GHANA RAILWAY CORPORATION ACT - 1977 (SMCD 95)
(1) There is hereby established a body corporate to be known as the Ghana Railway Corporation (hereinafter referred to as "the Corporation"), with its headquarters at Takoradi.
(2) The Corporation shall have perpetual succession and a common seal and may sue and be sued.
(3) The Corporation shall have power, for the discharge of any of its functions, to acquire and hold any movable property (including electric motive power) or immovable property, to dispose of such property and to enter into any contract or other transaction.
(4) Where there is any hindrance to the acquisition of any property under subsection (3) of this section, the property may be acquired for the Corporation under the State Property and Contracts Act, 1960 (CA 6) or the State Lands Act, 1962 (Act 125) or the Administration of Lands Act, 1962 (Act 123); and each such Act shall, as the case may be, apply to any such acquisition with such modifications as may be necessary to provide for the vesting of the property acquired thereunder in the Corporation and for the cost of acquisition to be defrayed by the Corporation.
(5) The Government may give directions of a general nature to the Corporation and the Corporation shall give effect to them.
(1) The Corporation shall have the power to discharge the following functions, that is to say -
(a) to construct, establish and maintain any railway with terminal and intermediate stations and proper works and conveniences for the conveyance of passengers, animals and goods;
(b) with the prior approval of the Commissioner, to construct railway lines and to negotiate with any person for the construction of railway lines or works of any kind;
(c) to use upon any railway, locomotive engine or other motive power and rolling stock;
(d) to make and maintain for the accommodation of owners and occupiers of land adjoining a railway -
(i) such crossings, bridges, arches, culverts and passages over, under or by the sides, or leading to or from a railway, as may be necessary to minimise interference with the use of the land through which the railway runs;
(ii) all necessary arches, tunnels, culverts, drains, watercourses or other passages, over or under or by the sides of a railway of such dimensions as will be sufficient at all times to convey water as freely from or to the lands lying near or affected by the railway as before the making of the railway or as nearly so as may be;
(e) to fix the maximum number of passengers who may be carried in each compartment of any carriage, such number to be conspicuously shown inside or outside each compartment;
(f) to determine the maximum load for every wagon or truck in its possession, the weight of such load to be conspicuously shown on the outside of such wagon or truck.
(2) The Corporation shall also have power to discharge the following functions -
(a) within such limits as may be fixed by the Commissioner, to fix or determine rates, charges and dues for services provided by the Corporation, to specify the persons liable to pay such rates, charges and dues, such rates, charges and dues being specified by regulation made under section 29;
(b) to provide facilities for the transport, storage, warehousing, loading and unloading of goods;
(c) to construct, maintain, repair or alter any movable or immovable property acquired for the purposes of the Corporation;
(d) to acquire any undertaking affording or intended to afford facilities for the loading, unloading or warehousing of goods;
(e) to reclaim, excavate, enclose or raise any part of the lands vested in it;
(f) to take steps to advance the skill of its employees or increase the efficiency of their equipment and its operations, including the provision by the Corporation of facilities for training, education and research;
(g) to provide living accommodation for its employees and to promote the welfare in any other manner of its employees and make provision for the granting of loans to them;
(h) to provide and maintain platforms, waiting rooms and like accommodation for passengers and the public and to provide catering arrangements; and
(i) generally to discharge such other functions as may be authorised by regulations made under section 29 of this Decree or any other function necessary for carrying out the provisions of this Decree.
(1) The governing body of the Corporation shall be a Board whose members including the Chairman shall be appointed by the Supreme Military Council.
(2) The Board shall consist of:-
(a) a Chairman,
(b) the General Manager appointed under section 5 of this Decree,
(c) a representative of the Ministry of Transport and Communications;
(d) a representative of the Ghana Ports Authority, and
(e) four other persons with experience in commercial or other relevant professional fields.
(3) The term of office of members of the Board other than the General Manager shall be two years.
(4) Every member of the Board shall, at the expiration of his term of office be eligible for re-appointment.
