CHAPTER 453
RAILWAYS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Application

   3.   Interpretation

PART II
DISSOLUTION OF BOARD

   4.   Winding up and dissolution of Board

   5.   Vesting of assets and liabilities of Board in Company

   6.   Registration of property to be transferred by Board

   7.   Terms of service of employees of Board upon transfer

   8.   Legal proceedings

   9.   Interpretation

PART III
RAILWAY PERMITS

   10.   Rail services to be provided in accordance with railway permit

   11.   Application for railway permit

   12.   Issuance of railway permits

PART IV
ENTERING UPON OR ACQUIRING LAND

   13.   Power to enter upon land for railway purposes

   14.   Power to enter upon land to prevent accidents, etc

   15.   Power to enter upon land to alter position of pipes, etc

   16.   Power to take water

   17.   Compulsory acquisition of land for railway purposes

   18.   Procedure for claiming compensation

   19.   High Court may determine certain matters

PART V
ROAD AND RAIL CROSSINGS AND ACCOMMODATION WORKS

   20.   Restriction on road construction across railway

   21.   Construction of railway across public road

   22.   Level crossings, protective works, bridges and subways

   23.   Accommodation works

   24.   Additional accommodation works

   25.   Inquiry by Minister

   26.   Appeal to High Court

   27.   Interpretation

PART VI
INSPECTORS OF RAILWAYS

   28.   Appointment and duties of Inspectors of Railways

   29.   Powers of Inspectors of Railways

   30.   Duties of railway company in respect of functions of Inspectors of Railways

PART VII
OPENING NEW RAILWAY AND PUTTING INTO SERVICE NEW TYPE OF ROLLING STOCK

   31.   Restriction on opening new railway or using new type of rolling stock

   32.   Notice of proposed opening of railway or use of new type of rolling stock

   33.   Condition precedent to opening railway or putting into service new type of rolling stock

   34.   Procedure for approval

   35.   Alteration of railway

   36.   Accidents, temporary suspension of traffic, temporary diversion, etc

   37.   Power to close railway or to discontinue use of rolling stock

   38.   Re-opening of closed railway, etc

   39.   Delegation of Minister’s powers

PART VIII
ACCIDENTS

   40.   Duty to report accidents

   41.   Inquiries into accidents

   42.   Submission of returns of accidents

PART IX
RAILWAY OPERATIONS

   43.   Powers of railway company to determine conditions for carriage of passengers and luggage

   44.   General right of persons to be carried as passengers

   45.   General conditions on which tickets, etc., are to be issued

   46.   Fares, etc., payable by person travelling without valid ticket, etc

   47.   Conditions of carriage of luggage

   48.   Railway company may determine conditions for carriage of goods, etc

   49.   General right to have goods carried

   50.   Description, etc., of goods to be delivered

   51.   Goods may be sold to pay fares, rates, etc

   52.   Unclaimed goods in possession of railway company

   53.   Indemnity where goods claimed by two persons, etc

   54.   Dangerous or offensive goods, etc

   55.   Power to fix rates, fares and other charges

   56.   Alteration of rates, fares and other charges

   57.   Preparation of Tariff Book, etc

   58.   Determination of maximum load, etc

PART X
RESPONSIBILITY OF RAILWAY COMPANY AS CARRIER AND WAREHOUSEMAN

   59.   Liability for loss of life, etc., of passengers

   60.   No liability for delay to passengers

   61.   Liability for loss, etc., of goods in transit

   62.   Liability for delay, etc., of goods

   63.   Limitation of liability for animals

   64.   Limitation of liability for loss, etc., of specified articles

   65.   Limitation of liability for loss, etc., where false account given

   66.   Limitation of liability by contract

   67.   Liability for loss, etc., of goods

   68.   Limitation of liability for loss, etc., of goods deposited in cloakroom

   69.   Liability for damage caused by fire

   70.   Burden of proof

   71.   Notice of claim

   72.   Overcharge and undercharge

PART XI
OFFENCES AND PENALTIES

   73.   Endangering safety

   74.   Other serious offences

   75.   Minor offences

   76.   Travelling without valid ticket, etc

   77.   Offences by passengers

   78.   Offences relating to tickets

   79.   Forgeries, etc., of tickets

   80.   False returns

   81.   Unlawfully transporting dangerous goods

   82.   Power of arrest, removal and place of trial

   83.   Offences which are offences under other laws

   84.   Recovery of fees and damages

   85.   Brief particulars of offences and penalties to be exhibited

PART XII
OFFENCES BY EMPLOYEES OF RAILWAY COMPANY AND PENALTIES

   86.   Employee of railway company demanding improper amount

