The Road Transport Corporation Act, 1964

Section No.

THE ROAD TRANSPORT CORPORATION ACT, 1964 BE IT ENACTED by the Queen's Most Excellent Majesty. by and ment.with the advice and consent of the House of Representatives inthis present Parliament assembled, and by the authority of thesame, as follows:

This Act may be cited as the Road Transport Corpora- Short titetion Act, 1964, and shall come into operation on such ate asthe Minister may by order appoint:and com mencement A122 Interpreta tion. Establish ment and incorporationof the Cor. Common seal and ments. Provided that the Miniser may. if he considers it neca sary ot expedient, either by one Order or different Orders, appoint diferent dates for the coming into operation of diferent provisions hereof.

"Chairman" means the person appointed to be Chairman of the Corporation under section 5 and includes any temporary Chaitman so appointed; "Coporation " means the Sierra Leone Road Transport Corporation established under the provisions of section 3: General Manager Corporation: means the General Manager of the gOOds " includes animals, alive or dead: member of the Corporation " or "member " includes the Chairman, a temporary Chairman, and any tem. porary member of the Corporation; "Minister " except where otherwise expressed or des. cribed mcans the Minister for the time being charged with responsibility for communications; " Road Transport Department" means the Road Transport Department of the Government; " Secretary" means the Secretary appointed under sec tion 17: " stock " includes all stocks, bonds and other securities issued by the Corporation for money borrowed or loan capital raised by it, whether secured or unsecured and by whatever name described; " vesting day" means such date as the Minister shall by notice published in the Gazette appoint for the vest ing in the Corporation of the assets described in the First Schedule in accordance with section 21. PART II-ESTABLISHMENT OF CORPORATION

(1) The Corporation shall have a common seal and tneauthentica afixing of the seal shall be authenticated by the signature of tnetion of docu. Chairman or some other member of the Corporation authorised, (2) The Corporation shall be a body corporate witnperpetual succession and shall have power to acquire, hold anddispose of property whether movable or immovable, to enter intocontracts, to sue and to be sued in its corporate name and odo all things necessary for the purpose of this Act. either generally or specially, by the Corporation to act for thepurpose, and of the Secretary or some other person authorised,either generally or specially, by the Corporation to act for iat purpose. (2) Every document purporting to be an orderinstrument issued by the Corporation and to be scaled with theseal of the Corporation authenticated as provided by this section.or to be signed by the Secretary. shall be received in evidenceand be deemed to be such order or instrument without furtherproof. unless the contrary is shown. (3) In appropriate cases the seal may be affixed todocuments outside Sierra Leone. S. () The Corporation shall consist of- (4) Notwithstanding any rule of law to the contrarythe Corporation may enter into contracts and transact businessin all respects in the same manner as a private individual. (a) a Chairnnan ; (b) not more than four appointed members; Or (c) the Permanent Secretary, Ministry of Communications or his representative; (e) the Manager of Sierra Leone Airways;() the Establishment Secretary. (d) a representative of the Ministry of Finance to be appointed by the Minister of Finance; (2) The Chairman and the appointed members shall becitizens of Sierra Leone appointed by the Minister and shall holdofice subject to such conditions as the Minister may determine. (3) Where the Chairman or any appointed member isfor good reason temporarily unable to perform his functions anduntil such time as the Minister appoints some other person toact for the Chairman or such member, the Corporation mayappoint a person so to act: Provided that in the case of the appointee of theMinister of Finance, the Minister of Finanoe shall appointto fill the vacancy. (4) Every appointment, or termination thereof, underthis section and every cessation of membership or removal fromoffice under section 6 shal be effected in writing under the handof the Minister and notice thereof shall be published in theGuzette. (b) is made bankrupt; or A 123

(c) becomes of unsound mind or otherwise incompetentto act as a member; or Constitution (d) fails to attend three consecutive meetings of theCorporation (unless such failure be occasioned by anyreasonable cause allowed by the Corporation); or of the Cor (a) accepts or continues to hold an office or employment val fromwith the Corporation; or membership of and remo A 124 members. Procedure of (ion. Immuni of 7. No member of the Corporation shall be persSonally liable for any debt or obligation of the Corporation. No. 17 Rodd Iransport Corporation

(1) Subject to the provision of this Act, the Corporationthe Corpora- may make Standing Orders regulating its procedure generally, Disclosure of interest. Remunera (c) resigns his oflice by written notice to the Minister: then, in anv of the cases mentioned in paragraphs (a) to (d), he shall fothwith cease to be a member of the Corporation and the Coporation shall report the fact and the date of such cessation to the Minister, and in the case mentioned in paragraph (e), the Minister may accept or reject the resignation at his discretion. bers. ()at any timc it appears to the Governor-General that the removal from office of the Chairman or any appointed member of the Corporation is necessary in the interests of the cllective and economical performance of the functions of the Corporation the Governor-General may remove from office the Chairman or any such member without assigning any reason therefer. and in particular regarding (a) the holding of meetings and the notice to be given of such meetings ; (b) the proceedings thereat; (c) the keeping of minutes and the custody, production and inspection of such minutes; (d) the custody and use of the common seal. (2) The quorum at any meeting of the Corporation shall be five members, one of whom shall be the Chairman or the temporary Chairman. (3) A decision of the majority of the members present and voting at a meeting of the Corporation shall be deemed to be a decision of the Corporation. (4) In the event of an equality of votes the Chairman shall have a casting vote in addition to his deliberative vote. (5) The Corporation shall meet for the despatch of business at such times and places as the Chairman may from time to time appoint, but not less than four times a year.

