Tanzania-Zambia Railway Act, 1995
- Commenced on 28 April 1995
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Tanzania-Zambia Railway Act.
3. Goods in transitFor 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:Provided that—
Part II – Tanzania-Zambia Railway Authority
4. Establishment of Authority
5. General duty of Authority
6. Vesting of movable and immovable propertyAny 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.
7. Functions of Authority
8. New railway lines and branchesNo 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.
Part III – Council of Ministers
9. Establishment and composition of Council
10. Functions of Council
Part IV – Board of Directors
11. Establishment and composition of the BoardThere 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.
12. Functions of Board
Part V – Administration
14. Managing Director and Deputy Managing Director
15. Functions of Managing Director and delegation
16. Functions of Deputy Managing Director
17. Delegation of Managing Director's powersNotwithstanding 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.
18. Regional General Manager
Part VI – Financial provisions
19. Funds of Authority
20. Annual and supplementary budget
21. Financial yearThe financial year of the Authority shall be the period of twelve months ending on the 30th June in each year.
22. Accounts and auditors
23. Annual report
Part VII – Operations of the Authority
24. Conditions for carriage of passengers and luggageThe Authority may, subject to the provisions of this Act—
25. General right of persons to be carried as passengersSubject 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.
26. General conditions for issue of ticketsEvery 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.
27. Travelling without valid ticket, etc.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.
28. Fares payable by person travelling without valid ticket, etc.
29. Conditions for carriage of goods
30. General right to have goods carriedSubject 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:Provided that if, in the opinion of an authorised employee—
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.Where—
35. Dangerous or offensive goods, etc.
36. Tariff book, time-tables etc.
37. Maximum loadThe 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;(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.
Part VIII – Responsibility of Authority as carrier and warehouseman
38. Liability for loss of life, etc., of passengers
39. No liability for delay to passengersThe Authority shall not be liable for any loss arising from the delay to any passenger caused—
40. Liability for loss etc., of goods in transit
41. Liability for delay, etc. of goodsThe 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: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:
42. Limitation of liability for animalsThe 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.
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 railways and rolling stock
45. Inspector of railways
46. Functions of inspectors of railwaysThe functions of an inspector of railway shall be to—
47. Powers of inspectors of railways
48. Means of entry and information to be provided to inspector of railwaysIt 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.
49. New rolling stock or new railwaySubject 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.
50. Notice of intended opening of new railway or use of new rolling stock
51. Conditions for opening new railway or putting into service new rolling stockA 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.
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 – Accidents
57. Duty to report accidentsWhen an accident occurs in the course of any operations carried on by the Authority which—
58. Inquiries into accidents
59. Submission of returnsThe 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.
Part 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.
65. Power to take waterSubject to any other law regulating the use of water the Authority may take any water from any natural water course.
66. Accommodation works
67. Additional accommodation worksIf at any time—
68. Construction of railway crossing public road
69. Use of railway under constructionNothing 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.
Part XII – Offences and penalties
70. Endangering safety
71. Miscellaneous offencesAny person who—
72. Refusal to pay fare or unauthorised purchase of ticket
73. Failure to obey lawful instructions, obstructing, etc.Any person on any train of the Authority who—
74. Unauthorised sale of ticketsAny 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.
75. False returnsAny 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.
76. Unlawfully transporting dangerous goodsAny 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.
77. Employee demanding improper amountAny 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.
78. Drunkeness while on locomotive, guard's van etc.Any employee who while—
79. Breath test
80. Offences which are offences under other lawsAny 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.[Cap. 87]
81. Arrest of employee
82. Particulars of offences and penalties to be exhibitedThe 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: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 provisions
83. Liability for damages caused by fire
84. Notice of claim
85. Restriction on execution against property of AuthorityNotwithstanding 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.
86. Service of notice, etc. on Managing Director
87. RegulationsThe 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—
88. Repeal and savings Cap. 768 of the old edition
History of this document
31 December 1996 this version
28 April 1995