CHAPTER 463
RHODESIA RAILWAYS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE RHODESIA RAILWAYS

   3.   Headquarters of the railways

   4.   General duties of the railways

   5.   Powers of the railways

PART III
ACQUISITION OF COMPANY’S PROPERTY

   6.   Acquisition of company’s property

PART IV
THE HIGHER AUTHORITY

   7.   Procedure of the authority

   8.   Functions of the authority

PART V
THE BOARD

   9.   Tenure of office and other conditions of service of members of Board

   10.   Qualifications for membership of Board

   11.   Disqualifications for membership of Board

   12.   Chief Office of Board

   13.   Procedure of Board

   14.   Functions and powers of Board

   15.   Obsolete

PART VI
FINANCE

   16.   Loan indebtedness

   17.   Loan indebtedness to Government of Zambia

   18.   Reserve accounts

   19.   Borrowing powers

   20.   Temporary borrowing powers

   21.   Investments

   22.   Estimates

   23.   Estimates for development

   24.   Allocation of revenue receipts

   25.   Meeting of deficiencies

   26.   Allocation of surplus

   27.   Variations of rates in event of surplus or deficit

   28.   Exemption from tax

   29.   Accounts and audit

   30.   Reports

PART VII
RATES

   31.   Railways to fix rates and conditions of carriage

   32.   Undue preference

   33.   Appeals against undue preference

   34.   Provisions as to rates tribunals

   35.   Consideration and recommendation of rates tribunal

   36.   Saving of existing contracts

PART VIII
CONDITIONS OF EMPLOYMENT

   37.   Power of railways in regard to staff

   38.   Machinery for negotiation between railways and employees

   39.   Pensions

PART IX
RAILWAY CONSTRUCTION

   40.   New construction

   41.   Level crossings

   42.   Road and rail crossings

PART X
MISCELLANEOUS

   43.   By-laws

   44.   Indemnity for Railway Commission and company

   45.   Savings

      SCHEDULE

AN ACT

to empower the Rhodesia Railways to provide for the operation and maintenance of rail transport within Zambia; to provide for the acquisition by and transfer to them of the undertakings, property, obligations and liabilities within Zambia of the Rhodesia Railways Limited; to exempt their receipts and accruals from income tax; to provide for the regulation and control of their charges; to provide for the recognition of trade unions of their employees and for the prevention and settlement of disputes between them and their employees and for the regulation by agreement and arbitration of conditions of employment and other matters of mutual interest to them and their employees; and for other purposes connected with the matters aforesaid.

[1st October, 1949]

Act 25 of 1949,

Act 54 of 1951,

Act 8 of 1953,

Act 18 of 1955,

Act 12 of 1960,

Act 39 of 1963,

GN 297 of 1961,

GN 427 of 1963,

GN 318 of 1964,

GN 497 of 1964,

SI 154 of 1965,

SI 167 of 1985.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Rhodesia Railways Act.1

2.   Interpretation

In this Act, unless the context otherwise requires—

“appointed day” means the 1st November, 1949;

“authority” means the Higher Authority for Railways constituted by the Order in Council;

“Board” means the Board of management of the Railways appointed in terms of the Order in Council;

“company” means the Rhodesia Railways Limited aforesaid;

“goods” includes animals and vehicles and all things capable of being carried on a railway;

“Governments” means the Governments of Zambia and Southern Rhodesia;

“Order in Council” means the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963;

“Railways” means the Rhodesia Railways referred to in the Order in Council;

“territories” means collectively the Colony of Southern Rhodesia, the Republic of Zambia and the Republic of Botswana.

[S 2 am by Act 18 of 1955; GN 427 of 1963; SI 154 of 1965.]

PART II
THE RHODESIA RAILWAYS

3.   Headquarters of the railways

The headquarters of the railways shall be at Bulawayo or at such other place as the authority may from time to time appoint.

[S 3 am by GN 427 of 1963.]

4.   General duties of the railways

It shall be the general duty of the railways so to exercise their powers under this Act as to provide, or to secure and promote the provision of, an efficient and adequate system of public transport of goods and passengers by rail within and for the territories with due regard to economy and safety of operation, and for that purpose it shall be the duty of the railways to take such steps as they consider necessary for extending and improving the existing and future rail transport facilities within and for the territories. The railways shall administer their undertakings on business principles and with due regard to the needs of the public and the development of agriculture, commerce, industry and mining within the territories by means of cheap and efficient transport. The railways shall at all times endeavour to produce a reasonable surplus on their net revenue account.

