Uganda Railways Corporation Act

Section Interpretation Section In this Act, unless the context otherwise requires— " accepted by the corporation " means accepted by an employee or agent of the corporation so authorised to accept the goods for carriage or warehousing by the corporation ; " agent of the corporation " means the person, firm or body authorised to act in the matter under reference for and on behalf of the corporation ; " authorised employee " means an employee of the corporation empowered to perform any functions in relation to which the expression is used; " board " means the board of directors of the corporation ; " chairperson " means the chairperson of the board ; " charges " means the total sums of monies receivable for or in respect of the carriage or warehousing of goods , or for services or facilities offered or fines levied for the carriage, services or facilities offered by the corporation ; " consignee " means a person, firm or body to whom or to which goods accepted for carriage have been addressed; " consignment " means one or more pieces of goods accepted for carriage by the corporation , and entered on an official consignment note and properly addressed to a consignee by a consignor ; "...

Section Establishment of the corporation Section There is established the Uganda Railways Corporation. The corporation shall be a body corporate, shall have perpetual succession and a common seal and may sue and be sued in its corporate name. The corporation may, for and in connection with its objects and functions under this Act, purchase, hold, manage and dispose of any property whether movable or immovable, and may enter into any contract and other transactions as may be expedient, and do any other act or thing as in law may be done by a body corporate, subject to this Act.

Section Objects of the corporation Section The objects of the corporation are— the construction, operation and maintenance of railway , marine and road services both in and outside Uganda for the carriage of passengers and goods ; to carry on subject to this Act, such activities as are conducive or incidental to the attainment of the object set out in paragraph (a) of this section.

Section Functions of the corporation Section Without prejudice to the general effect of section 3 , the corporation shall, for the attainment of the objects set out in that section have the following functions— to provide and use upon railways, roads and inland waterways for the carriage of passengers and goods and for the stowage protection or salvage of life and property the following— to carry passengers, and goods by rail, road and waterways; to provide transit and terminal stations and port facilities for the purpose of paragraph (a) of this section; self-propelled and push service equipment; road motor vehicles and trailers; and lake vessels and other associated crafts; to store goods whether or not the goods have been or are to be carried by the corporation ; to consign goods on behalf of persons other than the corporation from any place within or outside Uganda to any other place whether within or outside Uganda; to provide clearing and forwarding services; to provide both for passengers carried by the corporation and other persons, hotels and other living accommodation and places of refreshment; to provide such other amenities or facilities for passengers carried by the co...

Section Additional powers of the corporation Section In addition to the functions stated in section 4 , the corporation may, for the attainment of its objects— enter into an agreement with any person for— sell, let or otherwise dispose of any property, movable or immovable, which in the opinion of the board is not necessary for the purposes of the corporation ; however, the corporation shall not sell or let or otherwise dispose of any building or land placed at its disposal except with the approval in writing by the Minister ; provide houses and other accommodation for its employees and their families; act as agent for any person engaged in the performance of services or the provision of facilities of a kind similar or complimentary to those performed or provided by the corporation ; the supply, construction, manufacture, maintenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the corporation ; the performance or provision by that person of any of the services or the facilities which may be performed or provided by the corporation ; the payment, collection or apportionment of any fares, rates , charges or other receipts...

Section Limitation on functions of the corporation Section No railway undertaking shall be embarked upon by the corporation unless— a feasibility report indicating the advantages and disadvantages of the undertaking has been previously submitted by the board to the Minister ; and the Minister has approved the undertaking in writing. For the avoidance of doubt, it is declared that sections 4 and 5 relate only to the capacity of the corporation as a statutory corporation and that nothing in those provisions shall be construed as authorising the disregard by the corporation of any law. The powers conferred on the corporation under sections 4 and 5 to construct or execute any works shall empower the corporation to construct or execute the works on land vested in the corporation or on land placed at its disposal by the Government for the purposes of the corporation. Where land is not vested in or placed at the disposal of the corporation as described in subsection (3), the construction or execution of the works on that land shall only be with the agreement of the owners of the land. Where any land is required by the corporation for the purposes of the corporation , the corporation shall...

