Malawi
Railways Act
Chapter 69:03
- Commenced on 1 October 1907
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title and application
This Act may be cited as the Railways Act. It shall apply to all railways in Malawi whether already completed or in the course of construction or hereafter to be constructed.2. Interpretation
3. Sanction by Minister of railway construction
If any Company is desirous of constructing a railway within Malawi, it shall deposit in the Ministry of Transport and Communications a scheme for such railway stating the general direction and terminal points of the proposed railway accompanied by a map and thereupon the Minister, with and subject to the approval of the Minister responsible for Land after making such inquiries as he thinks fit may reject or provisionally approve the scheme.[21 of 1970]4. Deposit and approval of plans, sections, etc.
5. Railway to be made according to plans
6. ***
[repealed by 21 of 1970]Part I – Construction and works
7. Authority of railway administration to execute all necessary work
8. Temporary entry upon land for repairing or preventing accident
9. Compensation to be made for lands taken or injuriously affected
10. Purchase of land and compensation by agreement
Nothing in this Act shall prevent the acquisition of lands for the purpose of a railway by agreement between the Government or the company as the case may be and the owners of such land or the settling by agreement of the amount of compensation to be paid in respect of lands injuriously affected by the exercise of the powers conferred by this Act.11. Accommodation works
12. Power for owner, occupier or local authority to cause additional accommodation works to be made
If any owner or occupier of any land affected by any railway considers the works made under the last foregoing section to be insufficient for the commodious use of the land or if a local authority desires to construct a public road or other work across, under or over the railway he or it as the case may be may at any time require the railway administration to make at his or its expense such further accommodation works as he or it thinks necessary and are agreed to by the railway administration or as in case of difference of opinion may be authorized by the Minister.13. Fences, screens, gates and bars
The Minister may require that within a time to be specified in the requisition or within such further time as he may appoint in this behalf—14. Removal of trees dangerous to or obstructing the working of a railway
Part II – Opening of the railway
15. Right to use locomotives
16. Notice of intended opening of a railway
17. Sanction of Minister to opening of railway
18. Reopening line after temporary suspension of traffic
When an accident has occurred resulting in a temporary suspension of traffic and either the original line and works have been rapidly restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication the original line and works so restored or the temporary diversion as the case may be opened for the public carriage of passengers subject to the following conditions—19. Inspection
After any railway has been opened the railway and the rolling stock used thereon shall be inspected by an engineer to be appointed by the Minister at such intervals as the Minister shall from time to time direct.20. Power to close railway when opened
21. Reopening railway when closed
22. Penalty for contravention of Part II
If a Railway Company acts in contravention of any of the provisions of this Part it shall forfeit to Government the sum of £10 for every day during which such contravention continues.Part III – Traffic
23. Duty of railway, administration as to traffic facilities
A railway administration shall according to its powers afford all reasonable facilities for the receiving, forwarding and delivering of traffic upon and from the several railways belonging to or worked by it.24. Facilities to be given for forwarding traffic by connected railways
A railway administration having or working railways which form a continuous line of railway communication or having its terminus or stations within one mile of the terminus or stations of another railway administration shall afford all due and reasonable facilities for receiving and forwarding by one of such railways all the traffic arriving by the others at such terminus or stations without any unreasonable delay and without any preference or advantage or prejudice or disadvantage and so that no obstruction may be offered to the public desirous of using such railways as a continuous line of communication and so that all reasonable accommodation may by means of such railway be at all times afforded to the public in that behalf.25. No undue preference to be given
26. Proceedings when complaint is made of breach of last two sections
27. Proof of undue preference
28. ***
[repealed by 6 of 1970]29. Returns
Every Railway Company shall in forms to be approved by the Minister prepare half-yearly or at such intervals as the Minister may prescribe such returns of its capital and revenue transactions and its traffic as the Minister may require and shall forward a copy of such returns to the Minister at such times as he may direct.If a Railway Company fails to comply with the provisions of this section it shall forfeit the sum of £5 for every day during which the default continues after the fourteenth day from the date prescribed for the submission of the return.30. Provision for letters
It shall be lawful for a railway administration to carry letters on railway service or letters containing invoices or railway receipts for traders.Part VI – Rates
31. Taxation of railway by local authorities
The following rules shall regulate the levy of rates in respect of the railway and from the railway administration in aid of the funds of local authorities—Part V – Legal proceedings
32. Actions by and against railway administration
All actions and suits by and against a railway administration may be brought by and against the Manager and for the purpose of all such actions and suits the lands, buildings, rolling stock and other property appertaining to the said railway shall be deemed to be the property of the Manager.33. Restriction on execution against railway property
