‘THE UNITED REPUBLIC OF TANZANIA ‘grit Manca, 1973 An Act to amend the Tanzania-Zambia Railway Authority Agreement (Implementation) Act [974 Manca, 1973] Enactep by the Parliament of the United Republic of Tenzania, 1, This Act may be cited as the Tanzania-Zambia Railway Authority stor tte Agreement (Implementation) (Amendment) Act, 1973, and shall be read #4. og as one with the Tanzania-Zambia Railway Authority Agreement Aca 15s (mplementation) Act, 1968 (hereinafter referred to as the principal Act). No-t 2, The preamble to the principal Act is amended by the deletion of ‘Amendment the words “AND WHEREAS the said Agreement was reduced to %f Pr=mble writing and was executed by the parties thereto on the 3rd October, 1968:” and the substitution therefor of the words “AND WHEREAS: fan Agreement was executed by the parties thereto on the third day of October, 1968, which said Agreement was replaced by an Agreement secuted by the parties thereto on the seventeenth day of December, 19722". 3. Section 2 of the principal Act is repealed and the followit and section is substituted therator:— me rakacte interpreta 2, In this Act, unless the context otherwise requires— “Agreement” means the Agreement between the Government of the United Republic of Tanzania and the Government of the Republic of Zambia executed by the parties there- to on the seventeenth day of December, 1972, whic Agreement is set out in the Schedule to this Act; “Authority” means the Tanzania-Zambia Railway Authority ‘established and deemed to have been established. by section 2a; “Council” means the Tanzania-Zambia Railway Council of Ministers referred to in the Agreement; 1Section ied No. 4 Tangania-Zambia Rallway Authority Agreement 1973 “Joan obligations to the People’s Republic of China” means the loan obligations of the Government of the United Republic of Tanzania and the Government of the Republic of Zambia to the People’s Republic‘of China incurred or tobe incurred for the purposes. of, the ‘Tanzania-Zambia Railway pursuant.to the Agreement between the Government of the United Republic of Tanzania and the Government of the Republic of Zambia and the Government of the People’s Republic of China signed in Peking on the fifth day of September, 1967.”. 34. The principal Act is amended by adding immediately below section 2, the following new section: — “table ‘pent of 2a, There is hereby established the Tanzania-Zambia Railway Authority and it shall be deemed to have been Getablished a from the third day of October, 1968, pursuant to an agreement made between the Government of the United Republic of Tanzania and the Government of the Republic of Zambia on that date.”, 4. The principal Act is amended by adding the following new sections ‘immediately below section 3:— ening of 4-—(1) Ail movable property in cespect of which loan ‘obligations to the Government of the People’s Republic of ‘China huve been inourred is, to the extent that the Goverm- ‘mont of the United Republic of Tanzania tes tile to ouch property, hereby vested in the Authority. @ All movable property in of which loan obfi sions do the Goverment of the People’s Republi of may hereafter be incured shall, to the extent tha the Government of the United Republic of Tanzania has title to such vest in the Authority on the date when such foan ot arise. S.—(1) The Authority shall, without further grant or assurances, have power inthe United Republic of Tanzania {0 enter upon, ‘over ‘which civil ongincring ‘works have’ been’ constructed ge i pct of nck bag oF egesig ror 4s tho case may be, Joan o 0 Republic of China have been incurred. People's Repat (@ The area of land on oF over which the Authority may comrcico the rights oonfetced upon it by submection (1) of this secton sal We ined ona map or maps vad for arpose by the Goverament Republic Tinznit "het, comutaon "wih he Author and a ‘map of maps so prepared shall, in any proceedings in ny court arisigg out ‘of the exercie oF cxerise of such vias, be conclusive evidence of tee. physical exten,No. 4 Tanzania-Zambla Railway Authority Agreement 1973 ust 6—(1) The Aut ‘shall be liable to to the Tato Go re tie aed ‘of Tanzatua’ andthe Government of the Republic of Zambia a sum equivalent in the aggrogate to— (@ the amount of the loan obligations of the United Republic of Tanzania and the Republic of Zambia to the People’s Republic of China; and ©) the amount contribwted, from time to time, by the United Republic of Tanzania and the lic of ‘Zambia to the funds and resources of the Authority. (2) he sum refered to in subsection (1) shall be pul by the Authority in such instalments, together wih 50 interest thereon, as the Council may, from time to time, prescribe: Provided that— ( in respect of each instalment or payment of interest so preserbed the Government of. the United Republic or Tanzania shall be entitled to one-half and the Government of Zambia to the other half; ’) cach such instalment together with payment of interest (if any) shall be in an amount sufficient to enable the ‘of the United Republic of Tarmain and the Goveramet ofthe Republic to discharge ‘obligations to the People’s Republic of China as they’ arise.” 