Railways (Deviations) Act, 1931
- Commenced on 24 April 1931
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Railways (Deviations) Act.
2. InterpretationIn this Act, unless the context otherwise requires—"deviation" shall be deemed to include any junctions, sidings, stations and approaches, and any other works incident to a deviation;"line of railway" means the course of the railway line one hundred yards in width between the terminal points as defined in or under the provisions of the law authorising the construction and completion of such railway;"railway company" means any railway company empowered by law enacted prior or subsequent to the commencement of this Act to construct, equip, complete, maintain and work a line of railway.
3. Authority to make deviations in the line of railway
4. Validation of deviation previously madeAny deviation constructed prior to the commencement of this Act shall be deemed to have been constructed under this Act, and all the provisions of this Act, and any act or thing declared to be necessary to be done or performed thereunder, shall be deemed to have been fully done and performed, and the said deviation is hereby validated and confirmed in every respect in regard to all acts and things done or omitted up to the commencement of this Act, and thereafter the said deviation shall be subject to the provisions of this Act.[No. 24 of 1931]
5. Provisions as to the payment of compensation
6. Dispute not to delay taking of landAs soon as the consent of the Minister has been given to any proposed deviation, it shall not be necessary for the railway company to await the settlement of any dispute as to compensation before taking the land included in such deviation.[As amended by G.N. No. 318 of 1964]
7. Arbitration and appointment of arbitratorArbitrations under this Act shall be conducted in accordance with and be governed by the provisions of the Arbitration Act:Provided that if the parties do not concur in the appointment of a sole arbitrator, the Minister shall appoint an official or other person as sole arbitrator.[Cap. 740][As amended by G.N. No. 318 of 1964]
8. Provision when the owner is a person under disabilityAs often as any person interested or concerned in any arbitration under this Act shall be a person who is absent from Zambia or cannot after diligent inquiry be found in Zambia and who has no known agent or representative therein or shall be an infant, lunatic or person of unsound mind, the following provisions shall apply:
9. Title to land takenAs soon as the consent of the Minister shall have been given to any proposed deviation, and subject to any conditions which such consent may contain, the ownership and possession of the land taken for such deviation shall vest in the railway company, and shall be held by them in all respects (save as to the payment of compensation therefor) as if such land had formed part of the original line prior to such deviation:Provided that the reversionary interest in such land shall vest in the President.[As amended by G.N. No. 318 of 1964 and S.I. No. 154 of 1965]
10. RegulationsThe Minister may, by statutory instrument, make regulations—
History of this document
31 December 1996 this version
24 April 1931