JAMAICA RAILWAY CORPORATION ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
Establishment, Duties and Powers of the Corporation

   3   Establishment of Jamaica Railway Corporation

   4   Delegation of functions

   5   Duty to furnish information

   6   Power to give directions to the Corporation

   7   General duties of Corporation

   8   Obligations under existing agreements

   9   Accommodation works

   10   General powers of the Corporation

   11   Power to fix rates, fares and other charges

   12   Conditions for holding goods on railway

   13   Provision of additional facilities for traffic

   14   Alteration of pipes, wires and drains

   15   Temporary entry upon land for purpose of preventing accident or repairing damage

   16   Notice of entry and compensation in relation to sections 14 and 15

   17   Removal of trees obstructing working of railway

   18   Construction of railways by persons other than the Corporation

 

PART III
Further Powers in relation to Land

   19   Preliminary investigation of land required for railway purposes

   20   Power to acquire land under the Lands Clauses Act

   21   Restriction on alienation

 

PART IV
Transfer of Assets and Liabilities

   22   Transfer of rights and powers, assets and liabilities

   23   Exceptions as to certain liabilities

   24   Provisions relating to land

   25   Issue of stock to Government

   26   Existing contracts and pending proceedings, etc

 

PART V
Financial Provisions

   27   Application of revenues

   28   Borrowing powers

   29   Advances, grants and guarantee of borrowings by Minister

   30   Repayment of, and interest on, advances and sums issued to meet guarantees

   31   Securities

   32   General reserve

 

PART VI
Accounts and Reports

   33   Accounts

   34   Annual statement and report

   35   Laying of accounts, etc, before Parliament

 

PART VII
Staff

   36   Appointment of general manager, secretary and other servants

   37   Regulations

   38   Pension scheme

   39   Transfer of officers to Corporation

   40   Transfer of other employees to Corporation

   41   Retirement, etc, of transferred employees

 

PART VIII
By-laws and Rules

   42   By-laws

   43   Rules

 

PART IX
Carriage of Passengers

   44   Conditions for carriage of passengers

   45   Time-tables and lists of fares

 

PART X
Carriage of Goods

   46   Conditions for carriage of goods

   47   Lien for rates and charges

   48   Disposal of unclaimed goods on railway

   49   Written description of goods required

   50   Goods of a dangerous or offensive nature

   51   Carriage of animals infected with disease

 

PART XI
Responsibility of Corporation as Carriers and Warehousemen

   52   Corporation not liable in certain cases

   53   Delay to vessels

   54   Liability for goods

   55   Passengers' baggage

   56   Animals

   57   Vehicles

   58   Carriage of Goods Act applied

   59   Limit to compensation in certain eases and proof of value,

   60   Notification of claims

   61   Effect of false description of goods

   62   Injury to or loss of life of passenger

   63   Law relating to common carriers not applicable

 

PART XI
Tariffs

   64   Publication of tariffs

   65   Printed copies to be evidence

   66   Copies to be kept at all stations

 

PART XIII
Legal Proceedings

   67   Limitation of suits against the Corporation

   68   Service of documents

 

PART XIV
Offences and Penalties

   69   Endangering safety of persons on railway

   70   Obstructing railways

   71   Drunkenness of railway servants and power to apprehend

   72   Drunkenness or nuisance on a railway

   73   Travelling with intent to defraud

   74   Trial of Offences

   75   Power to arrest offender

 

PART XV
General

   76   Rates and taxes

   77   Savings

      SCHEDULE

 

THE JAMAICA RAILWAY CORPORATION ACT

[Date of Commencement: 1st April, 1960]

Laws
1 of 1960,
42 of 1960.

Acts
42 of 1969,
52 of 1975,
27 of 1988

LN 149B/79.

PART I
Preliminary

1   Short title

   This Act may be cited as the Jamaica Railway Corporation Act.

2   Interpretation

   In this Act unless the context otherwise requires the expression-

   "agreement" means an agreement enforceable in law;

   "baggage" includes such articles as are usually carried by passengers for their personal use or convenience and such other articles as may be declared by the Corporation to be baggage;

   "chairman" means the chairman of the Corporation;

   "charges other than rates and fares" means demurrage, dues, fees, storage, terminals and tolls and any charges, not being rates or fares, for any service performed, facility provided, penalty imposed, or licence, permit or certificate granted; and for the purposes of this definition"terminals" includes charges in respect of cranes, depots, sidings, stations, warehouses, wharves and other similar matters and of any services rendered thereat;

   "Corporation" means the Corporation established in accordance with this Act;

   "debenture" includes debenture stock;

   "fare" means any charge for conveying passengers;

   "financial year" in relation to the Corporation means a period of twelve months beginning on the 1st day of January in any year, provided that the period beginning on the vesting day and ending on the thirty-first day of December next following shall be deemed to be a financial year;

   "functions" includes powers and duties;

   "general manager" means the general manager of the Corporation;

   "goods" includes animals whether alive or dead, baggage, merchandise, parcels, perishables, vehicles and any other movable property;

   "intoxication" includes the state of being under the influence of drugs, and grammatical variations of that expression, and cognate expressions, shall be construed accordingly;

   "perishables" means goods liable to rapid deterioration and includes bread, butter, cheese, eggs, fish, fruit, game, meat, milk, plants, vegetables and any other thing which may be declared by the Corporation to be perishable goods;

   "railway" includes-

   (a)   all immovable property, rolling stock, machinery, road vehicles, vessels, rafts, and other movable property, owned or used by the Corporation for or in connection with the public carriage of passengers and goods by road, rail or inland waterway; and

   (b)   a railway under construction by or for the Corporation;

   "railway land" means land vested in or in the possession of the Corporation for the purposes of the railway;

   "railway servant" means any person employed by the Corporation in connection with the service or construction of a railway, but does not include an independent contractor;

   "rate" means any charge for receiving, forwarding, conveying or delivering goods;

   "route mileage" means the distance between the terminal points of main and branch lines of railway measured along the centre line of the main or branch line, but does not include any siding;

   "secretary" means the secretary of the Corporation;

   "stock" includes shares but does not include debentures;

   "vehicle" includes a "motor vehicle" as defined in section 2 of the Road Traffic Act, and any bicycle, car, carriage, cart, handcart, perambulator, tricycle, van or wagon and any other vehicle used or intended to be used for the conveyance of persons or goods;

   "vesting day" means the day appointed by the Minister under section 22.

PART II
Establishment, Duties and Powers of the Corporation

3   Establishment of Jamaica Railway Corporation

   (1) For the purposes of this Act there shall be established a body to be known as the Jamaica Railway Corporation.

   (2) The provisions of the Schedule shall have effect with respect to the constitution and operations of the Corporation and otherwise in relation thereto.

   (3) The Corporation shall be a body corporate having perpetual succession and a common seal with power to purchase, take, hold and dispose of land and other property of whatever kind for the purposes of this Act.

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