Section Minister’s powers relating to functions of the corporation Section The Minister shall be responsible for the general direction of the corporation , and for that purpose the Minister — may give general directions to the corporation on matters concerning Government policy and the corporation shall give effect to such directions; shall ensure that any financial loss resulting from any directions given under paragraph (a) of this section is underwritten by the Government; shall be responsible for approving capital works for the purposes of the corporation which are financed or guaranteed by the Government.

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

Section The board Section The governing body of the corporation shall be a board of directors comprising the following— the chairperson ; the managing director appointed under section 21 ; and seven other directors. The members of the board other than the managing director shall be appointed by the Minister from among persons having knowledge and experience in commerce, transport, finance, industry, administration or engineering.

Section Tenure of office Section The appointment of a member of the board other than the managing director may be revoked by the Minister by writing— A member of the board other than the managing director shall hold office for a period of three years and subject to this Act, on such terms and conditions as the Minister may determine. A member of the board other than the managing director may resign his or her office by writing addressed to the Minister . Where a member of the board other than the managing director is incapacitated by absence or illness or other cause from performing the functions of his or her office or where the office of that member has become vacant, the Minister may appoint another person qualified in terms of section 8 to perform the functions of that member. if the member has been absent from three consecutive meetings of the board without reasonable excuse; if the member is incapacitated by illness or any other cause from the performance of his or her duties and the incapacity appears to the Minister to be likely to continue; or if the member is otherwise unable or unfit to perform the duties of his or her office. A person ceasing to hold office as a member...

Section Meetings of the board Section The board shall meet ordinarily for the dispatch of business once in every month at a place and time appointed by the chairperson . The chairperson or at least three other members of the board may also request the secretary by notice in writing signed by them to convene an extraordinary meeting of the board for discussion of any matters specified in the notice; and the secretary shall, upon receipt of the notice, convene an extraordinary meeting of the board for discussion of these matters at the earliest convenient date and in any case within ten days after receiving the notice. The quorum at any meeting of the board shall be five members. The chairperson shall preside at any meeting of the board and in his or her absence a member elected by the members present shall preside. A question proposed at any meeting of the board shall be determined by a simple majority of the members present and voting; and where there is an equality of votes, the person presiding at the meeting shall have a second or casting vote. The board may co-opt any person who is not a member to attend any meeting of the board as an adviser, but a person so co-opted is not en...

Section Disclosure of interest Section A member shall not— A member of the board who is interested in any way directly or indirectly in a contract made by the board on behalf of the corporation or proposed to be made by the board on behalf of the corporation or in any other matter which falls to be considered by the board shall disclose the nature of his or her interest at a meeting of the board . The disclosure made under subsection (1) shall be recorded in the minutes of the meeting. where a contract in which he or she is interested is under consideration, take part in the deliberations concerning or the decision on the contract; and where any other matter in which the member is interested is under consideration, take part in the deliberations concerning or the decisions on the matter, A member who contravenes this section is liable to be removed from the board . For the purposes of this section, a notice given by a member at a meeting of the board to the effect that he or she is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any matter concerning...

Section Board to prescribe its own procedure Section Except as otherwise expressly provided in this Act, the board may prescribe its own procedure by standing orders subject to the Minister ’s approval.

Section Validity of proceedings not affected by vacancy, etc. Section 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 or by reason of the fact that a person not entitled to do so took part in the proceedings.

Section Minutes of board meetings Section The secretary shall cause to be recorded and kept minutes of all meetings of the board in a book or file to be maintained by the secretary . The minutes recorded under this section shall be submitted to the board for confirmation at its next meeting following that to which the minutes relate and when so confirmed shall be signed by the chairperson and the secretary in the presence of the other members present at the latter meeting. The minutes shall otherwise be subject to standing orders made under section 13 .

