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UGANDA RAILWAYS CORPORATION ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CORPORATION.

   2.   Establishment of the corporation.

   3.   Objects of the corporation.

   4.   Functions of the corporation.

   5.   Additional powers of the corporation.

   6.   Limitation on functions of the corporation.

   7.   Minister's powers relating to functions of the corporation.

PART III
THE BOARD.

   8.   The board.

   9.   Tenure of office.

   10.   Remuneration of members of the board.

PART IV
MEETINGS OF THE BOARD.

   11.   Meetings of the board.

   12.   Disclosure of interest.

   13.   Board to prescribe its own procedure.

   14.   Validity of proceedings not affected by vacancy, etc.

   15.   Minutes of board meetings.

   16.   Decision by circulation of papers.

PART V
COMMITTEES OF THE BOARD.

   17.   Committees.

   18.   Disclosure of interest in respect of committees.

   19.   Procedure of committees.

PART VI
MANAGEMENT AND STAFF OF CORPORATION.

   20.   Functions of the board.

   21.   Managing director.

   22.   Secretary.

   23.   Other employees of the corporation.

   24.   Experts and consultants.

PART VII
FINANCE.

   25.   Funds of the corporation.

   26.   Estimates.

   27.   Borrowing powers.

   28.   Financial year.

   29.   Corporation to operate on sound commercial principles.

   30.   Accounts.

   31.   Audit.

PART VIII
ADMINISTRATION.

   32.   Acquisition of land.

   33.   Power to survey.

   34.   Power to enter land to prevent accidents.

   35.   Power to enter land to alter position of pipes.

   36.   Power to take water.

   37.   Provision of transport services, etc. other than by the corporation.

   38.   Corporation not to provide services at a loss.

   39.   Accommodation works.

   40.   Additional accommodation works.

   41.   Construction of railway crossing public road.

   42.   Certification of new railway.

   43.   Common seal and execution of contracts, etc.

   44.   Delegation.

   45.   Power of managing director to authorise employee to maintain order.

   46.   Staff rules.

   47.   Regulations.

PART IX
LEGAL PROVISIONS.

   48.   Compensation.

   49.   Liability for damage caused by fire.

   50.   Burden of proof.

   51.   Notice of claim.

   52.   Limitation.

   53.   Restriction on execution against property of corporation.

   54.   Overcharge and undercharge.

   55.   Medical examination of person claiming compensation.

   56.   Service of notice, etc.

PART X
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEPERSON.

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

   58.   Liability for loss of goods.

   59.   No liability for delay in arrival of goods.

   60.   Limitation of liability for animals.

   61.   Limitation of liability for loss, damage or misdelivery.

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

   63.   Limitation of liability by contract.

   64.   Liability for loss of goods, etc. in warehouse.

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

PART XI
CARRIAGE OF PASSENGERS, LUGGAGE AND GOODS.

   66.   Conditions for the carriage of passengers and luggage.

   67.   General conditions for carriage of goods, etc.

   68.   Sale of goods to pay fares, rates, charges, etc.

   69.   Unclaimed goods in possession of the corporation.

   70.   Indemnity where goods claimed by two persons, etc.

PART XII
INLAND WATERWAYS.

   71.   Inland waterway ports.

   72.   Passengers to embark and disembark, etc. only at inland waterway port.

   73.   Master to supply information.

   74.   Levy of port rates.

   75.   Arrest of vessel for port charges.

   76.   Powers of authorised employee in relation to inland waterway port.

   77.   Power of health officer in an inland waterway port.

   78.   Master responsible for contravention of Act, etc. in respect of vessel.

   79.   Offences by master of a vessel.

PART XIII
OFFENCES AND PENALTIES.

   80.   Major offences.

   81.   Minor offences.

   82.   Offences relating to passengers.

   83.   Offences relating to tickets.

   84.   Falsification of documents.

   85.   Unlawfully transporting dangerous goods.

   86.   Employee endangering safety of operations.

   87.   Employee demanding improper amount.

   88.   Arrest of employee.

   89.   Power of arrest, removal and place of trial.

PART XIV
MISCELLANEOUS.