[S 4 am by GN 427 of 1963.]

5.   Powers of the railways

   (1) The railways shall have power, subject as hereinafter provided, to do anything which is calculated to facilitate the discharge of their duties under section 4 or which is incidental or conducive thereto, including in particular, but without prejudice to the generality of this provision, power to carry on business as public or common carriers and to carry goods and passengers by rail, road, air and inland waterways within the territories and within any country adjacent to any of the territories and to carry on all such ancillary business as can suitably be carried on in conjunction with the business of transport.

   (2) Subject to the provisions of this Act, the powers conferred by sub-section (1) include power—

      (a)   to acquire the whole undertaking of the company and all and several the property of the company whatsoever and wheresoever situate, whether movable or immovable, real or personal, and to undertake to pay, satisfy and discharge all the debts, liabilities and obligations of the company, and to adopt, perform and fulfill all contracts and engagements now binding on the company;

      (b)   to construct or acquire any railways or tramways which may seem capable of being worked or used in connection with any of their lines for the time being, or calculated directly or indirectly to benefit them and to acquire rights over or in connection with any such railways or tramways or any branch or subsidiary lines;

      (c)   to carry on and expand the road transport business of the company by themselves and to engage in any service of road transport business either by themselves or in co-operation with any person or company by way of partnership, shareholding or the like;

      (d)   to operate air transport services and for that purpose to acquire aircraft, parts of aircraft and aircraft equipment and accessories;

      (e)   to operate transport services by inland waterways;

      (f)   to consign goods on behalf of other persons from any place in the territories to any other place, whether in the territories or elsewhere;

      (g)   to store goods within the territories and within any country adjacent to any of the territories, whether or not those goods have been or are to be carried by the railways so however that facilities for the storage of goods shall not be provided by the railways except at places where such facilities are required for the storage of goods carried or to be carried by them;

      (h)   to effect the insurance of persons and goods carried on the railways or other undertakings either solely or in co-operation with other insurers;

      (i)   in places within the territories and within any country adjacent to any of the territories where their passengers or their employees may require them, to provide for their passengers, for their employees and for other persons hotels, hostels, other living accommodation and places for refreshment and recreation;

      (j)   to provide in the territories such other amenities and facilities for passengers and other persons making use of the services provided by them and for their employees as it may appear to them requisite or expedient to provide;

      (k)   to purchase, take on lease or in exchange, hire or otherwise acquire any property, movable or immovable, real or personal in fulfilment of their duties or in connection with any property for the time being and in particular any land, buildings, easements, servitudes, water rights, mining rights, licences, patents, machinery, ships, barges, rolling stock, vehicles, aircraft, plant, and stock-in-trade and to sell or otherwise dispose of any such property as becomes no longer required for their undertakings;

      (l)   to acquire land with forests thereon, to plant and grow trees on any land, to cut and produce timber for their own purposes and requirements and to manufacture, turn to account, market and realise any timber not required for their own purposes;

      (m)   to sell land, lay out land for building purposes, to let land, build on or otherwise improve land, advance moneys to their servants to enable them to build or acquire houses whether erected on land belonging to the railways or other land, and generally to use or otherwise develop land in suc h manner as may seem expedient to advance the interests of the railways;

      (n)   to lend money to or give guarantees for the benefit of such persons as may be carrying on similar activities as are specified in this section and on such terms as may seem expedient;

      (o)   to enter into partnership or into any arrangement for sharing profits, union of interests, joint adventure, reciprocal concession or co-operation with any person or company carrying on or engaged in or about to carry on or engage in any business or transaction which the railways are authorised to carry on or engage in, or any business or transaction capable of being conducted so as directly or indirectly to benefit the railways, and to take or otherwise acquire and hold shares or stocks in or securities of, and to subsidise or otherwise assist any such company, and to sell, hold, reissue, with or without guarantee, or otherwise deal with such shares or securities;

      (p)   to 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 railways, and to use, grant licences for the use of, or otherwise turn to account any rights so acquired;

      (q)   to subscribe or guarantee money for charitable or benevolent objects, or for any exhibition or for any public, general or useful object;

