Uganda Railways Corporation Act

Provides definitions for terms used throughout the Act, listing many quoted terms (for example, "corporation", "board", "fare", "goods", and detailed meanings for "transit").

Establishes the Uganda Railways Corporation and gives it corporate status, succession, a common seal, and powers to sue, be sued, hold property and enter contracts for its functions under the Act.

The corporation may construct, operate and maintain railway, marine and road services for carrying passengers and goods, and may carry on activities incidental or conducive to that object, subject to this Act.

The corporation shall have a range of functions including carrying passengers and goods, providing terminals and storage, operating and constructing transport infrastructure, supplying utilities for its operations, providing passenger amenities and, with Ministerial approval, determining rates and levies; it may make provisional tariff determinations pending Minister approval.

The corporation may undertake various activities (enter into agreements, provide accommodation, act as agent, finance others, contract carriers including cross-border, hold shares, establish subsidiaries, and make agreements with governments); but it must not sell or let buildings or land placed at its disposal except with the Minister's written approval.

The corporation must not embark on any railway undertaking unless the board has first submitted a feasibility report to the Minister and the Minister has approved the undertaking in writing; if land is required the corporation must follow section 32.

The Minister is responsible for directing the corporation, may give general directions on Government policy, the corporation must follow those directions, the Minister must ensure resulting financial losses are underwritten by the Government, and the Minister must approve Government‑financed or guaranteed capital works for the corporation.

The corporation must pay members of the board and persons co‑opted under section 11 remuneration and allowances at rates determined by the Minister.

The governing body of the corporation must be a board of directors made up of the chairperson, the managing director appointed under section 21, and seven other directors; the Minister must appoint the board members (other than the managing director) from persons with specified knowledge and experience.

Members of the board (other than the managing director) hold office for three years subject to the Act and ministerial terms; the Minister may revoke appointments by writing and may appoint qualified replacements when a member is incapacitated or a vacancy arises; members may resign by writing to the Minister; persons ceasing office are eligible for reappointment.

The board must meet ordinarily once every month at a place and time appointed by the chairperson; the chairperson or at least three members may request the secretary to convene an extraordinary meeting, which the secretary must call on receipt and in any case within ten days; quorum is five members; chairperson presides (or a member elected in absence) and questions are decided by simple majority with a casting vote for the chair.

Board members must disclose any direct or indirect interest in contracts or matters at board meetings and must not participate in deliberations or decisions on those matters; failure may lead to removal.

The board may prescribe its own procedure by standing orders, except as otherwise expressly provided in the Act, and subject to the Minister’s approval.

Proceedings of the board remain valid despite any vacancy among members, defects in appointment, or participation by a person not entitled to do so.

The secretary must record and keep minutes of all board meetings in a book or file maintained by the secretary, submit those minutes to the board at its next meeting for confirmation, and when confirmed they must be signed by the chairperson and the secretary in the presence of the other members present.

The board may make decisions by circulating papers among members in writing; any member can require deferral until the matter is considered at a board meeting; such circulated decisions are not valid unless supported by not less than five members.

The corporation must minimise damage when performing listed functions; persons harmed by such damage are entitled to compensation, determined by a High Court judge, subject to specified exceptions; court rules may provide assessors.

The corporation is liable for loss or damage caused by fire from its engines in specified circumstances and not liable for fire damage to buildings within two hundred feet of railway rails; claimants must give specified written notices within set timeframes.

When pursuing compensation under sections 57, 58 or 67, the person claiming compensation must prove that loss, misdelivery, damage, detention, delay or deviation was caused by lack of reasonable foresight or care by the corporation.

No person may obtain compensation for loss, nondelivery, misdelivery, damage, delay, detention or deviation of goods accepted by the corporation for carriage or warehousing unless specified written claims and notifications are made within the prescribed time limits; a late claim may succeed if impracticable to comply and made in reasonable time.

A plaintiff must serve the managing director with a written notice of claim and intention to commence proceedings, and proceedings cannot be started until at least one month after that notice is served.

The managing director must, without delay, pay from the corporation's revenue any amounts awarded by judgment or order to the person entitled to them.

Passengers or payers are entitled to refunds for overcharges and for unused tickets (with a three-month notice rule); the corporation may collect undercharges when notified.

A court or person with authority to decide a compensation claim may order a medical examination of the injured person and may make orders about the examination costs.

The corporation, the managing director or any authorised employee may serve notices or other documents required or authorised under this Act on any person by delivering them to the person, leaving them at the person's usual or last known residence, or sending them by prepaid registered post to the person's usual or last known address.