   90.   Protection of members and staff from civil action.

   91.   Annual report.

   92.   Minister to report to Parliament.

   93.   Employees of former Uganda Railways Corporation to become employees of corporation.

   94.   Transfer of property, assets and liabilities.

   95.   Dissolution.

   96.   Adaptation of references to former corporation.

 

CHAPTER 331
UGANDA RAILWAYS CORPORATION ACT.

Commencement: 1 November, 1992.

   An Act to provide for the establishment of the Uganda Railways Corporation; to provide for its objects and functions; to provide for its board of directors and the composition and functions of the board; to provide for the finances of the corporation and its legal rights and obligations in relation to other persons; to provide for the employees of the corporation; to provide for various offences in relation to the functions and property of the corporation; to dissolve the existing Uganda Railways Corporation and to transfer to the corporation its property, assets, rights, obligations and liabilities, and for other purposes connected with or incidental to the foregoing.

 

PART I
INTERPRETATION.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "accepted by the corporation" means accepted by an employee or agent of the corporation so authorised to accept the goods for carriage or warehousing by the corporation;

   (b)   "agent of the corporation" means the person, firm or body authorised to act in the matter under reference for and on behalf of the corporation;

   (c)   "authorised employee" means an employee of the corporation empowered to perform any functions in relation to which the expression is used;

   (d)   "board" means the board of directors of the corporation;

   (e)   "chairperson" means the chairperson of the board;

   (f)   "charges" means the total sums of monies receivable for or in respect of the carriage or warehousing of goods, or for services or facilities offered or fines levied for the carriage, services or facilities offered by the corporation;

   (g)   "consignee" means a person, firm or body to whom or to which goods accepted for carriage have been addressed;

   (h)   "consignment" means one or more pieces of goods accepted for carriage by the corporation, and entered on an official consignment note and properly addressed to a consignee by a consignor;

   (i)   "consignor" means a person, firm or body who or which has tendered goods which have been accepted for carriage by the corporation;

   (j)   "corporation" means the Uganda Railways Corporation established by section 2;

   (k)   "customs laws" means any laws in force imposing or relating to the collection of customs or excise duties or Government taxes relating to those goods;

   (l)   "deposit" means payment made under conditions that the payment may be refunded;

   (m)   "employee" means any person in the service of the corporation;

   (n)   "engineer" means an employee or agent duly appointed by the corporation for the purpose of executing an engineering undertaking of the corporation;

   (o)   "fare" means the total sum of money chargeable for the carriage of a passenger by the corporation as relating to the distance and class of travel;

   (p)   "ferry" means any vessel plying from one side of a waterway to the other for the purpose of carriage of passengers or goods or both;

   (q)   "fire break" means a strip of land less than nine metres wide, or as may be agreed between the landowner or occupier and the corporation, which has been cleared of any inflammable matter to prevent the spread of fire from the railway to the adjacent land;

   (r)   "former corporation" means the Uganda Railways Corporation established by the Uganda Railways Corporation Decree;

   (s)   "freight charges" means the total sum of monies chargeable for the carriage of goods by the corporation;

   (t)   "goods" means luggage, animals (alive and dead) and any movable property of any description;

   (u)   "inland waterway port" means an inland waterway port declared under section 71;

   (v)   "interest" means compound interest;

   (w)   "luggage" means goods of personal apparel together with their containers as are usually carried by a passenger for personal use;

   (x)   "managing director" means an officer who for the time being is authorised to perform the functions of the office of the managing director or for or on that behalf;

   (y)   "master" means any person having charge of a vessel;

   (z)   "Minister" means the Minister responsible for railway transport;

   (aa)   "operated by the corporation" means operated by the corporation in accordance with this Act;

   (bb)   "permanent way" means the whole or part of the railway line;

   (cc)   "premises occupied by the corporation" means premises vested in or placed at the disposal of the corporation for the purposes of the corporation;

   (dd)   "property of the corporation" means property vested in the corporation for the purposes of the corporation;

   (ee)   "public land" has the meaning assigned to "former public land" in the Land Act;

   (ff)   "purpose of the corporation" means any purpose necessary or desirable for the performance of functions which the corporation is authorised to perform or render under this Act;

   (gg)   "railway" means the whole or any portion of the line of permanent way operated by the corporation, and all other movable and immovable property used or placed at the disposal of the corporation for use in connection with the permanent way;

   (hh)   "railway station" means a station which is established for the purpose of the corporation and is published in a tariff notice;