      (r)   to acquire by agreement (whether absolutely or for any period) the whole or any part of any undertaking of any other person, being an undertaking, or a part of an undertaking, the activities whereof are wholly or mainly such activities as are specified in sub-section (1);

      (s)   to construct, manufacture, purchase, maintain and repair anything required for the purpose of any of the activities of the railways specified in sub-section (1);

      (t)   to do anything for the purpose of advancing the skill, knowledge and usefulness of the employees of the railways or the efficiency of the equipment of the railways or of the manner in which that equipment is operated, including the provision by the railways, and the assistance of the provision by others, of facilities for training, education and research and to establish, maintain and support or otherwise assist associations, institutions or conveniences for employees of the railways or those having dealings with the railways;

      (u)   to enter into and carry out agreements with any person carrying on business as a carrier of passengers or goods inside or outside the territories providing for the carriage of passengers or goods by or on behalf of the railways and that other person under one contract or at a through charge or in the same vehicles or containers, whether belonging to the railways or not;

      (v)   to enter into and carry out agreements with any person owning any railway, or carrying on business as a carrier of passengers or goods, in any of the territories;

      (w)   to appoint a liquidator for the purposes of the dissolution of the railways and to give to such liquidator such powers as may be necessary for the performance of his functions;

      (x)   to transfer to the Governments such assets and liabilities as may be determined by the liquidator.

   (3) The railways may dispose whether absolutely or for a term of years of any part of their undertaking or any property which in their opinion is not required by them for the discharge of their duties under this Act, including, without prejudice to the generality of the preceeding words, any part of their undertakings which is carried on outside the territories and any property which is situated outside the territories, and whether the same has been transferred to the railways or whether it remains still vested in the name of the company.

   (4) For the avoidance of doubt, it is hereby declared that the preceding provisions of this section relate only to the capacity of the railways as a statutory corporation, and nothing in the said provisions shall be construed as authorising the disregard by the railways of any law which is in operation in any of the territories or in any country adjacent to any of the territories.

   (5) The provision of this section shall not be construed as limiting any power of the railways conferred by any subsequent provision of this Act.

[S 5 am by GN 427 of 1963; SI 167 of 1985.]

PART III
ACQUISITION OF COMPANY’S PROPERTY

6.   Acquisition of company’s property

   (1) On the appointed day all the property of the company in the Protectorate of Northern Rhodesia shall vest in the railways, and all public registries in the former Protectorate of Northern Rhodesia and in Zambia relating to land, mining rights, water rights and the like shall give effect to this provision and shall not require any act of transfer or conveyance.

   (2) Every agreement to which the company was a party, however expressed and whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the company, shall have effect as from the appointed day as if—

      (a)   the railways had been a party to the agreement;

      (b)   for any reference express or implied to the company there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the railways;

      (c)   any reference, express or implied, to the directors or any director of the company were, as respects anything falling to be done on or after the appointed day, a reference to the Board or the Chairman of the Board, as the case may be;

      (d)   any reference, express or implied, to any officer or any servant of the company were, as respects anything falling to be done on or after the appointed day, a reference to such person as the railways may designate, or, in default of such designation, to the officer or servant of the railways who corresponds as nearly as may be to the first mentioned officer or servant;

      (e)   in the case of an agreement for the rendering of personal services to the company, the services to which the agreement relates were, on and after the appointed day, any reasonably comparable service under the railways to be selected by the railways;

      (f)   save as provided by the last three preceding paragraphs, any reference, express or implied, to the undertakings of the company were, as respects the period beginning with the appointed day, a reference to the undertakings of the railways.

   (3) Subject to the provisions of this Act, the railways shall succeed to all the rights conferred and be subject to all the obligations imposed upon the company by any written law and every such law shall, mutatis mutandis, apply to the railways. The provisions of paragraphs (b), (c), (d) and (f) of sub-section (2) shall apply in relation to any such law.

   (4) Without prejudice to the generality of the provisions of this section, where, by the operation of any of the said provisions, any right or liability becomes a right or liability of the railways, the railways and all other persons shall, as from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right or liability as the railways would have had if it had at all times been a right or liability of the railways, and any legal proceedings or applications to any authority pending on the appointed day by or against the company in so far as they relate to any property, right or liability transferred to the railways under this section, or to any agreement, statutory provision or document which has effect in accordance with this section, shall be continued by or against the railways to the exclusion of the company.

