Railways Act, 2008
Act 779
ARRANGEMENT
OF SECTIONS
PART
ONE-GHANA RAILWAY
DEVELOPMENT AUTHORITY
Establishment, functions and
governing body
Section
1.
Establishment of the Ghana
Railway Development
Authority
2.
Objects and functions of the
Authority
3.
Ministerial responsibility
4.
Governing body of the
Authority
5.
Functions of the Board
6.
Tenure of office of members
of the Board
7.
Meetings of the Board
8.
Disclosure of interest
9.
Establishment of committees
10.
Allowances
11.
Further rules
Administration and staff of
the Authority
12.
Divisions of the Authority
13.
Chief Executive Officer
14.
Functions of the Chief
Executive Officer
15.
Appointment of other staff
Finances of the Authority
16.
Funds of the Authority
17.
Loans, bank accounts and
investments
18.
Annual budget of the
Authority
19.
Accounts and audit
20.
Tax exemption
21.
Annual report and other
reports
Railway Development Fund and
other provisions
22.
Establishment of the Railway
Development Fund
23.
Object of the Fund
24.
Sources of money for the
Fund
25.
Management of the Fund
26.
Charges on the Fund
27.
Annual programme of
expenditure from the Fund
28.
Purpose of disbursement of
the Fund
29.
Withdrawal procedure
30.
Staff of the Fund
31.
Execution of contracts
32.
Vesting, management and
improvement of the railway
assets
33.
Liabilities arising from the
operations of the Ghana
Railway Company Limited
34.
Stay of arrest in certain
cases
35.
Protection of officers
36.
Power to obtain information
37.
Confidentiality and
prohibition
PART
TWO-OPERATION OF RAILWAYS
Licensing and regulation of
railways
38.
Railway licences
39
Common or private carrier
40. Grant of licence
41
Conditions of licence
42. Condition
for transfer of licence
43.
Renewal of licence
44.
Power to suspend, cancel or
modify licence
Construction of railways
45.
Construction without
approval by the Authority
46.
Grant of approval for
construction of railway line
47.
Powers in relation to
natural or man-made
obstacles
48.
Acquisition of land for
railway purposes
49.
Power to enter and inspect
land
50.
Accommodation works on new
lines of railway
51.
Additional accommodation
works
Railway, road and utility
crossing
52.
Constructions across a
railway line
53 .Failure
to agree on construction or
maintenance
54.
Agreement on apportionment
of costs
Running rights and Joint
track usage for railway
companies
55.
Running rights and joint
track usage
56.
Grant of approval
57.
Power of railway company to
enter land adjoining railway
line
58.
Compensation
59.
Regulations for
construction, alteration,
maintenance and others.
60.
Appointment of Railway
Safety Inspectors
61.
Powers of Railway Safety and
Security Inspector
Accident
62.
Reporting of railway
accidents
63.
Inquiry into accident
Tariffs and rates
64.
Rates to be charged
65.
Minimum information on
tariff
66.
Other requirements in
relation to tariff
67.
Request for tariff by
shipper
68.
Compensation to shipper for
providing railway equipment
69.
Confidential contract for
the carriage of traffic
70.
Discrimination among
shippers with respect to
rates and conditions of
service
Matters incidental to the
carriage of passengers
71.
General right of persons to
be carried as passengers
72.
Conditions of carriage of
luggage
73.
Liability of a railway
company to a passenger in
respect of accident
74.
Delay to passenger
Matters incidental to the
carriage of goods
75.
General duties of a railway
company as a carrier of
goods
76.
Liability of a railway
company in respect of goods
77.
Notice of loss, damage or
delay
78.
Stoppage in transit
79.
Liability of originating
railway company
80.
Valuation for loss or damage
to goods
81.
Goods of extraordinary value
82.
Liability for dangerous
goods
83.
Unclaimed goods
84.
Railway company not
represented by agent
Offences relating to railway
operations
85.
Threat to safety
86.
Other offences
87.
Dangerous goods
88.
Employee demanding improper
amount
89.
Neglect of duty by employee
of railway company
90.
Drunken employee on railway
facility
91.
Drunkenness on duty
92.
Test for alcohol or drugs
93.
Dismissal of convicted
employee
EnfOrcement
94.
Right to lodge complaint
95.
Fact finding by the
Authority conclusive
96.
Time for making decisions
97.Monitoring
of railway equipment and
compensation for damage 98.
Prohibition of Authority
from operating or managing
railway
Complaints, appeals and
review rules.
99.
Establishment of the Railway
Complaints, Appeals and
Review Panel
100.
Power of Authority to
investigate and decide on
complaint
101.
Power and procedure of the
Panel
102.
Power to request information
and confidentiality
103.
Decision of the Panel
104.
Right to seek review
105.
Rules applicable to review
proceedings
PART
THREE-MISCELLANEOUS
PROVISIONS
Miscellaneous
106.
Regulations
107.
Interpretation
108.
Repeals
109.
Transitional provision
Act 779
THE SEVEN HUNDRED AND
SEVENTY-NINTH
ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF
GHANA
ENTITLED
RAIL-WAYS ACT, 2008
AN ACT to
establish the Ghana Railway
Development Authority, provide
for the operation of railways
and for related matters.
DATE OF
ASSENT: 6th January,
2009.
ENACTED by
the President and Parliament:
PART
ONE-GHANA RAILWAY DEVELOPMENT
AUTHORITY
Establishment, functions and
governing body
Establishment of the Ghana
Railway Development Authority
1. (1) There
is established by this Act a
body known as the Ghana Railway
Development Authority.
(2) The
Authority is a body corporate
with perpetual succession and a
common seal and may sue and be
sued in its corporate name.
(3) The
Authority may for the
performance of its functions
acquire and hold movable or
immovable property and may enter
into a contract or any other
transaction.
(4) Where
there is hindrance to the
acquisition of property, the
property may be acquired for
the Authority under the
State Property Act, 1960
(C.A. 6) or the State Lands
Act, 1962 (Act 125) and the
cost shall be . borne by the
Authority.
Objects and functions of
the Authority
2.
(1) The objects of the
Authority are to
(a)
promote the development
of railways and railway
services, (b) hold,
administer and improve the
Railway Assets; and
(c)
promote the development
and management of suburban
railway.
(2) To
achieve the. objects the
Authority shall
(a)
implement and ensure
compliance with Part Two of
this Act,
(b)
grant licences,
concessions, and leases
which are necessary for the
operation of railways and
railway services and perform
other related functions
including the keeping of a
register of railway
(i)
operations,
(ii)
licensees, and
(iii)
sub-licencees,
(c)
exercise ownership
rights over assets that are
transferred to the Authority
from Railway assets,
"
(d)
set and enforce safety
and security standards for
the construction and
operation of railways in
accordance with this Act,
(e)
regulate and monitor the
activities of licensees,
concessionaires and
operators of railway,
(f)
initiate, conduct,
promote and encourage
studies necessary for the
growth and development of
railways including the
development of master plans
in accordance with the
Schedule to this Act and set
standards,
(g)
oversee the
administration of the
Railway Development Fund and
ensure that the Railway
Development Fund is used for
the purposes set out in
section 23,
(h)
ensure collaboration
with other public, private
or international agencies
necessary for the
performance of its
functions,
(i)
advise the government on
railway matters generally,
0) subject to section
98,
(i) carry
out any transitional
function that is necessary
for the growth and
sustainability of railways,
(ii)
carry out other activities
incidental to its functions,
and
(k)
subject to ministerial
directives, perform the
functions of a railway
regulator.
Ministerial responsibility
3.
(1) The Minister responsible
for railways has ministerial
responsibility for the
Authority.
(2) The
Minister may give directives
to the Authority on matters
of policy and the Authority
shall comply.
Governing body of the
Authority
4.
(1) The governing body of
the Authority is a Board
consisting of (a) a
chairperson,
(b)
one representative each
of
(i) the
Ministry of Ports, Harbours
and Railways, (ii) the
Ministry of Road Transport,
(iii) the
Ministry of Finance and
Economic Planning, (iv) the
Ghana Ports and Harbours
Authority,
(v) the
National Development
Planning Commission, (vi)
the' Ghana Chamber of Mines,
and
(vii) the
Ghana Cocoa Board,
(c)
two persons appointed
from the private sector or
commerce taking gender
balance into consideration
and,
(d)
the Chief Executive
Officer of the Authority.
(2) The
members of the Board shall
be appointed by the
President in accordance with
article 70 of the
Constitution.
Functions of the Board
5. The
Board shall
(a)
ensure the efficient and
effective performance of the
functions conferred on the
Authority under this Act,
(b)
initiate policies for
the proper management of the
Authority, (c) ensure
the sound and proper
management of the Fund set
up under section 22 of this
Act, and
(d)
perform other functions
that are incidental to the
objects of the Authority.
Tenure
of office of members of the
Board
6.
(1) A member of the Board,
shall hold office for a
period of not more than
three years and is eligible
for re-appointment.
(2)
Subsection (1) does not
apply to the Chief Executive
Officer. (3) A member of the
Board may at any time resign
from office in writing
addressed to the President
through the Minister ..
(4) A
member of the Board other
than the Chief Executive
Officer who is absent from
three consecutive meetings
of the Board without
reasonable cause ceases to
be a member of the Board.
(5) The
President may by letter
addressed to a member revoke
the appointment of that
member.
(6) Where
a member of the Board is,
unable to act as a member,
the Minister shall determine
whether the inability would
result in the declaration of
a vacancy.
(7) Where
there is a vacancy
(a)
under subsection (3) or
(4) or section 8(2), or
(b)
as a result of a
revocation of appointment
under subsection (5), or
(c)
by reason of the death
of a member,
the
Minister shall notify the
President of the vacancy,
and the President shall in
accordance with article 70
of the Constitution appoint
a person to fill the
vacancy.
Meetings of the Board
7.
(1) The Board shall meet at
least once every three
months for the dispatch of
business at the place and
time determined by the
chairperson.
