Swaziland Railway Act, 1962
Act 15 of 1962
- Commenced on 6 April 1962
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Swaziland Railway Act, 1962.
2. InterpretationIn this Act unless inconsistent with the context:“appurtenant works” includes the slopes of banks and cuttings, drainage works, stations, sidings, workshops, water works and installations, roads, industrial or residential townships, construction camps, business and office premises and all other works, measures and things which may be necessary or incidental to the construction, development and operation of the Railway;“chairman” means chairman of the Board;“goods” includes animals and vehicles and all things capable of being carried on a railway;“magistrate’s court” means a court established under the Magistrates Courts Act No. 66 of 1938;“Minister” means the Minister for Public Works and Transport;“line of railway” means the line of travel of one railway determined by or under section 30;“Railway” means the Swaziland Railway established under this Act;“railway reserve” means a strip of land not exceeding one hundred and fifty English feet in width enclosing any line of railway determined under the provisions of section 30 together with such additional land as shall be required for appurtenant works and all other immovable property of the Railway;“real property” has the same meaning as in the Acquisition of Property Act, No. 10 of 1961.
Part I – Establishment, constitution and powers of the Railway
3. Swaziland Railway incorporatedThere is hereby established a body corporate to be known as the Swaziland Railway which shall be capable of suing and being sued in its corporate name and, subject to the provisions of this Act, of doing all such acts as a body corporate may by law perform.
4. Railway BoardSubject to the provisions of this Act, the affairs of the Railway shall be conducted by a Board as hereinafter constituted.
5. Members of Board
6. Alternate members
7. Disqualification of membersThe Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who—
8. Termination of membershipA member shall vacate his office and his office shall become vacant—
9. Acting chairmanIf the chairman is unable to exercise his functions by reason of illness or absence from Swaziland or other cause, the Minister may appoint a member to act as chairman and the chairman so appointed shall exercise the functions and powers and perform the duties of the chairman during the period of incapacity or absence.
10. Quorum and procedure at Board meetings
11. Validity of actions of BoardNo decision or act of the Railway or act done by or under the authority of the Board shall be invalid by reason only of the fact that—
12. General duty of the RailwayIt shall be the general duty of the Railway so to exercise its powers under this Act as to provide or to secure and promote the provision of an efficient and adequate system of public transport of goods and passengers by rail with due regard to economy and safety of operation and to supply the needs of Swaziland for rail services to the fullest possible extent consistent with the resources of the Railway.
13. Powers of Railway
14. Function of Board
15. Chief executive officer
16. Information for MinisterBoth the Board and chief executive officer shall give to the Minister all such information relating to the Railway as the Minister may at any time require.
Part II – Finance and accounts
17. Expenditure not to exceed revenueIt shall be the object of the Railway so to exercise its functions and perform its duties as to ensure that all its revenues from whatever source are not less than sufficient to meet all its outgoings properly chargeable to revenue account one year with another.
18. Funds of RailwayThe funds of the Railway shall consist of—
19. Temporary loansThe chief executive officer may, with the consent of the Board or in accordance with the terms of any general authority given by the Board, borrow temporarily by way of overdraft or otherwise such moneys as may be required in the ordinary course of business for the purpose of temporary accommodation.
20. Investment of surplus fundsAny sums in the hands of the Railway which are not immediately required for the purpose of its business may be invested by the Board in such manner as it thinks proper.
21. Budget estimates
22. Exemption from income taxThe receipts and accruals of the Railway shall be exempt from income tax or any similar tax on income imposed by any law.
23. Accounts and audit
Part III – Rates and other charges
24. Fixing of rates and charges
25. Charges to be equal
Part IV – Staff and related matters
26. Duties and pay of staff
27. Benefits for employeesThe Railway may provide pecuniary benefits for its employees on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants and for that purpose may effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for its employees and their dependants any or all of the pecuniary benefits to which this section relates.
Part V – Railway construction and acquisition of property
28. Construction of line of railwayThe Railway shall take all steps necessary for the efficient and economical construction of any railway determined by the Minister in the exercise of the powers vested in him in terms of section 30 and for this purpose shall have power to do anything which is calculated to facilitate such construction or which is incidental or conducive thereto.
29. Preliminary investigations
30. Determination of line of railway
31. Entry by Railway for construction purposesAfter notification by the Minister under section 30 that a line of railway is to be constructed and equipped, any person authorised by the Railway may enter upon any land traversed by the line of railway determined in any notification and may define, take possession of, hold and retain the railway reserve, for the purpose of constructing the railway together with appurtenant works:Provided however that if so required by the owner of such land the Railway shall within a reasonable time of such entry initiate negotiations for the acquisition of the railway reserve upon such land under section 33.
32. Occupation for temporary purposesNotwithstanding the proviso to section 31, the Railway shall not be obliged to acquire any portion of the railway reserve which is required temporarily for the construction or maintenance of any line of railway but may occupy it without compensating the owner of such land for such right of occupation:Provided that where any direct loss or damage is caused in consequence of such occupation section 38(6) shall mutatis mutandis apply.
33. Acquisition of property
34. Exemption from payment of transfer dutyNotwithstanding any other law no transfer duty shall be payable in respect of any acquisition of real property by the Railway whether by agreement or by acquisition.
35. Railway townshipsThe provisions of the Private Townships Act, No. 17 of 1961, shall not apply to any township established by the Railway.
36. Subdivision of landThe provisions of the Sub-Division of Land Act, No. 7 of 1957 shall not apply to any land required to be subdivided for the railway reserve nor to any subdivision of land resulting from the deduction of any land required for the railway reserve.
37. Water rights
38. Right to take materials for construction
41. Replacement of level crossings by bridge or subway
42. Protective works at crossings
Part VI – Miscellaneous
45. Closing gatesAny person who opens or unfastens any gate abutting on the line of railway except for the purpose of then and there passing through it with or without any vehicle or animals or of enabling some other person or persons so to pass, and any person who passes through any such gate and who does not immediately after so passing through it with or without any vehicle or animals close and fasten such gate or cause it to be closed or fastened shall be guilty of an offence and on conviction liable to a fine not exceeding ten emalangeni or in default of payment thereof to imprisonment for a period not exceeding fourteen days.
46. Stock killed or injured by Railway
|For any horse||80 emalangeni|
|for any mule||40 emalangeni|
|for any head of cattle||80 emalangeni|
|for any ass||6 emalangeni|
|for any sheep||10 emalangeni|
|for any goat||6 emalangeni|
|for any pig||10 emalangeni|
47. Exemption from stamp duty and fees of officeNo stamp duty, fee of office in any public office, registration fee or court fee shall be chargeable in respect of any instrument, or the registration, lodgement, issue, or use thereof, if the duty or fee thereon would, but for this section, be legally payable by the Railway.
48. SavingAll acts or things done, agreements entered into whether verbal or in writing express or implied, assets rights and privileges acquired and liabilities and obligations incurred by the Swaziland Railway Board constituted under the Swaziland Railway Board Act No. 61 of 1961, shall be deemed to have been done, entered into, acquired or incurred by the Railway as fully and effectually as if the Railway had then been constituted and established under this Act.
History of this document
01 December 1998 this version
06 April 1962
Cited documents 4
Documents citing this one 9
- Swaziland Government Gazette dated 1994-06-24 number 31
- Swaziland Government Gazette dated 1994-07-01 number 33
- Swaziland Government Gazette dated 1998-06-12 number 363
- Swaziland Government Gazette dated 2000-08-11 number 591
- Swaziland Government Gazette dated 2001-03-30 number 675