   (5) No transfer duty, stamp duty, fee of office, or other duty, tax or charge payable under any law shall be payable in respect of the transfer of any property or right effected by or in pursuance of the provisions of this section.

   (6) Nothing in this section contained shall be so construed as to compel the railways to take transfer into their own name of any property situated outside the territories of which they may decide to dispose in the exercise of the powers conferred upon the railways by sub-section (3) of section 5.

[S 6 am by GN 427 of 1963; SI 154 of 1965.]

PART IV
THE HIGHER AUTHORITY

7.   Procedure of the Authority

   (1) Subject to the provisions of this Act, the authority shall determine its own procedure.

   (2) No decision of the authority shall have effect unless it is unanimous.

[S 7 am by GN 427 of 1963.]

8.   Functions of the authority

Subject to the provisions of this Act, it shall be the function of the authority—

      (a)   to determine the policy of the railways;

      (b)   to give the Board general directions on matters of policy and particular directions on all matters in which, as hereinafter provided in this Act, the Board may not act without the prior consent and approval of the authority; and

      (c)   to assist the Governments in the orderly dissolution of the railways and to give the Board such directives as are necessary or expedient for giving effect or enabling effect to be given to the dissolution.

[S 8 am by GN 427 of 1963; SI 167 of 1985.]

PART V
THE BOARD

9.   Tenure of office and other conditions of service of members of Board

   (1) Subject to the provisions of this Act—

      (a)   the Chairman of the Board shall hold office for such term as the authority shall determine at the time of his appointment;

      (b)   the other members of the Board shall hold office for a period of three years from the date of their appointment or such shorter period as may be specified in their instrument of appointment:

Provided that the Chairman and any other member of the Board may resign his office by notice in writing under his hand given to the authority.

   (2) A member on vacating his office at the expiration of the term thereof shall be eligible for reappointment.

   (3) The Governments shall designate as a Deputy Chairman one of the members of the Board appointed in terms of the order in council.

   (4) Every member of the Board shall receive from the funds of the railways such remuneration as the authority may at the time of his appointment determine, and such fees and allowances as the Authority may from time to time prescribe:

Provided that if a member of the Board is also a member of the public service, he shall receive from the funds of the railways no remuneration, fees or allowances.

[S 9 am by GN 427 of 1963; SI 154 of 1965.]

10.   Qualifications for membership of Board

   (1) Each member of the Board shall be chosen on account of his wide experience and proved capacity in general administration or in agriculture, commerce, industry, mining, transport or financial affairs or in the administration or the organisation of workers.

   (2) A person shall be disqualified from being appointed or being a member of the Board so long as he is a member of the Legislative Assembly of Southern Rhodesia or a member of the National Assembly of Zambia.

[S 10 am by GN 427 of 1963; 318 of 1964.]

11.   Disqualifications for membership of Board

   (1) If the authority is satisfied that a member of the Board—

      (a)   is disqualified for membership of the Board; or

      (b)   has become insolvent or has made a composition or arrangement with his creditors; or

      (c)   has absented himself from meetings of the Board for a continuous period of six months, except with the prior consent of or some reason approved by the Chairman; or

      (d)   is incapacitated by physical or mental illness; or

      (e)   is guilty of misbehaviour; or

      (f)   is otherwise unable or unfit to discharge the duties of a member;

the Authority may declare his office as a member of the Board to be vacant and shall notify the fact in such manner as they may think fit, and thereupon the office of that member shall become vacant.

   (2) The Board may continue to act notwithstanding any vacancy in their number.

[S 11 am by GN 427 of 1963.]

12.   Chief office of Board

The chief office of the Board shall be situated at the headquarters of the railways.

[S 12 am by GN 427 of 1963.]

13.   Procedure of Board

   (1) The quorum of the Board shall be five.

   (2) At all meetings of the Board the Chairman, or in his absence a Deputy Chairman, shall preside.

   (3) All questions coming or arising before a meeting of the Board shall be decided by a majority of the members present and voting thereon at that meeting of the Board and, in the case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

   (4) The person appointed by the Board in terms of sub-section (1) of section 37 to perform the functions of the office of general manager shall attend all meetings of the Board and shall be entitled to speak but not to vote on any matter under discussion:

Provided that the Chairman of the Board may require him to withdraw from any meeting if the Chairman considers that he should not be present during the discussion of any matter.