(2) The
chairperson shall at the
request in writing of not
less than one third of the
membership of the Board
convene an extraordinary
meeting of the Board at the
place and time determined by
the chairperson.
(3) The
quorum at a meeting of the
Board is six members of the
Board.
(4) The
chairperson shall preside at
meetings of the Board and in
the absence of the
chairperson, a member of the
Board elected by the members
present from among their
number shall preside.
(5)
Matters before the Board
shall be decided by a
majority of the members
present and voting and in
the event of an equality of
votes, the person presiding
shall have a casting vote.
(6) The
Board may co-opt a person to
attend a Board meeting but
that person shall not vote
on a matter for decision at
the meeting.
(7) The
proceedings of the Board
shall not be invalidated by
reason of a vacancy among
the members or a defect in
the appointment or
qualification of a member ..
(8)
Subject to this section, the
Board may determine the
procedure for its meetings.
Disclosure of interest
8.
(1) A member of the Board
who has an interest in a
matter for consideration by
the Board shall disclose in
writing the nature of that
interest and is disqualified
from participating in the
deliberations of the Board
in respect of that matter.
(2) A
member who contravenes
subsection (1) ceases to be
a member of the Board ..
Establishment of committees
9.
(1) The Board may establish
committees consisting of
members of the Board or
non-members or both to
perform a function.
(2)Where
a member of the Board is on
a committee, that member
shall be the. chairperson of
the committee.
Allowances
10.
Members of the Board and
members of a committee of
the Board shall be paid the
allowances approved by the
Minister in consultation
with the Minister
responsible for Finance.
Further roles
11.
The Board may make
further rules in respect of
(a) the sittings of
the Board and its work, and
(b)
the manner of and
procedures for dealing with
matters and business before
the Authority, including an
application or complaint
filed with it in respect of
any of its functions or
object.
Administration and staff of
the Authority
Divisions of the Authority
12.
(1) The Authority shall
have divisions and units
that are necessary for the
efficient performance of its
functions.
(2) In
the setting up of divisions
and units the Authority
shall be guided by the need
to
(a)
promote the development
and planning of railways,
(b) set and maintain
high safety and security
standards in all aspects of
the operations of
.
. railways, and
(c)
ensure effective monitoring
and compliance with this Act
and related Regulations.
Chief
Executive Officer
13.
(1) The President shall
in accordance with article
195 of the Constitution
appoint for the Authority a
Chief Executive Officer.
(2) The
Chief Executive Officer
shall hold office on terms
and conditions specified in
the letter of appointment
and shall be appointed for a
term of not more than four
years but is eligible for
re-appointment.
Functions of the Chief
Executive Officer
14.
(1) The Chief Executive
Officer is responsible for
the day to day
administration of the
affairs of the Authority and
is answerable to the Board
for the performance of the
functions of that office.
(2) The
Chief Executive Officer
shall perform any other
function determined by the
Board.
(3) The
Chief Executive Officer may
delegate a function to an
officer of the Authority but
shall not be relieved of the
ultimate responsibility for
the performance of the
delegated function.
Appointment of other staff
15.
(1) The President shall
in accordance with article
195 of the Constitution
appoint for the Authority
other staff that are
necessary for the proper and
effective performance of its
functions.
(2) Other
public officers and officers
of State Enterprises may be
transferred or seconded to
the Authority or may
otherwise give assistance
to it.
(3) The
Authority may engage the
services of advisers on the
recommendations of the
Board.
(4) The
President shall on the
recommendations of the Board
appoint a secretary to the
Board who shall perform such
functions as the Board may
direct.
Finances of the Authority
Funds of the
Authority
16.
(1) The funds of the
Authority include
(a)
fees for licences and
other charges relating to
its functions, (b)
donations, loans and grants,
and
(c)
any other moneys that
are approved by Parliament.
(2) The
expenses of the Authority
including remuneration of
employees, allowances to
members of the Board and the
other administrative
expenses of the Authority
shall be paid by the
Authority from the funds
provided for the Authority
under this section.
(3) Where
the Authority has any amount
remaining to its credit
after it has made provision
for
(a)
the payment of salaries,
allowances and other
administrative
and
management expenditure,
(b) depreciation of
asset,
(c)
repayment of loan,
interest, and (d)
contingency,
in any
financial year, the
Authority shall transfer to
the Consolidated Fund a
proportion of the credit
that the Minister for
Finance may in writing
direct after consultation
with the Minister and the
Board.
(4)
Subsection (3) does not
apply to the Ghana
Development Fund established
under section 22.
Loans,
bank accounts and
investments
17.
(1) Subject to article
181 of the Constitution and
the Loans Act, 1970 (Act
335) the Authority may
obtain loans and credit
facilities that the
Authority requires for the
implementation of its
functions.
(2) The
Authority may with the
approval of the Minister for
Finance borrow, by way of
overdraft or otherwise, sums
that it may require to meet
its current obligations or
perform its functions under
this Act.
(3) The
Board may with the approval
of the Minister for Finance
open bank accounts that the
Board considers necessary,
except that a bank account
opened outside the country
shall be subject to article
183 (2)(b) of the
Constitution.
(4) The
Authority may make
investments that the Board
considers necessary except
that any returns on
investments shall be paid
only into the Railway
Development Fund.
Annual
budget of Authority
18.
(1) The Authority shall,
not later than three months
before the end of each
financial year, cause to be
prepared and submitted to
the Minister for the
approval of Parliament, an
annual budget in respect of
the ensuing financial year
comprising estimates of
expected recurrent and
capital expenditures in that
financial year.
(2) The
estimates shall clearly
indicate expenditure from
the Fund in a separate
section and indicate the
purpose of the expenditure.
(3) Estimates for the Fund
shall be in accordance with
section 27 and comply with
section 23 to 29.
Accounts and audit
19.
(1) The Board shall keep
books of account and proper
records in relation to them
in a form approved by the
Auditor-General.
(2) The
Board shall submit the
accounts of the Authority to
the Auditor-General for
audit within three months·
after the end of the
financial year.
(3) The
Auditor-General shall not
later than three months
after the end of the
financial year, audit the
accounts and forward a copy
of the audit report to the
Minister.
(4) The
Internal Audit Agency Act,
2003 (Act 658) shall apply
to this Part.
(5) The
financial year of the
Authority shall be the same
as the financial year of the
Government.
Tax
exemption
20.
The Authority is hereby
exempted from payment of tax
on the chargeable income
from its operations.
Annual
report and other reports
21.
(I) The Board shall
within one month after the
receipt of the audit report,
submit an annual report to
the Minister covering the
activities and the
operations of the Authority
for the year to which the
report relates.
(2) The
annual report shall include
the report of the
Auditor-General. (3) The
Minister shall, within one
month after the receipt of
the annual report, submit
the report to Parliament
with a statement that the
Minister considers
necessary.
(4) The
Board shall also submit to
the Minister any other
report which the Minister
may require in writing.
Railway Development Fund and
other provisions
Establishment of the
Railway Development Fund
22.
There is established
under this Act a Railway
Development Fund.
Object
of the Fund
23.
The object of the Fund
is to
(a)
finance the development
of railways and to provide
for expenditure directly
related to the development
of railways,
(b)
finance the development
and improvement of railway
assets including the
development of new railways
and the preservation or
improvement of the value of
existing assets,
(c)
defray the costs and
expenses incurred by the
Authority in preparing any
report or master-plan, and
(d)
pay for the costs of
acquiring assets.
Sources of money for the
Fund
24.
The sources of money for
the Fund are
(a)
moneys received by the
Authority from the disposal
of assets, (b)
proceeds received by the
Authority from investments,
(c)
moneys provided by the
Minister for Finance with
the approval of Parliament
for the Fund or for a
specific project under the
Fund,
(d)
levies approved by
Parliament,
(e)
loans granted for the
purposes of the Fund, and
(f)
grants, gifts and income
from other sources received
for the purpose of the Fund.
Management of the Fund
25. (1) The Board shall
be responsible for the
management' of the
•
Fund.
(2)There
is hereby established a Fund
Committee which shall be
responsible for the day to
day management of the Fund
and shall be answerable to
the Board.
(3) The
Fund Committee shall consist
of one representative of
(a) the Ministry of
Finance,
(b)
the Ministry responsible
for railways, and (c)
the Controller and
Accountant-General,
who shall
not be below the rank of a
director.
(4) The
Fund Committee shall make
recommendations for the
administration and
management of the Fund.
(5) In
furtherance of subsection
(1), the Board shall,
(a)
arrange for the
collection of moneys
assigned to or receivable
by the
Fund,
(b)
identify additional
sources of funding,
(c)
co-ordinate and ensure
total accountability of the
Fund, (d) recommend
to the Minister after
consultation with the
Minister
for Finance additional
sources and level of
payments into the Fund,
(e)
prepare and publish
procedures for the
disbursement of the Fund in
consultation with the
Minister of Finance,
(f)
determine the
expenditure programmes from
the Fund, taking into
consideration the provisions
of this Act and Government
policy, and
(g)
perform other functions
incidental to the
administration of the Fund.
Charges on the Fund
26.
Despite section 23 of
this Act, the Fund shall be
used for
(a)
the development of
railway infrastructure and
related matters,
(b)
railway safety
activities, and
(c)
other relevant matters
determined by the Board.
Annual
programme of expenditure
from the Fund
27.
(1) The Fund Committee
shall prepare for the
approval of the Board, an
annual expenditure programme
for the Fund in respect of
the following financial
year.
(2) The
expenditure programme shall
be prepared at least three
months before the end of
each financial year.
(3) The
annual expenditure programme
shall be in a form and
contain particulars
determined by the Board and
shall include
(a)
the relevant capital
expenditure programme for
the following financial
year,
(b)
reasons for the
expenditure in respect of
each item, and (c)
projections of cash flow
into the Fund for the
following financial year.