   (ii)   "rates" means all sums of monies which may be levied for or in respect of the carriage or warehousing of goods by the corporation, or in respect of any vessel, inland waterway port, service or facility or any other services performed or facilities provided by the corporation under this Act;

   (jj)   "road" means any street, thoroughfare, path, or lane as is necessary for access;

   (kk)   "rolling stock" means wagons, carriages and locomotive engines;

   (ll)   "season ticket" means a ticket entitling the due holder to be carried by the corporation as a passenger between the places specified on it and on the number of occasions specified on it;

   (mm)   "secretary" means the secretary of the corporation and includes a person appointed to perform the functions of the secretary under section 22;

   (nn)   "service provided by the corporation" means a service or facilities provided by the corporation as authorised under this Act;

   (oo)   "tariff notice" means a notice containing declarations of new tariffs and other conditions, or changes of them for the services and facilities provided by the corporation and published by the managing director from time to time;

   (pp)   "ticket" means a single or return ticket or season ticket but not a free pass, duly issued for the collection of fares paid for the carriage of a passenger by the corporation;

   (qq)   "transit" means before arriving at a destination and includes the period—

      (i)   between accepting the goods until the expiration of 24 hours after the goods have arrived at the place to which they have been consigned;

      (ii)   between accepting the goods until they have been delivered where the corporation is liable to deliver them to the consignee's premises;

      (iii)   between accepting the goods until they have arrived at a place where the corporation does not have staff to receive the goods;

      (iv)   between accepting the goods until the expiration of 24 hours after the goods have arrived at a place at which the corporation operates a delivery service, but due to conditions beyond the control of the corporation that service is not operating;

   (rr)   "vehicle" means any vehicle other than a train or vessel;

   (ss)   "vehicle or vessel of the corporation" means a vessel or vehicle operated on behalf of the corporation;

   (tt)   "vessel" means any ship, tug, lighter, boat, ferry, of any kind whatever, self-propelled or towed;

   (uu)   "warehouse" means any building, place, wagon, vessel, or vehicle when used by the corporation for the purpose of warehousing of goods;

   (vv)   "watercourse" means any river, stream, drain, gully, canal, or any channel, constructed or natural, in which water flows whether constantly or intermittently;

   (ww)   "water works" means boreholes, wells, reservoirs, dams, tanks, engines and all other structures, plants or appliances used in connection with obtaining, storing, pumping, purifying, conveying, distributing, measuring or regulating and delivering water.

 

PART II
ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CORPORATION.

 

2.   Establishment of the corporation.

   (1) There is established the Uganda Railways Corporation.

   (2) The corporation shall be a body corporate, shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

   (3) The corporation may, for and in connection with its objects and functions under this Act, purchase, hold, manage and dispose of any property whether movable or immovable, and may enter into any contract and other transactions as may be expedient, and do any other act or thing as in law may be done by a body corporate, subject to this Act.

 

3.   Objects of the corporation.

   The objects of the corporation are—

   (a)   the construction, operation and maintenance of railway, marine and road services both in and outside Uganda for the carriage of passengers and goods;

   (b)   to carry on subject to this Act, such activities as are conducive or incidental to the attainment of the object set out in paragraph (a) of this section.

 

4.   Functions of the corporation.

   (1) Without prejudice to the general effect of section 3, the corporation shall, for the attainment of the objects set out in that section have the following functions—

   (a)   to carry passengers, and goods by rail, road and waterways;

   (b)   to provide transit and terminal stations and port facilities for the purpose of paragraph (a) of this section;

   (c)   to provide and use upon railways, roads and inland waterways for the carriage of passengers and goods and for the stowage protection or salvage of life and property the following—

      (i)   self-propelled and push service equipment;

      (ii)   road motor vehicles and trailers; and

      (iii)   lake vessels and other associated crafts;

   (d)   to store goods whether or not the goods have been or are to be carried by the corporation;

   (e)   to consign goods on behalf of persons other than the corporation from any place within or outside Uganda to any other place whether within or outside Uganda;

   (f)   to provide clearing and forwarding services;

   (g)   to provide both for passengers carried by the corporation and other persons, hotels and other living accommodation and places of refreshment;

