CHAPTER 170
TANZANIA RAILWAYS CORPORATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   This Act to apply notwithstanding the East African Railways Corporation Act.

PART II
ESTABLISHMENT OF THE CORPORATION

   4.   Establishment and incorporation of the Tanzania Railways Corporation.

PART III
MANAGEMENT OF THE CORPORATION

   5.   Board of Directors.

   6.   Remuneration of members of the Board.

   7.   Appointment of Director-General and other employees.

   8.   Superannuation benefits.

   9.   Power of Board to delegate.

PART IV
FUNCTIONS AND POWERS OF THE CORPORATION

   10.   General duty of the Board.

   11.   Powers of the Director-General.

   12.   Powers of the Board.

   13.   Powers of the Minister.

   14.   Powers of the Corporation as a statutory body.

   15.   Power under the law to survey, etc.

   16.   Power to enter land to prevent accidents, etc.

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

   18.   Power to take water.

   19.   The provision of transport services, etc., other than by the Corporation.

   20.   The Corporation may not be required to provide services at a loss.

   21.   Accommodation works.

   22.   Additional accommodation works.

   23.   Construction of railway crossing public road.

   24.   Certification of new railway.

PART V
FINANCIAL PROVISIONS

   25.   Authorised capital.

   26.   Principles of operation and power to invest.

   27.   Power to borrow.

   28.   Annual and supplementary budget.

   29.   Accounts and audit.

   30.   Annual report.

   31.   Audited accounts and annual report to be laid before the National Assembly.

PART VI
RESPONSIBILITY OF THE CORPORATION AS A CARRIER AND WAREHOUSEMAN

RESPONSIBILITY AS A CARRIER

(a) Passengers

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

   33.   No liability for delay in arrival of passengers, etc.

(b) Goods

   34.   Liability for loss of goods.

   35.   Liability for delay of goods.

   36.   Limitation of liability for animals.

   37.   Limitation of liability for loss of specified articles.

   38.   Limitation of liability for loss where false account given.

   39.   Limitation of liability by contract.

RESPONSIBILITY AS A WAREHOUSEMAN

   40.   Liability for loss of goods, etc.

   41.   Limitation of liability for loss of goods deposited in cloakroom.

PART VII
OPERATIONS OF THE CORPORATION

(a) Passengers and Luggage

   42.   Corporation may determine conditions for the carriage of passengers and luggage.

   43.   General right of persons to be carried as passengers.

   44.   General conditions on which tickets may be issued.

   45.   Person without ticket may be removed from train, etc.

   46.   Fares payable by person travelling without a valid ticket, etc.

   47.   Conditions of carriage of luggage.

(b) Goods

   48.   Corporation may determine conditions for carriage of goods.

   49.   General right to have goods carried.

   50.   Description of goods to be delivered.

   51.   Goods may be sold to pay fares, rates, etc.

   52.   Unclaimed goods in possession of the Corporation.

   53.   Indemnity where goods are claimed by two persons, etc.

   54.   Dangerous or offensive goods.

   55.   Corporation to prepare Tariff Book.

   56.   Corporation shall determine maximum load.

(c) Accidents

   57.   Accidents to be reported.

   58.   The Minister or the Board may order inquiry.

   59.   Director-General to make a return of accidents.

PART VIII
SPECIAL PROVISIONS RELATING TO PORTS IN INLAND WATERWAYS

   60.   Inland waterways ports.

   61.   Power to amend Third Schedule.

   62.   Passengers to be embarked only at an inland waterways port.

   63.   Master to supply information, etc.

   64.   Port rates may be levied.

   65.   Power to arrest vessel for port charges.

   66.   Power of authorised employees in relation to inland waterways port.

   67.   Power of health officer in an inland waterways port.

   68.   Liability for demurrage.

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

PART IX
PROVISIONS RELATING TO OFFENCES

   70.   Major offences.

   71.   Minor offences.

   72.   Travelling without ticket.

   73.   Offence by passengers.

   74.   Offence relating to tickets.

   75.   Forgeries of tickets.

   76.   False returns.

   77.   Unlawfully transporting dangerous goods.

   78.   Offence by master of vessel.

   79.   Employee endangering safety of operation.

   80.   Employee demanding improper amount.

   81.   Arrest of employee.

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

PART X
MISCELLANEOUS PROVISIONS

(a) Legal Provisions

   83.   Compensation.

   84.   Liability for damage caused by fire.

   85.   Burden of proof.

   86.   Notice of claim.

   87.   Limitation.

   88.   Restriction on execution against property of Corporation.

   89.   Overcharge and undercharge.

   90.   Medical examination of person claiming compensation.

   91.   Service of notice on the Director-General.

   92.   Service of notice by the Director-General.

(b) Regulations

