Railways Act 1991

Original Language Title: Railways Act 1991

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Act 463 tiny laws of MALAYSIA Act REPRINTING 463 RAILWAYS ACT 1991 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2010 2 laws of Malaysia ACT 463 RAILWAYS ACT 1991 date of Assent............... 2 September 1991 date of publication in the Gazette......... 12 September 1991 Train 3 laws of MALAYSIA Act 463 RAILWAYS ACT 1991 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation part II the DIRECTOR GENERAL TRAIN 3. Appointment of Director General 4. Duties and functions of Director General 5. Power to mewakil 6. Power of Minister to give directions PART III the RAILWAY SCHEME 7. The railway scheme 8. Approval of scheme and the deposit plan, clipping, etc.
9. The railway shall be built according to the plan approved 10. Private land may be taken for train PART IV CONSTRUCTION and WORK 11. Power train company to carry out all the work that needs to be 12. Power in case of accident 4 laws of Malaysia ACT 463 section 13. Payment of compensation 14. Work facilities 15. Additional works 16. Fences, guard, get and a 17. Graded 18 flat-crossing. Flat-crossing road 19. Private flat-crossing 20. Flat-crossing work 21. Removal of dangerous trees to or that prevent pengerjaan something train 22. Notice regarding the felling or penebasan tree or forest that borders the train part V LICENSING the COMPANY TRAIN and RAILWAY OPENING 23. A licence to operate a train 24. Notice of the intended opening of a rail 25. The Minister shall approve the opening train 26. Examination of 27. The authority to close the train when you have opened 28. Re-opening rail after closure of 29. Re-opening track after suspension while 30. General penalty because of failure to comply with part V PART VI DUTIES of TRAIN COMPANY 31. 32. Obligations of the railway company Performance standards 33. The production of reports, accounts, etc.
34. Production of information 35. Submission of further information 36. The Director General shall be notified of any change in control of the company, etc.
Train 5 PART VII POWER COMPANY TRAIN Section 37. Timetable and fare list shall be posted at the station 38. Fares must be paid in advance and passenger fares shall be submitted when requested 39. Lien for fares, rates and other charges 40. Disposal of unclaimed goods 41. A written declaration on the requisition for goods description 42. Dangerous or harmful goods 43. Traffic facilities 44. The railway company is not a common carrier ACCIDENT 45 DIVISION VIII. Notice of an accident shall be 46. Investigation of 47. The Minister may order an investigation of 48. The meaning of "accident" 49. Power to make regulations in relation to a notice of an accident, etc.
50. Submission of statement of 51 accidents. Penalties for failure to comply with section 45 52. Penalties for failure to comply with section 50 53. Medical examination compulsory for people injured in train accident PART IX OFFENCES and PENALTIES 54. Drunkenness or violations of duties, 55. Dangerous or harmful to carry on the train with unlawful 56. Entering or leaving the railway coach, etc., the current coach is on the move, or travelling in irregularity 57. Entering or leaving the train coach in irregularities 6 laws of Malaysia ACT 58 Section 463. Withhold entry, and enter and refused to leave the train full of 59. Penalties for profanity or indecent or nuisance 60. Penalties for improper use of alert tools 61. Penalties for removing, etc., pillars, spikes or other marks 62. Penalties for breaking 63. Penalties for driving any vehicle or drive off the animals up or cross the railway line 64. Penalties for the damage, whether accidental or negligent 65. Open or not closing properly get 66. Prevent or attempt to prevent malicious train 67. Harm or attempt to harm the malicious people who are travelling with train 68. The penalty for causing train stopped 69. Penalties for acts or omissions intentionally employs 70 passengers. Penalties for acts of negligence 71. Making false statements, etc. 72. Penalties for violation of the Act or regulations for which no special penalty is provided for 73. The task of the legal officer train 74. The arrest of offenders 75. Reclaim fares, charges or damages 76. Offences by body corporate 77. Compounding 78. Prosecution DIVISION X SUSPENSION or CANCELLATION of LICENSE 79. Suspension or cancellation of licence is 80. The actions of the Minister in certain circumstances 81. Provisions relating to the appointment under section 80 82. Provisions relating to the acquisition of control under section 80 Train 7 PART XI PROVISIONS of VARIOUS Section 83. Power of entry 84. Settlement of disputes between States in respect of train traffic management with 85. Submission of the memorandum for any changes in fare structures, etc., existing 86. Special powers during the Malayan emergency, 87. Restrictions on the implementation of the railway assets of 88. The power to make regulations PART XII RAILWAY ASSETS CORPORATION and PROPERTY of TRAIN 89. The establishment, membership and functions of the railway assets Corporation 90. The appointment of railway assets Manager 91. Power of Minister to give directions of 92. Liquidation Administration Keretapi Tanah Melayu and the vesting of property in the Corporation 93. The vesting of the assets in the Corporation 94. The vesting of the property located in Singapore at 95 Federal Lands Commissioner. Liability can be applied against the Corporation or are strictly federal lands Commissioner of 96. Appointment of officers, etc., of Corporation 97. Public authorities Protection Act 1948 98. Establishment of Fund railway assets Corporation 99. Disqualification to be employed as officers or servants of the Corporation 100. Audited accounts, statements, reports, accounts and information 101. Power to remove officers and servants work and resolve questions about remuneration, etc., their 102. Rules that determine the conditions of service of officers and servants 103. The Corporation may dispose of immovable property vested him 104. Certain public lands deemed to train reserve 8 laws of Malaysia ACT 463 PART XIII REVOCATION and EXCLUSION of Section 105. Repeal and saving of 106. Power of Minister to make additional transitional provisions, etc.
Train SCHEDULE 9 laws of MALAYSIA Act 463 RAILWAYS ACT 1991 an act to make new provision in the law relating to trains and for other matters connected therewith.
[1 Aug 1992, P.U. (B) 401/1992]
BE IT enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the railways Act 1991 and shall apply to all trains in the country.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette; and the Minister may prescribe different dates for commencement of — (a) different provisions in this Act; or (b) all provisions or different provisions in this Act in respect of a different State or province.
10 laws of Malaysia ACT 463 interpretation 2. In this Act, unless the context otherwise requires — "goods" includes goods bags and other movable property of any description, and animals whether living or dead;
"bag of goods" or "bag goods passengers" means any article for use in its own facilities and as usually carried by passengers but shall not, except in the case of travel merchants, including articles brought for the purpose of business, trade or profit;
"heavy demurrage" includes charges for detention of vehicles, vessels, plant and equipment;
"warehouse" means any building or place that is provided or used by a railway company for the purpose of storage of goods; and if the railway companies found that the goods to be stored in the warehouse more suitable left in the truck, then the truck when placed in a lateral shall, for the purposes of this Act, deemed to be a warehouse;
"property" means any property, movable or immovable, and includes — (a) any right, title, interest, claim, right in the action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or that otherwise has a value;
(b) any conveyancing documents executed for memindahhakkan, assign, surrender, assign or otherwise transfer or dispose of immovable property that is owned or owned by the person who completed the document the conveyancing or thereon the person entitled to the right of the contingent, either for the entire stake or any interest less than that;
(c) any other financial instruments; (d) any instrument or other securities;
Train 11 (e) of any business; and (f) any other significant intangible assets or other;

