direction, be discontinued or the
railway or the rolling stock specified in the direction, be used for the public
carriage of passengers or goods on such terms and conditions as may be
specified in such direction.
(3) Any direction given by the Minister under subsection (1) shall state the grounds
on which such direction is based.
56. (1) When a railway has been closed under the provisions of section fifty-five, it
shall not be re-opened for the public carriage of passengers or goods until-
Re-opening of closed
railway, etc.
(a) an inspector of railways has made a report to the Minister; and
(b) the Minister has approved, in writing, the re-opening thereof.
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(2) When the Minister has directed under section fifty-five that the use of rolling
stock specified in the direction be discontinued, the Authority shall not put into service the
specified rolling stock until-
(a) an inspector of railways has made a report to the Minister, and
(b) the Minister has approved, in writing, that the rolling stock may be put into
service.
PART X ACCIDENTSPART X
ACCIDENTS
57. When an accident occurs in the course of any operations carried on by the
Authority which-
(a) has resulted or could have resulted in the loss of human life or serious
injury to any person or damage to property;
(b) involves any collision or averted collision between two or more trains;
(c) involves the derailment of any train or any part thereof;
(d) involves any collision between a train and any motor vehicle;
(e) occurs in a section and the line is likely to be interrupted for twenty-four
hours or more;
(f) involves cases of landslides or breaches by rain or floods causing
interruption of through communication for twenty-four hours or more; or
(g) occurs in such circumstances or is of such kind as the Minister may specify,
in writing, to the Authority;
the Managing Director shall, as soon as possible, give notice of the occurrence to the
Minister and to an inspector of railways and, in the case of an accident involving loss of
life or serious injury to any person, an authorised officer shall cause the matter to be
reported to a police station nearest to the scene of the accident.
Duty to report
accidents
58. (1) The Minister may order an inquiry to be held into any accident referred to in
section fifty-seven by an inspector of railways or any other person and for that purpose he
may prescribe the procedure for the conduct of such inquiry, specify the person by whom
it shall be conducted, the remuneration to be paid to such person and to witnesses, and
the place where, and the time at which it shall be held.
Inquiries into accidents
(2) Any expense incurred in connection with an inquiry held under subsection (1)
shall be paid for by the Authority.
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(3) The inspector of railways or the person conducting an inquiry under subsection
(1) shall, for the purpose of such inquiry, have such powers relating to the summoning and
examination of witnesses and the production of documents as the Minister may, by
statutory instrument, prescribe.
(4) The inspector of railways or the person by whom an inquiry is conducted under
subsection (1) shall prepare a report on the accident, setting out, inter alia, the probable
cause of the accident, the persons, if any, responsible for the accident, the adequacy of
relief measures and the steps, if any, which have been taken, or should be taken, with a
view to avoiding a recurrence thereof and shall submit such report to the Minister.
59. The Managing Director shall send to the Minister a return of all accidents
occurring on the railway in such form and in such manner and at such intervals as the
Minister may direct.
Submission of returns
PART XI RAILWAY UNDER CONSTRUCTIONPART XI
RAILWAY UNDER CONSTRUCTION
60. (1) Where any piece or parcel of land is required for the purposes of the
Authority and the Authority is unable to acquire such land by agreement, the Authority
may make representations to the Government and the Government may, if it considers it
proper so to do, acquire such land in accordance with the provisions of the law relating to
the acquisition of land and allocate the land to the Authority.
Acquisition of land for
purposes of Authority
(2) Any compensation which becomes payable to the occupier of any land acquired
pursuant to subsection (1) shall be payable by the Authority in such manner as the
Government may direct.
61. (1) Subject to any other law, any authorised employee may, for the purposes of
the Authority, enter upon-
Entry on land for
survey, excavation,
construction, etc.
(a) any land and survey such land or any portion thereof;
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(b) any land contiguous to any premises occupied by the Authority and-
(i) excavate, take away and use any earth, stone, gravel or similar
materials out of such land;
(ii) cut, take away and use any timber on any such land;
(iii) lay, construct, erect and maintain thereon any poles, posts,
standards, cables wires, cords, pipes, tubes or other things required
for, or in connection with, the operation and maintenance by the
Authority of telegraphic or telephonic means of communication:
Provided that every such cable or cord which crosses any road or
street above the surface of the ground shall be placed not less than
5.50 metres above the ground and in such manner as not to hinder
or obstruct the free use and enjoyment of such road or street by
users thereof.