(4) The
Board shall in consultation
with the Minister
responsible for Finance
approve the annual
expenditure programme to be
financed from the Fund.
(5) In
preparing and approving
the annual expenditure
programme
the
following shall be
considered:
(a)
policy direction of the
Ministry responsible for
railways; (b) the
affordability of the overall
programme; and
(c)
the adequacy of the
amount allocated for each
item.
Purpose of disbursement of
the Fund
28.
Money from the Fund
shall only be disbursed for
works, goods and services
that form part of the
approved annual expenditure
programme.
Withdrawal procedure
29.
Money may be withdrawn
from the Fund on
presentation of a cheque
signed by
(a)
the chairperson of the
Board and the Executive
Director of the Authority,
or
(b)
the chairperson of the
Board or the Executive
Director of the Authority
and the member of the Board
representing the Minister
responsible for Finance.
Staff
of the Fund
30.
The Board may assign
staff of the Authority that
it considers necessary for
the, management of the Fund
and the staff shall be
account-
able to the Board. ~
Execution of contracts
31.
(1) The use of the seal
of the Authority shall be
authenticated by the
signature of the Executive
Director or another member
of the Board authorised by
the Board to authenticate
the use of the seal.
(2) The
Authority may under its
common seal empower any
person as its attorney to
execute deeds on its behalf
in any place outside Ghana
and a deed signed by the
attorney on behalf of the
Authority and under the seal
of the attorney is binding
on the Authority and has the
same effect as if it were
made under the seal of the
Authority.
(3) An
instrument or contract which
is not required to be under
a seal if executed or
entered into by a person
other than a body corporate
may be executed or entered
into on behalf of the
Authority by the Executive
Director or a member of the
Board previously authorised
by a resolution of the
Board to execute or enter
into that particular
agreement or contract.
Vesting, management and
improvement of the railway
assets
32.
(1) On the commencement
of this Act, assets
belonging to the Ghana
Railway Company Limited
shall vest in the Authority.
(2) The
Authority shall keep and
manage the assets and may
make any improvements that
it considers expedient to
the assets in accordance
with its objects.
(3) The
Authority may sell, grant a
concession, convey, lease,
or otherwise dispose of the
assets on terms and subject
to conditions that the
Authority considers
desirable but ownership of
the right of way of a line
of railway, and all
structures, works and other
enhancements on these shall
at all times remain vested
in the Authority.
Liabilities arising from the
operations of the Ghana
Railway Company Limited
33.
(1) The liabilities
incurred by the Ghana
Railway Company Limited or
any of its predecessors to
any person before the coming
into force of this Act are
assumed by the Authority
subject to the right to
transfer those liabilities
or any portion of them to
any party who has entered
into a contract or other
transaction with the
Authority.
(2) The
Board may advise the
Minister responsible for
Finance and the Minister on
repayment terms in respect
of debts incurred by the
Ghana Railway Company
Limited.
Stay
of arrest in certain cases
34.
Where a person
authorised by the Authority
is in the process of
performing a function
related to the safety of
railways, that person shall
not be arrested and removed
until a substitute is
providea by the appropriate
officer if the removal of
that person might result in
danger to life or property.
Protection of officers
35.
An officer or employee
of the Authority or a person
acting on the directive of
that officer or employee is
not personally liable to a
civil suit for anything done
in good faith for the
purpose of executing this
Act.
Power
to obtain information
36.
(1) The Authority and
the Railway Complaints,
Appeals and Review
Panel established under
section 99, may
.
(a)
by notice in writing,
invite any person to give
information in the form and
manner and within the time
specified in the notice, and
(b)
interview any person and
require that person to
furnish any particulars
that the
Authority requires for the
performance of the functions
of the Authority under this
Act.
(2) The
notice shall include a
general statement of the
purpose for which the
information or response is
required.
(3) A
person who
(a)
fails to respond to a
request from the Authority
made in accordance with this
Act,
(b)
knowingly provides
misleading or false response
or information, or
(c)
wilfully obstructs the
Authority or any officer,
agent or employee of the
Authority in the performance
of a function of the
Authority
commits
an offence and is liable on
summary conviction to a fine
of not more than two hundred
and fifty penalty units or
to a term of imprisonment of
not more than one year or to
both.
(4)
Despite subsection (3), a
person who
(a)
knowingly provides
mi"sleading or false
response or information, or
(b)
wilfully obstructs the
Authority in the performance
of a function of the
Authority in relation to
safety or in respect of a
railway accident or
operation
that
endangers or has the
likelihood to endanger life
or property commits an
offence and is liable on
summary conviction to a fine
of not more than two
thousand and five hundred
penalty units or to a term
of imprisonment of not more
than ten years or to both.
Confidentiality and
prohibition
37.
A member of the Board,
official, employee or agent
of the Authority or a person
whether in the private or
public sector who
(a)
wilfully discloses any
data or information obtained
under section 36 to a
competitor of a railway
operator or to a person not
authorised to receive the
information,
(b)
uses the information
obtained under section 36
directly or indirectly to
the detriment of a railway
operator or for a commercial
purpose including
speculation in any stock,
bond or other security or
any goods or services, or
(c)
otherwise contravenes
section 36,
commits
an offence and is liable on
summary conviction to a fine
of not more than five
hundred penalty units or to
a term of imprisonment of
not more than two years or
to both.
PART
TWO-OPERATION OF RAILWAYS
Licensing and regulation of
railways
Railway licences
38.
(1) A person shall not
construct, manage or operate
a railway, or carry a
passenger or freight by
railway except in accordance
with a railway licence
issued by the Authority.
(2) An
application for a licence to
construct, operate or manage
a railway shall be made to
the Authority.
(3) The
application for the railway
licence shall be in the form
and be accompanied with the
documents and fees
determined by the Authority.
(4) The
Authority may by Regulations
prescribe the requirements
for a railway licence.
(5)
Despite Regulations made by
the Authority, an
application for a railway
licence shall indicate
(a)
the termini and route of
each line of railway
proposed to be operated, and
(b)
the nature of the
services to be provided by a
railway company.
Common
or private carrier
39.
(1) A railway licence
shall specify whether the
company is to operate the
railway as a common carrier
or as a private carrier.
(2) A
company which operates as a
private carrier is exempt
from compliance with
sections 64 to 72 and 75 to
84.
(3) A
company which intends to
operate wholly or in part on
the railway of another
company or on a railway in
which ownership is vested in
the Authority must include
in its application for a
railway licence, (a)
a list showing those
portions of the railway
lines which belong to the
other company or which are
vested in the Authority, and
(b)
a copy of a written
agreement authorising the
railway company to use those
portions of the railway.
Grant
of licence
40.
(1) The Authority shall
(a)
acknowledge receipt of
the application, and
(b)
within a period of not
more than one hundred and
twenty days of receipt of
the application, inform the
applicant in writing of the
decision of the Authority.
(2) The
Authority shall grant a
licence to the applicant
where it is satisfied that
the railway operation in
respect of which the
application is made is
technically suitable for the
service intended to be
rendered.
(3) The
Authority may refuse to
grant an application, where
there are compelling reasons
founded on technical or
economic grounds, national
security, public safety or
other reasonable
justification for doing so.
(4) Where
the Authority refuses to
grant an application, the
reason shall be communicated
to the applicant within
fourteen days after the
decision.
(5) A
person whose application for
a licence is refused may
apply to the Railway
Complaints, Appeals and
Review Panel established
under section 100 for a
review of the decision.
Conditions of licence
41.
(1) A licence granted by
the Authority under this Act
shall be subject to the
conditions specified in the
licence.
(2)
Without limiting the effect
of subsection (1) a railway
licence may require the
railway operator to
(a)
interconnect to another
railway company or to permit
the connection to its
operations or facilities
including stations by
another railway company,
(b)
determine the tariffs,
charges, terms or conditions
that apply to the provision
of the service as specified
in the licence, (c)
publish a notice indicating
the methods that are to be
adopted to determine the
charges, the terms and the
conditions that apply to the
service provided,
(d)
pay the fees determined
by the Authority to the
Authority during the
existence of the licence,
(e)
provide documents,
accounts, estimates, returns
or other information that
the Authority requires to
the Authority, (f)
operate the railway in
accordance with the
standards of performance
prescribed by the Authority,
and
(g)
abide by the terms
specified in the licence
unless written approval is
given by the Authority to do
otherwise.
Condition for transfer of
licence
42.
A licence granted is not
transferable except with the
written approval of the
Authority.
Renewal of licence
43.
(1) A licence granted is
for a period of five years
in each instance and may be
renewed under terms
specified by the Authority.
(2) A
person who desires to renew
the licence shall submit an
application for the renewal
to the Authority not later
than six months before the
licence expires.
(3) The
procedure for the renewal of
the licence is the same as
that for the grant of the
original licence except that
the fees for renewal shall
be lower than that payable
for an original licence.
(4) An
operator who fails to renew
the licence or whose
application for renewal is
rejected by the Authority
shall cease to operate the
railway service.
Power
to suspend, cancel or modify
licence
44.
(1) The Authority may
suspend, cancel or modify a
licence with prior notice to
the Minster if it has good
reason for the cancellation
or modification.
(2) The
Authority shall not suspend,
cancel or modify a licence
under subsection (1) unless
the Authority has given to
the holder of the licence,
(a)
at least a thirty
working days written notice,
in the case of suspension,
or
(b)
at least a ninety days
written notice, cancellation
or modification.
(3) The
notice shall state
(a)
that the Authority
proposes to suspend, cancel
or modify the licence, and
(b)
the reason for the
suspension, cancellation or
modification of the licence.
(4) The
notice shall be given
(a)
by publication in a
manner that the Authority
considers appropriate to
bring the suspension,
cancellation or:
modification to the
attention of a person likely
to be affected by the
notice, and
(b)
by sending a copy of the
notice to the railway
company.
(5) On
receipt of a notice, the
operator may make
representation' to the
Authority.