   87.   Property of railway company in custody of its employee, etc

   88.   Dismissal of convicted employees

   89.   Causing dangerous situation by neglect of duty

   90.   Drunkenness on duty

   91.   Breath test

   92.   Laboratory test

   93.   Interpretation

PART XIII
GENERAL PROVISIONS

   94.   Use of railway under construction

   95.   Limitation

   96.   Medical examination of person claiming compensation

   97.   Arrest of employee of railway company

   98.   Restriction on execution against property of railway company

   99.   Maintenance of order on premises, trains, vehicles, etc., of railway company

   100.   Conditions of service and regulation of conduct of employees

   101.   Rules by railway company

   102.   Approval of Minister

   103.   Regulations by Minister

   104.   Rules by Chief Justice

   105.   Repeal and savings

      SCHEDULE

AN ACT

to provide for the vesting of the undertaking and assets of the Zambia Railways Board in Zambia Railways Limited; the winding up and dissolution of the Zambia Railways Board; the provision of rail services within, into and out of Zambia; the repeal of the Zambia Railways Act; and matters connected with or incidental to the foregoing.

[1st April, 1984]

Act 17 of 1982,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Railways Act.

2.   Application

The provisions of this Act shall not apply to the Tanzania-Zambia Railway Authority established by section four of the Tanzania-Zambia Railway Act.

3.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“agent” when used in relation to a railway company means a person employed or authorised by a railway company to act on its behalf;

“animals” means animate objects of any kind except human beings;

“authorised employee” means an employee authorised by a railway company to exercise the powers or perform the duties in relation to which the expression is used;

“booking office” means a place at which tickets may be obtained or charges paid to a railway company;

“charges” means all sums received or receivable, charged or chargeable, for, or in respect of, the carriage or warehousing of goods or for, or in respect of, any other services or facilities provided by a railway company;

“consignee” means the person, firm or body to whom goods accepted for carriage by a railway company are addressed;

“consignment” means one or more packages of goods or a quantity of loose goods tendered by a consignor and accepted by a railway company for carriage to a consignee on one consignment note;

“consignor” means the person, firm or body tendering goods which are accepted for carriage by a railway company;

“customs law” means any law relating to the collection of customs or excise duties;

“fare” includes all sums received or receivable, charged or chargeable, for the carriage of a passenger by a railway company;

“firebreak” means a strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent the spread of fire, and which, unless otherwise agreed upon in writing by the parties concerned, is not less than ten metres in width (measured from the boundary of the land upon which a railway is constructed);

“free pass” means any written authority for the carriage of any person as a passenger issued by a railway company without payment of any fare;

“goods” includes luggage, animals (whether alive or dead) and all other movable property of any description;

“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, if any, 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;

“passenger” means any person lawfully travelling on any train or vehicle provided by, or under the control of, a railway company;

“perishable goods” means goods liable to rapid deterioration and, in particular, means fish, fruit, vegetables, potatoes, plants, bread, meat, butter, eggs, milk, cheese, birds, poultry, game, small animals, and any other thing which a railway company may, by notice in the Gazette, declare to be perishable goods;

“purposes of a railway company” means any purposes necessary or desirable for the performance of the services, or the provision of any facilities, which a railway company is authorised to perform or provide under this Act or under a railway permit;

“railway” includes any portion of the lines of railway and all other movable or immovable things attached thereto or used in connection therewith;

“railway company” means the holder of a railway permit;

“railway permit” means a permit issued in terms of section 12;

“railway station” includes a road service station operated by a railway company;

“rates” includes all sums which may, under the provisions of this Act, be levied for, or in respect of, the carriage or warehousing of goods or for, or in respect of, any other service performed or facility provided by a railway company;