   93.   Regulations.

PART XI
TRANSITIONAL PROVISIONS

   94.   Regulations, beacons, etc., made or installed under the East African Railways Corporation Act.

   95.   Corporation may assume East African Railways Corporation's functions.

   96.   President may make transitional provisions.

SCHEDULES

CHAPTER 170
THE TANZANIA RAILWAYS CORPORATION ACT

An Act to provide for the establishment of the Tanzania Railways Corporation, its functions and for purposes connected therewith.

[21st October, 1977]
[G.N. No. 145 of 1977]

Acts Nos.
11 of 1977
2 of 1988

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Tanzania Railways Corporation Act.

2.   Interpretation Act No. 2 of 1988 Sch.">

   (1) In this Act, unless the context otherwise requires–

   "animals" means animate things of any kind except human beings;

   "authorised employee" means an employee authorised by the Director-General to exercise the powers or perform the duties in respect of which the expression is used;

   "beacon" includes a light, mark or other structure erected by the Corporation for the purposes of navigation on inland waterways;

   "Board" means the Board of Directors of the Corporation provided for by section 4;

   "booking office" means a place at which tickets may be obtained or charges paid to the Corporation;

   "charges" means all sums received or receivable, charged or chargeable, for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facilities provided by the Corporation;

   "consignee" means the person, firm or body to whom goods accepted for carriage by the Corporation are addressed;

   "consignment" means one or more packages of goods or a quantity of loose goods tendered for carriage by the Corporation;

   "consignor" means the person, firm or body who has tendered goods which have been accepted for carriage by the Corporation;

   "Corporation" means the Tanzania Railways Corporation established under section 4;

   "customs law" means any law in force within the United Republic imposing or relating to the collection of customs or excise duties or transfer tax;

   "East African Railways Corporation" means the East African Railways Corporation established under the East African Railways Corporation Act of the Community *;

   "employee" means any person in the service of the Corporation;

   "fare" includes all sums received or receivable, charged or chargeable, for the carriage of a passenger by the Corporation;

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

   "firebreak" means a strip of land, whether under trees or not, which has been cleared of inflammable matter to prevent the spread of fire, and which is not less than nine metres (measured from the boundary of the land upon which a railway is constructed) in width, or of such other dimensions or sited at such place as may have been agreed upon between the Director-General and the owner or occupier of the land contiguous to any land occupied by the Corporation on which a railway is constructed;

   "free pass" means an authority in writing for the carriage by the Corporation without the payment of any fare of any person as a passenger;

   "Director-General" means the Director-General of the Corporation appointed under section 7;

   "goods" includes luggage, animals (whether alive or dead) and all other movable property of any description;

   "inland waterways ports" means the ports specified in the Third Schedule to this Act;

   "luggage" means such articles of personal apparel or for personal use, together with their containers, as are usually carried by passengers for their personal use, but does not include goods which, though carried in any such container or otherwise, are not intended for any such use;

   "master", in relation to a vessel, means any person having charge of that vessel;

   "Minister" means the Minister responsible for transport;

   "perishable goods" means goods liable to rapid deterioration and, in particular, means fish, fruit, vegetables, potatoes, plant, bread, meat, game, butter, eggs, milk, cheese, birds, poultry, small animals, and any other thing which the Director-General may by notice in the Gazette declare to be perishable goods;

   "purposes of the Corporation" means any purposes necessary or desirable for the performance of the services, or the provision of any facilities, which the Corporation is authorised to perform under this Act;

   "railway" means the whole or any portion of the lines of railway operated by the Corporation and all other movable and immovable property used, or placed at the disposal of the Corporation for use, in connection therewith;

   "railway station" includes a road service station;

   "rates" includes all sums which may, under the provisions of this Act, be levied for, or in respect of, the carriage or warehousing of goods by the Corporation or for, or in respect of, any vessel or inland waterways port or any other service performed or facility provided by the Corporation;

   "road" includes any street, thoroughfare, path or lane;