(6) The
Authority shall consider a
representation or objection
made to it before the
suspension, cancellation or
modification is made.
(7) A
person dissatisfied with a
decision of the Authority in
respect of section 43 or
this section may apply for
review to the Railway
Complaints, Appeals and
Review Panel in accordance
with section 99 to 104.
Construction of railways
Construction without
approval by the Authority
45.
Despite the grant of a
licence, a railway company
shall not construct a
railway line without the
written approval of the
Authority forth construction
of the railway line.
Grant
of approval for construction
of railway line
46.
(1) The Authority may,
grant approval to construct
a railwayIine if it
considers that the location
of the railway line is
reasonable, taking
into consideration the
requirements for railway
operations and service the
interests of the localities
and persons that may be
affected by the line or its
construction.
(2) An
approval for the
construction of a railway
line across the railway line
of another railway company
shall be subject to the
provisions on railway, road
and utility crossings in
sections 52 to 54.
Powers
in relation to natural or
man-made obstacles
47.
(1) A railway company
may exercise the following
powers to construct or
operate its railway
(a)
make or construct
tunnels, embankments,
aqueducts, bridges, roads,
conduits, drains, piers,
arches, cuttings and fences
across or along a railway,
watercourse, canal or road
that adjoins or intersects
the railway;
(b)
divert or alter a
watercourse or the course of
a road, raise or lower the
course in order to move the
course more conveniefitly
across or along the railway;
(c)
make drains or conduits
into, through or under land
adjoining the railway for
the purpose of conveying
water from or to the railway
; or
(d)
divert or alter the
position of a water or gas
pipe, sewer or drain,
telegraph, telephone or
electric line, wire or pole
across or along the railway.
(2) A
-railway company shall limit
the amount of damage and
make good any damage caused
either directly or
indirectly in the
construction of a railway
line.
(3) A
railway company shall pay
com1?ensati?n for any damage
caused to property in the
construction of a railway
line.
1.4) A
railway company shall not
exercise its powers without
(a)
consultation with the
relevant agency responsible
for or connected with the
construction,
(b)
the approval of other
relevant authorities
responsible for giving
specific approval for the
construction, including
(i)
the Environmental Protection
Agency In respect
of an environmental
permit,
(ii) the
Water Resources Commission
in respect of construction
related to water courses,
and
(iii) the
appropriate district
assembly in respect of a
development permit, required
under the Local Government
Act, 1993 (Act 462).
Acquisition
of land for railway purposes
48.
(1) Where the Authority
is satisfied that
(a)
it is necessary for a
railway company to acquire a
particular piece of land for
the construction or
operation of its railway,
(b)
the owner of land has
failed to consent to the
acquisition of a particular
parcel of land by agreement,
despite diligent efforts
made by the railway company,
or
(c)
there is no reasonable
prospect of the land being
acquired by agreement,
the
Authority may take steps to
acquire the land for the use
of the railway company under
the State Lands Act, 1962
(Act 125) and the land shall
vest in the Authority but
the railway company shall
bear part or all of the cost
of the land acquisition
including the compensation
payable to the owner as
determined by the Authority.
(2) The
minimum width of right of
way, which a railway
company may acquire shall
unless the Authority
otherwise prescribes be
thirty meters.
Power
to enter and inspect land
49.
(1) The Authority may,
enter land which is
earmarked or required for
the construction or
operation of a railway for
inspection in order (a)
to establish the
location of the railway,
(b)
mark and delimit the
areas of land required for
the construction or
operation of the railway,
and
(c)
determine the extent of
the work necessary to be
carried out before the
acquisition of a parcel of
land by agreement or by the
Authority.
(2) The
Authority shall exercise the
power to enter and inspect
land after forty-eight hours
notice in writing has been
given to the owner or
occupier of the land ..
Accommodation works on new
lines of railway
50.
(1) A railway company
shall, during the
construction of a railway or
as soon as practicable after
the construction, construct
and maintain accommodation
works for the benefit of the
owners or lawful occupiers
of adjoining lands.
(2) The
accommodation works include
(a)
road crossings, bridges,
culverts, drains or works
that are necessary for the
purpose of making good any
interruption caused by the
construction of the railway,
and
(b)
works which are
necessary to restore the
owner or lawful occupier to
quiet enjoyment of related
facilities including water,
electricity, telephone or
other utilities from or to
adjoining lands.
(3) This
section does not authorise a
railway company to
construct or maintain
accommodation works
(a)
in a manner that
prevents or obstructs the
proper operation of the
railway,
(b)
where the owners or
lawful occupiers or their
predecessors in title have
received compensation
instead of the construction
or maintenance of the
accommodation works, or
(c)
after a period of five
years from the date on which
the railway passing through
the land was first opened
for the public carriage of
passengers or goods.
Additional accommodation
works
51.
(1) If at any time, the
owner or lawful occupier of
land on which a railway is
constructed desires
accommodation works beyond
what has been planned or
constructed by the railway
company under section 50,
the owner or lawful occupier
may request the railway
company in writing to
construct the accommodation
works
(a)
agreed on between the
railway company and the
owner or lawful occupier, or
(b)
if no agreement is
reached, as determined by
the Authority. (2) The cost
of constructing or
maintaining the additional
accommodation works shall
(a)
except for road crossing
or utility crossing be borne
by the owner or lawful
occupier who requires them,
or
(b)
with respect to road
crossing or utility crossing
be borne
(i) by the appropriate
utility or road agency that
requires them,
(ii) by
the railway company, or
(iii) in
a manner determined by the
Authority.
(3) Where
the additional works
required by the owner or
lawful . occupier of land or
an appropriate authority are
as a result of the
insufficiency of the works
undertaken by the railway
company, then the cost
shall, be borne by the
railway company as
determined by the Authority.
Railway, road and utility
crossings
Constructions across a
railway line
52.
(1) A person shall not
(a)
construct a railway line
across the railway line of
another
railway company, or
.
(b)
construct a road or
utility line across a
railway line, or (c)
alter
(i) a
railway line to make that
railway line cross the
railway line of another
company, or
(ii) a
road or utility line to make
that road or that utility
line cross a railway line
.
without
the prior approval in
writing of the railway
company whose railway line
is to be crossed and without
an express approval issued
by the Authority which
permits the construction or
alteration.
(2) Where
the railway company whose
line is to be crossed fails
to give its consent, the
Authority may grant approval
if it is of the opinion that
the construction or
alteration of the line is in
the public interest.
Agreement on construction or
maintenance
53.
If a person is not
successful in negotiating a
written agreement with a
railway company for the
construction, alteration or
maintenance of a railway,
road or utility crossing,
then the Authority may,
authorise the construction,
maintenance or alteration of
the railway, road or utility
crossing on application.
Failure to agree on
apportionment of costs
54.
(1) If a person is not
successful in negotiating a
written agree-
ment with
a railway company in
relation to
(a)
the apportionment of the
costs of construction,
(b) alteration or
maintenance of a railway, or
(c)
road or utility
crossing,
the
person or the railway
company may refer the
apportionment of liability
for the construction or
maintenance costs of the
railway, road or utility
crossing to the Authority
for determination.
(2) The
referral may be made either
before or after the
construction, alteration or
maintenance of the crossing
begins.
(3) Where
the Authority is to
adjudicate a referral, the
Authority shall take into
consideration,
(a)
the relative benefits
that the person requesting
the crossing and the railway
company stand to gain from
the crossing, and
(b)
any other factor that it
considers relevant in the
circumstances to determine
the proportion of
construction, alteration or
maintenance costs to be
borne by each party.
(4) A
person dissatisfied with a
decision of the Authority
under section 53 and this
section may apply to the
Railway Complaints, Appeals
and Review Panel for a
review of the decision.
Running rights and Joint
track usage for railway
companies
Running rights and joint
track usage
55.
A railway company may in
furtherance of the provision
of railway services apply to
the Authority for the right
to
(a)
take possession of, use
or occupy land which belongs
to another railway company,
(b)
use the whole or any
portion of the right-of-way,
tracks, terminals, stations
or station grounds of
another railway company, or
(c)
run and operate its
trains over and on any
portion of the railway of
another railway company.
Grant
of approval
.56.
(1) The Authority may
grant the right under
section 55, in the public
interest and may make an
order and impose a condition
on either or both railway
companies with respect to
the restriction of the right
as may appear just or
desirable.
(2) Where
the right is granted to a
railway company
(a)
the railway company to
whom the right is granted
shall pay compensation to
the other railway company
for the right granted,
(b)
the Authority may, fix
the amount to be paid by
order, if no agreement is
reached on the compensation,
(c)
where a railway company
is dissatisfied with the
amount fixed by the
Authority, that company may
appeal to the Railway
Complaints, Appeals and
Review Panel.
Safety
Power
of railway company to enter
land adjoining railway line
57.
(1) A railway company
may, in order to prevent a
threat to safe railway
operations or to restore
safe railway operations,
(a)
enter land adjoining the
land on which the railway is
situated, if no other
reasonable access to the
railway line is available,
to maintain or alter railway
works, a road crossing or
utility crossing or remove
obstructions to them, or
(b)
enter adjoining land at
any reasonable time, on
giving notice in writing to
the owner or lawful occupier
of the adjoining land, to
cut down trees or bush that
are likely to threaten safe
railway operations.
(2) The
railway company shall within
seven days of exercising its
power under subsection (1)
notify the Authority of the
specific action taken and
the circumstances which led
to it.
(3) The
Authority may take any
appropriate action to (a)
prevent a threat to life
or property,
(b)
ensure the safety and
security in relation to
railway construction,
operations and management,
and
if it is
convinced that a railway
company has neglected to
take the appropriate action
or has not done so to the
satisfaction of the
Authority.
(4) Where
the Authority takes action,
the cost of the action shall
be paid by the railway
company responsible for the
neglect or unsatisfactory
action.