   (h)   to provide such other amenities or facilities for passengers carried by the corporation and for other persons making use of the services performed or facilities provided by the corporation as may appear to the corporation to be expedient;

   (i)   to operate and maintain signalling and telecommunication equipment for the purpose of the discharge of its functions;

   (j)   to construct or improve any railway, inland waterway, port, ferry, road, bridge, building or any other necessary or desirable works required for the purpose of the discharge of its functions;

   (k)   to operate trains and to acquire, construct and manufacture trains for the purpose of the discharge of its functions;

   (l)   to carry on any business necessary or desirable to be carried on for the purpose of the corporation and to act as agent for any services of the Government;

   (m)   to acquire, construct, manufacture, maintain or repair water works, electric generating plants or any other works, plant or apparatus necessary or desirable for the supply or transmission of water or of electric energy for the purposes of the corporation and to supply any such water or electric energy to any person;

   (n)   to plan and work upon rail works or foundries or other works;

   (o)   with the approval of the Minister, to alter the course of, or raise or lower the level of any watercourse or road or such alteration where the raising or lowering is necessary for the purposes of the corporation; and

   (p)   with the approval of the Minister, to determine, impose and levy rates, fares, charges, dues or fees for any service performed by the corporation or for the use by any person of any facility provided by the corporation or for the grant by the corporation to any person of any licence, permit or certificate.

   (2) Where any increase has occurred in the cost of anything done or afforded by the corporation to which subsection (1)(o) relates, the corporation may, pending the approval by the Minister of any determination or imposition proposed by the corporation under that paragraph, make a provisional determination or imposition to meet the increase in costs; and any such determination or imposition shall have effect until the coming into effect of the rates, fares, charges, dues or fees approved by the Minister or, as the case may be, until the Minister indicates to the corporation his or her disapproval of the proposed determination or imposition; and where the Minister disapproves of the proposed determination or imposition, then from the date of that disapproval the original rates, fares, charges, dues or fees, as the case may be, shall be deemed to have been restored.

 

5.   Additional powers of the corporation.

   In addition to the functions stated in section 4, the corporation may, for the attainment of its objects—

   (a)   sell, let or otherwise dispose of any property, movable or immovable, which in the opinion of the board is not necessary for the purposes of the corporation; however, the corporation shall not sell or let or otherwise dispose of any building or land placed at its disposal except with the approval in writing by the Minister;

   (b)   provide houses and other accommodation for its employees and their families;

   (c)   act as agent for any person engaged in the performance of services or the provision of facilities of a kind similar or complimentary to those performed or provided by the corporation;

   (d)   enter into an agreement with any person for—

      (i)   the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the corporation;

      (ii)   the performance or provision by that person of any of the services or the facilities which may be performed or provided by the corporation;

      (iii)   the payment, collection or apportionment of any fares, rates, charges or other receipts arising out of the performance or the provision by that person of any such service or facility and for that purpose finance or assist in financing the activities of that person whether by way of loan, the holding of stock, shares or securities, the guaranteeing of interest or the retention of any stocks, shares or securities or otherwise;

   (e)   enter into agreement with any person carrying on business as a carrier of passengers or goods whether within or outside Uganda providing for the carriage of passengers or goods by or on behalf of the corporation, and of that person, under one contract or at a through fare or rate;

   (f)   hold shares in any other corporation and establish or acquire any subsidiary corporation whose objects are not contrary to the objects of the corporation, or not contrary to this Act;

   (g)   enter into any agreement with the Government of any country or with any organisation which in the opinion of the board will promote or secure the provision or improved provision of any service or facility which they may separately provide in their country.

 

6.   Limitation on functions of the corporation.

   (1) No railway undertaking shall be embarked upon by the corporation unless—

   (a)   a feasibility report indicating the advantages and disadvantages of the undertaking has been previously submitted by the board to the Minister; and

   (b)   the Minister has approved the undertaking in writing.

   (2) For the avoidance of doubt, it is declared that sections 4 and 5 relate only to the capacity of the corporation as a statutory corporation and that nothing in those provisions shall be construed as authorising the disregard by the corporation of any law.

   (3) The powers conferred on the corporation under sections 4 and 5 to construct or execute any works shall empower the corporation to construct or execute the works on land vested in the corporation or on land placed at its disposal by the Government for the purposes of the corporation.