(2) Where any material or timber are taken away in, or any damage is caused by
reason of, the exercise of the powers conferred by this section, the owner or occupier of
the land shall be entitled to adequate compensation therefor from the Authority.
62. (1) Except with the written permission of the Authority, a person shall not erect
any building or structure or execute any works on the railway strip.
Railway strip
(2) Where any person has erected or erects any building or structure, or has
executed or executes any works, on a railway strip without the written permission of the
Authority, the Authority shall give notice to such person to demolish or modify such
building, structure or works within thirty days of such notice.
(3) Where a person does not, within thirty days of the notice referred to in
subsection (2), demolish or modify the building, structure or works, the Authority shall
demolish or modify or cause to be demolished or modified, the building, structure or works
and such person shall pay for the costs of such demolition or modification.
63. (1) Subject to any other law, any authorised employee may, for the purpose of
safe operation of any rail transport services provided by the Authority or repairing any
damage caused by any accident, enter upon any land and-
Entry on land to
prevent accidents, etc.
(a) cut down or remove any tree or other obstruction, not being a building,
which obscures the view of any fixed signal or which is likely to cause any
obstruction or any danger to any rail transport services;
(b) execute such other works as may be necessary to prevent the occurrence
of any accident or to repair any damage caused as a result of any accident.
(2) Where any tree or other obstruction is cut down or removed under paragraph (a)
of subsection (1), the owner or occupier of the land shall be entitled to adequate
compensation therefor from the Authority:
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Provided that no such compensation shall be payable if the tree or other obstruction
cut down or removed, as the case may be, came into existence subsequent to the
construction of the railway.
64. (1) Subject to any other law, any authorised employee may, for the purposes of
the Authority, enter upon any land and alter the position of any pipe for the supply of gas,
oil, water or compressed air, or the position of any electric, telephone or telegraphic wire
or the position of any drain.
Entry on land to alter
position of pipes, etc.
(2) Where the Authority exercises any power under subsection (1), it shall give
reasonable notice of its intention so to do to the Authority or person having control of the
pipe, wire or drain and-
(a) such authority or person may authorise a representative to superintend
such work and may require the Authority to execute such work to the
satisfaction of such representative;
(b) The Authority shall make arrangements for the maintenance of the supply
of gas, oil, water, compressed air or electricity, or for the continuance of the
telephonic or telegraphic communications or for the maintenance of the
drainage, as the case may be, during the execution of such work.
(3) Where any damage is caused by reason of the exercise of the powers conferred
by this section, the person suffering such damage shall be entitled to adequate
compensation therefor from the Authority.
65. Subject to any other law regulating the use of water the Authority may take any
water from any natural water course.
Power to take water
66. (1) Subject to subsection (2), the Authority shall, during the construction of a
railway or branch line or as soon as practicable thereafter, construct and maintain the
following accommodation works for the benefit of the owners and occupiers of land
adjoining the land on which the railway or branch line is constructed-
Accommodation works
(a) such crossings, bridges or other works as, in the opinion of the Authority,
are necessary for the purpose of making good any interruption caused by
the construction of the railway or branch line to the use of lands through
which the railway or branch line is constructed;
(b) such culverts, drains or other works, as, in the opinion of the Authority, are
necessary to convey water freely, or as nearly thereto as practicable, from
or to such adjoining lands as existed before the construction of the railway
or branch line:
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Provided that nothing in this section shall require the construction or maintenance of
any accommodation works-
(i) in such manner as to prevent or obstruct the proper operation of the
railway;
(ii) where the owners or occupiers, or their predecessors in title, of the lands
have received an agreed amount of compensation in consideration of such
works not being constructed or maintained; or
(iii) at any time after a period of five years from the date on which the railway or
branch line passing through the lands was first opened for the public
carriage of passengers or goods.
(2) The Authority shall not be required to construct accommodation works for
the-crossing of any road or watercourse if suitable accommodation works for the crossing
of such road or watercourse have been constructed under this section and such road or
watercourse is afterwards diverted by some person other than the Authority.