The Corporation shall pay to the members thereof suchtion of mem- remuneration, fees and allowances for expenses as may be deter* mined by the Minister after consultation with and the prior approval of the Minister of Finance: 9. Any member having a personal interest, whether pecu niary or otherwise, direct or indirect, in any company or concernwith which the Corporation proposes to make any contract, or any interest in such contract, shall disclose to the Corporation the fact of such interest and the nature thereof, and such dis closure shall be recorded in the minutes of the Corporation, and such member shall take no part in any deliberation or deci sion of the Corporation relating to such contract. Provided that other than such as the Minister shall be Road TransporrCorporation no such remuneration, fees or allowances may be expressly authorised in writing by paid to any member who is apublic ofñcer. PART I| FUNCTIONS, DUTIES AND POWERS

SubËect to the provisions of this Act, it shall be the Duties ofduty of the Corporation to (b) establish. operate and maintain such additional transort services for the conveyance of passengers andgoods as it may deem expedient, subject to theapproval of the Minister: (a) take over, operate and maintain the public transportservices of the Government for the conveyance of passengers and goods established under the Public cap, 137.Transport Services Act: (c) maintain, and where necessary develop any premises,workshops, depots and other installations taken overfrom the Road Transport Department;(d) establish, operate and maintain such other installations as the Corporation may deem it expedient toestablish: (e) in so far as it is able to do so, provide for roadtransport services at reasonable prices to the public;() service, maintain and repair (i) the Corporation's motor vehicles;(ii) at reasonable charges, all motor vehicles ownedby or used for the purposes of the Government;and any other motor vehicles when it appearsjustifiable to the Corporation so to do havingregard to the prior needs of the Corporation andof the Government, to the commercial benefit ofso doing and to the public benefit; (g) engage in any requisite constructional activities ancillary to its own needs and those of the Government,or, subject to the approval of the Minister, to thoseof the general public: Provided that all financial transactions connectedwith any such activities shall be carried out havingregard to the provisions of sections 35 and 36:(h) carry on any business usually associated with a publicroad transport undertaking. A 125

(a) acquire, construct, manufacture, maintain or repairanything required for the purposes of the Corporation; Powers of A 126 Powers of man (b) carry on the business of carrier by land, warehouee or any other business recommended by the Minister as desirable for the purposes of the Corpo. ration: (e) determine and impose charges for any services per. formed by the Corporation; (d) sell by public tender. let. or otherwise dispose of, any Droperty which appears to the Corporation to be unnecessary for the purposes of the Corporation : (e) enter into agreennents with any person (i) for the supply, construction, manufacture, main tenance or repair by that person of any property, movable or immovable, necessary or desirable for the purposes of the Corporation; (ii) for the operation or the provision of any faci lities which may be operated or provided by the Corporation: (() do anything for the purposes of advancing the skill of persons employed by the Corporation, including the provision by the Corporation, and the assistance of the provision by others, of facilities for training, education and research; (g) provide houses, hostels, canteens and other like accommodation and facilities for persons employed by the Corporation; (h) engage in any other lawful activity, subject to the approval of the Minister. (2) The provisions of this section shall not be construed as limiting any power of the Corporation conferred by or under any of the provisions of this Act.

Minister in Corporation give the Corporation directions of a general charac relation to ter as to the discharge by it of its functions in relation to matters the Corpora- appearing to the Minister to affect the public interest, and the Corporation shall give effect to any such directions. (2) The Minister may, after consultation with the Corporation, give the Corporation specific directions for the pur pose of remedying any defect which may be disclosed in the general arrangements of the Corporation for the discharge ol its functions under this Act, and the Corporation shall 8 effect to any such directions. (3) The Corporation shall afford the Minister facilities for obtaining information with respect to the property and func tions of the Corporation, and shall furnish him with returns. accounts and other information with respect thereto and afford him facilities for the verification of information furnished, in such manner and at such tÉmes as he may require. tion. (4) The Road Tramsport Corporation 1964 Corporation shall not be required to introduce or maintain any serVice which in its view and that of its auditors mav is likely to or dOes operate at a financial loss, unless the iover. ment undertakes to underwrite any such loss.