Section Decision by circulation of papers Section Subject to subsection (2), decisions of the board may be made by the circulation of the relevant papers among the members and the expression of their views in writing, so, however, that any member shall be entitled to require that any such decision shall be deferred until the subject matter has been considered at a meeting of the board . A decision made by circulation of papers under this section is not valid unless it is supported by not less than five members.

Section Compensation Section In the performance of its functions under sections 3 , 4 , 5 , 32 , 33 , 34 and 35 , the corporation shall do as little damage as possible, and where any damage is so caused to any person, that person shall be entitled to compensation for the damage and, in the case of dispute, the liability to and the amount of compensation shall be determined in accordance with this section; but nothing in this section shall be construed as entitling any person to compensation— for any damage suffered unless he or she would have been entitled to compensation otherwise than under this section; for any damage suffered as a result of the user of any works authorised under this Act unless the damage results from negligence of that user. Where any person is entitled to compensation under subsection (1), the compensation shall be determined by a judge of the High Court in accordance with the laws in force and with rules of court of the High Court made for that purpose; and the rules of the court of the High Court may provide for assessors sitting with the judge.

Section Liability for damage caused by fire Section Subject to subsection (1), the corporation shall be liable for any loss or damage caused by fire from any engine of the corporation without proof of any such negligence as is mentioned in subsection (2) if— the owner or occupier suffering the loss or damage gives to the managing director — The corporation shall not be liable for any loss or damage caused by fire from any engine of the corporation to any building or any property in that building, if any part of that building is within two hundred feet of the rails of any railway . Subject to subsection (1), the corporation shall be liable for any loss or damage caused by fire from any engine of the corporation where there is negligence in the working or the construction of that engine. the loss or damage is caused to the owner or occupier of any land which is contiguous with land occupied by the corporation ; at the time of the loss or damage that owner or occupier maintained upon that land a firebreak in good condition; where no firebreak in good condition was maintained at that time by the corporation , that owner or occupier had given notice in writing of that fact to the managi...

Section Burden of proof Section In any proceedings against the corporation for compensation under sections 57 , 58 and 67 it shall be necessary for the person claiming compensation to prove how loss, misdelivery, damage, detention, delay or deviation was caused by lack of reasonable foresight or care on the part of the corporation.

Section Notice of claim Section No person shall be entitled to compensation for any goods missing from a packed or unpacked consignment or for misdelivery of, damage or delay to, detention of or deviation in the carriage of, any goods accepted by the corporation for carriage or warehousing unless— No person shall be entitled to compensation for nondelivery of the whole of a consignment of goods , or of any separate package forming part of that consignment accepted by the corporation for carriage or warehousing unless a claim in writing, giving such particulars as may reasonably be necessary, is given to the managing director within three months after the date upon which goods were accepted by the corporation . the managing director is notified of that fact in writing within seven days after the date on which the goods were delivered or offered by the corporation for delivery to the consignee or person entitled to take delivery of them; and a claim in writing, giving such particulars as may reasonably be necessary, is given to the managing director within one month after that date. Where the person claiming compensation proves that it was impracticable for him or her to notify the m...

Section Limitation Section Where any action or other legal proceeding is commenced against the corporation for any act done in pursuance or execution, or intended execution of this Act or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or of any such duty or authority, the following provisions shall have effect— the action or legal proceedings shall not be commenced against the corporation until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceedings, has been served upon the managing director by the plaintiff or his or her agent; and the action or legal proceeding shall not lie or be instituted unless it is commenced within twelve months after the act, neglect or default complained of or in the case of a continuing injury or damage, within six months after its cessation.

Section Restriction on execution against property of corporation Section Notwithstanding anything to the contrary, where any judgment or order has been obtained against the corporation , no execution or attachment or similar process shall be issued against the corporation or against any property of the corporation ; but the managing director shall, without delay, cause to be paid out of the revenue of the corporation such amounts as may, by the judgment or order, be awarded against the corporation to the person entitled to it.