67. If at any time-
(a) the owner or occupier of any land on which a railway or branch line is
constructed desires any accommodation works in addition to those, if any,
constructed by the Authority under section sixty-six; or
(b) any authority proposes to construct a public road or any other works across
a railway or branch line:
such owner, occupier or authority, as the case may be, may require the Authority to
construct such accommodation works-
(i) as may be agreed between the Managing Director and the owner, occupier
or authority; and
(ii) if such agreement is not reached, as may be determined by an inspector of
railways;
and the cost of constructing such accommodation works shall be borne by the owner,
occupier or authority requiring them.
Additional
accommodation works
68. (1) Where, in the exercise of powers under this Act, the Authority proposes to
construct a railway track across a public road, an inspector of railways may, subject to
subsection (3), require the Authority to execute such works as may be necessary for the
safety of the public, and the Authority shall comply with such requirements.
Construction of railway
crossing public road
(2) Where any railway track has been constructed so as to cross a public road an
inspector of railways may, subject to subsection (3), require the Authority-
(a) to erect gates or provide other safety measures if the crossing is on the
same level; or
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(b) to raise or lower the level of the public road so that it crosses the railway
track above or below and not on the same level.
(3) An inspector of railways shall, before making any requirement under this section,
communicate with the authority responsible for the maintenance of public roads and shall
take into consideration any representations made by such authority or any person directly
affected by the proposed construction.
(4) Where, as a result of a requirement made by an inspector of railways under this
section, any works are to be constructed by the Authority, the manner of the construction
of such works and the apportionment of the cost of construction and maintenance thereof
shall be determined by agreement between the Authority and the authority responsible for
the maintenance of public roads or, if no such agreement is reached, it shall be
determined by the inspector or railways.
69. Nothing in this Act shall prohibit the use of a railway or branch line by Authority,
its employees or its agents while such railway or branch line is under construction.
Use of railway under
construction
PART XII OFFENCES AND PENALTIESPART XII
OFFENCES AND PENALTIES
70. (1) Any person who by any unlawful, wilful, negligent or careless act or
omission-
Endangering safety
(a) obstructs or causes to be obstructed any train or vehicle using the railway;
(b) endangers or cause to be endangered the safety of any person in or upon
any train or vehicle using the railway;
(c) puts, places, casts or throws upon or across any railway line any wood,
stone or other matter or thing;
(d) takes up, removes or displaces any rail, sleeper or other matter or thing
belonging to the Authority;
(e) throws or causes to fall or strike at, against, into or upon any train or vehicle
used upon the railway any wood, stone or other matter or thing with intent
to injure or endanger
the safety of any person being in or upon such train or vehicle;
(f) sets fire to, destroys or in any way damages any railway track way or the
rails and appurtenances laid thereon or any station, engine house,
warehouse or other building or any train or vehicle belonging or
appertaining to the railway or any matter or thing contained therein; or
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(g) does or causes to be done any other thing with intent to obstruct, upset,
overthrow, damage or destroy any train or vehicle using such railway or to
endanger the safety of any person travelling by or being upon such railway;
shall be guilty of an offence and shall be liable, upon conviction, to imprisonment for a
term not exceeding twenty-five years.
(2) Any person who aids, abets, assists, counsels or procures any act or omission
referred to in subsection (1) shall be guilty of an offence and shall be liable, upon
conviction, to imprisonment for a term not exceeding twenty-five years.