The Corporation may. with the approval of the Minis- Power toter. make rules for all or any of the following purposes, and make rules. regulate therein any particular kind of public transport service and specify the district. town o place to which such rules may apply (a) for regulating the travelling upon and use of vehicles engaged in its public transport services: (6) for preventing the commission of any nuisances or offences in or upon any vehicle so employed; (c) for fixing charges, passenger fares, rates for goods (including insurance premiums) and special charges for hire of such vehicles; (d) for fixing stands for such vehicles, and the points at which they may stop a longer time than is necessary for the taking up and setting down of passengers desirous of entering or leaving the same; (e) for imposing conditions with respect to the receiving, forwarding and delivery of goods , ) for establishing commencement and terminal points and routes generally to be operated by its public transport services; (g) generally for carrying into effect the purposes of this Act. A127

The Minister may, in consultation with the Corpora- Power totion, by Order appropriate particular routes, roads and streets appropriateto the use of vehicles employed in the public transport services particular established and maintained by the Corporation, to the exclusion etc. to vehi routes, roads of the use of such routes, roads and streets by any or every es other kind of public vehicle or particular class of public vehicleplying for passenger hire or fares or conveying goods for profit.subject to such qualifications and exceptions as the Order mayspecify: Provided that no such appropriation shall affect suchtraffic proceeding to or from towns or villages outside the limitsof any such particular routes, and provided further that anyvehicles engaged in such traffic shall not take up or set downany pasSengers or goods along the particular routes, roads andstreets appropriated and reserved to the use of the Corporation Spublic transport service vehicles. A128 Appoint ment of General delegation of functions. Appoint l6. () There shall be an officer of the Corporation to be Manager and ive oficer, and shall be responsible for the execution of theknown as the (General Managcr who shall be the chief execuolicy of the Corporation and the transaction of its day to day cretary. Employmentof servants and agents. Power to make regula tions rela and admini stration. Public Officers Protection Road I'ransportCorporation PARI IV OFFICERS AND SERVANTS OF THE business. to officers, etc. of Cor Cap. 172, CORPORATION ) he General Manager shall be appointed in the fre, iDstance h the Minister. and thereatter by the Corporation . Provided that at any time the Government holde ment of Se- to be known as the Secretary, who shall be appointed in the more han S0 per centum of the stock of the Corporation, any appointment made by the Corporation under this subsectio shall be subject to the approval of the Minister. (3) The Corporation shall delegate to Manager the power to exercise superv1S10n and control over the acts and proceedings of all servants of the Corporation in matters of executive administration and in matters concerning the accounts and records of the Corporation, and subject to any restriction which may be imposed by the Corporation, the power to dispose of all questions relating to the service of the said servants and their discipline, pay, privileges and allowances. (4) The Corporation shall delegate to the General Manager such of its functions as are necessary to enable him to transact efficiently the day to day businesss.of the Corporationand for this purpose the Corporation may from time to timeissue written instructions under its common seal. (5) The General Manager shall not be a member ofthe Corporation, but shall have the right to be present at allor any meetings of the Corporation, except when any matterinvolving him perSonally is being discussed, and shall be furnished with copies of all notices, agenda and minutes of allmeetings of the Corporation. the General

The Corporation may from time to time, for theting to staff regulations concerning the conditions and terms of employment better administration of the Corporation, issue orders and first instance by the Minister, änd thereafter by the Corporation.18. Subject to the provisions of the Act, the Corporationshall employ such servants and agents as it may think nccessa for the due discharge of its functions under this Act, upon suchterms and conditions of service as it may determine. of its officers and servants.20. Where any action prosecution or other proceeding Act to apply committed by any officer, servant or agent of the Corporation commenced in respect of any act, neglect or default done or in his capacity as its servant or agent the provisions of thePublic Officers Protection Act shall apply as though Such officer, servant or agent were a public officer. t if ct ad en d. may beof Act, ued rced against the ofaction. insteadmentioned, if had en named therein had been party thereto. Schedule. Contracts,deedsbonds, tothe26. agreenents, instruments, debts, credits liabilities manneragreed. eSt lid stock issued bear pon between Corporation, StoA OT transferred stock agreed issue o ls Act, create respect ferred Lhe 25. So sOon after are transferred Compensdassetstranstiontorrightsand Tegard vested. upon between Corporation, having Created increased sum agreed Order made 22, free reserve When are vested day virtue Act. total at day, having regard agreed upon between

provide free reserve Provisionreserve. forfree Minister time time determine. subject conditions interest repayment advance account created subsection equivalent total advances. create advance account favour provide working capital, capital. noration shall, respect moneys advanced 3. () So soon after day Cor- Advanceworkingaccount assurance from1 date Comes into force. Order virtue vest yearsfrom Schedule. day, Order, 22.The a virtue of Act without further assurance. addany add Generalmay Governor Schedule.Firstvestingday. PART A129 Tporation ofment espect sferred causes before day ediately against Governproceedings proceeding27. Any cause action pending Or exist1ng Pending thereinCorporation mentioned, extent therein Second shallSchedule apply have ellect favour against tracts, etc. arrangements which working Second çon- Subject sections 29, all Transfer at rate date like Act without further bi Order nmade deemed described First Schedule, added First period two GovernOr-General may, within described in First Schedule vest byshall notice in Gazette (hereinafter called day) ssets 21. Upon date appointcd Minister Transfer V-TRANSFER OFASSETS A 130 Employment or second ment of established officersof the Road Transport Departnent. Cap, 173, Vol. VI Pago 1295. No. 17 Road TramsportCorporation PART VI EMPLOYMENT, SECONDMENT AND TRANC FER OF PERSONNEL FROM THE ROAD TRANSPORT DEPARTMENT