The board may appoint committees; committees must have functions assigned by the board and be subject to conditions and restrictions the board imposes.

Section 12 (with necessary modifications) applies so that a member of a committee must disclose any interest in a contract or matter to be considered by that committee.

The board must prescribe the procedure for committees appointed under section 17 by standing orders made under section 13, except where otherwise stated in this Part.

The board is charged, subject to the Act, with formulating policies for management and control of the corporation and must ensure the corporation operates consistently with government economic policy, efficiently, and without undue preference.

The Minister must appoint a managing director on the board's recommendation; the managing director must have specified experience, serves a four-year term (reappointment allowed), holds office under board-approved service terms, is responsible for day-to-day management and staff control, and the Minister may appoint an acting officer during incapacity or remove the managing director on the board's recommendation for incapacity or misbehaviour.

Specifies appointment, qualifications, duties and meeting participation rules for the corporation's secretary.

The board may hire other employees as necessary and set their terms; employees must hold office on terms the board determines; the board may pay benefits and require contributions; public officers may be seconded; the board may delegate powers to committees, the managing director or employees.

The board may, on the advice of the managing director, engage on behalf of the corporation the services of experts and consultants for functions where they have special competence.

Sets out what makes up the corporation's funds and requires that all monies be deposited in a bank approved by the board; allows investment of surplus funds with Ministerial approval.

The board must prepare and submit annual estimates to the Minister within three months before each financial year; the Minister must consider them within one month, notify the board immediately, and no corporation expenditure may be made unless approved by the Minister under those estimates or supplementary estimates.

The board may borrow (including overdrafts, issuing stock, and securing loans) and charge corporate assets; Government may guarantee loans with the Minister's prior approval; the Minister may prescribe maximum borrowing sums.

The corporation's financial year is the twelve‑month period ending on 31 December each year.

The corporation must operate on sound commercial principles and ensure, taking one year with another, that revenue and net operating income meet specified financial requirements; the Minister may direct the percentage return on net fixed assets, and the corporation must provide cheap transport where consistent with this section.

The board must prepare annual statements of accounts (including a balance sheet and income and expenditure statement) for each financial year and keep proper accounting records; preparation must be within four months after the financial year-end and is subject to any directions in writing by the Minister responsible for finance.

Requires the Auditor General (or an auditor appointed by them) to audit a corporation's accounts for each financial year; the board must submit accounts to the Auditor General within six months after year end; the Auditor General has rights of access and to information and must audit within two months of receipt and provide reports to the board and Minister.

When land is required for the corporation, the corporation may acquire it by agreement if not public land; otherwise it may notify the Minister, and the Minister may place public land at the corporation's disposal or acquire non-public land under the Land Acquisition Act.

Authorised employees may enter upon any land and survey it for the purposes of the corporation.

The corporation or an authorised employee may enter land to prevent accidents, preserve safe operation of its transport services or repair damage; the corporation may apply to the High Court to remove obstructions or alter buildings that obstruct signals; the court may grant orders including as to compensation.

Allows the corporation or its authorised employees to enter land and alter pipes, poles, wires or drains for corporate purposes; allows affected authorities or persons to authorise representatives and require works to be executed to their representative's satisfaction; and entitles persons suffering damage from exercise of these powers to compensation under the Act.

The corporation may take water from any natural watercourse, subject to applicable law or ministerial approval when no law exists.

Prohibits provision of rail transport services and construction of rail for carriage of passengers or goods for reward within Uganda, while preserving the Government's right to provide and operate transport services for its own purposes.

The corporation must not be required by the Government to provide transport services or other facilities free or at rates that do not cover their cost, unless the Government agrees in writing to cover the loss.

When the corporation constructs a railway it must construct and maintain accommodation works during construction or as soon as practicable after completion for the benefit of owners and occupiers of adjoining lands.

Owners, occupiers or authorities may require the corporation to construct additional accommodation works; if no agreement is reached and they still want the works, they must bear the cost.

The Minister may require the corporation to alter railway crossings or install safety works; the corporation must comply; the Minister must consult before requiring works; the Ministry or institution requiring construction bears costs; the corporation retains right of way and is not liable for public failure to keep off crossings.

Before a new railway section is opened to the public, an engineer or other qualified person appointed by the managing director must certify it meets corporation standards; once certified the corporation must publish a Gazette notice declaring it open. The corporation may carry traffic during construction but is not liable for death, injury or loss in that case.