(5) Members of the Board shall be paid such allowances as may be determined by the Commissioner.
(6) The Chairman and any member of the Board other than the General Manager may resign his office by writing addressed to the Commissioner, and any such person may be removed from office by the Supreme Military Council acting in accordance with the advice of the Commissioner:-
(i) if he is adjudged to be a person of unsound mind;
(ii) if he is declared insolvent or bankrupt;
(iii) if he suspends payment to or compounds with his creditors;
(iv) if he is absent from three consecutive meetings of the Board without sufficient reason;
(v) if he is sentenced to death or to imprisonment for a term exceeding twelve months without the option of a fine or is convicted of an offence involving dishonesty or moral turpitude;
(vi) if he is guilty of any serious misconduct in respect of his duties as chairman or member of the Board, and such misconduct is certified in writing by not less than two-thirds of the members of the Board;
(vii) if in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his own request, from practicing his profession by the order of any competent authority, made in respect of him personally.
(7) The person appointed to fill a vacancy created by resignation or removal from office of a member shall hold office for the unexpired period of such member.
(1) The Board shall meet once a month but may be summoned to transact any extraordinary business on a particular date at the request of two members of the board, and such request shall be made to the General Manager in writing with a summary of the business to be transacted at least five days before the said date.
(2) At every meeting of the Board at which he is present, the Chairman shall preside, and in his absence a member of the Board appointed by the members present from among themselves, shall preside.
(3) The quorum for any meeting of the Board shall be four.
(4) Every question before a meeting of the Board shall be determined by a majority of the votes of the members present and voting; and the Chairman of any such meeting shall have a casting vote.
(5) The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.
(6) Any member of the Board who has any interest in a contract proposed to be made with the Corporation shall disclose the nature of his interest to the Board and shall be disqualified from participating in any deliberations of the Board in respect of such contract.
(7) The procedure to be observed at any meeting of the Board shall be determined by the Board.
(1) There shall be a Chief Executive of the Corporation to be known as the General Manager, who shall be appointed by the Supreme Military Council; and he shall, as the Chief Executive, be charged with the direction of the day-to-day business of the Authority and control of its employees, and subject to such directions as may be given by the Board, its administration and organisation.
(2) The General Manager shall be a person with appropriate qualification and experience.
(3) There shall also be two Deputy General Managers of the Corporation appointed by the Supreme Military Council.
(4) The Corporation shall also have an officer to be designated as the Secretary of the Corporation, who shall perform such functions as the Board or the General Manager may by writing direct.
(5) The Secretary shall be assisted in his functions by such of the staff of the Corporation, as the Board may, on the recommendations of the General Manager, direct.
(1) The Corporation may engage such officers and other employees as may appear expedient for the proper and efficient conduct of the business and functions of the Corporation on such terms and conditions as the Corporation may determine.
(2) Public officers may be transferred or seconded to the Corporation or otherwise give assistance thereto.
(3) Where the duties of any officer or other employee of the erstwhile Railway and Ports Authority (established under the Railway and Ports Act, 1971 (Act 358)) related solely and exclusively to the railway, such officer or other employee may, subject to subsection (4) be transferred to the Corporation.
(4) Notwithstanding anything to the contrary, the Commissioner may deploy, as he deems appropriate, any officer or employee, referred to in subsection (3) of this section or any other officer or employee of the erstwhile Railway and Ports Authority and that officer or employee shall comply with the directions of the Commissioner in this regard.
(5) Where an officer is transferred or otherwise deployed by virtue of subsections (3) and (4) of this section his contract of employment with the erstwhile Railway and Ports Authority shall continue to subsist between him and the Ghana Railway Corporation or other body or organisation as the case may be, as if the Ghana Railway Corporation or the other body or organisation had entered into the contract with him.
(1) The Board may grant pensions, gratuities or retiring allowances to its officers and other employees, require them to contribute to any pension or provident fund or superannuation scheme, or make any other provision in respect of the grant of such pensions, gratuities or allowances.