   "season ticket" means a ticket entitling the person to whom it is issued to be carried by the Corporation as a passenger between the places specified thereon on the number of occasions or during the period specified thereon;

   "Tariff Book" means the tariff book published by the Corporation under the provisions of this Act;

   "ticket" includes a single ticket, a return ticket, a season ticket, and any other written authority (not a free pass) for the carriage of a person by the corporation as a passenger;

   "train" includes locomotive engine, tender, motor, coaches, wagons, trolleys and rolling stock of all kinds used, whether separately or in conjunction, on a railway;

   "vehicle" means any vehicle other than a train or vessel;

   "vessel" includes any ship, tug, lighter or boat of any kind whatsoever whether propelled by steam or otherwise towed;

   "warehouse" includes any building, place, wagon, vessel or vehicle when used by the Corporation for the purpose of warehousing or depositing goods;

   "watercourse" means any river, stream, drain, gully, canal or other channel, whether artificial or not, in which water flows whether constantly or intermittently;

   "waterworks" includes boreholes, wells, reservoirs, dams, tanks, cisterns, conduits, aqueducts, pipes, hydrants, taps, pumps, engines and all other structures, plant and appliance used or constructed for obtaining, storing, purifying, conveying, distributing, measuring or regulating water.

   (2) For the purposes of this Act, goods shall be deemed to be in transit from the time the goods are accepted by the Corporation for carriage until the expiration of twenty-four hours after the goods have arrived at the place to which, in respect of their carriage by the Corporation, the goods have been consigned and thereafter the goods shall, so long as they remain in the custody of the Corporation, be deemed to be in such custody otherwise than for the purpose of carriage:

   Provided that–

   (a)   where such goods are delivered to the consignee within such period of twenty-four hours, the goods shall cease to be in transit as from the time when they are delivered;

   (b)   where such goods are perishable goods and the Corporation, in the exercise of its powers under this Act, disposes of such goods within such period of twenty-four hours, the goods shall cease to be in transit as from the time when they are so disposed of;

   (c)   where such goods are, in respect of their carriage by the Corporation, consigned to a place at which the Corporation does not maintain any staff for the receipt thereof, the goods shall cease to be in transit as from the time when they arrived at such place;

   (d)   where such goods are consigned for delivery to a place other than a railway station by means of a delivery service operating from a railway station or inland waterway port by the Corporation and such goods cannot due to causes beyond the control of the Corporation, be delivered at such place within twenty-four hours after the time of such arrival at the railway station or inland waterways port from which the delivery service is operated, such goods shall cease to be in transit after the time when such goods are tendered for delivery at such place or after the expiry of twenty-four hours after the time of their arrival at the railway station or inland waterways port from which the delivery service operated, whichever is the earlier.

   (3) In this Act and in all documents issued under this Act unless the context otherwise requires–

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

   (b)   "property of the Corporation" means vested in or placed at the disposal of the Corporation for the purposes of the Corporation;

   (c)   "the possession of the Corporation" means the possession by any employee in the course of his duty;

   (d)   "carried by the Corporation" means carried by the Corporation in accordance with the provisions of this Act;

   (e)   "accepted by the Corporation" means accepted by an employee or agent of the Corporation for carriage or warehousing by the Corporation in accordance with the provisions of this Act:

         Provided that acceptance shall not be deemed to have been effected until a document of receipt in respect of the goods accepted, signed by an authorised employee or agent of the Corporation, has been issued;

   (f)   "services or facilities provided by the Corporation" means services performed or facilities provided by the Corporation in accordance with the provisions of this Act;

   (g)   "operated by the Corporation" means operated by the Corporation in accordance with the provisions of this Act;

   (h)   "vessel or vehicle of the Corporation" includes a vessel or vehicle operated on behalf of the Corporation.

3.   This Act to apply notwithstanding the East African Railways Corporation Act

   Notwithstanding the provisions of the East African Railways Corporation Act of the Community the Corporation established by this Act shall, as from the commencement of this Act, have the powers, duties, functions and responsibilities vested therein by the East African Railways Corporation Act of the Community and this Act, and the provisions of this Act shall prevail in relation to all matters arising after the commencement of this Act.

PART II
ESTABLISHMENT OF THE CORPORATION (s 4)

4.   Establishment and incorporation of the Tanzania Railways Corporation

   (1) There shall be established a Corporation to be known as the Tanzania Railways Corporation.