34. Service of summonses, notices, etc.
Any summons, notice, order or other document required to be served upon the Manager or upon the Company as the case may be may be served by leaving the same or sending it through the post by a registered letter addressed to the said Manager or to the Company at the principal office in Malawi of the railway administration.Part VI – Responsibility of a railway administration as carriers
35. Liability for loss or injury in respect of goods
The railway administration shall in no case be liable for loss or injury to any articles or goods to be carried by the railway unless such loss or injury shall have been caused by negligence or misconduct on the part of its agents or servants and unless the articles or goods in respect of which compensation is claimed shall have been booked and paid for or delivery thereof accepted in conformity with this Act or the Rules and Regulations made hereunder.36. Provisions as to liability in respect of carriage of certain animals
37. Liability as to passengers’ luggage
A railway administration shall not be responsible for the loss, destruction or deterioration of any passenger’s luggage unless it has been delivered into the custody of a railway official.38. Liability as to articles of special value
39. Burden of proof in respect of loss of animals or goods
In any suit against a railway administration for compensation for loss, destruction or deterioration of animals or goods delivered to the railway administration for carriage by railway it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused. In every such proceeding the burden of proving the value of the animals or goods and, where the same have been injured, the extent of the injury shall lie upon the person claiming the compensation.40. Notification of claims for compensation for loss, etc., and for refund of overcharges
41. Exoneration from responsibility in case of goods falsely described
Notwithstanding anything in the foregoing provisions of this Part a railway administration shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which an account materially false has been given to the railway administration by the owner or person having charge thereof if the loss, destruction or deterioration is in any way brought about by the false account and the railway administration shall not be responsible in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.Part VII – Accidents
42. Report of accidents
When any of the following accidents occur in the working or construction of a railway—43. Power to make Rules regarding notices
The Minister may make Rules consistent with this Act for all or any of the following purposes—44. Submission of return of accidents
Every railway administration shall send to the Minister a return of accidents occurring upon its railway, whether attended with personal injury or not, in such form and manner and at such intervals of time as the Minister may direct.45. Penalties for failure to comply with sections 42 and 43
If any Railway Company fails to give such notice of an accident as is required by section 42 and the Rules for the time being in force under section 43 it shall forfeit £10 for every day during which the omission continues and if any station master or railway servant omits to give such notice of an accident as is required by the aforesaid section and Rules he shall be punished with a fine not exceeding £5.46. Penalty for failure to comply with section 44
If any Railway Company fails to comply with the provisions of section 44 with respect to the submission of any return it shall forfeit the sum of £5 for every day during which the default continues after the fourteenth day from the date prescribed for the submission of the returns.47. Provision for compulsory medical examination of person injured in railway accident
Whenever any person injured by an accident on a railway claims compensation on account of the injury 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 some medical practitioner or practitioners named in the order and not being a witness on either side and may make such order with respect to the costs of the examination as it or he thinks fit.Part VIII – Management
48. General Rules
49. Disposal of differences between railways regarding conduct of joint traffic
Where two or more railway administrations whose railways have a common terminus or a portion of the same line of railway communication are not able to agree upon arrangements for conducting at such common terminus or at the point of junction between them their joint traffic with safety to the public the Minister upon the application of either or of any of such administrations may decide the matter in dispute between them so far as those matters relate to the safety of the public and may determine whether the whole or what portion of the expenses attending on such arrangements shall be borne by either or any of the administrations respectively.50. Maximum load for wagons
51. Maximum number of passengers
Every railway administration shall fix, subject to the approval of the Minister, the maximum number of passengers which may be carried in each compartment of every description of carriage and shall exhibit the number so fixed in a conspicuous manner, inside or outside each compartment.If a railway company contravenes the provisions of this section it shall forfeit the sum of £2 for every day during which this section is contravened.52. Powers of Manager over railway officials