(1) The provisions of this section shall apply toofficers who on the vesting day (a) are members of the staff of the Road Transport Departnment; and (b) are within the provisions of any cnactment Governnment General Order relating to pensions gratuities, and (c) have either i) accepted employment with the Corporation; Or (ii) been selected by the Corporation with the agreement of Government for secondment to the service of the Corporation: Provided that nothing in this section shall be construed sO as to preclude an officer to whom it applies from applying at any time within any period of secondment to be posted to a Govern ment department in accordance with the terms and conditions of service attaching to the appointment held by such officer at the vesting day, and, upon any such application being made, the same consideration shall be given thereto as though the applicant had not been seconded. (2) Within the period of one year from the com mencement of his secondment the Corporation shall offer to each officer seconded to the service of the Corporation permanentemployment with the Corporation, upon terms and conditions generally not less favourable than those attaching to the appointment under the Government held by such oficer at the vestingday. (3) Every officer to whom the provisions of this sectionapply who has accepted or who accepts permanent employnenwith the Corporation shall, for all purposes other than côntnbution under any widows' and orphans' pension schemehereinafter mentioned, be deemed to haye ceased to be in ueservice of the Government on the vesting day: Provided that such officer shall not become entitled to receive any pension or gratuity under the Pensions Act merely because he is deemed to have ceased to be in the service of the Government under this section, but Service with the Corporatioumay be deemed to be public service with a Scheduled Govern ment within the meaning of Part III of the Pensions Rules. (4) For the purposes of such permanent employment the Corporation shall establish in respect of all officers to whom this section applies a scheme or schemes of pensions. retiring allowances or gratuities not less favourable than the scheme or No. 17 Road T'ransportCorporation 1964 schemes of pensions, retiring allowances or gratuities, (other than the Scheme of Retirement Benefits set out in the Schedule to the Sierra Leone (Constitution) Order in Council, 1958) applicable to such officers under any Act or Government General Orders in force at the date of the vesting day. For the purpose of this subsection a scheme of pensions does not include a widows' and orphans' pensions scheme. (5) Upon the expiration of the period of one year specified in subsection (2) any seconded officer who has not accepted ermanent employment with the Corporation under the provisions of this section, and who cannot continue to be employed by the Government in any suitable capacity, shall be deemed to have retired from the service of the Government in consequence of the abolition of his office, or, if such officer is, at that date, entitled to any period of leave, on such later date as will enable him to take such leave, and the provisions of any Act relating to pensions or of any Government General Orders relating to retiring allowances or gratuities applicable to such officer shall apply accordingly: Provided that the Corporation may, with the consent of the oier, at any time before the expiration of such period of one year, terminate the secondment of any officer who does not desire to accept permanent employment with the Corporation and, in such case, the provisions of this subsection shall apply as if the said period of one year had expired on the date of such termination. (6) The Corporation shall pay, in respect of any periodof secondment of any officer to whom the provisions of thissection apply who does not accept permanent employment withthe Corporation under the provisions of this section, such contributions to the cost of the pension, retiring allowance orgratuity of such officer as shall be agreed between the Government and the Corporation.

(1) The proisions of this section shal apply to any secondmentofficers and employees of the Road Transport Department who, and transnot being persons to whom the provisions of section 28 apply, fer of otherare seconded or transferred, as the case may be, from the service omployees oof the Government to the service of the Corporation in accord- Transportthe Road ance with the provisions of this section. (2) Every such officer or employee who is serving undera written contract of service with the Government shall beseconded on the vesting day to the service of the Corporationfor the unexpired period of such oontract. A 131 (3) Every other such officer or employee shall betransferred on the vesting day to the service of the Corporationat the same rate of pay and, as nearly as may be, on the sameterms and conditions of service as those on which he was Department. A 132 Widows' and orphans pensions. Cap. 174. Cap. 175. Cap. 175. Cap. 175. Transfer or socondmentafter the vesting day. Power to borrow money for capital pur issue pOrities,give guarantees and charge assets. No. 17 Road Transport Corporation 1964 employed in the Road Transport Department immediately before the vesting day, and, on such transfer, service with the Corpora tion shall be deemed to be continuous with any service with the Government immediately prior to the date of transfer. (4) Nothing in this section shalI be deemed to affect any right of the Corporation to terminate the employment or secondnent of any oficer or employee transferred or seconded to the service of the Corporation.