(2) If a public officer of Ghana, entitled to receive on retirement a pensionable emolument, is seconded to the Corporation the period during which he serves with the Corporation shall, for the purposes of computation of the time and amount of pension under any enactment relating to pensions for the time being in force, be deemed to be service in a pensionable office.
(3) Subject to the provisions of this section and of the Social Security Decree, 1972 (NRCD 127), the Board may provide by regulation made under this Decree any matter relating to pensions, gratuities and other allowances.
(4) The Board shall not, without the consent of the Government, approve or agree to any increase in the emoluments of any of its officers or other employees which would involve an increase in the Corporation's rates or charges or in any additional government grant.
(1) Any person authorised in that behalf by the Corporation for the discharge of any of its functions under this Decree, may after reasonable notice:-
(a) enter, inspect and survey any land or premises;
(b) dig or bore into the sub-soil and, open, construct, or repair any road, sewer, drain, tunnel or other works relating to the railway;
(c) specify levels, boundaries and lines by placing marks and digging trenches;
(d) remove or cut the branches of any tree or underwood;
(e) and with the prior approval of the Commissioner, alter the course of any rivers, streams or water courses for the purpose of constructing and maintaining tunnels, bridges, passages or other works over or under them, stop, divert, widen, narrow or alter, temporarily or permanently, the course of any rivers, streams or watercourses or any roads, streets or ways or raise or sink the level thereof;
(f) make, alter or repair drains or conduits to convey water from or to a railway or works connected therewith;
(g) sink wells and construct dams and all other works necessary for providing a water supply;
(h) take or cause to be taken water for the purposes of a railway from any river, stream or other natural source or from any dam or artificial works; and
(i) carry out any other power of duty reasonably necessary for giving effect to the provisions of this Decree.
(2) Where in the discharge of any functions under this section damage is done to the property of any person the Corporation shall pay reasonable compensation for such damage.
(3) The amount of any compensation to be paid under this section shall, in the case of a dispute, be settled by arbitration in accordance with the Arbitration Act, 1961 (Act 38).
(1) All assets, liabilities and property of the erstwhile Railway and Ports Authority (established under the Railway and Ports Act, 1971 (Act 358)), for the purposes of its functions in respect of the railways shall, on and after the commencement of this Decree vest in the Ghana Railway Corporation, using as the basis, the balance sheet of the Railway and Ports Authority, as at June 1976.
(2) Subject to section 6 of this Decree every contract subsisting immediately before the commencement of this Decree between the erstwhile Railway and Ports Authority and any other party, and entered into for the purposes of its functions in respect of the railways shall on and after the commencement of this Decree continue to subsist between the Ghana Railway Corporation and the other party as if the Ghana Railway Corporation had entered into the contract.
(3) Where there is doubt as to whether by virtue of subsections (1) and (2) any asset, liability or property vests in the Ghana Railway Corporation or any contract continues between the Corporation and any other party, such doubt shall be resolved by the Commissioner, whose decision shall be final.
(4) Where by virtue of subsection (1) and (2), any asset or property vests in the Corporation, the Commissioner may by directions in writing grant permission to the Ghana Ports Authority or the officers or other employees thereof to participate in the use of such asset or property and the Commissioner's directions shall be complied with.
(5) Where immediately before the commencement of this Decree any asset or property of the erstwhile Railway and Ports Authority was used both for the purposes of its functions in respect of the said railways and ports, such asset or property may be allocated to either the Corporation or the Ghana Ports Authority, by the Commissioner as he deems fit.
(1) The Corporation shall keep proper books of account and proper records in relation thereto and the account books and records of the Corporation shall be in such form as the Auditor-General may approve.
(2) The books and accounts of the Corporation shall each year be audited by the Auditor-General or by an auditor appointed by him.
(3) The Corporation shall pay in respect of such audit fee (if any) as the Auditor-General and the Corporation may agree or in the case of failure to agree, such fee as the Commissioner may prescribe.
(4) It shall be the duty of the Corporation as soon as possible but in any case not later than three months upon receiving the report of the Auditor-General under this section, to forward a copy of such report to the Commissioner.