Rules for the corporation's common seal: the board decides the seal device; the secretary must keep custody; pending a seal a wafer or rubber stamp may be used; the seal, when affixed, must be authenticated by signatures of two board members plus the managing director and the secretary; certain contracts may be executed without seal by the managing director or persons authorised by the board.

The Minister, the board or the managing director may delegate functions and grant powers of attorney; acts or decisions may be signified by an authorised public officer or employee; delegation does not include power to make rules or regulations.

The managing director may, in writing, authorise any employee of the corporation to maintain order on the corporation's premises, inland waterways, ports, trains, vessels or vehicles.

Subject to this Act, the board may make rules about the terms and conditions of service of its employees, including pensions, gratuities, retiring benefits, sick funds, superannuation and provident funds, contributions and benefits, and restrictions on assignment or attachment of sums payable.

The board may make regulations (with the prior approval of the Minister and subject to written law) on a set of matters relating to the corporation, railway operations, inland waterway ports, vessels, personnel certification, licensing and protection of property.

The corporation is generally not liable for death or injury to passengers, except where such loss or injury is due to proven negligence by the corporation or an employee; however, subject to subsection (4) and contract conditions, the corporation shall be liable for loss of life or injury occurring during carriage by vessel to the extent it would be liable as vessel owner under merchant shipping law.

The corporation is not liable for loss, misdelivery or damage to goods occurring while the goods are in transit, unless the loss, misdelivery or damage arose from negligence or responsibility on the part of the corporation or its agent.

The corporation is not liable for loss caused by delay, detention or deviation in carriage of goods, except in specified circumstances.

The corporation's liability for any animal is limited to a fixed amount set and published by the corporation, unless the consigner declares the actual value with proof and pays an additional charge, in which case liability is limited to the declared value; the claimant bears the burden of proof in proceedings.

Limits the corporation's liability for goods to the value declared with proof; removes liability where consignor loads goods and corporation has not checked them; requires the corporation to specify items of exceptional value; places the burden of proving misdelivery on the claimant.

The corporation is not liable for loss, misdelivery or damage for goods undeclared or falsely accounted; its liability is capped at the value of the goods as calculated on the lowest account value.

Limits on limiting the corporation’s liability: liability cannot be limited except by a contract made according to this section, and any contract that purports to limit that liability is void unless it is in writing and signed by or on behalf of the person delivering the goods to the corporation.

The corporation is not liable for loss, misdelivery, detention or damage to goods, except where such loss or damage is caused by the corporation's want of reasonable care; a list of specified causes (e.g. act of God, government order, seizure, fire, flood, strike, defective packing, inherent wastage) are stated as grounds for non‑liability.

The corporation's liability for loss, misdelivery, damage or delay of goods deposited in a cloakroom is capped at 1,000 shillings unless the depositor declares the value and pays an excess-value surcharge, in which case liability is limited to the declared value.

The corporation may, subject to this Act, set conditions, rates, fares and charges for carrying passengers and luggage, determine classes of accommodation, publish those tariffs in a tariff notice to take effect on the date specified, provide for specified free luggage allowances, and may set case‑specific conditions and charges for special circumstances.

The corporation may set conditions and rates for carriage or warehousing of goods and determine related charges; such conditions and charges must be published in a tariff notice and may take effect on a date specified; the corporation is not responsible for giving individual notice of the conditions on which goods are accepted, carried and warehoused.

If a passenger or owner fails to pay a fare, rate or charge, the corporation may detain goods (including luggage), sell sufficient goods by auction to cover the amount and expenses, retain proceeds to cover the amount and expenses, and must deliver any remaining balance and unsold goods to the person appearing entitled; auctions for perishable goods may be immediate, while other goods require at least fifteen days' notice in a newspaper.

If goods in the corporation's possession are unclaimed and the owner (or person entitled) is known, the corporation must try to serve a removal notice; the corporation may cause off‑loading within seven days of arrival (subject to customs laws) and the owner must bear assessed off‑loading and storage risks and costs. The text also lists situations when the notice cannot be served or where the owner is unknown or has not complied.

Where the corporation holds goods (or proceeds) that are claimed by two or more persons, or where a claimant does not produce valid documents showing entitlement to delivery, the provision addresses indemnity and related treatment of such goods or proceeds.

The corporation must declare and publish places as inland waterway ports; the Minister must define their limits by statutory order and may alter the list by statutory order.

Vessels must not embark or disembark passengers or goods except at declared inland waterway ports; the managing director may authorise other places, and small boats are exempt.