71. Any person who-
(a) not being authorised in that behalf and not being an employee or agent of
the Authority-
Miscellaneous
offences
(i) is found during the hours of darkness on any premises occupied by
the Authority;
(ii) is found in any area designated by the Authority as dangerous or
restricted by the erection of notice-boards to that effect; or
(iii) refuses to leave premises occupied by the Authority or any train or
vehicle of the Authority after being lawfully warned to do so by any
employee or Police Officer;
(b) being on any premises occupied by the Authority or upon any train or
vehicle of the Authority-
(i) when called upon to do so by an employee or Police Officer, refuses
to give his name and address, or gives a false name or address, for
the purpose of avoiding prosecution;
(ii) is in a state of intoxication and behaves in a violent or offensive
manner to the annoyance of any other person;
(iii) discharges any firearm or does anything which may cause injury to
any person on such premises or upon such train or vehicle;
(iv) commits any nuisance or act of indencency or uses profane,
obscene, indecent or abusive language;
(v) without lawful excuse contravenes any direction lawfully given by
any employee;
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(vi) except with the permission of an authorised employee, hawks, sells
or exposes for sale any article or touts, applies for, or solicits,
custom of any description; or
(vii) smokes in any part of such premises, train or vehicle bearing a
notice that smoking is prohibited in that part;
(c) writes, draws or affixes any profane, obscene, indecent or abusive word,
matter, graffiti, representation or character upon any premises occupied by
the Authority or upon any train or vehicle of the Authority;
(d) defaces the writing on any board or any notice authorised to be maintained
upon any premises occupied by the Authority or upon any train or vehicle of
the Authority;
(e) damages or without lawful excuse interferes with any property of the
Authority;
(f) without lawful excuse, enters or leaves any train or vehicle of the Authority
while it is in motion or at a place other than that appointed by the Authority
for passengers to enter or leave or opens any outer door or any train while
it is in motion;
(g) in the absence of a gate-keeper, omits to shut and fasten, if any form of
fastener is provided, any gate on the railway as soon as such person or any
animal, vehicle or other thing under his charge has passed through the
gate;
(h) knowing, or having reason to believe, that a train is approaching, or without
having exercised due care to ascertain whether a train is approaching,
opens any gate, chain or bar set up on either side of a railway track or
drives any animal, vehicle or other thing onto or across such railway track;
(i) permits or allows any animal to stray on any fenced premises occupied by
the Authority;
(j) fails to deliver at the earliest possible opportunity to any authorised
employee any property which there is reason to believe has been lost or
forgotten and is found on any premises, train or vehicle of the Authority;
(k) wilfully obstructs or impedes an employee or agent of the Authority in the
performance of his duties;
(l) throws from a train any article or substance likely to be a source of danger
to, or to cause injury to, any other person;
(m) without the prior approval of the Authority, takes or sends or attempts to
take or send upon any railway any dangerous animal or any animal not
under proper control or any animal suffering from any contagious or
infectious
disease;
(n) being an employee, receives from any passenger, or from any other person
delivering goods to the Authority for carriage or warehousing, or from any
other person making use of the facilities provided by the Authority, any
money and fails within a reasonable time not exceeding half an hour to
issue a ticket or other receipt in respect of such money; or
(o) without the permission of an authorised employee, travels in or upon any
part of a train or vehicle of the Authority other than the part ordinarily
provided for passengers during travel;
shall be guilty of an offence and shall, upon conviction, be liable to a fine not exceeding
five thousand penalty units or to imprisonment for a term not exceeding six months, or to
both.
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72. (1) Any person who-
(a) wilfully refuses to pay the fare or excess charge which, on demand, he is
liable to pay under this Act; or
Refusal to pay fare or
unauthorised purchase
of ticket
(b) travels on a train of the Authority with a ticket or free pass, purchased or
obtained by him from any person other than an authorised employee;
shall be guilty of an offence and liable, upon conviction, to a fine not exceeding ten
thousand penalty units or to imprisonment for a term not exceeding twelve months, or to
both and, in addition, shall be liable to pay the fare and any excess charge.
(2) Where any fare or excess charge is recovered under this section the amount so
recovered shall be paid to the Authority.
73. Any person on any train of the Authority who-
(a) enters any part thereof reserved for the use of another person or already
containing the maximum number of persons authorised for that part, and
refuses to leave that part after being required to do so by an authorised
employee;
(b) resists or obstructs the lawful entry of any person into any part thereof not
already containing the maximum number of persons authorised for that
part;
(c) refuses or fails to obey any lawful direction of an authorised employee;
(d) without reasonable cause, uses or interferes with any means of
communication provided thereon for communication between passengers
and any employee therein; or
(e) knowingly enters, or after being required so to do, refuses to leave, any part
thereof provided for the exclusive use of persons of a different sex or for
persons entitled to a different class of accommodation;
shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding two
thousand five hundred penalty units or to imprisonment for a term not exceeding three
months, or to both.
Failure to obey lawful
instructions,
obstructing, etc.
74. Any person who, not being an authorised employee or agent, sells or parts with
any ticket or free pass, or any portion thereof, in order to enable any other person to travel
therewith on a train, shall be guilty of an offence and shall be liable, upon conviction, to a
fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding
six months, or to both.
Unauthorised sale of
tickets
75. Any person who makes, either knowingly or recklessly, any statement which is
false in any material particular in any return, claim or other document which is required or
authorised to be made for the purposes of the Authority under this Act shall guilty of an
offence and shall be liable upon conviction to a fine not exceeding twenty thousand
penalty units or to imprisonment for a term not exceeding two years, or to both.