Section Overcharge and undercharge Section Where the amount paid for the carriage of any passenger or goods by the corporation , or for inland waterways port charges , is found to be incorrect, if the amount is— An overcharge or undercharge shall not be refunded or collected under subsection (1) unless a notice in writing containing such particulars as may reasonably be necessary is given— an overcharge, the passenger or the person who paid the charge shall be entitled to a refund of the amount of the overcharge; an undercharge, the corporation shall be entitled to collect the amount of the undercharge from the passenger or the person who paid the charge. by the person claiming the overcharge to the managing director ; or by the managing director , to the person against whom the amount of the undercharge is claimed; Where a ticket issued under this Act has not been used, a refund of the amount paid for the ticket shall be given if within three months after the date of the expiry of the validity of the ticket a notice in writing containing such particulars as may reasonably be necessary is given to the managing director by the person claiming the refund. Where the person claiming a...

Section Medical examination of person claiming compensation Section Whenever any person claims compensation against the corporation in respect of any injury alleged to be suffered by him or her as a result of the operations of the corporation , any court or person having by law, or consent of the parties, authority to determine the claim may order that the person injured be examined by a medical practitioner named in the order and may also make such order with respect to the costs of the examination as may be thought fit.

Section Service of notice, etc. Section Any notice or other document required or authorised under this Act to be served on any person by the corporation or the managing director or any authorised employee may be served— Any notice or other document required or authorised under this Act to be served on the corporation or the managing director shall be served by delivery of the notice or other document to the secretary at the registered head office of the corporation . by delivering it to that person; by leaving it at the usual or last known place of abode of that person; or by sending it by prepaid registered post addressed to that person at his or her usual or last known address. Unless the contrary is proved, any notice or document sent by prepaid registered post under this section shall be taken to have been served at the time at which it would have been delivered in the ordinary course of post.

Section Committees Section The board may appoint one or more committees for the efficient performance of its functions under this Act. A committee appointed under this section may comprise members of the board or persons who are not members of the board or both. Any such committee shall have such functions as the board may assign to it and be subject to such conditions and restrictions as the board may impose. A decision of a committee appointed under this section shall have no effect unless confirmed by the board .

Section Disclosure of interest in respect of committees Section Section 12 shall, with the necessary modifications, apply to the disclosure by a member of a committee having an interest in any contract or matter to be considered by the committee as it applies to a member of the board.

Section Procedure of committees Section Except where otherwise expressly stated in this Part, the procedure of a committee appointed under section 17 shall be as prescribed by the board by standing orders made under section 13 .

Section Functions of the board Section Without prejudice to the general effect of subsection (1), the functions referred to in that subsection include the general responsibility of ensuring that the undertaking of the corporation — In the performance of its functions under this section, the board may— The board shall, subject to this Act, be charged with the general responsibility of formulating policies for the management of the property, business, income, funds and other affairs of the corporation and with the control of the corporation on matters of policy. is developed in a manner consistent with the economic policy of the Government; is operated efficiently and economically and administered financially in accordance with sound commercial principles; provides adequate facilities for the carriage of passengers and goods ; and is such that no particular person or body is given undue preference or is subject to undue disadvantage. establish and review tariffs, rates , fares and other charges ; approve major capital works which are fully financed by the corporation or guaranteed with the resources of the corporation ; consider legislative proposals likely to promote the objects and...

Section Managing director Section The corporation shall have a managing director who shall be appointed by the Minister on the recommendation of the board . The managing director shall be a person who has considerable knowledge and experience in commerce, transport, finance, industry, administration or engineering. The managing director shall hold office for a period of four years but may be reappointed. The managing director shall otherwise hold office upon such terms and conditions as may be stipulated under the terms and conditions of service approved by the board . The managing director shall, subject to this Act and subject, in particular, to the directions of the board on matters of policy, be responsible for the day-to-day management of the corporation and the control of the staff of the corporation . If the managing director is incapacitated by absence or illness or other cause from performing the functions of his or her office or if the post of managing director is vacant, the Minister may appoint an officer of the corporation qualified in terms of subsection (2) to perform the functions of the office of managing director for the duration of the incapacity or, as the case...