In the case of a railway administered by Government the Manager may, subject to the approval of the Minister and to such Rules as the Minister may from time to time make and publish in this behalf, suspend, dismiss or fine any railway official and may publish Rules regulating the conduct of railway officials and impose penalties for breach of such Rules:Provided always that this section shall not apply to any railway official in receipt of a salary of £100 a year or upwards.53. Fares to be prepaid
No person shall enter any carriage used on a railway or any steamer belonging to a railway administration for the purpose of travelling therein without having first paid his fare and obtained a ticket. Every person desirous of travelling on the railway shall upon payment of his fare be furnished with a ticket specifying the class of carriage for and the station from and the station to which the fare has been paid and shall when required show his ticket to any railway officials duly authorized to examine the same and shall deliver up such ticket upon demand to any of the railway officials duly authorized to collect tickets. Any person not producing or delivering up his ticket as aforesaid shall be liable to pay the fare from the place whence the train or steamer originally started unless he can prove that he has travelled a less distance only, in which case he shall be liable to pay the fare only from the place whence he started.Passenger tickets to be given up on demand54. Fare and freight to be accepted conditionally
The fare or freight paid for the conveyance of passengers or goods respectively shall be deemed to be accepted only upon condition that there is room in the train. In case there shall not be room for all the passengers or goods those passengers who shall have obtained tickets for the longest distance shall have the preference and those who shall have obtained tickets for the same distance shall have the preference according to the order in which they shall have received their tickets; and the like order shall be observed as to goods:Provided that all officers and troops on duty and all other persons travelling on the business of the Government shall be entitled to be conveyed on the railway in preference to or in priority over the public without reference to the distance for which or the order in which they shall have received their tickets.55. Penalty for fraud
Any person who shall defraud or attempt to defraud a railway administration by travelling or attempting to travel upon the railway without having previously paid his fare or by riding in or upon a carriage of a higher class than that for which he shall have paid his fare or by continuing his journey in or upon any of the carriages beyond the station for which he shall have paid his fare without having previously either paid his fare for the additional distance or obtained the sanction of the station master or guard of the train or who shall knowingly and wilfully refuse or neglect on arriving at the station to which he shall have paid his fare to quit such carriage and railway premises or who shall transfer or profit by the transfer of the return half of any ticket obtained by him, or who shall in any other manner whatever attempt to evade the payment of his fare shall be liable to a fine of £2 for each offence.56. Fine for entering or leaving carriage in motion or riding on steps
Any passenger who shall get into or upon or attempt to get into or upon or shall quit or attempt to quit any carriage upon a railway while such carriage is in motion or who shall ride or attempt to ride upon the railway on the steps or any other part of a carriage except on those parts which are intended for the accommodation of passengers shall be liable to a fine of £1 for each offence.57. Fine for riding on engine, tender or luggage van
Any person other than the engineman and fireman who without the special licence of the Manager or executive officer in charge of the line shall ride or attempt to ride upon any locomotive engine or tender upon a railway and any person other than the guard or brakesman who without special permission of the Manager or traffic superintendent shall ride or attempt to ride upon the railway in or upon any luggage van or goods wagon or other vehicle not appropriated to the carriage of passengers shall be liable to a fine of £2 for each offence.58. Where smoking and chewing of betel, etc., prohibited
If any person shall smoke or shall chew betel, bhang, tobacco, opium or other like substance either inside a waiting room or in or upon any of the carriages belonging to a railway which may be specially provided for females or non-smokers or shall expectorate in any waiting room or in or upon any railway carriage he shall be liable to a fine of £1 for each offence and if any person persists in infringing this section after being warned to desist by any railway official or passenger such person in addition to incurring the liability above-mentioned may be removed by any such official from any such carriage and from the premises appertaining to the railway and shall forfeit his fare.59. Penalty for intoxication or nuisance