False returns
76. Any person who contravenes section thirty-five shall be guilty of an offence and
shall be liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to
imprisonment for a term not exceeding five years, or to both.
Unlawfully transporting
dangerous goods
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77. Any employee who, with intent to defraud, demands, solicits or receives from
any passenger, or from any person delivering goods to the Authority for carriage or
warehousing or from any person making use of the facilities provided by the Authority, any
greater or lesser amount than he should demand or receive, shall be guilty of an offence
and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or
to imprisonment for a term not exceeding twelve months, or to both.
Employee demanding
improper amount
78. Any employee who while-
(a) present, even if not on duty, on any locomotive or in any guard's van; or
(b) on duty having responsibilities related to the movement of traffic or the
operation or maintenance of any railway signalling or communication
equipment or any part of the permanent way or to the repairs of any train;
is found having consumed alcohol as ascertained from a breath test taken under section
seventy-nine shall be guilty of an offence and shall be liable, upon conviction, to a fine not
exceeding fifty thousand penalty units or imprisonment for a term not exceeding five
years, or to both.
Drunkeness while on
locomotive, guard's
van etc.
79. (1) Subject to subsection (2), an employee may be required to subject himself
to a breath test by an authorised employee if the authorised employee has reasonable
cause to suspect him of having consumed alcohol.
Breath test
(2) An employee having the responsibilities referred to under section seventy-eight
shall, before undertaking such responsibilities, submit himself to a breath test.
(3) Any employee who fails to submit himself to a breath test under this section shall
be guilty of an offence and shall be liable on conviction to a fine not exceeding ten
thousand penalty units or to imprisonment for a term not exceeding twelve months, or to
both.
80. Any person who commits an offence under this Act, which is also an offence
under the Penal Code or under any other written law, may be proceeded against under
this Act or under the Penal Code or under such other written law and section seventy-two
shall apply in respect of the recovery of any fare or excess charge.
Offences which are
offences under other
laws
Cap. 87
81. (1) Where the safe operation of any rail transport service of the Authority will be
endangered by the immediate arrest, with or without warrant, of any employee, the police
officer intending to make such arrest shall-
Arrest of employee
(a) request the superior officer of such employee to relieve such employee of
his duties as soon as practicable; and
(b) refrain from arresting such employee until he is so relieved and shall, until
he is so relieved, take all necessary steps to ensure that such employee
does not escape.
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(2) When any request is made to a superior officer under this section, it shall be his
duty to relieve the employee in respect of whom the request is made with the least
possible delay.
82. The Authority shall publish brief particulars of every offence for which any
penalty is imposed by this Act and of the amount of fine or the term of imprisonment for
every such offence, and shall cause such particulars to be exhibited at every booking
office or such other places as the Board may direct and such particulars shall be renewed
as often as the same or any part thereof is obliterated or destroyed:
Particulars of offences
and penalties to be
exhibited
Provided that the failure to publish such brief particulars of any such offence or
penalty or the failure to exhibit them shall not be a defence to a charge in respect of any
offence.
PART XIII GENERAL PROVISIONSPART XIII
GENERAL PROVISIONS
83. (1) The Authority shall not be liable for any loss or damage caused by fire from
any rolling stock of the Authority to any building, or any property therein, if any part of such
building is within the railway strip.
Liability for damages
caused by fire
(2) Subject to the provisions of subsection (1), the Authority shall be liable for any
loss or damage caused by fire from any rolling stock of the Authority if such loss or
damage is caused to the owner or occupier of any land which is contiguous to land
occupied by the Authority:
Provided that the owner or occupier suffering any such loss or damage shall, within
thirty days, give written notice of the occurrence to the Managing Director together with
any particulars of the claim.
84. (1) No person shall be entitled to compensation for non-delivery of the whole of
a consignment of goods, or of any separate package forming part of such consignment,
accepted by the Authority for carriage or warehousing unless a claim in writing, giving
such particulars as may reasonably be necessary, is given to the Managing Director within
ninety days of the date on which such goods were contracted to be delivered by the
Authority.
Notice of claim
(2) No person shall be entitled to compensation for any goods missing from a
packed or unpacked consignment of, or for mis-delivery of, damage or delay to, detention
of, or deviation in the carriage of, any goods accepted by the Authority for carriage or
warehousing unless a claim in writing, giving such particulars as may reasonably be
necessary, is given to the Managing Director within ninety days of the date on which such
goods were contracted to be delivered by the Authority.