Every officer who accepts permanent employment withthe Corporation and who, at the vesting day, was a contributor to a widows' and orphans' pension scheme established under the Widows and Orphans (African Officers) Pensions Act, or under the Widows and Orphans (Overseas Officers) Pensions Act. shall continue to contribute to such scheme and shall be entitled to benefit under such scheme to all intents as if his service with the Corporation were service with the Government: Provided that, if at any time the Corporation establishes a widows' and orphans' pension scheme, any such officer may elect to contribute to such last mentioned scheme, and, in such event (a) in the case of overseas officers the provisions of section 17 of the Widows and Orphans (Overseas Officers) Pensions Act shall apply and for such purpose service with. the Corporation shall be deemed to be public service within the meaning of that section; (b) in the case of African oficers provisions analogous to those contained in, or applied by, section 17 of the Widows and Orphans (Overseas Oficers) Pensions Act shall apply in the same manner as they apply to overseas officers and with all such modifications as may be necessary or expedient, and the Corporation may from time to time issue such detailed directions or regulations as may be required to ensure the effective application of this para graph.

Department is seconded or transferred to the Corporation on a ate subsequent to the vesting day, the appropriate provisions of this Part shall apply to such officer or employee and shal be read as though that date were the vesting day. PART VII-POWER TO BORROW AND RAISE CAPITAL

(1) The Corporation may for the purposes of performing its functions under this Act, from time to time, with the prior approval of the Minister of Finance (a) borroW money or raise capital in any currency and from any source for (i) the provision of working capital: (ii)) the redemption of any stock it is required or entitled to redeem: (ii) any other expenditure properily chargeable to capital account: (6) issue any stock; (c) give any guarantee; (d) create or maintain any mortgage or charge either fixed or floating over the whole or any part of its property. (2) Money borrowed or capital raised under the provi sions of this section shall be appropriated to the purpose for which the money or the capital has been borrowed or raised and shall be secured upon the property and funds of the Cor

(b) incur indebtedness to persons for the supply of goods or services in the normal course of the Corporation's business. (a) with the prior approval of the Minister after consulta- borrowmoney and tion with the Minister of Finance, borrow by way of incur indeb Overdraft or otherwise such sums as it may require tedness for for meeting its current obligations and discharging its other purposes. functions under this Act ; PART VII GENERAL FINANCIAL PROVISIONS, ACCOUNT, AUDIT AND ANNUAL REPORT

The Government may guarantee in such manner and Governmentupon such terms as it may think fit, the payment of the interest may guaran and principal, or either of them, of any loan proposed to be tee loansmade to the raised by the Corporation. Corporation. i) all taxes (if any), salaries, allowances, working expenses and other outgoings properly charge able to revenue account in that year, including depreciation and interest payable; A 133

It shall be the duty of the Corporation so to exercise Generaland perform its functions under this Act duty of the Corpora (a) as to secure that the total revenues, excluding capital tion in and other non-revenue receipts, in any financial year fnancial of the Corporation shall be sufficient as nearly as may matters. be to meet (ii) any sums falling to be paid in such year in respect of repayment of the principal of any money borrowed by the Corporation to the extent that such repayments exceed provision for depreciation: Power to (iii) any provisions that the Corporation is bound or considers it prudent to make for the redemption of stock issued by the Corporation:(iv) such sums as the Corporation may think properto set aside in that year for reserve funds, extensions, renewals and like purposes and A 134 Application of Revenue. No, 17 Iovostment of Funds. Accounts and audit, (1) The revenue of the Corporation for any financial year of the Corporation shall be applied in defraying the following (b) as to secure reasonable returns on any of its capital invested.

(a) the remuneration, fees and allowances of the mem. bers of the Corporation: b) the salaries, fees, remuneration, pensions, superannu ation allowances and gratuities (including any payment to the Government on account of Pensions and gratuities under section 28) of the officers agents and servants and technical and other advisers of the Corporation: () operating expenses and expenditure on, or provision for, the maintenance of any of the property of the Corporation and the discharge of the fnuctions of the Corporation properly chargeable to revenue account; d) interest on any stock issued and on any loan raised by the Corporation : (e) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making pro vision for the redemption of stock or the repayment of other borrowed moneys; () depreciation charges; (e) any other expenditure authorised by the Corporation and properly chargeable to revenue account. (2) The balance of the revenue of the Corporation shall be applied to the creation of general or specific reserve funds to be used for maintaining and improving the financial sound ness of the Corporation and for financing further developments.

Any funds of the Corporation not immediately requiredto be expended in the meeting of any obligations or the discharge of any functions of the Corporation may be invested in such manner as may be approved by the Minister of Finance.

(1) The Corporation shall keep proper books of accountand other records in relation to the business of the Corporation and shall prepare in respect of each financial year of the Corpora tion a statement of accounts in a form which shall conform to the best commercial standards. (2) The statement of accounts shall be in such form and contain such particulars as the Minister, in consultation with the Corporation, may from time to time direct, and which present an accurate view of the financial position of the Corporation and of the results of the Corporation's operations for the year to whích it relates, (3) The accounts of the Corporation shall be audited by independent auditors who shall be members of a recognised body of qualified accountants to be appointed annually by the Corporation with the approval of the Minister. (4) So soon as the accounts have been audited, which shall be not more than six months after the end of cach financial year of the Corporation, the Corporation shall send copies of the statement of accounts referred to in subsection (1) to the Minister and the Minister of Finance together with a copy of any report made by the auditors on the statement or on the accounts of the (S) The Minister shall cause a copy of every such state ment and report to be laid on the Table of the House of Representatives.

