Mashona Railway Company Limited Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE MASHONALAND RAILWAY COMPANY LIMITED ACT
CHAPTER 459 OF THE LAWS OF ZAMBIA
CHAPTER 459 THE MASHONA RAILWAY COMPANY LIMITED ACT
THE MASHONA RAILWAY COMPANY LIMITED ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Power to construct, equip, complete and work, etc., the line of railway
4. Power to construct telegraphs and telephones
5. Power to enter upon and ascertain nature of land
6. Power to enter upon and hold land for necessary railway
7. Notice before entry and payment of compensation
8. Retrospective authority
9. Exemption of railway works from municipal rates
10. Meaning of "owner"
CHAPTER 459

ore entry and payment of compensation
8. Retrospective authority
9. Exemption of railway works from municipal rates
10. Meaning of "owner"
CHAPTER 459

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
*MASHONA RAILWAY COMPANY LIMITED
An Act to make provision for the construction of a line of railway from Kalomo to
the Broken Hill Mine in the Central Province; and to provide for matters
incidental to or connected therewith. [28th February, 1922]
*See section 89 of the Zambia Railways Act (Cap. 767 of the old edition) which empowers the
Minister to amend, modify or repeal the provisions of this Act. 7 of 1922
29 of 1929
15 of 1934
34 of 1948
25 of 1949
Government Notice
497 of 1964
Statutory Instrument
154 of 1965
1. This Act may be cited as the Mashona Railway Company Limited Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"the Company" shall mean and be restricted in its application to the Mashona
Railway Company Limited or its nominees;
"railway", "line of railway" shall mean the railway track or way and the rails and
appurtenances laid thereon. 3.

way Company Limited or its nominees;
"railway", "line of railway" shall mean the railway track or way and the rails and
appurtenances laid thereon. 3.

The Company shall be and is hereby authorised and empowered to construct,
equip, complete, maintain and work a line of railway of one or more tracks of metals and
all necessary junctions and sidings in Zambia from Kalomo to the Broken Hill Mine in the
Central Province: the said points and the course of the said line being as defined in the
Schedule and in the plan referred to in the Schedule. (As amended by No. 15 of 1934)
Power to construct,
equip, complete and
work, etc., the line of
railway
4. The Company shall be and is hereby authorised and empowered to construct
and maintain telegraphic or telephonic communication by means of cables, cords or wires
along or adjacent to the railway and for that purpose to enter upon any lands, roads or
streets when such entry is necessary for the construction and maintenance of the
communication hereby authorised and make therein all needful excavations for the
erecting and setting up of posts, cables, cords and wires and for the laying down of lines
of subterranean communication and to erect and set up the necessary posts, cables,
cords and wires.

, cords and wires and for the laying down of lines
of subterranean communication and to erect and set up the necessary posts, cables,
cords and wires.

Every cable, cord or wire of any such line if above the surface crossing
any road or street shall be placed at least 5.5 metres from the ground and so as not to
hinder or obstruct the free use or enjoyment of such road or street further than is
absolutely necessary for the proper construction, establishment and maintenance of any
such communication. *See section 89 of the Zambia Railways Act (Cap. 767 of the old edition) which empowers the
Minister to amend, modify or repeal the provisions of this Act. Power to construct
telegraphs and
telephones

67 of the old edition) which empowers the
Minister to amend, modify or repeal the provisions of this Act. Power to construct
telegraphs and
telephones

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
5. The Company may by any person thereto authorised in writing enter upon any
land for the purpose of surveying the same and of probing and boring in order to ascertain
the nature of the soil or of setting out the line of railway between the said points. Power to enter upon
and ascertain nature
of land
6. The Company shall have the power to enter upon, take possession of, hold,
retain and use land between the said points of a uniform width throughout of 91.44 metres
and also such other land as may be required at any time for all junctions, sidings, stations,
approaches and any other works. Power to enter upon
and hold land for
necessary railway
purposes
7.

at any time for all junctions, sidings, stations,
approaches and any other works. Power to enter upon
and hold land for
necessary railway
purposes
7.

Providing always that no land shall be entered upon or taken without previous
notice to the owner thereof or, if the owner be absent from Zambia or his place of
residence be not known, without such previous advertisement of the notice as may be
directed, but the Company shall not be bound or required to pay compensation in respect
of any land so taken which is not included in any township area except-
(a) in respect of injury or damage to actual improvements existing thereon; and
(b) the compensation if any to which the owner is entitled under his grant from
the British South Africa Company if such grant be existing at the
commencement of this Act. Notice before entry
and payment of
compensation
8. Anything done by the Company which is authorised by the provisions of this Act
but which has been done by the Company before the commencement thereof shall be
deemed to have been done under the authority of this Act. Retrospective
authority
9. All railways and electric telegraphs and all stations, lands, works, properties and
things belonging thereto or held in connection therewith shall be exempt from municipal or
other local rates or taxes now or hereafter to be made or imposed.

belonging thereto or held in connection therewith shall be exempt from municipal or
other local rates or taxes now or hereafter to be made or imposed.

Such exemption shall
not apply to dwelling-houses belonging to any railway company and beneficially occupied
by individuals in their private capacity. Exemption of railway
works from municipal
rates
10. "Owner" shall in this Act have the same meaning as is assigned thereto in "the
Lands and Arbitration Clauses Proclamation, 1922". Meaning of "owner"
SCHEDULE
(Section 3)
LINE OF RAILWAY
The line of railway starts from the point of Kalomo where the Rhodesia Railways' line of railway
terminates and proceeds in a northerly direction through the stations or sidings of Mukwela, Tara,
Choma, Batoka, Muzoka, Pemba, Mission, Monze, Magoye, Kaleya, Mazabuka, Lubombo,
Nega-Nega, Kafue, Chipongwe, Lilayi, Lusaka, Ngwerere, Karubwe, Chisamba, Mwomboshi,
Chikonkomene, Nyama, to a point at Kabwe which point is distant approximately 281 miles from the
point of commencement as more particularly delineated upon a plan deposited in the office of the
Minister. (As amended by S.I. No. 154 of 1965)