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85. Notwithstanding anything to the contrary contained in any written law, where
any judgment or order has been obtained against the Authority, no execution or
attachment, or process in the nature thereof, shall be issued against the Authority or
against any property of the Authority, but the Managing Director shall cause to be paid out
of the revenue of the Authority such amounts as may, by the judgement or order, be
awarded against the Authority to the person entitled thereto.
Restriction on
execution against
property of Authority
86. (1) Any notice or other document required or authorised under this Act to be
served on the Authority of the Managing Director may be served-
Service of notice, etc.
on Managing Director
(a) by delivery of the notice or other document to the Managing Director or to
any authorised employee;
(b) by leaving it at the office of the Managing Director or the regional office of
the Authority; or
(c) by sending it by registered post to the Managing Director.
87. The Minister may, after consultations with the Board, by statutory instrument,
make regulations generally with respect to the services performed and the facilities
provided by the Authority under this Act, for the maintenance of order on any premises
occupied by the Authority or on any train or vehicle operated by the Authority and, in
particular, but without prejudice to the generality of the foregoing with respect to-
(a) the prohibition of smoking in any portion of any such premises, train or
vehicle;
(b) the proper control, management and protection of any such premises, train
or vehicle, and any property of the Authority;
(c) the control of all persons on any such premises, the maintenance of order
thereon and the admission thereon or the exclusion therefrom of persons
and the charges, if any, to be made for such admission;
(d) the defining of dangerous or offensive goods and the conditions under
which they may be carried or stored by the Authority;
(e) the control of the use of lights or illuminated signs showing any or all of the
colours, or shades of the colours, red, green, white or amber in or near any
premises occupied by the Authority;
(f) the safety and protection of passengers and goods carried, and of persons
employed, by the Authority;
(g) the procedure to be followed in the conduct of inquiries into accidents;
(h) the sale, disposal or writing off of any property or assets of the Authority;
(i) the acceptance of any tender for goods or services; or
(j) any matter authorised to be prescribed under this Act.
Regulations
88. (1) The Tanzania-Zambia Railway Act is hereby repealed. Repeal and savings
Cap. 768 of the old
edition
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(2) Notwithstanding the repeal of the Tanzania-Zambia Railway Act, all the assets
and liabilities of the Authority existing immediately before the commencement of this Act
shall continue to vest in or, as the case may be, subsist against the Authority, together
with all the rights and obligations arising out of any contract or otherwise as if this Act has
not come into force.
FIRST SCHEDULE
(Sections 4, 9 and 11)
PART I
TANZANIA-ZAMBIA RAILWAY AUTHORITY
1. (1) The seal of the Authority shall be such device as may be determined by the Board and
shall be kept by the Secretary.
(2) The affixing of the seal of the Authority shall be authenticated by the Chairman and the
Secretary or by the Managing Director and the Secretary or one other person authorised in that
behalf by a resolution of the Board.
(3) Any contract or instrument which, if entered into or executed by a person not being a body
corporate, would not be required to be under seal, may be entered into or executed without seal on
behalf of the Authority by the Managing Director or the Secretary or any other person authorised in
that behalf by the Board.
(4) Any document purporting to be a document executed under the seal of the Authority or
issued on behalf of the Authority shall be received in evidence and shall be deemed to be a
document so executed or issued, as the case may be, without further proof, unless the contrary is
proved.
Seal of Authority and
execution of contracts
and documents
PART II
COUNCIL OF MINISTERS
2. (1) Subject to the provisions of this Act, the Council may regulate its own procedure. Proceedings of council
(2) The Council shall meet for the transaction of business at least once in every year at such
places and at such times as the Chairman may decide.
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(3) A meeting of the Council shall be presided over by-
(a) the Chairman; or
(b) where the Chairman is unable for any cause to preside, such member as the Chairman
may designate in that behalf; or
(c) where the Chairman is unable for any cause to preside and-
(i) no member has been designated under paragraph (b); or
(ii) the member designated under paragraph (b) is unable for any cause to preside
such member as the members present may elect for the purpose.
(4) Three members shall form a quorum at any meeting of the Council:
Provided that each Contracting State shall be represented at the meeting.
(5) All decisions of the Council shall be unanimous.
(6) The Secretary shall serve as the Secretary to the Council.