(1) The Corporation shall, as soon as possible after the Annualend of each financial year of the Corporation, make to the Minis- Report. ter a report on the exercise and performance by it of its functions during the year and on its policy and programme. (2) The report of the Corporation for any year shall set out any direction given by the Minister to the Corporation during tha: year unless the Minister has certified in writing to the Corporation that it is against the public interest to do so. (3) The Minister may give directions as to the form of the reports to be made under this section and the Corporation shall comply with any such directions. (4) The Minister shall cause a copy of every such report to be laid on the Table of the House of Representatives. PART DX-SUPERANNUATION, PENSIONS AND GRATUITIES establish a scheme or Super40. C) The Corpora.ion shall schemes for the payment of superannuation allowances, pensions annuation or gratuities to oficers and servants of the Corporation, who and pensio n schemes, retire from the service of the Corporation, or otherwise cease te to hold office, in such circumstances as may be set out in any such scheme or schemes. (2) The following provisions shall apply to any scheme established under subsection (1) À 135 (a) no assurance on the life of any contributor under any such scheme and no moneys or other benefits payable under any such assuranco, and no pen sion, gratuity or other allowance granted under any such scheme, shall be assignable or trans ferable, or liable to be garnished, attached. sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt ue to the Corporation or to the Government: (b) no donation or contribution to a fund established under any such scheme or interest therein shall be liable to be attached, sequestered or levicd upon for or in respect of any debt or claim what soever other than a debt due to the Corporation or the Government; A 136 Acquisition of land. Cap. 116. No. 17 Roal Iraisport Corpuruton 1904 (c) no such donation or conribution or interest shall be subjcct lo the debls ol the contuioutor, nor shall such donation contributuon or interest pass to a Rccciver on the bankruptcy of such conri butor, but, if such conribuor s adjudicatud a bankrupt or is declared insolvent by a court, such donation or contribution or interest shall, subject to the provisions of this Act, be deemed (o be impressed with a trust in favour of the dependants of the contributor or any other per son entitled therelo under the proviSions of the schenne ; (d) the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deduction shall continue in be made notwithstanding the provisions of any Act, and the portion of salary so deducted shall not be deemed to form part of his after acquired property: (e) subject to the provisions of any such scheme, all moneys paid or payable out of any fund estab lished under any such scheme on the death of a contributor shall be deemed to be impressed with a trust in favour of the persOns entitled thereto and shall not be deemed to form part of his estate or be subject to the payment of his debts. (3) The Corporation may establish a scheme or schemes for the payment of allowances, pensions or gratuities to the dependants of any oficer or servant of the Corporation who dies while in the service of the Corporation or after leaving such service in any of the circumstances which may be set out in such scheme or schemes, and the provisions of subsection (2) shall apply to any scheme as though such schene were a scheme established under subsection (1), and any scheme established under this subsection may be incorporated within a scheme established under subsection (1). PART X-PROVISIONS RELATING TO LAND

(1) When the Corporation is unable to acquire byprivate treaty or agreement any land in the Western Area order required for the purposes of this Act the Minister may proceedings be taken for the compulsory acquisition of such land in accordance with the provisions of the Public Lands Act and such acquisition shall be deemed to be for public work within the meaning of that Act. Any land so acquired shall be vested in the Corporation by a certificate under the hand of the Minister describing the land and stating it is so vested. (2) When the Corpora'ion is unable to acquire by prl vate treaty or agreenent the leasehold of any land in the Provinces required for the purposes of this Act, the Minister of Internal AffairS may authorise any person to execute, in te goods.delayofLiabilityfor its servants: reasonable forsight care part unless delay, detention deviation caused want delay to, detention of, deviation goods 47. arising occurred during upon' burden proving that Where seeks avoid liability Servant agent owner, consignor consignet. ) acts owner, consignor consignee tne delivery :or )incorrector cientpacking; (h) defective containers defective insecure insuffi negligence its servants ; presence vermin insect pests being due defect, inherent vice, natural deterioration (g) inherent liability wastage bulk weight, latent orgeneral;restraint labour fron whatever cause whether partial () riots, civil commotions, strikes, lock-outs, stoppage (e) orders restrictions imposed Government: (d) arrest restraint seizure legal procesS; (c) casualty including fire, flood explosion; (6) act war Queen's enemies; ofgoods. (a) act God; Corporationponsibility ofMeasure of Occurs during arose goods carried where general res-