   (2) The Corporation shall be a body corporate with perpetual succession and an official seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purposes of the Corporation.

PART III
MANAGEMENT OF THE CORPORATION (ss 5-9)

5.   Board of Directors

   (1) There shall be a Board of Directors of the Corporation which shall, subject to this Act, carry out the functions and manage the business and affairs of the Corporation.

   (2) The provisions of the First Schedule to this Act shall have effect as to the constitution and proceedings of the Board and in respect of other matters relating to the Board.

   (3) The Minister may, by order published in the Gazette, vary or replace all or any of the provisions of the First Schedule.

6.   Remuneration of members of the Board

   (1) Subject to subsection (2), the Board shall be entitled to such remuneration, fees or allowances for expenses as the Minister may, upon the recommendation of the Board, determine.

   (2) No remuneration, fees or allowances except such allowances for expenses as may be expressly authorised by the Minister, shall be paid to any member of the Board who is a public officer.

7.   Appointment of Director-General and other employees

   (1) The President shall appoint a Director-General of the Corporation who shall be the chief executive officer of the Corporation.

   (2) The Board may from time to time appoint such number of other employees of the Corporation as it may deem necessary for the proper and efficient conduct of the business and the activities of the Corporation.

8.   Superannuation benefits

   The Board may, with the approval of the Minister–

   (a)   grant gratuities or other retirement allowances or benefit to the employees of the Corporation;

   (b)   establish and contribute to a superannuation fund or a medical benefits fund for the employees of the Corporation;

   (c)   require any employee of the Corporation to contribute to the superannuation fund or medical benefits fund and fix the amount and method of payment of the contribution.

9.   Power of Board to delegate

   (1) Subject to subsection (4), the Board may, from time to time by instrument in writing under the seal of the Corporation, delegate to any committee of the Board or to any employee of the Corporation any of its functions or powers under this Act and where such delegation has been made the delegated function or power may be exercised by the delegate in accordance with the terms of the instrument of delegation.

   (2) A delegation under this section may be made to the holder of an office under the Corporation specifying the office but without naming the holder, and in that case each successive holder of the office in question and each person who acts in, occupies or performs the duties of that office may, without any further authority exercise the delegated function or power in accordance with the delegation made.

   (3) The Board may at any time revoke a delegation made under this section and no delegation made under this section shall prevent the Board from itself exercising the function or power delegated.

   (4) The Board shall not delegate–

   (a)   its power to delegate; and

   (b)   the power to approve the annual budget or any supplementary budget, the annual balance sheet or any statement of account.

PART IV
FUNCTIONS AND POWERS OF THE CORPORATION (ss 10-24)

10.   General duty of the Board

   (1) It shall be the duty of the Board to provide, by means of the undertaking of the Corporation, a co-ordinated and integrated system within the United Republic of transport services by rail, road and inland waterways; and to ensure that–

   (a)   the undertaking of the Corporation is operated efficiently, economically and with due regard to safety;

   (b)   the financial administration of the Corporation is conducted in accordance with the provisions of this Act;

   (c)   the Corporation provides all reasonable facilities for the carriage of passengers and goods; and

   (d)   no particular person or body is given any undue preference or subjected to any undue disadvantage.

11.   Powers of the Director-General

   Subject to the directions of the Board, the Director-General may–

   (a)   establish and operate rail, road and inland waterways transport services and facilities relating thereto;

   (b)   approve recurrent expenditure within limits determined by the Board;

   (c)   approve any individual capital work of which the estimated cost does not exceed such sum as the Minister may determine;

   (d)   approve any alteration in the establishment of the Corporation other than an alteration involving a major reorganisation or a substantial reduction in the number of employees; and

   (e)   allocate functions to employees of the Corporation;

12.   Powers of the Board

   In the performance of its duty under section 10 of this Act, and subject to any directions which may be given to it by the Minister, the Board may–

   (a)   approve any minor alteration in the tariffs, rates, fares and other charges;

   (b)   approve any individual capital work, for the purposes of the Corporation, not included within a programme of works approved by the Minister of which the estimated cost does not exceed such sum as the Minister may determine;

   (c)   establish, from among its members, or Committees for the purposes of the Corporation and delegate functions thereto;

   (d)   consider legislative proposals and recommend their enactment to the Minister;

   (e)   subject to the provisions of section 20 of this Act, provide services or facilities requested by the government of any other country;

   (f)   approve any alteration in the organisation or establishment of the Corporation other than an alteration referred to in paragraph (d) of section 11 of this Act; and

   (g)   give directions to the Director-General.