(7) The Council may invite any person, whose presence is in its opinion desirable, to attend
and participate in the deliberations of a meeting of the Council, but such person shall have no vote.
(8) The Council may establish committees for the purpose of performing its functions under
this Act and may delegate to any such committee such of its functions as it thinks fit.
(9) The Council may appoint as members of a committee established by paragraph (8),
persons who may or may not be members of the Council and such persons shall hold office for such
period as the Council may determine.
(10) Subject to any specific or general direction of the Council, any committee established
under paragraph (8) may regulate its own procedure.
3. All expenses incurred by the Council in the performance of its functions under this Act shall
be paid out of the funds of the Authority.
Expenses of Council
4. (1) If a person is present at a meeting of the Council at which any matter is the subject of
consideration and in which matter the person or his spouse is directly or indirectly interested in a
private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose
such interest and shall not, unless the Council otherwise directs, take part in any consideration or
discussion of, or vote on, any question touching such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting
at which it is made.
Disclosure of interest
5. No action or other proceedings shall lie or be instituted against any Council member for or
in respect of any act or thing done or omitted to be done in good faith in the exercise or purported
exercise of his functions under this Act.
Immunity of Council
members
PART III
BOARD OF DIRECTORS
6. (1) A member other than a member referred to in paragraphs (a) and (b) of subsection (1)
of section eleven shall hold office for a period of three years on such terms and conditions as may be
specified at the time of appointment, and shall, on the expiry of such period, be eligible for
re-appointment.
(2) A member, other than a member referred to in paragraphs (a) and (b) of subsection (1) of
section eleven, may resign at any time, in writing, to the Minister and may be removed by the Minister
at any time.
Tenure of office
7. A member shall be paid such remuneration or allowances as the Council may, from time to
time, determine.
Remuneration of
members
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8. (1) Subject to the other provisions of this paragraph, the Board may regulate its own
procedure.
(2) For the transaction of its business, the Board shall meet at least four times in a year, at
such times and at such places as the Board may determine.
(3) Three members of the Board shall form a quorum at a meeting:
Provided that each Contracting State is represented at the meeting.
(4) A meeting of the Board may be called by the Chairman, or in his absence by any other
member authorised in that behalf by the Chairman, upon giving fourteen days' notice to its members:
Provided that if the urgency of any particular matter does not permit the giving of fourteen days'
notice, a special meeting may be called upon giving a shorter notice.
(5) The Chairman shall preside at any meeting of the Board or in the absence of the Chairman
such member as the members may elect for the purpose of that meeting.
(6) A decision of the Board or any question shall be by a majority of the members present and
voting at the meeting and shall include an affirmative vote of at least one member from each
Contracting State and in the event of an equality of votes the person presiding at the meeting shall
have a casting vote in addition to his deliberative vote.
(7) The Board may invite any person, whose presence is in its opinion desirable, to attend and
to participate in the deliberations of a meeting of the Board but such person shall have no vote.
(8) The provisions of paragraph 4 of this Schedule shall apply, with the necessary
modifications, to the Board meetings.
(9) The validity of any proceedings, act or decision of the Board shall not be affected by any
vacancy in the membership of the Board or by any defect in the appointment of any member or by
reason that any person not entitled so to do took part in the proceedings.
(10) The Board shall cause minutes to be kept of the proceedings of every meeting of the
Board and of every meeting of any committee established by it.
(11) The Secretary shall serve as the Secretary to the Board.
Proceedings of Board
9. (1) The Board may establish committees for the purposes of performing its functions under
this Act and may delegate to any such committee such of its functions as it thinks fit.
(2) The Board may appoint as members of a committee established under subsection (1),
persons who may or may not be members of the Board and such persons shall hold office for such
period as the Board may determine.
(3) Subject to any specific or general direction of the Board, any committee established under
subsection (1) may regulate its own procedure.
Committees of Board
10. The provisions of paragraph 5 of this Schedule shall apply, with the necessary
modifications, in respect of members and members of any committee established by the Board.
Immunity of members
and committee
members
PART IV
ADMINISTRATION
11. (1) There shall be a Secretary to the Authority, who shall be appointed by the Board on
such terms and conditions as the Board may determine.
(2) The Secretary shall, under the control and supervision of the Managing Director, be
responsible for keeping the records or proceedings of the Council and the Board and shall perform
such other functions as the Board may prescribe.