“road” includes any street, thoroughfare, path or lane;

“rolling stock” includes locomotive engines, tenders, coaches, wagons, trucks and trolleys of all kinds;

“season ticket” means a ticket entitling the person to whom it is issued to be carried by a railway company as a passenger between the places and on the number of occasions or during the period specified thereon;

“Tariff Book” means the Tariff Book required to be published by a railway company under section 57;

“ticket” includes a single ticket, a return ticket, a season ticket, and any other written authority (except a free pass) for the carriage of a person as a passenger by a railway company;

“train” means a locomotive with a vehicle attached, a light engine or a motor trolley;

“vehicle” means any coach, truck, van or other conveyance used for transport by railway;

“warehouse” includes any building, place or vehicle when used by a railway company for the purpose of warehousing or depositing goods;

“watercourse” means any river, stream, drain, gully, canal or other channel, whether artificial or not, in which water flows, whether constantly or intermittently;

“waterworks” includes boreholes, wells, reservoirs, dams, weirs, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliances used or constructed for obtaining, storing, purifying, conveying, distributing, measuring or regulating water.

   (2) For the purpose of this Act, goods shall be deemed to be in transit from the time the goods are accepted by a railway company for carriage until the expiry of twenty-four hours after the goods have arrived at the place to which, in respect of their carriage by the railway company, the goods have been consigned; and thereafter the goods shall, so long as they remain in the custody of the railway company, be deemed to be in such custody otherwise than for the purpose of carriage:

Provided that—

      (i)   where the 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 when they are so delivered;

      (ii)   where the goods are perishable goods and such railway company, in exercise of its powers under this Act, disposes of the goods within such period of twenty-four hours, the goods shall cease to be in transit as from the time when they are so disposed of;

      (iii)   where the goods are, in respect of their carriage by the railway company, consigned to a place at which the railway company does not maintain any staff for the receipt thereof, the goods shall cease to be in transit as from the time when they arrive at such place;

      (iv)   where the goods are consigned for delivery to a place other than a railway station by means of a delivery service operated by the railway company and the goods cannot, due to causes beyond the control of the railway company, be delivered at such place within twenty-four hours after the time of their arrival at the railway station from which the delivery service is operated, the goods shall cease to be in transit after the time when the goods are tendered for delivery at such place or after the expiry of twenty-four hours after the time of their arrival at the railway station from which the delivery service is operated, whichever is the earlier.

   (3) In this Act, and in any document issued under this Act, unless the context otherwise requires—

      (a)   “accepted by a railway company” means accepted by an employee or agent of the railway company for carriage or warehousing by the railway company in accordance with the provisions of this Act; Provided that acceptance shall not be deemed to have been effected until a receipt signed by an authorised employee or agent, has been issued in respect of the goods accepted:

Provided that acceptance shall not be deemed to have been effected until a receipt signed by an authorised employee or agent has been issued in respect of the goods accepted.

      (b)   “carried by a railway company” means carried by a railway company in accordance with the provisions of this Act;

      (c)   “operated by a railway company” means operated by a railway company in accordance with the provisions of this Act;

      (d)   “possession of a railway company” means the possession by any employee of a railway company in the course of his duty;

      (e)   “premises occupied by a railway company” means premises vested in or placed at the disposal of a railway company for the purposes of the railway company;

      (f)   “property of a railway company” means property vested in or placed at the disposal of a railway company for the purposes of the railway company;

      (g)   “services or facilities provided by a railway company” means services performed or facilities provided by a railway company in accordance with the provisions of this Act or a railway permit;

      (h)   “vehicle of a railway company” includes a vehicle operated on behalf of a railway company.

PART II
DISSOLUTION OF BOARD

4.   Winding up and dissolution of Board

   (1) From the commencement of this Act the Board shall exist only for the purpose of winding up its affairs, and for no other purpose.

   (2) Notwithstanding anything to the contrary contained in the Zambia Railways Act, or in any other written law, the Board shall have, for the purpose of winding up its affairs, power to do anything which is necessary or expedient for that purpose or which is incidental thereto, including, in particular, but without prejudice to the generality of that power, power to enter into and carry out agreements and arrangements for the transfer of its property, rights, liabilities and obligations to any person or the Government.