The master of a vessel arriving at an inland waterway port must, if required, produce specified vessel, crew, passenger and cargo information to any authorised employee.

Every vessel (except vessels belonging to the corporation) entering an inland waterway port must pay port rates and charges determined and published by the corporation; a list of rates and charges must be kept for public inspection at every booking office within the port.

An authorised employee may arrest and detain a vessel for unpaid port charges, may sell it after seven days unpaid, retain charges and expenses from the sale proceeds, and must deliver any remaining balance to the person responsible for the port charges.

Authorised employees may direct vessel berthing and removal, remove obstructions and wrecks, take urgent actions to prevent danger, enter vessels or buildings where necessary or on reasonable grounds of an offence; masters must comply; owners of removed wrecks must pay removal expenses which may be detained or sold if unpaid.

A health officer may board vessels at an inland waterway port and perform actions including medical examination, inspection of provisions and accommodation, requiring logbooks and documents, questioning persons, and prohibiting and detaining persons who appear infected or exposed to infection.

The master of a vessel must ensure the vessel complies with this Act and may be proceeded against if the Act is contravened; the corporation must keep a copy of the Act and related inland-waterways regulations at every inland waterway port for masters to inspect.

A master of a vessel who contravenes certain listed sections or provides materially false documents or information commits an offence and faces a fine up to ten thousand shillings or up to three months' imprisonment if the fine is unpaid.

It is an offence for any person to unlawfully obstruct or damage corporation trains, vessels or vehicles, interfere with corporation property, disobey lawful orders as crew without lawful excuse, or unlawfully desert vessel employment; penalty: fine up to one hundred thousand shillings or imprisonment up to one year or both.

A long list of minor offences is prohibited for persons on corporation premises, trains, vessels or vehicles, including refusing to leave when lawfully required, refusing to give name and address, intoxication, weapons use, nuisance, damaging corporation property, obstructing navigation, travelling without permission, and failing to issue a receipt within half an hour when required.

Prohibits persons on corporation trains, vessels or vehicles from entering or remaining in restricted parts, interfering with equipment or communications, resisting lawful entry, or refusing authorised employees' directions.

Persons who commit listed ticket-related acts may be required to pay fares and penalty charges on demand; authorised employees or police may arrest in certain circumstances; the corporation may recover penalties.

It is an offence for any person to tender false receipts or make false statements in documents required for the corporation; on conviction the offender may be fined up to two hundred thousand shillings or imprisoned for up to three years, or both.

It is an offence for any person to take or deliver corrosive, highly inflammable, radioactive or prescribed goods on the corporation's trains, vessels or vehicles without the prior written consent of the corporation; a court may order compensation and, if payment is not made, impose imprisonment not exceeding six months.

Employees on duty must not endanger property or persons, including by contravening the Act, disobeying lawful orders, being under the influence of alcohol or drugs, or acting rashly or negligently.

Employees are prohibited from demanding improper amounts or failing to give receipts; the corporation retains the right to recover fraudulently received fares or charges.

If immediate arrest would endanger safe operation of the corporation's transport service, the police officer must request the corporation to relieve the employee, must not arrest until relieved, and must prevent escape; the corporation must relieve the employee promptly when requested.

Authorised employees or police officers may arrest without a warrant persons committing offences under the Act; they may require and remove persons committing specified offences from corporation premises and vehicles using reasonable force; persons so arrested or removed are not entitled to a fare refund.

Board members, committee members, employees, and other persons acting for the corporation are not personally liable for acts done in good faith and without negligence to carry the Act into effect.

The board must submit to the Minister, within three months after the end of each financial year, a report of the corporation's activities for that year which must include achievements, future plans and any other information the Minister may require in writing.

The Minister must submit to Parliament, as soon as possible after receiving them, the corporation's audited accounts (from the Auditor General under section 31) and the corporation's annual report (under section 91).

Employees of the former Uganda Railways Corporation who were in service immediately before commencement are to be treated as employees of the corporation on commencement and to hold equivalent positions on no less favourable terms, unless the board with the Minister's prior written approval directs otherwise.

On the commencement of the Act, all property, assets, rights, obligations and liabilities of the former corporation are transferred to and vest in the corporation; contracts, agreements and securities of the former corporation in force immediately before commencement have effect as and may be enforced by and against the corporation; legal proceedings that might have been continued or commenced by or against the former corporation may be continued or commenced by or against the corporation.

The former corporation is dissolved.

After this Act begins, any legal reference to the "former corporation" must be read as a reference to the "corporation."