Chapter 29:15 URBAN COUNCILS ACT (d) forcibly evacuate people from any property; (e) forcibly remove or cause to be removed any person interfering with or whom he considers likely to interfere with the operations of the fire brigade; (f) take, and have access to, water from any available supply: Provided that the council shall be liable to replace or compensate the owner for any water so taken. (3) For the purposes of any policy of insurance against fire or other emergency relating to property affected by the exercise of any powers in terms of this section— (a) any charges and expenses payable to a council in connection with the operation of its fire brigade; and (b) any damage done by a council’s fire brigade or the police in the exercise of their functions in terms of this Part; shall, notwithstanding anything to the contrary in such policy, be deemed to be loss or damage insured by that policy: Provided that nothing in this subsection contained shall be construed as compelling an insurer to pay a sum in excess of the total amount for which the property concerned is insured. 202 Fire brigade operating in area of any local authority When, in terms of an agreement with another local authority, the fire brigade of a council operates within the area of that other local authority— (a) if that other local authority has its own fire brigade with an employee in full-time employment as the chief officer thereof, the fire brigade of the council shall be deemed to be an integral part of and, in the absence of anything to the contrary in such agreement, be under the command of the chief officer of the fire brigade of that other local authority; (b) in any case not referred to in paragraph (a), the fire brigade of the council and the chief officer thereof shall be deemed to be the fire brigade and the chief officer, respectively of that other local authority for the purposes of sections two hundred and one and two hundred and three. 203 Indemnification in respect of fire brigade (1) A municipality, town, council, fire brigade and the members of that fire brigade are hereby indemnified against and exempted from all legal proceedings, whether criminal or civil, on account of anything lawfully done by any member of the fire brigade in the exercise of the functions imposed or conferred by or under this Part. (2) If any police officer assists a council’s fire brigade at any fire, the State and such police officer are hereby indemnified against and exempted from all legal proceedings, whether criminal or civil, on account of anything lawfully done by the police officer in assisting the fire brigade. (3) Nothing in subsection (1) or (2) shall be construed so as to prevent any person from recovering, by action in a competent court, compensation for any loss or damage sustained by him which was caused by negligence or breach of contract. 204 Railway sidings (1) A council shall have power and authority— (a) to enter into agreements for, and otherwise to incur expenditure in connection with, the construction, maintenance and working of railway service sidings and ancillary works on land within the council area which, under a town planning scheme, has been zoned for industrial purposes; and (b) to carry out such maintenance works as are agreed with the National Railways of Zimbabwe in connection with the railway service sidings and ancillary works referred to in paragraph (a); and (c) for the purpose of defraying wholly or partly any expenditure incurred under an agreement such as is referred to in paragraphs (a) and (b) or any other expenditure incurred in terms of paragraph (a)— 72

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