   (4) Where land is not vested in or placed at the disposal of the corporation as described in subsection (3), the construction or execution of the works on that land shall only be with the agreement of the owners of the land.

   (5) Where any land is required by the corporation for the purposes of the corporation, the corporation shall proceed in accordance with section 32.

   (6) For the purpose of subsection (1), "railway undertaking" means a new railway line constructed for the conveyance of passengers and goods for hire and reward and does not include lines or sidings constructed only as additional facilities to industrial or commercial premises or lines or sidings constructed for operating the existing railway undertaking of the corporation.

 

7.   Minister's powers relating to functions of the corporation.

   The Minister shall be responsible for the general direction of the corporation, and for that purpose the Minister—

   (a)   may give general directions to the corporation on matters concerning Government policy and the corporation shall give effect to such directions;

   (b)   shall ensure that any financial loss resulting from any directions given under paragraph (a) of this section is underwritten by the Government;

   (c)   shall be responsible for approving capital works for the purposes of the corporation which are financed or guaranteed by the Government.

 

PART III
THE BOARD.

 

8.   The board.

   (1) The governing body of the corporation shall be a board of directors comprising the following—

   (a)   the chairperson;

   (b)   the managing director appointed under section 21; and

   (c)   seven other directors.

   (2) The members of the board other than the managing director shall be appointed by the Minister from among persons having knowledge and experience in commerce, transport, finance, industry, administration or engineering.

 

9.   Tenure of office.

   (1) A member of the board other than the managing director shall hold office for a period of three years and subject to this Act, on such terms and conditions as the Minister may determine.

   (2) A member of the board other than the managing director may resign his or her office by writing addressed to the Minister.

   (3) Where a member of the board other than the managing director is incapacitated by absence or illness or other cause from performing the functions of his or her office or where the office of that member has become vacant, the Minister may appoint another person qualified in terms of section 8 to perform the functions of that member.

   (4) The appointment of a member of the board other than the managing director may be revoked by the Minister by writing—

   (a)   if the member has been absent from three consecutive meetings of the board without reasonable excuse;

   (b)   if the member is incapacitated by illness or any other cause from the performance of his or her duties and the incapacity appears to the Minister to be likely to continue; or

   (c)   if the member is otherwise unable or unfit to perform the duties of his or her office.

   (5) A person ceasing to hold office as a member of the board shall be eligible for reappointment to the board.

 

10.   Remuneration of members of the board.

   A member of the board and also a person co-opted to any meeting of the board under section 11 shall be paid by the corporation such remuneration and allowances and at such rates as may be determined in relation to him or her by the Minister.

 

PART IV
MEETINGS OF THE BOARD.

 

11.   Meetings of the board.

   (1) The board shall meet ordinarily for the dispatch of business once in every month at a place and time appointed by the chairperson.

   (2) The chairperson or at least three other members of the board may also request the secretary by notice in writing signed by them to convene an extraordinary meeting of the board for discussion of any matters specified in the notice; and the secretary shall, upon receipt of the notice, convene an extraordinary meeting of the board for discussion of these matters at the earliest convenient date and in any case within 10 days after receiving the notice.

   (3) The quorum at any meeting of the board shall be five members.

   (4) The chairperson shall preside at any meeting of the board and in his or her absence a member elected by the members present shall preside.

   (5) A question proposed at any meeting of the board shall be determined by a simple majority of the members present and voting; and where there is an equality of votes, the person presiding at the meeting shall have a second or casting vote.

   (6) The board may co-opt any person who is not a member to attend any meeting of the board as an adviser, but a person so co-opted is not entitled to vote on any matter coming for decision before the board at that meeting.

 

12.   Disclosure of interest.

   (1) A member of the board who is interested in any way directly or indirectly in a contract made by the board on behalf of the corporation or proposed to be made by the board on behalf of the corporation or in any other matter which falls to be considered by the board shall disclose the nature of his or her interest at a meeting of the board.

   (2) The disclosure made under subsection (1) shall be recorded in the minutes of the meeting.

   (3) A member shall not—

   (a)   where a contract in which he or she is interested is under consideration, take part in the deliberations concerning or the decision on the contract; and

   (b)   where any other matter in which the member is interested is under consideration, take part in the deliberations concerning or the decisions on the matter,

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