(5) A
railway company dissatisfied
with the action, decision or
reimbursable amount fixed by
the Authority may appeal to
the Railway Complaints,
Appeals and Review Panel.
Compensation
58.
(1) Where the owner or
lawful occupier of adjoining
land suffers a loss because
a railway company has
exercised a power conferred
by section 57, the railway
company shall pay
compensation to that owner
or lawful occupier in
respect of that loss.
(2) If
the railway company and the
owner or lawful occupier are
unable to reach an agreement
on the quantum of
compensation, the matter
shall be referred to the
Authority for determination.
(3) The
payment of compensation
shall not be a condition
precedent to the exercise
of the power under section
57.
(4) The
Authority shall ensure that
any compensation due is paid
to the person who has
suffered the loss.
Regulations for
construction, alteration,
maintenance and others
59.
The Minister may by
legislative instrument make
Regulations for the
construction, alteration,
maintenance, safety or
operation of railway works,
road crossings, utility
crossings, and the
maintenance and operation
of railway equipment.
Appointment of Railway
Safety and Security
Inspectors
60.
(1) Subject to section
15, the Authority shall
appoint Railway Safety and
Security Inspectors from
among its staff.
(2) The
Authority shall prescribe
the qualification of a
Railway Safety and Security
Inspector.
(3)
Notice of the appointment of
each Railway Safety and
Security Inspector shall be
published in the Gazette.
(4) A
Railway Safety and Security
Inspector shall
(a)
enforce this Act and the
Regulations made under this
Act, and
(b)
perform any other
function that the Authority
directs in· relation to the
safety and protection of
passengers or goods carried
by railway.
Powers
of Railway Safety and
Security Inspector
61.
(1) A Railway Safety and
Security Inspector may
(a)
enter, inspect and
examine the premises of a
railway company at
reasonable times,
(b)
interrogate and take
written statements from an
employee or agent of a
railway company,
(c)
make inquiries regarding
the state and condition of a
building, railway works,
railway equipment or other
things used, or intended to
be used for, or in
connection with the carriage
of passengers or freight by
railway, and
(d)
by notice in writing
addressed to the railway
company require an employee
or agent of the railway
company
(i) to
appear personally to provide
answers to inquiries that
the inspector may make from
the employee or agent, or
(ii) to
submit returns determined by
the Inspector.
(2) A
Railway Safety and Security
Inspector is not personally
liable for an act or
omission in good faith by
that Inspector in the
exercise of the powers of an
Inspector under this Act.
Accident
Reporting of railway
accidents
62.
(1) Where an accident
occurs in the course of the
operations of a railway
company that railway company
shall immediately report the
accident to the Police and
give notice of the accident
to the Authority. (2) In
this section and section 63,
'accident' means an
unexpected and unpleasant
event that
(a)
causes harm or injury to
a person or damage to
equipment or property as a
result of railway
operations,
(b)
affects the safety and
security of a person or
property connected to
railway operations.
Inquiry into an accident
63.
(1) The Authority may order
an inquiry into an accident.
(2)
Expenses incurred in
connection with an inquiry
shall be paid in equal
shares by
(a)
the Authority, and
(b)
the railway company on
whose railway the accident
occurred.
Tariffs and rates
Rates
to be charged
64.
Subject to section 69, a
railway company shall charge
the rate for the carriage of
passengers or freight that
is set out in a tariff
approved by the Board and
issued and published by that
railway company.
Minimum information on
tariff
65.
The following
information shall be
included in a tariff: (a)
a statement of the
rates, in local currency for
each
(i)
designated unit of weight or
volume, for each type of
freight,
(ii)
service rendered, or (iii)
passenger;
(b)
a brief description of
the category of traffic that
is transported;
(c)
the point of origin and
point of destination of any
traffic; (d) a
description of the route
over which a rate applies,
or a reference to a routing
guide to describe that
route;
(e)
the date of issuance,
commencement and expiration
of the tariff;
(f)
terms and conditions of
the tariff or an explanation
with reference to where the
terms and conditions can be
found; and
(g)
an explanation of the
symbols or abbreviations
used in the tariff.
Other
requirements in relation to
tariff
66.
(1) A railway company
shall publicly display in a
prominent manner the
applicable tariff in
conspicuous writing at its
offices and railway
stations.
(2) A
railway company shall
provide a copy of the
tariff, or any portion of
it, to any person who
requests for it and pays a
fee which shall not be more
than the cost of making the
copy.
(3) A
railway company shall keep a
record of the tariff for at
least three years after its
cancellation ..
(4) Where
a railway company proposes
to increase its rates in a
tariff for the carriage of
freight and passengers the
company shall publish a
notice of the' increase at
least twenty-one days before
the effective 'date of the
increase.
(5) The
notice ofthe increased rate
shall be displayed in
conspicuous writing and in a
prominent manner in a public
place at the offices and
railway stations of the
company.
Request for tariff by
shipper
67.
(1) A railway company
shall issue a tariff in
respect of the movement of
traffic on its railway line
at the request of a shipper,
not later than thirty days
after the request.
(2) If
traffic is to move over a
continuous route and
portions of the route are
operated by two or more
railway companies, the
companies shall, agree on a
joint tariff for the
continuous route and on the
apportionment of the rate in
the joint tariff.
Compensation to shipper for
providing own railway
equipment
68.
Where a shipper provides
railway equipment for the
carriage by a railway
company of the shipper's
traffic, the railway company
shall, at the request of the
shipper, establish in the
tariff specific compensation
for the provision of the
railway equipment by the
shipper.
Confidential contract
for the carriage of
traffic
69.
A railway company may
enter into a contract with a
shipper to keep confidential
(a)
the rates that the
railway company charges the
shipper,
(b)
the reductions or
allowances pertaining to
rates and tariff that have
been issued and published in
accordance with this Act,
(c) rebates or
allowances pertaining to
rates in tariff or
confidential contracts that
have previously been
lawfully charged,
(d)
conditions relating to
the traffic to be moved by
the railway company, and
(e)
the manner in which the
railway company fulfils its
service , obligations.
Discrimination among
shippers with respect to
rates and conditions of
service
70.
(1) Subject to
subsection (2) a railway
company shall not unjustly
(a) discriminate
among shippers or a class of
shippers,
(b)
give undue or
unreasonable preference to a
shipper or a class of
shippers, or
(c)
subject a shipper, or
class of shippers to
unreasonable . disadvantage,
in terms of rates charged or
services rendered.
(2) A
railway company may
implement policies that
differentiate shippers or
classes of shippers on the
basis of the volume or value
of goods shipped or on any
basis that is generally
accepted by commerce and
industry.
Matters incidental to
carriage of passengers
General right of persons
to be carried as passengers
71.
A person who has
tendered to an authorised
employee of the railway
company the proper fare for
a ticket, is entitled to
obtain that ticket and to be
carried as a passenger by
the railway company in
accordance with the
conditions subject to which
that ticket is issued, if
(a)
there is room available
in the train or vehicle of
the class for which that
ticket is issued,
(b)
in the opinion of the
authorised employee of the
railway company the person
who tendered the fare for a
ticket does not appear to be
(i)
suffering from mental
disorder,
(i)
suffering from contagious or
an infectious disease, or
(ii) under the influence of
alcohol or drugs to an
extent
that is
likely to be a nuisance or
cause injury to other
persons, and
(c)
the person who tendered
the fare for the ticket has
not contravened the
conditions of carriage for
passengers including
restrictions
(i) that
may be imposed by the
company, and
(ii)
relating to the carriage of
loaded firearms and
offensive weapons.
Conditions of carriage of
luggage
72.
(1) A passenger who pays
the appropriate tariff rate
may deliver the luggage of
that passenger to an
authorised employee for
carriage by the railway
company in the appropriate
part of the train or railway
vehicle and obtain a
receipt for the luggage
delivered.
(2) Luggage shall be carried
by a railway company on
conditions made known to the
passenger and the conditions
shall include the provision
that
(a)
unless the luggage is
delivered to an employee of
the railway company for
carriage the luggage is
carried at the risk of the ,
passenger, and
(b)
the provisions in this
Act in respect of the
carriage of goods apply.
Liability of a railway
company to a passenger in
respect of accident 73.
(1) A railway company is
liable for loss or damage
suffered because of the
death of, personal injury
to, or any other bodily or
mental harm to a passenger
caused by an accident
through
(a)
the operation of the
railway, or
(b)
the want of care,
diligence and skill on the
part of its employees
where the
passenger is in, entering or
alighting from a train or a
railway vehicle.
(2) A
railway company is liable
for loss or damage from the
total or partial loss of
luggage and personal
articles belonging to an
accident victim.
(3)
Despite subsections (1) and
(2), a railway company is
not liable if the loss,
damage, death, injury or
harm resulted from
circumstances arising from
the fault of the injured
party or to circumstances
over which the railway
company has no control.
Delay
to passenger
74.
A railway company is not
liable for loss from the
delay to a passenger caused
(a)
by the failure of a
train or vehicle to start or
complete a Journey, or
(b)
by the late start or
late arrival of a train or
vehicle.
Matters incidental to the
carriage of goods
General duties of a railway
company as a carrier of
goods
75.
(1) A railway company
which receives payment of
the rate for traffic shall
provide adequate and
suitable accommodation
(a)
to receive and load the
traffic offered for carriage
on the
railway,
(i) at
the point of origin,
(ii) at
the junction of the railway
with another railway, (iii)
at all stopping points
established for that
purpose, and
(b)
for the carriage,
unloading and delivery of
the traffic and shall
receive, carry and deliver
the traffic.
(2) The
railway company, on receipt
of the payment of the rate
for traffic shall provide
(a)
and use proper
appliances, and other
necessary means to receive,
load, carry, unload and
deliver the traffic; and
(b)
any other service
incidental to transportation
that is customary with the
business of a railway
company.
(3) A
railway company shall
provide the services
specified in subsections
(1) and (2) despite the fact
that the rate for the
traffic has not been paid,
if there is an agreement
which permits payment for
the traffic to be made after
the delivery of the service
between the railway company
and the person who submits
the traffic.