Section Secretary Section In addition to the functions conferred on him or her by subsection (4), the secretary shall— The corporation shall have an officer to be designated secretary . The secretary shall be appointed by the board upon such terms and conditions as the board may determine and as shall be specified in his or her instrument of appointment. The secretary shall be a person who is an advocate of the High Court of Uganda and who has been entitled to practise as such for not less than five years. The secretary shall act as secretary to the board and shall, subject to the directions of the board , arrange the business for and cause to be kept minutes of all meetings of the board in accordance with section 15 . have the custody of the seal of the corporation ; keep the records of all the transactions of the corporation ; be the chief legal officer and adviser of the corporation ; and perform such other functions as the managing director may assign to him or her from time to time. In the performance of the functions of the secretary , he or she shall be assisted by such other employees of the corporation as the board may, on the recommendation of the managing director , dete...

Section Other employees of the corporation Section The board may also engage on behalf of the corporation such other employees as may be necessary for the proper and efficient discharge of the objects and functions of the corporation under this Act. The employees of the corporation engaged under this section shall hold office upon such terms and conditions as the board may determine. Without prejudice to the general effect of subsection (2), the board may, under that subsection, provide for the payment to its employees of salaries, allowances, pensions, gratuities or other retiring benefits and may require them to contribute to any pension, provident fund or superannuation scheme. Public officers may be seconded to the service of the corporation or may otherwise give assistance to the corporation . The board may, subject to such conditions and restrictions as it may impose, delegate any of its powers under subsection (1) to a committee of the board , the managing director or any employee of the corporation .

Section Experts and consultants Section The board may, on the advice of the managing director , engage on behalf of the corporation , the services of experts and consultants in respect of any of the functions of the corporation in connection with which they are considered to have special competence. Experts and consultants engaged under this section may be paid such fees and allowances and may be afforded such facilities as the board may determine.

Section Funds of the corporation Section The funds of the corporation shall consist of— grants from the Government; loans from the Government or from any person or organisation within or outside Uganda; interest on savings made by the corporation ; proceeds from its operations; and monies from any other source approved by the Minister . All monies of the corporation shall be deposited in a bank approved by the board . Any funds of the corporation not immediately required for any purpose under this Act may be placed in such investments as the board may, with the approval of the Minister from time to time, determine.

Section Estimates Section The board shall, within three months before the commencement of each financial year, cause to be prepared and submitted to the Minister for his or her approval, estimates of income and expenditure in respect of the operations and development of the corporation as approved by the board for that financial year. The Minister shall consider the estimates of income and expenditure submitted to him or her under subsection (1) within one month after the date on which the estimates were submitted to him or her, and shall notify the board immediately of its decision on the estimates. No expenditure shall be made from the funds of the corporation unless that expenditure has been approved by the Minister under the estimates for the year in which the expenditure is to be incurred or in any other supplementary estimates.

Section Borrowing powers Section The board may, on behalf of the corporation obtain loans and other credit facilities for meeting the obligations of the corporation and for carrying out the objects and functions of the corporation under this Act. The board may also borrow temporarily by way of overdraft or otherwise, such sums as may be required for the current obligations of the corporation or for discharging its objects and functions. The board may, on behalf of the corporation , borrow money by the issue of stock or otherwise for the purposes of the corporation . Any stock issued under subsection (3) and the interest payable on it shall be charged upon all the property, undertakings and revenue of the corporation . The board may for the purposes of a loan under this section charge the assets, undertakings and revenue of the corporation with the repayment of any money borrowed together with interest on it and the issue, debentures, bonds or other securities to secure the repayment of any monies so borrowed and interest on it and may, on behalf of the corporation , do any other thing necessary in connection with or incidental to such borrowing. A loan or credit facility obtained u...