13.   Powers of the Minister

   (1) The Minister shall be responsible for the general direction and control of the Corporation and may for that purpose–

   (a)   give directions of a general nature to the Board relating to the operation of the undertaking of the Corporation;

   (b)   approve any major alterations in the tariffs, rates, fares and other charges made for the services provided by the Corporation;

   (c)   approve any individual capital work, for the purposes of the Corporation;

   (d)   give particular directions to the Board concerning any matters involving agreement with, or the interest of, any foreign country.

14.   Powers of the Corporation as a statutory body

   (1) The Corporation shall have power–

   (a)   to carry goods and passengers by rail, road and inland waterways within the United Republic;

   (b)   to provide within the United Republic ports and facilities for traffic by inland waterways;

   (c)   to provide and use upon the inland waterways within and contiguous to the United Republic vessels–

      (i)   for the towage, protection or salvage of life and property;

      (ii)   for the carriage of goods and passengers;

   (d)   to store goods within the United Republic, whether or not such goods have been, or are to be, carried by the Corporation;

   (e)   to consign goods on behalf of other persons from any place within the United Republic to any other place whether within the United Republic or elsewhere;

   (f)   to provide within the United Republic, both for the passengers carried by the Corporation and other persons, hotels, other living accommodation and place of refreshment;

   (g)   to provide within the United Republic such other amenities of facilities for passengers carried by the Corporation and other persons making use of the services performed or the facilities provided by the Corporation as may appear to the Board necessary or desirable.

   (2) Subject to the provisions of this Act, the powers conferred by subsection (1) shall include all such powers as are necessary or advantageous and proper for the purposes of the Corporation and in particular, without prejudice to the generality of the foregoing, shall include power–

   (a)   subject to the provisions of subsection (3), to construct or improve any railway, inland waterways port, ferry, road, bridge, building or any other necessary or desirable works required for the purpose of the Corporation;

   (b)   to operate trains and to acquire, construct, manufacture, maintain or repair anything required for the purposes of the Corporation;

   (c)   to carry on any business necessary or desirable to be carried on for the purposes of the Corporation and to act as the agent of any person or of the government of any foreign country, in the provision of any agreed functions;

   (d)   to acquire, construct, manufacture, maintain or repair water works or electric generating plant 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;

   (e)   subject to the approval of the Government to alter the course of, or raise or lower the level of, any watercourse or road if such alteration, raising or lowering is necessary for the purposes of the Corporation;

   (f)   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 the facilities provided by the Corporation or for the grant to any person of any licence, permit or certificate;

   (g)   to prohibit, control or regulate–

      (i)   the use by any person of the services performed, or the facilities provided by the Corporation; or

      (ii)   the presence of any person, vessel, vehicle or goods within any inland waterways port or on any premises occupied by the Corporation for the purposes of the Corporation;

   (h)   to 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:

         Provided that the Corporation shall not sell, let or otherwise dispose of any building or land placed at its disposal by the Government otherwise than with the consent of, and under conditions agreed by the President;

   (i)   to provide houses and other accommodation for employees;

   (j)   to act as agent for any person engaged, whether within the United Republic or elsewhere, in the performance of services or the provision of facilities of a kind similar, or complementary to, those performed or provided by the Corporation;

   (k)   to enter into agreement with any person–

      (i)   for 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)   for 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)   for 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 services or facilities and, for such purposes, to finance or assist in financing the activities of that person, whether by way of loan, the holding of stocks, shares or securities, the guaranteeing of interest or the retention of any stock, share or securities or otherwise;

   (l)   to enter into agreement with any person carrying on business as a carrier of passengers or goods, whether within the United Republic or elsewhere, 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; and

   (m)   to enter into any arrangement with the Tanzania Harbours Authority which, in the opinion of the Board, will promote or secure the provision, or improved provision, of any service or facilities which they may separately provide and without prejudice to the generality thereof any such arrangement or agreement may include provisions relating to–

      (i)   the use by either party of the facilities or equipment maintained by the other;

      (ii)   the temporary employment of staff of one party by the other on secondment or otherwise;

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