(4) A
railway company is exempted
from the performance of its
obligations under subsection
(1) where
(a)
the shipper does not
comply with the conditions
set out in the applicable
tariff, or
(b)
carriage is prevented by
circumstances which the
railway company cannot avoid
and which the railway
company is not in a position
to remedy.
Liability of a railway
company in respect of goods
76.
(1) A railway company is
not liable, for loss of or
damage to goods in its
possession or for the delay
in the transportation of the
goods if the loss or damage
is as a result of
(a)
an act of God,
(b)
an act of war or an act
of an enemy of the Republic,
(c)
orders or restrictions
imposed by the Government or
a
department or agency of the
Government, (d) riots
or civil disorder,
(e)
a defect in the goods,
or
(f)
any act, negligence or
omission of the shipper or
owner of the goods.
(2)
Despite subsection (1), a
railway company is liable
for the loss of or damage to
goods that occurs during the
transportation of the goods
if the loss or damage
is as a result of the
negligence or recklessness
of the railway company.
(3) The
loss of or damage to goods
include (a)
shrinkage, and
(b)
the differences in
weight of grain, seed or any
other commodity caused by
natural causes.
(4)
Subject to subsection (5),
where goods are transported,
stored or held in open cars
in accordance with general
practice or at the shipper's
request, the railway company
is liable only for
(a)
loss of or damage to
those goods, or
(b)
the delay in the
transportation of those
goods caused by the
negligence of the railway
company.
(5) If
the goods are lost or
damaged because of fire, the
railway company's liability
is the same as for goods
that are transported in
closed cars.
(6) The
onus ofpraving that there
was no negligence in respect
of goods is on the railway
company.
Notice
of loss, damage or delay
77.
A railway company is not
liable for the loss of or
damage to or delay in the
delivery of goods unless a
written notice of the loss
or damage is received by the
originating railway company
or delivering carrier within
one hundred and twenty days
after the delivery of the
goods.
Stoppage in transit
78.
(1) A railway company is
not liable for loss of or
damage to goods or for delay
that occurs while goods are
stopped and held in transit
at the request of a person
who is entitled to make the
request except where a
railway company is
negligent.
(2) The
onus of praving that there
was no negligence or delay
in respect of the goods
while the goods were held in
transit is on the railway
company.
Liability of originating
railway company
79.
(1) Where the
transportation of goods
involves more than one
carrier, an originating
railway company is liable
for loss of or damage to
goods or for delay in
respect of the goods while
the goods are in the
possession of another
carrier to whom goods have
been delivered.
(2) The
onus of praying that loss of
or damage to goods or delay
in respect of goods was not
caused by an act, negligence
or omission of a carrier to
whom the goods have been
delivered is on the
originating railway
company.
(3) The
originating railway company
may recover from another
carrier the amount paid by
the originating railway
company in respect of
liability for loss of or
damage to goods while those
goods were in the possession
of that other carrier.
(4)
Nothing in this section
limits or affects a remedy
or right of action a person
may have against a carrier.
Valuation for loss or damage
to goods
80.
(1) The amount of loss
of or damage to goods for
which a railway company is
liable in respect of the
transportation of goods
shall be determined by the
computation of
(a)
the market value of the
goods at the time of their
shipment, (b) other
costs incurred including
freight,
(c)
other charges that
affect the value of the
goods, if paid, (d)
the customs duties if paid
or payable and not
refundable, (e) the
value represented in writing
by the shipper,
(f)
the value agreed to by
the railway company and the
shipper, and
(g)
the value determined in
accordance with the tariff
classification of the goods
on which the rate is based.
(2)
Despite subsection (1), the
Authority may by
Regulations, set out the
limit on liability for loss
of or damage to goods where
the value of the goods is
not declared.
Goods
of extraordinary value
81.
A railway company is not
liable for the loss of or
damage to goods of
extraordinary value that the
railway company transports
if the shipper of the goods
does not disclose in writing
the value of the goods to
the railway company or the
railway company's agent
before shipping.
Liability for dangerous
goods
82.
(1) A railway company is
not liable for loss or
damage caused to explosives
or other dangerous goods, if
the shipper of the goods
does not disclose in writing
to the railway company or
the railway company's agent
the nature of the goods
before shipping.
(2)
Despite subsection (1), the
railway company and the
shipper are jointly and
severally liable to third
parties for loss or damage
caused by explosives or
other dangerous goods
carried by the railway
company and it is for the
railway company to seek
compensation from the
defaulting shipper after it
has compensated the third
party.
Unclaimed goods
83.
(1) Where goods come
into the possession of the
railway company for
carriage or otherwise and
are not claimed by the owner
or other person who appears
to the railway company to be
entitled to the goods, the
railway company shall cause
a notice in printed or
electronic form to be served
on that owner or person
requiring that owner or
person if known to remove
the goods.
(2) Where
(a)
that owner or person is
not known,
(b)
the notice cannot be
served on that owner or
person, or
(c)
that owner or person
does not comply with the
notice,
the
railway company may within a
reasonable time sell the
goods in accordance with the
commercial value and shall
pay to the person legally
entitled to the payment any
surplus remaining after the
deduction of the sum due to
the railway company and
expenses incurred by it in
connection with the sale of
the goods.
(3) Where
the person entitled to
receive the goods or notice
is known or the railway
company is in a position to
serve notice on the person
entitled to receive the
goods, the railway company
shall not sell the goods
unless at least five working
days have elapsed since the
notice was served on the
person entitled to the goods
or notice.
Railway company not
represented by agent
84.
(1) Where a railway
company transports goods in
carloads from a private
siding, station, wharf or
landing at which there is no
agent of the railway
company, the goods are at
the risk of the owner until
the railway company removes
the car from the private
siding, station, wharf or
landing and after that, the
BOods are at the risk of the
railway company.
(2) Where
a railway' company
transports goods in carloads
to a private siding,
station, wharf or landing at
which there is no agent of
the railway company, the
goods are at the risk of the
railway company until the
goods are placed on the
delivery siding at the
private siding, station,
wharf or landing.
Offences relating to railway
operations
Threat
to safety 85. (1) A
person
(a)
whose wilful, negligent,
reckless conduct or omission
(i)
obstructs or causes any
train or vehicle using a
railway line, to be
obstructed, or
(ii)
endangers or causes the safety
of a person in or on a train or
vehicle using a railway line, to
be endangered, or
(b)
who aids, assists, counsels or
procures the act or omission
under
paragraph (a)
commits an
offence and is liable on summary
conviction to a fine of not more
than two thousand and five
hundred penalty units or to a
term of imprisonment of not more
than ten years or to both.
(2) A person
who, intentionally (a)
uses any material, .
(b)
does any work, or
(c)
conceals any defect,
in relation
to railway that endangers or is
likely to endanger the safety of
a person who
(d)
uses the railway, or
(e)
who is on board a train or any
vehicle which uses the railway,
commits an offence and is liable
on summary conviction to a fine
of not more than two thousand
and five hundred penalty units
or to a term of imprisonment of
not more than ten years or to
both.
(3) A person
who intentionally or negligently
supplies for use on board a
train or in connection with a
railway, stores or instruments
(a) of
inferior quality, or
(b) in
a condition which makes them
unfit for the purposes for
which those
stores or instruments are
supplied,
and which are
likely to endanger life, commits
an offence and is liable on
summary conviction to a fine of
not more than seven hundred and
fifty penalty units or to a term
of imprisonment of not more than
three years or to both.
(4) A person
who in relation to a railway
(a)
knowingly causes the safety of
an engine, carriage, or train to
be endangered, with intent to
cause harm or danger to a
person, or
(b)
carries out or assists in an act
of terrorism on a train or in
connection with railway
operation
commits an
offence and is liable on trial
by indictment to a term of
imprisonment of not less than
seven years.
(5) A person
who unlawfully interferes with
or obstructs the working of a
signal, or other apparatus or
thing which is used or
maintained for the safety of
railway operation, commits an
offence and is liable on summary
conviction to a fine of not more
than seven hundred and fifty
penalty units or to a term of
imprisonment of not more than
three years or to both.
Other
offences
86.
(1) A person who
unlawfully
(a)
places, or throws wood,
stone or other matter or
thing, on or across a
railway line,
(b)
removes or displaces a
rail, sleeper or other
matter or thing connected to
a railway line,
(c)
removes or diverts
points or other machinery
belonging to a railway
company,
(d)
makes or shows, hides or
removes a signal or light on
or near to arailway line,
(e)
does or causes to be
done any thing with intent
to
(i)
obstruct, upset, overthrow,
damage or destroy a train or
vehicle which uses a railway
line ,or
(ii)
endanger the safety of a
person traveling by railway,
(f)
throws or causes wood,
stone or other matter to
fall or strike at, against,
into or on a train or
vehicle used on a railway
line with intent to injure
or endanger the safety of a
person on the train or
vehicle,
(g)
sets fire to, destroys
or damages
(i) a
railway track, or rail and
attachments laid on the
railway track or rail,
(ii) a
station, engine house,
warehouse or other building,
or
(iii) a
train, or vehicle
which
belongs to or is part of the
railway,or
(h)
sets fire to any matter
or thing which is against or
under a
"building, train or vehicle
belonging to a railway
company commits an offence
and except as provided in
subsection (2) is liable on
summary conviction to a fine
of not more than two
thousand and five hundred
penalty units or to a term
of imprisonment of not more
than ten years or to both.
(2) A
person who commits an
offence under subsection (I)
(b), (e) or (g)
is liable on trial by
indictment to a term of
imprisonment of not less
than seven years.