(3) The Board may appoint such other persons as are necessary to carry out the functions of
the Authority.
(4) The Managing Director may, by notice in writing, authorise any employee appointed under
this section to maintain order upon any premises occupied by the Authority or in any train or vehicle
of the Authority, and any employee so authorised shall, in the performance of such duty, have all the
powers, rights, privileges and protection, of a police officer.
Secretary and other
staff
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12. (1) Subject to the provisions of this Act, the Board may make general orders for
determining the conditions of service of employees and for regulating their conduct while on duty and
in particular, but without prejudice to the generality of the foregoing, such orders may relate to-
(a) the appointment, dismissal, discipline, hours of employment, pay and leave of
employees;
(b) appeals by employees against dismissal or other disciplinary actions;
(c) the establishment and administration of pension schemes and pension funds, medical
aid schemes and medical aid funds and other schemes and funds of any kind
whatsoever for the benefit of employees or their dependants or the dependants of
deceased employees, and the appointment, removal and replacement of trustees of any
such scheme or fund;
(d) the grant of pensions, gratuities and other terminal benefits to employees and their
dependants and to the dependants or estates of deceased employees; and
(e) the deduction from the salary or wages of employees of-
(i) contributions payable to any fund under the conditions of service;
(ii) rent payable to the Authority for housing or accommodation provided by the
Authority;
(iii) repayment of money lent by the Authority together with interest thereon; and
(iv) payment due to the Authority in respect of any electricity, water or other services.
(2) Different orders may be made under this paragraph in relation to different categories of
employees, and such orders may be made so as to have effect as from a date prior to the date on
which they are made when they relate to-
(a) a pension scheme or pension fund; or
(b) conditions of service.
that are either generally beneficial to the persons affected or give each such person an option to
accept such revised conditions of service or to remain on his existing conditions of service.
Conditions of service
13. The provisions of sections eleven, twelve and thirteen of the Finance (Control and
Management) Act shall apply, with the necessary modifications, in respect of any employee alleged
to be guilty of any act or wilful default or gross negligence under the said Act, subject to the following
modifications:
(a) reference to "employee", "Authority", "Managing Director", "moneys belonging to or owing
to the Authority", and "property of the Authority" shall respectively be submitted for
references to "officer", "Government", "Permanent Secretary", "public money" and "public
stores";
(b) references to "Managing Director" shall be substituted for reference to
"Attorney-General"; and
(c) references to "Board" shall be substituted for references to "the Republic".
Surcharges and
security and
attachment of property
of employees
Cap. 347
14. No pension or right to a pension payable under any scheme or from any fund established
under the powers conferred by this Act shall be liable to be attached, sequestered or levied upon for,
or in respect of, any debt or claim.
Protection of pensions
payable under this Act
15. Any employee who is convicted of an offence under section seventy or seventy-one may
be summarily dismissed from the service of the Authority by the Managing Director without any
further proceedings being taken under any orders relating to discipline.
Summary dismissal of
convicted employee
16. The Authority may, for the purposes of this Part, give consideration to any
representations made by any person or organisation and in particular, but without prejudice to the
generality of this paragraph, the Authority may give consideration to proposals made by organisations
and associations of, or representing, employees relating to salaries, salary scales, wages,
allowances or other conditions of service.
Authority may consult
with organisations of
employees
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SECOND SCHEDULE
(Section 43)
SPECIFIED ARTICLES
1. Gold, silver and other precious metals, coined or uncoined, manufactured or unmanufactured.
2. Precious and semi-precious stones, jewellery and trinkets.
3. Watches, clocks and timepieces of any description.
4. Government securities.
5. Stamps.
6. Bills of exchange, promissory notes, bank notes, currency notes and orders or other securities
for payment of money.
7. Maps, plans, writings and title-deeds.
8. Paintings, engravings, lithographs, pictures, photographs, carvings, statuary, sculpture, antique
furniture and other works of art.
9. Art pottery, glass, china and marble.
10. Cameras and cinematograph apparatus (including films).
11. Lace, furs and feathers.
12. Opium and narcotic preparations.
13. Musk, sandalwood oil and other essential oils used in the preparation of perfumes.
14. Pyrethrum extract.
15. Musical and scientific instruments, wireless and television sets, radio-grams, record players,
tape recorders and all other electronic instruments and equipment.
16. Ivory in any form.