Section Financial year Section The financial year of the corporation shall be the period of twelve months ending on the 31st day of December in each year.

Section Corporation to operate on sound commercial principles Section The corporation shall operate and conduct its undertaking in accordance with sound commercial principles and shall perform its functions in such a manner as to ensure that taking one year with another— For the purposes of subsection (1)— its revenue is not less than sufficient to meets its outgoings which are properly chargeable to revenue account and provision in relation to depreciation of capital assets, pension liabilities and interest on loans; and its net operating income is not less than sufficient to secure an annual return on the value of the net fixed assets in operation by the corporation of such a percentage as the Minister may, from time to time, direct. So far as is consistent with this section, cheap transport shall be provided by the corporation to assist agricultural, mining and industrial development of Uganda. "net operating income" shall be determined by subtracting from gross operating revenue, all operating and administrative expenses, including taxes, if any, and adequate provisions for maintenance and depreciation; and "valuation of the net fixed assets in operation" shall be the value of...

Section Accounts Section Subject to any directions that may be given by the Minister responsible for finance, the board shall cause to be prepared in respect of each financial year, and not later than four months after the end of the financial year, a statement of accounts which shall include— The board shall cause to be kept proper books of account of all income and expenditure of the corporation and proper records in relation to them. a balance sheet and a statement of income and expenditure of the corporation in respect of that financial year; and any other information in respect of the financial affairs of the corporation as the Minister or the Minister responsible for finance may by writing require.

Section Audit Section The accounts of the corporation shall, in respect of each financial year be audited by the Auditor General or by an auditor appointed by the Auditor General. The board shall ensure that within six months after the end of each financial year, the statement of accounts described in section 30 is submitted to the Auditor General for auditing. The Auditor General and any auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the corporation and be entitled to have any information and explanation required by him or her in relation to them as he or she may think fit. The Auditor General shall within two months after receipt of the statement of accounts under subsection (2) audit the accounts and deliver to the board a copy of the audited accounts together with his or her report on them stating any matter which in his or her opinion should be brought to the attention of the Minister . The Auditor General shall deliver to the Minister a copy of the audited accounts together with his or her report on them.

Section Acquisition of land Section Where land is required by the corporation for its purposes, the corporation may— Where notice has been given under subsection (1)(b)— if the land is not public land , acquire the land in accordance with the law for the time being in force by agreement with the owner of the land; if the land is public land , or if the corporation is unable to acquire it by agreement in accordance with paragraph (a) of this subsection, notify the Minister responsible for lands that the land specified in the notice is required for the purposes of the corporation . if the land is public land , the Minister responsible for lands may upon such terms as he or she may think fit place the land at the disposal of the corporation ; or if the land is not public land , the land may be acquired for the corporation by the Minister responsible for lands under the Land Acquisition Act; and that Act shall apply to the acquisition with such modifications as may be necessary to provide for the vesting of the land in the corporation and for adequate compensation and other costs of acquisition to be defrayed by the corporation .

Section Power to survey Section Any authorised employee may, for the purposes of the corporation , enter upon any land and survey the land or any portion of it.

Section Power to enter land to prevent accidents Section The corporation , or any authorised employee may, for the purpose of preventing the occurrence of any accident, preserving the safe operation of any transport services provided by the corporation or repairing any damage caused by the accident enter upon any land— Where any person erects any building which obscures the view of a fixed signal or is likely to cause an obstruction or a danger to any rail or transport service provided by the corporation , the corporation may, unless that person has previously obtained the approval of the managing director for the erection of the building or has modified it to the satisfaction of the managing director , apply to a judge of the High Court for an order of the High Court— to cut down or remove any tree or other obstruction, not being a building, which obscures the view of any fixed signal or which is likely to cause any obstruction or any danger to any such transport services; and execute any other works necessary to prevent the occurrence of any accident or to repair any damage caused by any accident. If any tree or other obstruction cut down or removed under subsection (1)(a) came i...