(5) The Commissioner shall, as soon as practicable upon receipt thereof, cause to be laid before the Supreme Military Council a copy of the Auditor-General's report forwarded to him under this section.
(1) The Corporation may with the approval of the Commissioner responsible for Finance borrow money for the purpose of the discharge of all or any of its functions under this Decree.
(2) The Corporation may charge its assets, undertakings and revenues with the repayment of any money borrowed together with interest thereon and may issue debentures, bonds or other securities to secure the repayment of any money so borrowed together with interest thereon and may do all such other things necessary in connection with or incidental to such borrowing.
The funds of the Corporation shall include:-
(a) all moneys accruing to the Corporation from the Government by way of grant or endowment or otherwise;
(b) any loan granted to the Corporation by the Government or any person;
(c) any moneys accruing to the Corporation in the course of its operations, and;
(d) such other moneys as may be prescribed as moneys of a fund of the Corporation by regulation made under this Decree.
The Corporation shall be responsible for such liabilities and contracts as may have been incurred or entered into by any other person before the commencement of this Decree in respect of any functions to be discharged by the Corporation under this Decree, and any matters relating to such liabilities and contracts shall be carried out on and after that date by the Corporation as if the Corporation were such other person.
(1) The Corporation shall not be liable for the death of, or personal injury to, any passenger, except where the death or personal injury is caused by want of ordinary care, diligence or skill on the part of the Corporation or any of its officers or other employees.
(2) The Corporation shall not be liable for the death of or personal injury to any passenger arising from:-
(a) an act of God;
(b) an act of war or an enemy of the Republic;
(c) riots or civil commotion from any cause whatsoever whether partial or general.
(3) For the purposes of this section "passenger" includes every person other than an official or other employee of the Corporation on duty, lawfully travelling on any vehicle or train owned or operated by the Corporation.
Subject to the provisions of this Decree, the Corporation shall not be liable for any damage to goods or any loss arising from:-
(a) an act of God;
(b) an act of war or of an enemy of the Republic;
(c) orders or restrictions imposed by the Government or any Department thereof;
(d) riots or civil commotion from any cause whatsoever, whether partial or general.
The Corporation shall not be liable for any loss arising from delay to, detention of, or deviation in the carriage of, goods:-
(a) where there has been fraud on the part of the consignors; or
(b) where the delay, detention or deviation arises from:-
(i) insufficient or improper packing; or
(ii) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatever cause whether partial or general.
The liability of the Corporation in respect of the loss or destruction of, or injury to, any animal shall not in any case exceed such amount as may be specified by any regulations made under this Decree, unless at the time of acceptance of the animal by the Corporation for carriage the consignor or his agent declared that the value of the animal exceeded the aforesaid amount and paid or agreed to pay such additional charge as may be prescribed in respect of such excess value, in which case the liability of the Corporation shall not exceed such declared value.
(1) No person shall remove goods from a goods shed unless he has first obtained a waybill in a form approved by the Corporation authorising their removal.
(2) A person removing goods from a goods shed under the authority of a waybill shall, before leaving the station, supply to the officer on duty for the purposes of checking the removal of goods one copy of the relative waybill.
(3) Any person who removes or attempts to remove any goods from a goods shed without having in his possession a waybill authorising their removal may be detained by any police officer for a reasonable time not exceeding twenty-four hours for the purpose of enabling the officer to investigate the circumstances of the removal.
(4) A police officer may detain any goods which are being removed from such goods shed without authority and, in the case of goods being removed in or on a vehicle, may remove the goods from the vehicle or detain the goods and the vehicle.
(5) No police officer shall detain or remove any goods in exercise of his powers under subsection (4) unless at the time of such detention or removal he takes a full and accurate inventory of those goods and supplies to the person from whose possession or custody those goods are removed a copy of such inventory signed by him.