Subject other Act, asacarrier (b) As aCarrier Goods excess declared. case sum prescribcd 14: tion insurance premium eXcess ten pounds time delivery have declarcd its paid Corpora delivering same at sum exceeding ten pounds unless person poration luggage, it (3) Where virtue subsection Cor. thatbehalf.issued thercfor official authorised booked, deposited cloakroom, receipt premises unlesS luggage accepted employed otherwise disposed danmage pa ssenger's luggage left with person A138 No.17 RoadTransportCorporation insufficient description address Provided that the Corporation shall not in any circum stances be liable for any loss arising from delay to. detention of, or deviation in the carriage of goods (a) where there has been fraud on the part of the con signor: (b) uniess a document acknowledging the receipt of such goods for carriage by the Corporation has been given; () which at the time such delay, detention or deviation occurred were being carried by any transport service other than one provided by the Corporation or under the control of the Corporation; (d) where there is a loss in a particular market whether held daily or at intervals; (e) where such delay, detention or deviation arises from (i) insufficient or improper packing ; (ii) riots, civil commotions, strikes, lock-outs, stop page or restraint of labour from whatever cause, whether partial or general. (a) in the case of a horse £50;

(b) in the case of any cattle £5; (c) in the case of any other animal £1, unless at the time of acceptance of such animal by thetion for carriage the consignor or his agent declares that thevalue of the animal exceeds the appropriate amount and pays,or agrees to pay, such additional charge as may be prescribedin respect of such excess value, and the liability of the CorporaLion shall not in any case exceed the declared value. Corpora (2) ln any proceedings against the Corporation for therecovery of the sum in respect of any animal, the burden of proying the value of the animal, and where the animal has beeninjured, the extent of the injury, shall be upon the claimant. (c) As a Warehouseman (3) The Corporation may by order vary the provisionsof paragraphs (a) (b) and (c) of subsection (1). (a) delivered to, or in custody of, the Corporation otherwise than for the purpose of carriage: A 139 liability for loss of or injury to animals.

Subject to the provisions of this Act or any contract, Liability asthe Corporation shall not be liable for the loss, misdelivery or Warenousedetention of or damage to, goods (b) accepted by the Corporation for carriage, where suchloss, misdelivery, detention or damage occurs otherwise than during carriage : man, A 140 No. 17 Penalty for frauds. except where such loss, misdelivery, detention Of damage is caused by want of reasonable foresight and care on the part of Corporation or any of its servants: Provided that the Corporation shall in no case be liahla for such loss, misdelivery, detention or damage arising from anv of the circumstances as set out in paragraphs (a) to () of suh. sction (1) of section 46. PART XII--OFFENCES Penalty for S0. 1f any person shall wilfully hinder or obstruct, or casea obstructing or procure to be hindered or obstructed, any servant of the Cor. Corporationofficials. poration employed in doing anything authorised by this Act to be done, or in the exercise of any of the powers of authorities in this Act contained, he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ffty pounds or to imprisonment for a term not exceeding three monthe or to both such fine and such imprisonment.

Any person who shall defraud, or attempt to defraud.the Corporation (a) by travelling, or attempting to travel, on any of the Corporation's vehicles without having previously paid his fare; or (b) by continuing his journey in or upon any such vehicle beyond the stop for which he shall have paid his fare without having previously paid his fare for the additional distance; or (c) by attempting to evade the payment of his fare in any other manner whatever; or (d) by knowingly and wilfully neglecting or refusing, on arriving at the stop to which he shall have paid his fare, to quit such vehicle; or (e) by transferring, for profit or otherwise, the return half of any ticket obtained by him, shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds. Refusal to 52. Where any person shall deliver to any servant of the give descrip- Corporation any goods to be carried by the Corporation, and i tion of goods, delivered to required to give an account of the quantity or description of such Corporation; goods, shall neglect or refuse to give such account, or shall wilfully and power to give a false account, such person shall be guilty of an offence and detain goods. shal! be liable on summary conviction to a fine not eXceenytwenty pounds; and it shall be lawful for any servant of tne Corporation to detain any goods which he has reasonable grounUfor suspecting are wrongfully described until he shall be satistied as to the nature of such goods: and the Corporation shall not Doliable for any loss arising in consequence of such detontion. No. 17 Road Transport Corporation 1964 $3. Any person who, by any unlawful act, or by the wilful Penalty for omission to do any act which it is his duty to do, causes the unlawYul act, safety of any person travelling in or upon any of the Corpora- of dutyor omission tion's vehicles to be endangered shall be guilty of an offence and endaneringshall be liable on conviction thereof to imprisonment for a term passengers. not exceeding twO years. $4, Any servant of the Corporation who, with intent to Demandingdefraud, demands or receives from any person liable to pay improper any fares, charges or rates imposed under the provisions of thig amounts. Act in respect of any matter, any greater o lesser amount than is authorised to be levied by the rules for the time being in force in tespect of that matter, shall be guilty of an offence and shall be liable on summary conviction thereof to imprisonmentfor a term not exceeding twelve months or a fine not exceeding fifty pounds or to both such imprisonment and fine. $5. (1) If a servant of the Corporation is in a state of Behaviour of intoxication while on duty he shall be guilty of an offence. servants of (2) Any person guilty of an offence under subsection (1) shall on summary conviction be liable (a) if any improper performance of his duty would be likely to endanger the safety of any person,to imprisonment for a term not exceeding twelve months or a fine not exceeding fifty pounds orto both such imprisonment and fine; A 141 (b) in any other case, to a fine not exceeding twentypounds. PART XIIILEGAL PROCEEDINGS

Any summons, notice or other document required or Service ofauthorised to be served on the Corporation in connection with documents.any suit by or against the Corporation shall be served by delivering the same, or sending it by registered post addressed, to theChairman or the Secretary.