Section Power to enter land to alter position of pipes Section Where the corporation exercises any power under subsection (1)— The corporation or any authorised employee may, for the purpose of the corporation , enter upon any land belonging to any authority or person and alter the position of any pipe for the supply of gas, oil, water or compressed air or the position of any electric, telephone or telegraphic pole and wire or the position of any drain. the authority or person referred to in that subsection may authorise a representative to be present at the works and may require the corporation to execute the works to the satisfaction of the representative; and where any damage is caused by reason of the exercise of the powers conferred by this section, the authority or person suffering the damage shall be entitled to compensation for the damage in accordance with this Act.

Section Power to take water Section The corporation may, for the purposes of the corporation , take any water from any natural watercourse subject to any law regulating the taking of any such water and where there is no such law, to the approval of the Minister responsible for lands.

Section Provision of transport services, etc. other than by the corporation Section Subject to the right of the Government to provide and operate transport services, other than the carriage of passengers or goods for hire or reward for its own purposes— no rail transport services shall be provided; and no rail shall be constructed for the carriage on it of passengers or goods for reward, within Uganda,

Section Corporation not to provide services at a loss Section The corporation shall not be required by the Government to provide to the Government or any other authority or person transport services or any other facilities either free or at a rate of charge which is insufficient to meet the cost involved in the provision of those services or facilities by the corporation unless the Government undertakes in writing to make good the amount of the loss incurred by reason of the amount of the provision of those services or facilities.

Section Accommodation works Section Where, in the exercise of functions under this Act, the corporation constructs a railway , then, during the construction of the railway or as soon as practicable after the completion of the construction, it shall construct and maintain the following accommodation works for the benefit of the owners and occupiers of lands adjoining those on which the railway is constructed— Nothing in this section shall require the construction or maintenance of any accommodation works— level crossings, bridges or other works such as, in the opinion of the board , are necessary for the purpose of making good any interruptions caused by the construction of the new railway to the use of the lands through which the railway is constructed; culverts, drains or other works such as, in the opinion of the board , are necessary to convey water as freely or as nearly thereto as practicable from or to those adjoining lands as before the construction of the new railway . in such a manner as to prevent or obstruct the proper operation of the railway ; where the owners or occupiers or their predecessors in title of the lands have received and agreed on the amount of compensatio...

Section Additional accommodation works Section If at any time— the owner or occupier of any land on which a railway is constructed desires any accommodation works in addition to those, if any, constructed by the corporation under section 39 ; or any authority proposes to construct a public road or any other works across a railway , the owner, occupier or authority, as the case may be, may require the corporation to construct the accommodation works— as may be agreed between the corporation and the owner, occupier or authority; if no such agreement is reached, and the owner, occupier or authority still wishes to have the additional works constructed, the cost of constructing the accommodation works shall be borne by the owner, occupier or authority requiring them.

Section Construction of railway crossing public road Section Where any railway has been constructed so as to cross a public road on the level, the Minister may, subject to subsection (3), require the corporation — Where, in the exercise of functions under this Act, the corporation proposes to construct a railway across a public road , the Minister may, subject to subsection (3), require the corporation to construct the railway in such a manner that it does not cross the road on the level and to execute such other works as may be necessary for the safety of the public; and the corporation shall comply with those requirements. to erect such gates or barriers as may be necessary for the safety of the public; to raise or lower the level of the public road so that it crosses the railway above or below and not on the level; and to execute such other works as may be necessary for the safety of the public, The Minister shall, before making any requirement under this section, communicate with the corporation and the authority responsible for maintenance of the public roads in question and shall take into consideration any representations made by the corporation or that authority. Where, as...