Railways Act [Chapter 13:09]

 

Chapter 13:09

Railways Act

Acts 41/1972, 39/1973 (s. 53), 42/1976 (s. 23), 15/1975 (s. 57), 41/1976 (s. 139), 42/1976 (s. 23), 41/1978 (s. 23), 15/1981, 29/1981, 20/1982, 8/1988 (s. 164), 29/1990, 2/1992, 24/1995 (s. 321), 19/1997, 22/2001, 3/2009. S.Is. 566/1979, 236/1980

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

NATIONAL RAILWAYS OFZIMBABWE AND BOARD

3. National Railways of Zimbabwe.
4. Establishment of National Railways of Zimbabwe Board.
5. Constitution of Board.
6. Conditions of office of appointed members.
7. Disqualification for appointment as member.
8. Vacation of office by appointed member.
9. Minister may require appointed member to vacate office or suspend him.
10. Filling of vacancies.
11. Meetings and procedure of Board.
12. Remuneration and expenses of appointed members or alternate members.
13. Members to declare interests.
14. Validity of decisions and acts of Board.
15. Execution of contracts and instruments by Railways.
16. Transaction of business of an urgent nature.

PART III

FUNCTIONS, POWERS AND DUTIES OFRAILWAYS AND APPOINTMENT OFGENERALMANAGER

17. Function of Railways.
18. Powers of Railways.
19. Duties of Railways.
20. General Manager.
21. By-laws of Railways.
22. Submission of plans, reports and information by Railways.
23. Directions required in national interest.

PART IIIA

ISSUE OF SHARESAND DEBENTURES BY RAILWAYS

23A. Authorized share capital of Railways

23B. Allotment, issue and transfer of shares of Railways.

23C. Liability of shareholders.

23D. Issue of debentures.

PART IV

FINANCIALPROVISIONS

24. Conduct of financial affairs of Railways.
25. Capital of Railways.

25A. Revenues of Railways.

25B. Fixing of tariffs.

25C. Payment of dividends.

26. Railways to make certain charges to income and expenditure account.
27. Establishment and operation of general reserve.
28. Meeting of deficiencies.
29. Accounts and records of Railways.
30. Appointment of auditors.
31. Audit of accounts of Railways.
32. Investments and loans by Railways.

PART V

CONSTRUCTION AND MAINTENANCE OF RAILWAYS

33. Construction of new railway and other work.
34. Road and rail crossings.
35. Adjoining land may be entered upon to prevent or repair accidents.

PART VI

OFFENCES AND PENALTIES

36. Obstruction of employee of Railways.
37. Offences on railway premises.
38. Certain offences and punishment therefor.
39. Power to arrest persons and detain goods.

PART VII

GENERAL

41. Use of water.
42. Proceedings on failure of Board or Railways to comply with Act.
44. Provisions relating to Former Undertaking.

SCHEDULES

First Schedule: Powers of railways.

Second Schedule: Provisions relating to former undertaking. Third Schedule: Repealed legislation.

AN ACT to provide for the continuation of the Rhodesia Railways as the National Railways of

Zimbabwe; to establish a board to control its operations and to provide for its functions, powers and duties; to provide for the provision, operation and maintenance by the National Railways of Zimbabwe of rail, road and inland water transport and pipelines for the conveyance of goods and other related services within and for Zimbabwe and Botswana; to provide for the functions, powers, duties and procedure of the Rhodesia Railways and the board of management referred to in the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom; and to provide for matters incidental to or connected with the fore-going.

[Date of commencement: 1st April, 1973.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Railways Act [Chapter 13:09].

2    Interpretation In this Act—

“alternate member” means a person appointed as an alternate to an appointed member in terms of subsection

(3) of section five;

“appointed member” means a member of the Board other than the General Manager;

“area of operation”, in relation to the Railways, means Zimbabwe and any country outside Zimbabwe in which the Railways may be required or permitted under any enactment, treaty or agreement, to perform any function;

[Definition inserted by section 2 of Act 19 of 1997]

“Board” means the Board established by section four;

“direct costs” means the full variable and administrative costs directly incurred by the Railways in the operation of its transport services, and includes— (a) running costs; and

(b) the costs of maintaining the railway, rolling stock and equipment;

[Definition inserted by section 2 of Act 19 of 1997]

“Former Undertaking” means the Rhodesia Railways referred to in the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom;

“General Manager” means the general manager appointed in terms of subsection (1) of section twenty;

“goods” means anything, whether solid, liquid or gas, capable of being carried on a railway or by road;

[Definition amended by section 2 of Act 19 of 1997]

“member” means a member of the Board;

“Minister” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“railway premises” means land or property owned, controlled or occupied by the Railways other than land or property which is used solely for residential purposes;

“Railways” means the National Railways of Zimbabwe referred to in section three; “repealed legislation” means the legislation specified in the Third Schedule. “territories” ….