Any person who shall be in a state of intoxication or be insufficiently or indecently clad or who shall commit any nuisance or act of indecency in any railway carriage or upon any part of the premises appertaining to a railway or who shall wilfully and without lawful excuse interfere with the comfort of any passenger on the railway shall be liable to a fine of £2 and to imprisonment for three months; and in addition to such liability the offender may be removed by any railway official from any such carriage and also from the premises appertaining to the railway and shall forfeit his fare.60. Passengers may be directed as to the carriage or compartment in which they shall travel
Any passenger may be directed by a station master, guard or other railway official to enter and travel in any carriage or compartment which such railway official may indicate not being of a lower class than that for which he has paid his fare and any passenger refusing or neglecting to conform to such direction may be removed by any railway official from the premises appertaining to the railway and shall forfeit his fare.61. Penalty for entering private room or carriage
If any special carriage or any portion of a carriage or any private room or apartment shall be provided for the exclusive use of females any male person who without lawful excuse shall enter such carriage or portion of a carriage or any such room or apartment knowing the same to be appropriated as aforesaid or shall remain therein after being informed of its exclusive appropriation or if any special carriage or compartment has been reserved for the private use of any person or persons and anyone without lawful excuse shall enter such carriage or compartment knowing the same to be so reserved or remain therein after being requested to leave or if any person who has obtained a ticket of one class shall knowingly and wilfully refuse or neglect to leave any room or place set apart for passengers of a higher class such person may be forthwith removed therefrom and also from the premises appertaining to the railway by any railway official and shall be liable to a fine of £5 and shall forfeit his fare.62. Remedy for non-payment of the carriage of goods
If any person shall fail to pay on demand any sum due for the conveyance of any goods on a railway it shall be lawful for the Manager to detain all or any part of such goods or if the same shall have been removed from the premises appertaining to the railway any other goods of such person which shall then be on the railway or shall thereafter come into the possession of the railway administration and also after reasonable notice to such person to sell by public auction a sufficient quantity of such goods to realize the sum payable as aforesaid and all charges and expenses of such detention and sale; and out of the proceeds of the sale to retain the sum so payable together with the charges and expenses aforesaid rendering the surplus (if any) of the money arising from such sale and such of the goods as shall remain unsold to the person entitled thereto or the Manager may recover any such sum by action at law. The goods of passengers may also be detained and sold and the proceeds disposed of as above provided for non-payment of the fare due by them.Remedy for non-payment of fare63. Written account of goods to be given on demand
The owner or persons having care of any goods which shall have been carried upon a railway or shall be brought to the premises appertaining to a railway for the purpose of being carried on the railway shall on demand by any railway official deliver to such official an exact account in writing signed by him of the number or quantity and description of such goods. This provision shall not apply to passenger’s luggage.64. Penalty for giving no account or false account
If any such owner or person as aforesaid shall on demand by any railway official fail to give such account to such railway official or if he shall wilfully give a false account he shall for every such offence be liable to a fine of £2 for every ton of goods and to a fine of £1 for any quantity of goods less than a ton.65. Carriage of goods of a dangerous nature
No person shall carry upon a railway any dangerous article or be entitled to require any railway official to carry upon the railway any article which in the judgment of any railway official shall be of a dangerous nature or so bulky that it would be unsafe for the railway to convey the same; and if any person shall carry upon the railway any dangerous article or shall deliver for carriage any such article without distinctly declaring the nature of the same he shall be liable to a fine of £10 for each such offence; and it shall be lawful for any railway official to refuse to carry any luggage or parcel that may be suspected to contain articles of a dangerous nature and to require the same to be opened and in case any such luggage or parcel shall have been received by any railway official for the purpose of being carried on the railway it shall be lawful for any railway official to stop the transit thereof until he shall be satisfied as to the nature of the contents of the luggage or parcel.66. Persons suffering from leprosy, etc., not allowed to travel