In any action against the Corporation no execution or Restrictionattachment or process in the nature thereof shall be issued against on executionthe Corporation, but any sums of money which may by theJudgment of the Court be awarded to the plaintif shaibe paid Properyby the Corporation from the funds of the Corporation. the Corporation.

A person connected with the direct working of the Stay ofCorporation shall not be removed under arrest when his imme- arresndiate removal from duty might result in danger to life or goods, certain cases.whether in the execution of a warrant or otherwise, while actuallyengaged in the performance of his duties until the officer in chargeof the work in which such person is engaged has been givenan opportunity of providing a substitute.

(1) In any suit pending before a Court the Corporation Representamay be represented at any stage of the proceedings by any servant tion 0*of the Corporation who shall satisfy the Court that he is duly hearing ofporation at suit. authorised in writing by the Corporation in that behalf. A 142 Stamp duty. Cap. 274. Publication of regula tions and rules. Act No, 46 of 1961. Repeal of Cap. 137 and saving of orders, etc. (2) For the purposes of this Part, " suit " incudes action and means a civil proceeding commenced by writ of sumnmons or in such other manner as may be prescribed by rules of Court but does include a criminal proceeding. PART XIV-MISCELLANEOUS PROVISIONS

The Minister of Finance may direct that the Corporation be exempt from the payment of any stamp duties under the Stamp Duty Act. 61, Notwithstanding the provisions of paragraph (d) of section 14 of the Interpretation Act, 1961, the Minister shall prescribe the nmanner in which orders, regulations or rules made by the Corporation under the provisions of this Act shall be published, and such orders, regulations or rules shall come into force on publication in the prescribed manner unless otherwise provided therein.

Provided that any orders or rules made under the provi sions of that Act and in force at the date of commencement of this Act shall continue in force and have effect as if made under the provisions of, and with such modiications as may be necessary to bring them into conformity with, this Act, until such time as oiher provisions are made by virtue of this Act.

Asseis Vested in Corporation 1. The vehicles appearing on the inventory, to be num bered 1, and to be signed on a date prior to the vesting day by the Chairman and the Secretary on behalf of the Corporation and the Director, Road Transport Department, on behalf of the Government, which inventory shall be kept in the custody of the Permanent Secretary, Ministry of Communications, and a copy thereof signed as aforesaid kept in custody of the Secretary. 2. The spare parts, tools, equipment and miscellaneous items appearing on the inventory, to be numbered 2, and to be signed on a date prior to the vesting day by the Chairman and the Secretary on behalf of the Corporation and the Director, Road Transport Department., on behalf of the Government, which inventory shall be kept in the custody of the Permanent thereof Secretary, Ministry of Communications, and a copy signed as aforesaid kept in custody of the Secretary.

Rights and Liabilities Transferred to Corporation 1. The provisions of this Schedule shall apply to the Contracts contracts to which the Government is a party which appear on vesting in Corporation a list to be prepared and agreed between the Government and to be listed. the Corporation prior to the vesting day. No. 17 Road Transport Corporation 1964 A 143 2. () The list of contracts so agreed between the Govern- Contracts to ment and the Corporation shall be signed by the Minister and be signed by the Ministerpublished in the Gazette. and published in the Gazette (2) The Corporation shall, as soon as may be, after the Parties to list of contracts is signed by the Minister as provided in sub. contracts, paragraph (). inform in writing the parties, other than the other than Government. to any contract which appears on the said list that, to be inGovernment under the provisions of this Act, the contract shall have effect formed of thein favour of and against the Corporation, in so far as the per- as from the offect thereof formance thereof is due on or after the vesting day, as if the vesting day.Corporation had been a party to the contract instead of the M.P. RTIS7), 3. The provisions of a contract being provisions to which Applicationthis Schedule applies, shall have effect in favour of and against of vestedthe Corporation, is so far as the performance thereof is due on ontracts, toor after the vesting day, as if the Corporation had been a party Corporation.to the contract instead of the Government. Passed in the House of Representatives this 6th day of May, in thevear of our Lord one thousand nine hundred and sixty-four. S. V. WRIGHT, Clerk of the House of Representatives. THis PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed the House of Representatives and found by me to be a true and correctiy printed copy of the said Bill. S. V. WRIGHT, Clerk of the House of Representatives. Government.