(3) A
person who
(a)
enters or leaves or
attempts to enter or leave a
train while it is in motion,
or opens an outer door of a
coach on a train while it is
in motion,
(b)
at any time enters or
leaves or attempts to enter
or leave a train otherwise
than by the door provided
for the purpose on the side
of the train adjacent to the
platform or any other
similar place appointed by
the Authority,
(c)
travels in the part of a
train not intended for the
use of passengers, or
(d)
spits on the floor of a
carriage or compartment of a
train,
or on a
station building or public
place on a railway, commits
an offence and is liable on
summary conviction to a fine
of not more than two hundred
and fifty penalty units or
to a term of imprisonment of
not more than twelve months
or to both.
Dangerous goods
87.
(1) A person who
(a)
takes explosives or
other dangerous goods on to
a train or vehicle of a
railway company, or
(b)
delivers explosives or
dangerous goods to a railway
company
for
carriage or warehousing,
and who
fails to disclose possession
of the explosives or
dangerous goods, commits an
offence and is liable on
summary conviction to a fine
of not more than two
thousand and five hundred
penalty units or to a term
of imprisonment of not more
than ten years or to both.
(2) A
person who is convicted of
an offence under this
section is also liable for
the loss, injury or damage
caused because of the goods
being taken on the train or
vehicle or delivered to the
railway company for carriage
or warehousing.
Employee demanding improper
amount
88.
An employee of a railway
company who demands,
solicits or receives a
greater or lesser amount
than that charged by the
railway company for the
service or other thing of
value
(a)
from a passenger or
shipper delivering goods to
the railway company for
carriage or warehousing,
(b)
from a person making use
of the facilities provided
by the railway company;
commits
an offence and is liable on
summary conviction to a fine
of not more than two hundred
and fifty penalty units or
to a term of imprisonment of
not more than one year or to
both.
Neglect of duty by employee
of railway company
89.
(1) An employee of a
railway company who causes,
aids or abets a situation
(a)
which leads to or is
likely to lead to the
occurrence of a derailment
or to a collision of a train
or vehicle of a railway
company, or
(b)
in which the safety and
security of a person
travelling by or
working
on the railway is or is
likely to be endangered,
commits an offence and is
liable on summary conviction
to a fine of not more than
two thousand and five
hundred penalty units or to
a term of imprisonment of
not more than five years or
to both.
(2) An
employee of a railway
company who
(a)
refuses or willfully
neglects to carry out that
employee's duties,
(b)
carries out that
employee's duties recklessly
or with gross negligence, or
(c)
willfully disregards a
regulation, lawful order,
directives or rules applying
to or given to that
employee,
shall be
subject to disciplinary
proceedings by the railway
company.
Drunken employee on railway
facility
90.
An employee of a railway
company who is found to be
under the influence of
alcohol or a narcotic drug
while on duty
(a)
on a train or vehicle of
the railway company, or
(b) on a railway engine
or in a guard's van,
commits
an offence and is liable on
summary conviction to a fine
of not more than two hundred
and fifty penalty units or
to a term of imprisonment of
not more than twelve months
or to both.
Drunkenness on duty
91.
An employee of a railway
company who is found to be
under the influence of
alcohol or narcotk drug
while on duty and
responsible for (a)
the movement of traffic,
(b)
the operation or
maintenance of railway
signalling or
communication equipment,
(c) part of the
permanent way,
(d)
the repair of a train or
vehicle,
(e)
a train or vehicle of a
railway company,
(f)
a railway engine,
(g)
guarding a railway van,
or
(h)
any railway duty, the
performance of which the
safety and
security
of other persons depend
commits
an offence and is liable on
summary conviction to a fine
of not more than five
hundred penalty units or a
term of imprisonment of not
more than two years or both.
Test
for alcohol or drugs
92.
(1) An employee of a
railway company who is
suspected of being under the
influence of alcohol or a
narcotic drug shall be
required to undergo a test
by the Railway Safety and
Security Inspector, a police
officer or an appropriate
enforcement officer
qualified to carry out that
function.
(2) A
person shall be taken to be
under the influence of
alcohol where the alcohol
concentration in that
person's blood or breadth as
shown by any competent
medical evidence or any
other competent evidence is
0.08 percent or more when
measured within two hours of
the time of operating or
attempting to operate a
train. '
.
Dismissal of convicted
employee
93.
An employee of a railway
company who is convicted of
an offence under this Act
shall be dismissed from the
service of the railway
company.
Enforcement
Right
to lodge complaint
94.
(1) A person
dissatisfied with any act or
omission of the Authority
may lodge a complaint with
the Authority for redress.
(2) The
Authority on receipt of a
complaint under subsection
(1) may make an order to
grant the relief requested
and grant further or other
relief as the Authority
considers just and
appropriate.
(3) The
decision of the Authority
under subsection (1) is
subject to sections 99 to
104.
Fact
finding by the Authority
conclusive
95.
A finding or
determination of the
Authority on a question of
fact iri the course of
implementing this Act is
subject to appeal or review
under section 100 to 104 and
beyond that to the court.
Time
for making decisions
96.
Where the Authority
receives a complaint it
shall determine the matter
within fourteen days unless
an extension is made on
application by either or
both parties to the
complaint.
Monitoring of railway
equipment and compensation
for damage
97.
(1) The Authority may
monitor the use of railway
equipment to determine the
standard of the railway
equipment as well as its
performance.
(2) Where
a railway company operates
railway equipment in a
manner that causes damage to
the equipment or to the
operations of another
railway company, the matter
may be referred by either
party to the Authority which
shall determine the matter
and award compensation that
the Authority considers just
and fair to the aggrieved
person.
(3) Where
the operations of a railway
company causes damage to an
equipment or asset of the
Authority, the company shall
restore the asset to its
former status and pay the
appropriate compensation to
the Authority.
(4)
Subsections (2) and (3) do
not limit the rights of a
person to lodge a complaint
or seek review under
sections 100 to 104 or to
institute an action in court
after the hearing of the
initial complaint or review.
Prohibition of Authority
from operating or managing
railway
98.
The Authority shall not
operate or manage a railway
company or railway services
and nothing in this Act
shall be construed to grant
the Authority the power to
operate or manage railways
or a railway company.
Complaints, appeals and
review rules
Establishment of Railway
Complaints, Appeals and
Review Panel
99.
(1) A body known as the
Railway Complaints, Appeals
and Review Panel is
established under this Act.
(2) The
Railway Complaints, Appeals
and Review Panel consists of
seven persons at least three
of whom are lawyers.
(3) A
member of the Board of the
Authority shall not be
appointed a member of the
Railway Complaints, Appeals
and Review Panel.
(4) Five
members of the Panel
constitutes a quorum for the
hearing of a complaint or
review.
(5)
Members of the Panel shall
be appointed for a term of
three years, and a member of
the Panel may be
reappointed.
(6) The
Panel may co-opt any expert
for the purposes of its work
but a co-opted person may
only advise the Panel and
does not have voting rights.
(7) The
Panel shall hear, review and
deliberate on a complaint in
accordance with this Act and
rules of procedure made
under this Act.
(8) The
Authority or an agency of
government shall not
interfere with the appeal
and review functions of the
Panel.
(9) The
decision of the Panel in
respect of internal
administrative review is
final and shall be copied to
the Authority for its
information and records
only.
(10) The
Panel shall not entertain a
complaint or a request for
review if the complainant
does not
(a)
submit the complaint,
appeal or request in
writing,
(b)
state the particulars of
the complainant and the
means by which the
complainant may be reached,
(c)
state the nature and
particulars of the grievance
and, where applicable, the
provision of this Act from
which the complaint arose,
and
(d)
pay the appropriate fee.
(11) The
Minister shall make
Regulations to stipulate
fees that may be paid by a
person qualified to submit a
request to the Panel but
fees shall not be fixed at a
level that deters a person
from lodging a complaint or
making a request for review
to the Panel.
(12) The
Minister shall appoint
members of the Complaints,
Appeals and Review Panel not
later than ninety days after
the commencement of this
Act to review complaints and
appeals under this Act.
(13) Not
later than fourteen days
after the setting up of the
Panel, the Minister shall
cause the names and
particulars of the Panel to
be published in the
Gazette and such
newspapers of national
circulation as the Minister
may determine.
Power
of the Authority to
investigate and decide on
complaint
100.
(1) Unless this Act
provides otherwise, a
complaint or request for
review shall in the first
instance be made to the
Authority.
(2) The
Authority shall on receipt
of a complaint, investigate
and communicate its decision
to the complainant within
twenty-one days of receipt
of the complaint but an
aggrieved person may allow a
longer period in writing to
enable the Authority to
communicate its decision on
the complaint.
(3) The
response of the Authority to
the complainant, shall be in
writing and shall state
(a)
the reasons for the
decision,
(b)
whether the complaint is
upheld in whole or in part,
and
(c)
the corrective measures
that are to be taken, where
applicable.
(4) A
person aggrieved or
dissatisfied with
(a)
the decision of the
Authority, or
(b)
the failure of the
Authority to communicate its
decision to the aggrieved
person,
may make
a request for review to the
Panel.
Power
and procedure of the Panel
101.
(1) The Panel in the
performance of its
functions, may
(a) review a decision of
the Authority
(i) on
any matter related to a
railway licence,
(ii) in
respect of any of the
Authority's functions or the
use of its power;
(b)
review any matter
relating to dissatisfaction
with the performance of a
railway operation or
management of a railway;
(c)
determine a matter
(i)
between a railway company
and the Authority, or
(ii) that
relates to the construction,
planning operation,
development or management of
railway, and
(iii) in
connection with this Act.
(2) The
Panel shall inform the
Authority of the receipt of
the complaint and
particulars of the complaint
and may invite the Authority
or the person to provide
information that the Panel
requires.
(3) A
complaint to the Panel shall
be submitted in accordance
with this Act and rules of
procedure provided in
Regulations made under this
Act.
Power
to request information and
confidentiality
102.
The Railway Complaints
and Review Panel shall have
the same powers as the
Authority under section 36
and be subject to section
37.
Decision of the Panel
103.