   (3) When the Minister is satisfied that all necessary agreements and arrangements have been made for the winding-up of the affairs of the Board so that it may be dissolved, he shall, by statutory instrument, order that the Board shall be dissolved on such date as may be appointed in the statutory instrument. Board dissolved on 1st April 1986 by SI 23 of 1986.

5.   Vesting of assets and liabilities of Board in Company

   (1) On the date appointed under sub-section (3) of section 4 there shall be transferred to and vest in the Company by virtue of this Act and without further assurance—

      (a)   the undertaking of the Board; and

      (b)   subject to the provisions of this Act, all property, rights, liabilities and obligations which immediately before the date appointed under sub-section (3) of section 4 were the property, rights, liabilities and obligations of the Board.

   (2) Subject to the agreement of the Company and as hereinafter provided, every deed, bond or agreement (other than an agreement for personal service) to which the Board was a party immediately before the commencement of this Act, whether in writing or not, and whether or not of such a nature that rights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make it impossible that it should have effect as modified in the manner provided by this sub-section, have effect as from the date of the assignment thereof, as if—

      (a)   the Company had been a party thereto;

      (b)   for any reference to the Board there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to the Company;

      (c)   for any reference to any other officer of the Board not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such officer of the Company as the Company shall designate.

   (3) Subject to the provisions of sub-section (2), documents other than those referred to in that sub-section, which refer specifically or generally to the Board shall be construed in accordance with the said sub-section as far as applicable.

6.   Registration of property to be transferred by Board

Whenever in pursuance of this Act, any property, rights, liabilities or obligations of the Board are deemed transferred, in respect of the transfer of which any written law provides for registration, the Board shall make an application in writing to the appropriate registration authority for the registration of such transfer, and such authority shall make such entries in the appropriate register as shall give effect to such transfer and, where appropriate issue to the transferee concerned a certificate of title in respect of the said property or make necessary amendments to the register, as the case may be, and, if presented therefor, make endorsement on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.

7.   Terms of service of employees of Board upon transfer

   (1) Where any person who was in the service of the Board immediately before the commencement of this Act, voluntarily transfers from that service to the service of the Company, his terms and conditions of service with the Company shall be no less favourable than those he enjoyed while in the service of the Board, and his previous service with the Board shall be treated as service under the Company for the purposes of determining his rights to, or eligibility for, pension, gratuity, leave or other benefits.

   (2) A person to whom sub-section (1) applies shall be deemed to have voluntarily transferred from the service of the Board to the service of the Company unless within three months from the commencement of this Act he gives notice in writing to the Board, with a copy thereof to the Company, stating his intention not to transfer from the service of the Board to the service of the Company.

8.   Legal proceedings

   (1) Without prejudice to the other provisions of this Act, where any right, liability or obligation vests in the Company by virtue of this Act, the Company and all other persons affected thereby shall, as from the commencement of this Act, have the same rights, powers and remedies (and in particular the same rights as to the instituting or defending of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Company.

   (2) Any legal proceedings or application to any authority pending immediately before the commencement of this Act by or against the Board may be continued by or against the Company.

   (3) After the commencement of this Act proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Board may be instituted by or against the Company.

9.   Interpretation

In this Part, unless the context otherwise requires—

“Board” means the Zambia Railways Board established by section 3 of the Zambia Railways Act;

“Company” means Zambia Railways Limited, a company registered in that name under the Companies Act.

PART III
RAILWAY PERMITS

10.   Rail services to be provided in accordance with railway permit

No person shall provide any rail service within, into or out of Zambia otherwise in accordance with the terms and conditions of a railway permit issued by the Minister.

11.   Application for railway permit

An application for a railway permit to provide any rail service or to construct any railway shall be lodged in such manner as the Minister may, by statutory instrument, prescribe; and shall be accompanied by such details as the Minister may direct.

12.   Issuance of railway permits

   (1) The Minister may, in his discretion—

      (a)   issue railway permits on such terms and conditions as to him appear appropriate in any particular case;

      (b)   vary from time to time the terms and conditions of any railway permit;

      (c)   suspend any railway permit for a particular period or indefinitely;

      (d)   cancel any railway permit.