(6) Where any goods have been detained under this section-
(a) the Corporation shall not be liable for any damage or loss to such goods during the period of detention; and
(b) the owner of such goods shall be responsible for any expenses incurred in their handling, loading and unloading and storage.
(1) Any suit against the Corporation or any servant of the Corporation for any act done in pursuance of any public duties or authority or enactment or in respect of any alleged neglect or default in the execution of any such enactment, duty or authority, shall abate unless the same is commenced within six months next after the act, neglect or default complained of, or in the case of a continuance of injury or damage, within six months next after the ceasing thereof.
(2) No suit shall be commenced against the Corporation until one month at least after written notice of intention to commence it has been served upon the Corporation by the intending plaintiff or his agent.
(3) The notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims.
The notice referred to in subsections (2) and (3) of section 20 and any summons, notice or other document required or authorised to be served upon the Corporation in connection with any suit by or against the Corporation may be served by delivering it to, or sending it by registered post addressed to the General Manager of the Corporation or to such other officer of the Corporation as may be prescribed.
In any action or suit against the Corporation, no execution or attachment or process in the nature thereof shall be issued against the Corporation, but any sums of money which may by the judgment of the Court be awarded against the Corporation shall be paid by the Corporation from its funds.
A person connected with the direct working of the Corporation shall not be removed under arrest when his immediate removal from duty might result in danger to life or goods, whether in execution of a warrant or otherwise, while actually engaged in the performance of his duties until the head of the department in which he is employed or the officer in immediate charge of the work in which such person is engaged has been given an opportunity to provide a substitute.
(1) If any person fails to pay on demand any rate, charge, or due or any payment for services rendered by the Corporation in relation to any goods, the Corporation may detain any of the goods in its possession.
(2) When any goods have been detained under this section, the Corporation may sell at once by public auction or private treaty any animals or perishable goods of the said person in its possession.
(3) In respect of any other goods, the Corporation may sell such goods or part thereof by public auction, on the expiry of at least fifteen days' notice of the intended auction, published in the Gazette and at least two local papers.
(4) Out of the proceeds of such sale, the Corporation shall retain a sum equal to the amount due to it and any other expenses incurred by it in connection with such detention and sale and pay any surplus remaining to the person legally entitled thereto.
(5) If the proceeds of such sale do not amount to the sum due to the Corporation by the person concerned, the Corporation may detain any goods or cargo of such person coming into its possession.
(1) When any goods have come into the possession of the Corporation for carriage or otherwise and are not claimed by the owner or other person appearing to the Corporation to be entitled thereto, the Corporation shall, if such owner or person is known, cause a notice to be served upon him requiring him to remove the goods.
(2) If such owner or person is not known, or the notice cannot be served upon him, or he does not comply with the requisition in the notice, the Corporation may, within a reasonable time sell the goods as nearly as may be in accordance with section 25 and shall pay any surplus remaining, after the recovery of any sum due to the Corporation and any expenses incurred by it in connection with the sale of the goods, to any person legally entitled thereto.
(1) Any person who-
(a) contravenes any provision of this Decree for which no penalty has been provided or any regulation made thereunder or any direction given by the Corporation;
(b) fails to pay or evades or attempts to evade payment of any rate, charge, due or payment for any services rendered by the Corporation;
(c) makes either knowingly or recklessly any statement which is false in any material particular in any return, claim or other document furnished to the Corporation or to any of its officers or other employees; or
(d) obtains by false pretences or other fraudulent means, or counterfeits, forges or alters any ticket, order, receipt, pass or other document of the Corporation or any of its officers or other employees, shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months or to both.
(2) The Court on convicting a person under subsection (1) (b) of this section may order him in addition to any punishment awarded to pay the Corporation a sum not exceeding double the amount he was originally to pay.