Except where a matter
has already been
conclusively dealt with by
the Panel, the Minister may
revise, amend, substitute or
annul in whole or in part
any act or decision taken by
the Authority or any other
person against whom the
complaint or review was
lodged.
Right
to seek review
104.
Nothing in this Act or
any other enactment shall
derogate from the right of a
person to seek review of a
decision of the Panel.
Rules
applicable to review
proceedings
105.
(1) Where the complaint
is received by the Authority
or the Panel, the Authority
or Panel shall deal
conclusively with the
complaint within sixty days.
(2) A
summary of decisions made by
the Panel may be made
available to the general
public.
(3) The
Panel may review its own
decision on request by a
complainant, a party to the
complaints, the Minister or
the Authority for
justifiable reason but
neither the Minister nor the
Authority has power to
review or alter a decision
of the Panel.
PART THREE-MISCELLANEOUS
PROVISIONS
Miscellaneous
Regulations
106.
(1) The Minister may, on
the recommendation of the
Board, by legislative
instrument make Reguiations
to prescribe
(a)
the requirements for a
railway licence;
(b)
the conditions and
procedure for the
suspension, cancellation or
modification of a licence;
(c)
for the construction,
alteration, maintenance
safety or operation of
railway works, road
crossings, utility crossings
and the maintenance and
operation of railway
equipment; (d) for
the manner in which notice
of an accident is to be
given to the Authority;,
(e)
the limit on liability
for loss or damage to goods
where the value of the goods
is not declared;
(f)
the fees to be paid by a
person who makes a complaint
to the Railway Complaints,
Appeals and Review Panel;
and (g) generally for
the effective implementation
of this Act.
(2) The
Minister may on the advice
of the Board make rules for
the procedure of the Panel.
Interpretation
107.
In this Act, unless the
context otherwise requires
"assets"
means property of any
description, whether movable
or immovable;
"Authority" means the Ghana
Railway Development
Authority established under
section 1 of this Act;
"Board" means the governing
body of the Authority
provided for under section
4;
"Chief Executive" means the
Chief Executive Officer
appointed under section 13;
"common
carrier" means the carrier
of passengers or freight for
reward; whether the person
operates on private or
public land or both;
"district assembly" includes
a municipal or metropolitan
assembly;
"freight" means goods other
than gratuitions goods
delivered to a railway
company by a shipper;
"Fund" means the Railway
Development Fund established
under section 22;
"Fund Committee" means the
committee established under
section 25;
"Ghana
Railway Company Limited"
means the entity established
as a statutory corporation
in SMCD 95 of 1997 and
subsebsequently incorporated
as a limited liability
company and registered on
7th March, 2001 under the
Companies Act, 1963 (Act
179) with registration
number 94,198;
"goods" include items in
solid, liquid or gaseous
form or in tangible form and
equipment and mail;
"Minister" means the
Minister responsible for
Railways; "Inspector" means
a Railway Safety and
Security Inspector appointed
by the Authority under
section 60;
"originating railways" means
a railway company to which
freight is first delivered
by a shipper to be conveyed
to a given destination or a
specified consignee;
"Panel" means the Railway
Complaints, Appeals and
Review Panel established
under section 99;
"party"
in this Act does not include
an employee or former
employee of the Ghana
Railway Company Limited or
any of its predecessors in
title;
"passenger" means a person
other than an official or
employee on duty, lawfully
traveling on a vehicle or
train owned or operated by a
company;
"private carrier" means
railway operation which
takes place
(a) exclusively within
the confines of a private
land for a purpose other
than for hire .
or reward; or
(b)
on public land exclusively
for the purpose of th
operator and not for hire or
.
.
reward;
"railway
assets" includes assets
which are vested in the
Authority by law or
otherwise, and includes the
assets of the Ghana Railway
Company Limited transferred
to the Authority under
section 32 and those
acquired by the Authority
pursuant to this Act;
"railway"
includes
(a)
branches, extensions,
siding, railway bridges,
tunnels; stations, depots,
wharves, railway equipment,
stores) or other things
connected with the railway;
and (b)
communications or signaling
system and related
facilities and equipment
used for railway purposes
"railway company" means a
company issued with a
railway licence by the
Authority;
"railway
work" includes
(a)
a line of railway and
any structure that supports
0 protects that line of
railway or provides for
drainage of that
line of railway,
(b)
a system of switches,
signal or other like devices
than facilitates railway
operations, or
(c)
any other structure
built across, beside, under
or over a line of railway,
that facilitates railway
operations' but
does not include a road
crossing or utility
crossing;
"relevant
agency" means an agency,
Ministry, department 0
institution which is
required to grant permits or
approval for the development
of a railway and railway
works;
"road"
includes bridges,
railway-highway crossings,
tunnel drainage structures,
traffic control devices,
guardrails an protective
structures connected with
public ways, way or strip of
land open to the public for
the purposes of travel as
matter of right and over
which an abutting property
own has the right of light,
air, access, or right-of
way;
"road
crossing" includes the part
of a road that passes across
over or under a railway
line, and includes structure
that supports or protects
that part of the road or
facilitates to crossing;
"shipper"
means a person who sends,
receives or intends to send
or receive goods by or
through a railway company;
"tariff" means a schedule of
rates, charges, terms and
conditions applicable to the
movement of traffic and
incidental services;
"traffic"
includes the carriage of
passengers and the railway
equipment required for the
carriage;
"transportation facility"
includes navigable
waterways, ports, harbours
and multimodal container
terminals;
"utility
crossing" includes the part
of a utility line that
passes over or under a
railway line and. a
structure that supports or
protects part of the utility
line or facilitates the
crossing; and
"utility
line" means a wire, cable,
pipeline or other like means
that enables the
transmission of goods,
energy or the provision of
services.
Repeals
108.
(1) The Ghana Railway
Corporation Decree, 1977 (S.M.C.D.
95) is hereby repealed.
(2) The
Ghana Railway Corporation
(Tariff) Regulations, 1981
are hereby revoked.
Transitional provisions
109.
(1) Unless otherwise
provided under this Act, the
entity originally created as
a statutory corporation
under S.M.C.D. 95, 1977 and
subsequently registered
under the Companies Code,
1963 (Act 179) number 94,
198 known as the Ghana
Railway Company shall upon
the coming into force of
this Act, continue to
operate as a going concern
under the Companies Code,
1963 (Act 179).
(2) The
staff of the Ghana Railway
Company who may be directly
assigned respnsibility by
the Minister in respect of
the railway assets
transferred to the Authority
shall be deemed to have been
appointed by the Authority
under this Act until the
Board of the Authority
otherWise decides.
SCHEDULE
(section 2(2)(f))
The
Authority, in the
performance of its functions
under section 2(2)(f),
may conduct studies to
ascertain the economic
viability and social
advantages of
(a)
constructing or
promoting the development of
a new railway, or .
(b)
promoting the
development of an existing
railway.
I. Any
studies or development of a
master plan under section
2(2)(j) may
(a)
provide for the
connection of an existing
railway to, (i) another
existing or project~d
railway, or
(ii) an
existing or projected
transportation facility,
(b)
provide for the
connection of the railway
network of Ghana with the
railway network of one or
more neighbouring countries,
or
(c)
provide for commuter
service in a metropolitan
area.
2. The
Authority shall if satisfied
that a new railway which has
been the subject of study
under paragraph I of this
Schedule would, if
constructed
(a)
be economic, or
(b)
offer sufficient social
advantages to compensate for
its lack of economic
viability and in the case of
a new railway to provide
commuter service in a
metropolitan area; prepare a
master-plan to effect the
expeditious and
cost-efficient
construction of the new
railway.
3. In
conducting a study or
preparing a master-plan
under section 2(2)(f)
the Authority
(a)
shall consult with
government, commercial,
industrial, consumer and
other relevant bodies and
organisations,
(b)
shall, to the greatest
practical extent, use
information available from
government bodies or
relevant local government
authorities or from any
public source,
(c)
may call public meetings
or hold inquiries, public or
otherwise and may in respect
of the inquiries,
(i)
summon and examine on oath,
any person that the
Authority considers
necessary,
(ii)
cause a person to bring
papers, plans, books
documents and things that
the Authority considers
necessary to examine, and
(d)
may hire the services of
an expert or consultant to
provide it with technical
assistance if prior to
hiring those services it
satisfies itself that it
(i) has
made use of all the
information available to it,
(ii) does not possess the
required technical expertise
to conduct the specific
study or prepare the
specific portion of the
master-plan and has no means
of acquiring its own
expertise within the period
of time needed to conduct
the study or prepare the
masterplan.
4. A
person who
(a)
without reasonable
excuse refuses or fails to
attend an inquiry when
summoned to do so by the
Authority under paragraph 3
(c),
(b)
without reasonable
excuse fails to answer
questions asked under
paragraph 3(c) or
knowingly provides a false
answer, or (c)
knowingly fails to bring or
destroys, any paper, plan,
book, document or thing
which that person was asked
to bring to the inquiry
under paragraph 3(c)
commits
an offence and is liable on
summary conviction to
(d)
a fine of not less than
twenty five penalty units
and not more than two
hundred penalty units or to
a term of imprisonment of
not more than one year or to
both in respect an
individual, or (e) to
a fine of not less than two
hundred and fifty penalty
units and not more than two
thousand penalty units in
any other case. 5. Subject
to the prior approval of the
Minister, the Authority
shall implement a
master-plan which
(a)
uses available Ghana
Railway Company Limited
Assets or new assets to
establish the right of way
of the railway;
(b)
provides for the
construction of railway or
grants to any person, the
right to construct a railway
on terms and conditions that
the Authority considers
desirable including the
provision of financial
assistance for carrying out
the construction of the
railway; and
(c)
provides for the leasing
or conveying of a railway
constructed under
subparagraph (b) to
any railway company for its
exclusive or shared use.
Date of Gazette notification:
9th January, 2009.
GPCL, ASSEMBLY PRESS, ACCRA.
GPCL/A704/300/J 112008
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