If any person knowingly suffering from leprosy, smallpox or other contagious or infectious disease shall travel by a railway except in accordance with any Rules made in that behalf under this Act he shall be liable to a fine of £25 and if any person whilst travelling be discovered to be so suffering it shall be lawful for every railway official to remove him from the carriage and from the railway premises at the first opportunity and such person may in addition to any fine be ordered to pay the amount of any expenses incurred in the disinfection of any carriage or portion of a carriage occupied by him while so travelling. Any such carriage or portion of a carriage shall be properly disinfected as soon as practicable and shall not be used for the conveyance of passengers until it has been so disinfected.If a railway company fails to cause any such carriage to be disinfected in accordance with the provisions of this section it shall forfeit the sum of £2 for every day during which such default continues.67. Penalty for trespass
Any person who shall trespass upon a railway or upon any of the lands, stations or other premises appertaining thereto shall be liable to a fine of £1 and if any such person shall refuse to leave the railway or premises on being requested to do so by any railway official he shall be liable to a fine of £2 and may be immediately removed therefrom.68. Penalty for driving an animal upon or across a railway
Any person who shall wilfully ride, lead or drive upon or across a railway any animal except in directly crossing the railway at any road or place appointed for that purpose at a time at which he may lawfully do so shall be liable to a fine of £2 for each offence.69. Penalty for defacing pass or ticket
If any person wilfully alters or defaces his pass or ticket so as to render the date, number or any material portion thereof illegible he shall be liable to a fine of £5.70. Penalty for obstructing railway servant
If any person wilfully obstructs or impedes any railway servant in the discharge of his duty he shall be liable to a fine of £10.71. Occupation crossings
It shall be lawful for the Minister from time to time to declare by publication in the Gazette any road or path which a railway may cross to be an "occupation crossing". All occupation crossings shall be used subject to such Rules as the Minister may make and publish in that behalf.72. Liability of owner of animal trespassing
The owner of any animal which shall trespass or stray upon a railway or upon any lands appertaining to a railway (such railway or lands being provided with suitable fences for excluding cattle) shall be liable to a fine of 10s. for each animal and it shall be lawful for any railway official to take or drive every animal which shall be found so trespassing to the nearest Government station there to be detained until the amount of fine incurred by such trespass and the expense of feeding and keeping the animal be paid or until a magistrate shall otherwise order. Should the animal prove unmanageable it shall be lawful for any railway official to kill it and the owner will be liable to prosecution and fine if the trespass be proved. A magistrate may upon proof of the trespass cause such animal to be sold by public auction and the proceeds of the sale after deducting therefrom such fine and costs as the magistrate shall impose and such further sum as the magistrate shall order to be paid for the expenses of detaining, feeding and selling such animal shall be returned to the owner of the animal on demand.73. Penalty for injury to carriage, etc.
Any person who shall unlawfully and wilfully remove or deface any number-plate or remove or extinguish any lamp on any carriage or signal-post belonging to a railway or shall wilfully imitate any railway signal or shall wilfully or negligently damage or injure any carriage, engine, wagon, truck, station, warehouse, bridge, building, machine, rail-points, fence or any other matter or thing belonging to the railway shall be liable to a fine of £10 and to imprisonment for two months.74. Penalty for opening or not properly shutting gates or chains
If any person for whose use or accommodation any gate or chain shall have been set up by any railway official on either side of a railway or any other person shall open such gate or chain or pass or attempt to pass or drive or attempt to drive any carriage, cattle or other animal or thing across the railway at a time when any engine or train approaching along the same shall be in sight or shall at any time omit to shut and fasten such gate or chain as soon as he and any carriage, cattle or other animal or thing under his charge shall have passed through the same, he shall be liable to a fine of £5.75. Obstructing engine or carriages or endangering safety of passengers
If any person shall wilfully and maliciously put, place, cast or throw upon or across a railway any wood, stone, matter or thing or take up, remove or displace any rail, sleeper, matter or thing belonging to a railway, or turn, move or divert any points or other machinery belonging to a railway, or make, show, hide or remove any signal or light upon or near a railway or do or cause to be done any act with intent in any of the cases aforesaid to upset, obstruct, overthrow, injure or destroy any engine, tender, carriage or truck used upon a railway or to endanger the safety of any person travelling or being upon a railway or cast, throw or cause to fall or strike against, into or upon any engine, tender, carriage or truck used upon a railway any wood, stone or other matter or thing with intent to endanger the safety of any person being in or upon such engine, tender, carriage or truck every such offender shall be liable to imprisonment for twenty years.76. Penalty for willful act or omission endangering passengers