(3) Any person who on a railway-
(a) trespasses or being a trespasser refuses to leave after being warned to do so by an officer or other employee of the Corporation;
(b) is drunk or disorderly, or behaves in an offensive manner to the annoyance of others;
(c) commits a nuisance or act of indecency or uses profane, indecent or abusive language;
(d) writes, draws, or affixes any profane, indecent or abusive word, matter, representation or character upon any property used by the Corporation;
(e) wilfully and without lawful excuse interferes with the comfort of any passenger or other person or extinguishes any lamp or light, not being a signal;
(f) knowing or being in a position to know that a coach compartment, room or other place is reserved for the exclusive use of males or females or different classes of persons enters it without lawful excuse or having so entered remains therein after having been requested by an officer or other employee of the Corporations to leave;
(g) refuses to obey a lawful request of an officer or other employee of the Corporation;
(h) fails to deliver at the earliest opportunity any property found by, and not belonging to, him or removes such property;
(i) carries, places or houses, except in accordance with regulations made under this Decree, a loaded firearm of any kind or any receptacle containing any inflammable, explosive or corrosive gas, liquid or spirit or any dangerous or offensive goods;
(j) without the permission of the Corporation, hawks, sells or exposes or offers for sale any goods or touts, plies for, or solicits, custom or employment of any description;
(k) without lawful excuse, loiters or remains on such railway;
(l) does or attempts to do anything which may cause injury to persons;
(m) wilfully gives a false name or address to a police officer or an officer or other employee of the Corporation for the purpose of avoiding prosecution; or
(n) wilfully molests, hinders or obstructs an officer or other employee of the Corporation in the execution of any work to be done with reference to the construction or maintenance of a railway;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months or to both.
(4) Any person who on a railway-
(a) wilfully damages, injures, defaces or in any way interferes with any property of the Corporation;
(b) wilfully obstructs any work, way, rolling stock or any other property of the Corporation;
(c) removes or attempts to remove from a railway any property of the Corporation or permits any such property to be unlawfully in his possession or on his premises;
(d) discharges any firearm, or throws anything likely to damage any property of the Corporation or obstructs, or injures any one engaged in working on or near a railway;
(e) smokes in a goods shed, warehouse, or such other place on a railway in proximity to any goods or inflammable material where notices prohibiting smoking are exhibited; or
(f) makes use of any form of artificial heat for sealing or repairing petrol or kerosene tins upon a railway in a place not specially assigned for such purpose;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding five hundred cedis or to imprisonment not exceeding twelve months or to both.
(5) Any person who-
(a) being a passenger, resists the lawful entry of another passenger into a coach or a compartment not reserved by the Corporation for the use of the passenger resisting, or not already containing the maximum number of passengers to be carried therein;
(b) smokes in a compartment or other part of a train where smoking is prohibited in that compartment or part;
(c) enters or leaves or attempts to enter or leave a train while it is in motion, or opens any outer door of any coach on a train while it is in motion;
(d) 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 other similar place appointed by the Corporation as a place for persons to enter or leave a train;
(e) travels in the part of a train not intended for the use of passengers;
(f) being a passenger, without reasonable cause, makes use of or interferes with any means provided by the Corporation for communication between passengers and an officer or other employee of the Corporation in charge of or concerned in the running of a train;
(g) being a passenger who to his knowledge is suffering from an infectious or contagious disease enters or travels upon a railway in contravention of regulations under this Decree;
(h) being an officer or other employee of the Corporation and knowing that a person is suffering from an infectious or contagious disease, wilfully causes that person to travel upon a railway without arranging for his separation from other passengers;
(i) takes any bird, dog or other animal into any train except in accordance with regulations under this Decree; or
(j) spits upon the floor of any carriage or compartment of a train, or on any station building or public place on a railway;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding two hundred cedis or to imprisonment not exceeding six months or to both.
(6) Any person who-
(a) does any act which obstructs or might obstruct the working of a railway, or endangers or might endanger the lives of persons travelling thereon;
(b) without lawful authority moves rolling stock on a railway or leaves it on any part of a railway;
(c) without lawful authority moves any signals, points, wires, sleepers, rails, stop-blocks machinery or equipment on a railway, or shows any signal likely to mislead or hides any signal or light;
(d) unlawfully throws anything or causes anything to fall or strike against, into or upon any part of the train, with intent or with knowledge that he is likely to endanger the safety of any person being in or upon any part of the train;
(e) wilfully or negligently crosses any railway track or railway line; or
(f) counsels the doing of, or assists or aids in doing, an act mentioned in this subsection, shall be guilty of second degree felony.