   (2) The Minister may from time to time review any decision made under sub-section (1).

PART IV
ENTERING UPON OR ACQUIRING LAND

13.   Power to enter upon land for railway purposes

   (1) Subject to the provisions of this section a railway company, through its agents or employees duly authorised in writing by it in that behalf, shall have power for the purposes of such railway company to enter upon—

      (a)   any land and survey such land or any portion thereof;

      (b)   any land contiguous to any premises occupied by such railway company 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 from 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 such railway company of telegraphic or telephonic means of communication:

Provided that every such cable or cord which crosses any road 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 by users thereof.

   (2) Before exercising or authorising the exercise of any of the powers conferred by this section in respect of any land, the railway company shall give reasonable notice of its intention so to do to all persons interested in such land.

   (3) Where a railway company lawfully exercises any of the powers conferred by this section, such railway company shall be liable to the owner of such land or to any person interested therein to pay compensation only for the materials and timber taken therefrom, or the actual loss or damage caused to any improvements thereon.

14.   Power to enter upon land to prevent accidents, etc

   (1) Any authorised employee or agent of a railway company may, for the purpose of preventing the occurrence of any accident, preserving the safe operation of any transport service provided by such railway company or repairing any damage caused by any accident, enter upon any land and—

      (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 danger to any such transport service; and

      (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 sub-section (1), the owner or occupier of the land shall be entitled to adequate compensation therefor from such railway company:

Provided that no such compensation shall be payable if the tree or other obstruction cut down or removed came into existence subsequent to the provision of the transport service.

   (3) Where any person erects any building which obscures the view of a fixed signal or is likely to cause any obstruction or any danger to any rail or transport service provided by a railway company, such railway company may, unless such person has previously obtained its approval to the erection of such building or has modified it to its satisfaction, apply to the High Court for an order for the demolition or modification of such building or, as the case may require, for the payment to such railway company of the cost incurred in resiting or replacing any signalling equipment or otherwise necessary to prevent such obstruction or danger and the court, in its discretion, may make such order, including matters relating to the payment of compensation and costs, as it deems fit.

15.   Power to enter upon land to alter position of pipes, etc

   (1) Any authorised employee or agent of a railway company may, for the purposes of such railway company, enter upon any land and alter the position of any pipe for the supply of gas, oil, water or compressed air, or of any electric, telephone or telegraphic wire or of any drain.

   (2) Before a railway company exercises any power under sub-section (1), it shall give reasonable notice of its intention to do so 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 such railway company to execute such work to the satisfaction of such representative; and

      (b)   such railway company 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 such railway company.

16.   Power to take water

A railway company may, for the purposes of such railway company, take any water from any natural watercourse, subject to the provisions of any written law regulating the use of water.

17.   Compulsory acquisition of land for railway purposes

Whenever the Minister is satisfied that—

      (a)   it is necessary for a railway company to acquire a particular piece of land for the construction of any railway authorised by a railway permit; and

      (b)   such railway company has taken all reasonable steps to acquire such land by agreement; and

      (c)   there is no reasonable prospect of such land being acquired by agreement;

he may recommend to the President that such land should be acquired under the provisions of the Land Acquisition Act.

18.   Procedure for claiming compensation

   (1) Any person entitled to compensation under this Part shall, within such time, and in such form, as may be prescribed, deliver to the railway company liable to pay compensation a notice stating the amount of compensation claimed and providing such other details as may be prescribed.

   (2) Within twenty-eight days of receiving the notice referred to in sub-section (1), the railway company shall—

      (a)   make to the claimant an unconditional offer in writing in such amount as compensation as may appear adequate to such railway company; or

      (b)   where it appears to the railway company that the claimant is not entitled to compensation for any reason, inform the claimant in writing of such reason.

   (3) Where an offer made in terms of sub-section (2) is accepted in writing by the claimant, the amount so offered and accepted shall be deemed adequate compensation for all purposes and shall be recoverable as a civil debt.

19.   High Court may determine certain matters

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