Whoever shall wilfully do any act or shall wilfully omit to do what he is legally bound to do intending by such act or omission to cause or knowing that he is thereby likely to cause the safety of any person travelling or being upon a railway to be endangered shall be liable to imprisonment for two years.77. Penalty for drunkenness or breach of duty by railway official
Any railway official who shall be in a state of intoxication whilst actually employed upon a railway or any of the works connected therewith in the discharge of any duty and any railway official who negligently shall omit to perform his duty or shall perform the same in an improper manner shall be liable on summary conviction to a fine of £10 and to imprisonment for two months and if the duty be such that the omission or negligent performance thereof would be likely to endanger the safety of any person travelling or being upon the railway such official shall be liable to imprisonment for two years.78. Penalty for an act not willful
If any person shall rashly or negligently and without lawful excuse do any act which shall be likely to endanger his own safety or that of any person travelling or being upon a railway he shall be liable to a fine of £50 and to imprisonment for six months.79. Unauthorized stopping of trains
Any person who without authority stops or attempts to stop any engine, tender, carriage or truck in motion by means of a flag or signal or any other means shall be liable to a fine of £5.80. Breach of Rules
Any person who wilfully does any act which is forbidden or neglects to do any act which is required by any Rules framed under this Act and for which no penalty is specially provided by such Rules shall be liable to a fine of £1.81. Apprehension of offenders
Every person who shall be guilty of any offence under this Act may be lawfully apprehended without any warrant or written authority by any railway official or by any other person whom such railway official shall call to his aid or by any police officer and every person so apprehended shall with all convenient despatch be carried and conveyed before a magistrate to be dealt with according to law.82. Provisions where it is necessary to arrest railway official
83. Construction of the Act
In the construction of this Act every railway official shall be legally bound to do everything necessary for or conducive to the safety of the public and every such official shall be legally prohibited from doing every act which shall be likely to cause danger.84. Liability of offenders to pay costs of conviction
In case of any conviction under this Act the magistrate may order the offender to pay the costs of such conviction in addition to any penalty or expenses to which he may be liable. Such costs may be assessed by the magistrate and may be levied and recovered in the same manner as any penalty under this Act.85. Recovery of money due; damages and expenses
In every case in which any person shall be liable under this Act to pay any sum of money, damages or expenses the same may be levied and recovered in the same manner as any penalties under this Act and if necessary the amount thereof may be fixed and assessed by the magistrate before whom the case shall be tried.86. Limitation of time for commencement of actions and prosecutions
All actions and prosecutions which may be lawfully brought against any person for anything done or intended to be done or omitted to be done under this Act shall be commenced within three months after the occurrence of the matter complained of and not otherwise.87. Enforcing payment of fare by passenger not producing ticket
The payment of any fare for which any passenger not producing or delivering up his ticket is liable may be enforced in the same manner as any fine imposed by this Act.88. A copy of this Act to be shown at railway stations
A copy of this Act and of the Rules, time tables and tariff of charges in respect of any railway which shall from time to time be duly made and published shall be exhibited in some conspicuous place at each station of the railway so that they may be easily seen and read and all such documents shall be so exhibited in English and in such other languages as the Minister may direct. There shall also be exhibited in like manner within and also without each station of the railway a schedule of all offences punishable under this Act or any Rules made hereunder and of the penalties attaching to each offence respectively.If any Railway Company fails to comply with any of the provisions of this section it shall forfeit a sum of £2 for every day during which such default continues.89. Penalty for removing documents or notices
Any person who shall wilfully or maliciously remove, deface or in any way injure any document exhibited by the railway authorities as required by the last preceding section or any notice or document posted by them at the station or anywhere upon the railway shall be liable to a fine of £2 and to imprisonment for one month.History of this document
31 December 2014 this version
Consolidation
01 October 1907
Commenced