   (5) If a member of the Board is or becomes the holder of, or tenders for, any contract for the supply of materials to, or the execution of work for the railways or is or becomes concerned in the management of any company holding or tendering for such a contract as aforesaid, or is interested directly or indirectly in any company or partnership making any application to the Board, he shall forthwith make full disclosure of the facts to the Board and shall not take part in the consideration or discussion of any question with respect to such contract or such application, or vote thereon.

   (6) Subject to the provisions of this section, the Board may make standing orders for the regulation of their proceedings and business and may vary, suspend or revoke any such order.

[S 13 am by GN 427 of 1963.]

14.   Functions and powers of Board

   (1) It shall be the function of the Board, subject to the provisions of this Act, to conduct and manage the business of the railways.

   (2) For the due performance of their function the Board shall, subject to the provisions of sub-section (3), be entitled to exercise all the powers conferred upon the railways by this Act and to delegate such functions as they deem fit.

   (3) The Board shall, in the exercise of the powers so conferred, give effect to any direction on matters of policy which may from time to time be given to them by the authority; in particular the Board shall in the following matters not exercise the powers of the railways without the prior consent and approval of the authority:

      (a)   any important question of railway policy, including any question of an international character requiring an agreement with a government of a country outside the territories;

      (b)   any radical alteration of the rates and fares structure;

      (c)   the raising of new capital;

      (d)   any construction of a new railway;

      (e)   the appointment of a liquidator for the purposes of dissolution of the railways; and

      (f)   the transfer of assets and liabilities of the railways pursuant to dissolution.

[S 14 am by SI 167 of 1985.]

15.   Obsolete

PART VI
FINANCE

16.   Loan indebtedness

   (1) The cost incurred by the Government of Southern Rhodesia in acquiring the shareholding of the company, amounting to three million two hundred and eighty-three thousand six hundred and eighty-nine pounds, together with the cost incurred by the said Government in discharging the debenture indebtedness of the company, in providing further capital prior to the transfer of the undertakings of the company to the railways and in raising the loan necessary for the aforementioned purposes, amounting to twenty-six million seven hundred and sixteen thousand three hundred and eleven pounds, shall be deemed to be a debt of an amount equal to the loan indebtedness due by the railways to the Government of Southern Rhodesia.

   (2) The railways shall pay to the Government of Southern Rhodesia on the loan indebtedness interest reckoned as from the 1st October, 1947. The rate of interest payable shall be the same rate of interest as is from time to time payable by the said Government in its borrowing of thirty-two million pounds under the For reference see the Specific Loan Act, 1947.')">2Specific Loan Act, 1947, of Southern Rhodesia or as shall be determined by the said Government at the time of the repayment of that borrowing.

   (3) The railways shall further pay half-yearly to the Government of Southern Rhodesia the management expenses, composition of stamp duties and other duties and expenses paid by the said Government in respect of the portion of any loan relating to the loan indebtedness.

   (4) The railways shall pay to the Government of Southern Rhodesia in the twelve months ending the 30th September, 1964, the sum of nine hundred thousand pounds and thereafter in each similar period of twelve months the sum of six hundred thousand pounds as contributions to the sinking fund established in connection with the borrowing referred to in sub-section (2) or any sinking fund established in connection with any loan raised to repay that borrowing. In consideration of these payments and of the sinking fund payments made by the railways under this sub-section before the 15th November, 1963, the railways shall be entitled to the eventual credit or benefit of the portion of those sinking funds contributed as aforesaid and fifteen-sixteenths of the interest earned by the investment of those sinking funds. When the aggregate amount of the sinking fund payments made by the railways to the Government of Southern Rhodesia, together with the interest to be credited to the railways, in terms of this sub-section, reaches the amount of thirty million pounds, the debt of the railways shall be deemed to have been discharged and the said amount of thirty million pounds shall then be transferred to the capital account of the railways.

   (5) The amount of the loan indebtedness to the Government of Southern Rhodesia, together with all interest, sinking fund and other charges due and unpaid thereon shall, subject to the provisions of section 17, be a first charge on all the property and assets of the railways.

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