The Corporation may refuse to carry or to allow upon any railway, except in accordance with the regulations made under section 29, any person who-
(a) appears to be insane or suffering from any contagious or infectious disease;
(b) appears to be under the influence of liquor;
(c) commits any nuisance or act of indecency or uses obscene or abusive language;
(d) wilfully and without lawful excuse interferes with the comfort of any passenger, or
(e) interferes with any officer or other employee of the Corporation in exercise of his duty.
(1) The Board may, with the approval of the Commissioner, by legislative instrument make regulations for the use, safety, working and maintenance of the railway and for the good government thereof.
(2) Without prejudice to the generality of subsection (1), the Board, with the approval of the Commissioner, may make regulations relating to-
(a) the construction, use and maintenance of private sidings, branch lines and railways;
(b) the demolition of buildings or other structures, poles, posts or trees which may interfere with the working of a railway;
(c) the crossing or manner of approach to any street, road or thoroughfare by a train.
(3) Without prejudice to the generality of subsection (1), the Board, with the approval of the Commissioner, may make regulations relating to
(a) the receipt, delivery, conveyance, packing, warehousing, loading, unloading and removal of goods, the custody of goods and the disposal of unclaimed goods;
(b) the accommodation and conveyance of passengers and other persons on the railway;
(c) the rates, charges, dues or any other payment in respect of any service or matter as regards the railway, and the persons from whom such rates, charges, dues or payment are leviable;
(d) the duties, conduct and licensing of carriers and persons (other than officers or other employees of the Corporation) who ply for hire or solicit patronage at any place in occupation by the Corporation;
(e) the landing and embarkation of passengers and other persons;
(f) matters which are to be prescribed or made by regulation under this Decree, or for carrying out the principles and provisions of this Decree.
(4) Until regulations are made under this Decree, the Board may give written directions relating to the matters for which regulations may be made.
Subject to such appropriations from profits as the Board may recommend, with the approval of the Commissioner, the Board shall pay into the Consolidated Fund as soon as may be after the end of each financial year, any surplus profits relating to such year.
In this Decree, unless the context otherwise requires-
"goods" includes baggage, animals (whether alive or dead) and all other movable property of any kind whatsoever;
"Commissioner" means the Commissioner responsible for Transport and Communications; or any person duly authorised by him in that behalf;
"Perishable goods" means goods liable to rapid deterioration and includes fish, fruits, vegetables, potatoes, plants, bread, meat, game, butter, eggs, milk, cheese, ice, and any other thing which may be declared by regulation under this Decree to be perishable goods;
"railway" means any railway operated by the Corporation and any portion thereof, for the purpose of the public carriage of passengers or goods and includes
(a) all land owned by, vested in, or in the possession of the Corporation for the said purpose;
(b) all railway lines, sidings, or branches worked over or in connection with the said purpose;
(c) all hotels, offices, stations, warehouses, workshops and other premises or works whatsoever maintained or constructed for or in connection with the said purpose; and
(d) all engines, fixed plant, locomotives, machinery, road vehicles and rolling stock belonging to or worked by the Corporation for or in connection with the said purposes;
and references in this Decree to a railway include, so far as the context allows, a railway under construction by or for the Corporation;
"rolling stock" means locomotive engines, tenders, motors, coaches, wagons, trucks and trolleys of all kinds used on a railway.
(1) The Railway and Ports Act, 1971 (Act 358) is hereby repealed.
(2) Notwithstanding the repeal of the said Act, every statutory instrument made thereunder or deemed to be made thereunder and in force immediately before the commencement of the Decree shall, until altered, revoked or modified under this Decree, continue in force as if made under the corresponding provisions of this Decree, with such modifications as may be necessary having regard to the provisions of this Decree.