5. The Schedule to the principal Act is deleted and the followin, and sohadule i subettuied teed See ite Senedule “SCHEDULE AFED Meuniie oF “rARCANIA ‘OF ZAMBIA oe [Raver together called "he Contacting Goverment Wunnaas te Contracting Governments hago for he of, soontnating the implementation of the Tatas Zaatbla,Ratay Proje eaabiahed Aa IntorGoverumeatal Ministesa! Camaites. ( By an, Asrement. dated 3d the Tensnin-Zambin Retway ‘uusoriy ieee ‘od =the Asthoriy "wis rapes ‘Sounttey die capecty and ston ofa body capone? ‘Avo syumsis the Contacting Coremments, intend 298, FEN a ES, STE St rs Aim wna itis nom expodiont, i aaeko fuser provision ating the Mininrial commitesrend, the Authory aad “for te eon ‘poration ofthe Tanzatia-Zambia Raley july araforeaigs wn * SOE St [Now Timmons the contnting Governments have agreed ax fllows:— AGREEMENT made ths freien dey of Decenber 1912 BETWEEN, tbe eraeNo, 4 Tanzania-Zambia Railway Authority Agreement 1973, i ta. eng dn any mae under conden by a metog of he Come cat between the Goverment st the United got Tegan snd te Wes pointed fy Serene ot the of Zanbi uch mater thal len of Me Goincd be tred a si Fetes Taek Ges ‘Tanzania end President of the Republic of Zambia fr their dedaon. ii ‘The Council sall— "be reaponube to, the Predent of, the Usted. Repulic of Twszania andthe (OF a ne ‘Rebc af Zant feral ttt Toon © he voontos fi operon of the Tsai Zarbia Rava (conser ed demi all mae of pay rong er; aren, pvil, tro, nt at a Pee Bae mative vot of lost one tea ARTICLE 1 The Iintlns of the Antholy shall bo— (2g pwn and opente co teat of te two Goverment the TenanieZanbie © ose ae of ort mat dt the de faion of, the Raslway. and: 10" tho oF Ring Seo ite i a ata ec © se caney fale eg ot et te oaagomy Sy the Boned ot Dinan con Seat eal Sterne (© '0 cont and with be Bait Aten Relays C5 the ‘Buf"Aitcan Hatbous Corporon and tne Gabi Raley Boxed (19 si ect Atom, tine to Oges ap, dios oa fam in tts, Waren to te {to garry out such opertions ax ia the opaion of the Authority are incident ° S55 Shore os ia ae my “No.4 Tanzania~Zambia Railway Authority Agreement 1973 ARTICLE V @ The, financial year of the Authoriy shall commence on the Sst day elo sc ed fat da Gt the" aay’ of neo the ext [oowing calendar eae © Bete, top, Oye ay da pret eect of mech Agence of he Author sate of sczod a i The ngoate ot the Autry Hal be auded by mich independent andtos the Board may sppout Go a son, he cunt of the Anon hav, oe, preard and aude RSE ogo be ote ha thee” mowihe ate Rd esc ihe! Bord shail submits copy af the statement of Recounts ed caro! tho cis OP he ‘AS Ae As Se SS (©) Tae Board sal orto the commencement of etch nancial year, prepare and sub for Me apurval ofthe Coupe emacs of tevenge and ‘Rponditare of tho Authonty for auch Snail ed ARTICLE Vi @ The Head Ofice of the Authoriy shall be in Dar es Sala, (G) The Botrd shall estutigh a. Branch Office in Lusaka and in such other pices anit may deem necssy. ARTICLE VII ae Comsacing Covert nderke— septs, tas ‘to vest in the Autborty in auch manner ss sty be a © acts in respect of wht the Contacting Goversmeats Rave ingests {othe “Government "ofthe People's Repubic of China or ‘which they iy Berar tee fore param of te Rao sch time as the Rallva af tesome operational to contribate in (© Se prt fo the fund and resurer of he Auto? (9 to confer ‘on the Authoriy in thelr Tpectve counces mich sgh in ot over (© Goat ah may be aesonary to" eable "he AutboNy 0 opeite te alway ed (fy ene ny pete coun eaton be agreed between? (te tant in, tht repetve ox fn terms to tween! ‘Sea porn ior ted Teeny te ator Sa Sich he Radvay ll fe (© RE hod of fe yeas fom he das on which he Raley besos () to excont the Authority from the payment in their respective count "Og aes tar oe we to exempt the Authority from the payment in thet respective counties of ‘automa and Thported of purcaed bythe excise duties "on goods ‘uthorly ‘for ia'own use. ARTICLE Vit D The Goverment of the United Repubc of become ented the Goverment of the Repubie of Zambia Seems Guild "0 the other Halt of Sy ama ot “ler tad ‘Spaynea of capil de fom the Auto iy rea of su cul (Joe min hoped shal fe pad ty. th Autor, (0 the. Conic Goren in oust sates ay ine “Counc Sal ‘rere provded Sireye tht sich isan shalt bea a, amount scent) emble oe “Goverments 19 discharge their’ oStgatons fo the: Peopes Republic of Chins in respect ofthe Railway Loan, (8) For i Seal da Se ar tatty rel eT eae Aalto ts web aa Caen ‘Governacats ARTICLE 1K ‘The ownership of the Authority and the financial responsibility for it will Ke with the Contracting Governments in equal shares: reponsbitydone and signed for and, on teal of the Goverment of the Reptile of = ‘Becember, 1972, “ ‘Clerk of the National Assembly ‘Printed by the Goverment