"rate" includes any fares, freight, charges or other payments for transportation of any passenger or goods;
"railway" means any type of public passenger train for carriage or goods or both, or any part of the railway, and includes — (a) all rail, beam, cable, lateral or branch that worked for the purpose of, or in connection with, a train;
(b) all rolling stock used for the purpose of traffic; and (c) in so far as the context permits, a train that is currently under construction by or for any train company, but shall not include — (d) Penang Hill Railway and Sabah State railway; (e) any railway used or, in the case of a railway to be constructed, intended to be used, by any person to bring goods in any premises occupied by that person; and (f) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly to carry passengers in any premises entertainment or recreation;
"Ktm" means the undertaking known as Keretapi Tanah Melayu Ordinance repealed laws;
"Director General" means the Director General of Railways appointed under section 3;
"licence" means a licence issued under section 23;
"Minister" means the Minister is charged with the responsibility for train;
12 laws of Malaysia ACT 463 "Ordinance repealed laws" ert inya Railway Ordinance 1948 [M.U. Ord. 8/1948];
"the train officer" means any person employed by or on behalf of any train company to carry out any functions associated with train;
"Administrator" has the same meaning given to "Land" by section 5 of the national land code 1965 [Act], "Collector" by section 4 of the Land Ordinance of Sabah [Sabah Cap. 68] or "Director" by section 2 of the Sarawak land code [Sarawak Cap. 81], as the case may be;
"infectious diseases or spread" means any disease as contagious or spread by regulations made under section 88;
"The federal lands Commissioner" means the federal lands Commissioner appointed under federal lands Commissioner Act 1957 [Act 349];
"railway premises" means all premises under the control of or occupied or used by any railway company;
"railway reserve" means — (a) all land reserved as appropriate, either before or after this Act comes into power, for the purpose of State railway Federated Malay States or Johor State Railway or Railways under the provisions of section 62 the national land code 1965 or under a corresponding provision in any previous land law as defined in the national land code 1965; and (b) all land deemed to reserve railway under the provisions of section 16 or section 17 Ordinances repealed laws;
"the railway scheme" means a scheme for the construction of the train deposited with the Minister pursuant to section 7;
Train 13 "rolling stock" includes tender, motor coach, trolley, truck, fleet, the carrier of any type and engine locomotive and other types of engines used on a train;
"railway company" includes any person or persons, whether incorporated or not, which is the owner or lessee of a train or a party to an agreement for pengerjaan a train;
"fare" includes all sums received or receivable and all sums charged or chargeable for carriage of passengers;
"freight" includes all sums received or receivable and all sums incurred or that may be imposed for the transportation of goods; and "State land" has the meaning given to it in the national land code 1965.
PART II The DIRECTOR GENERAL Director General Appointment TRAIN 3. (1) the Minister shall, from time to time, by notification in the Gazette, appoint a public officer to be the Director General of the railway for the purpose of carrying out its duties and functions dipertugaskan to it under this Act.
(2) the Director General shall hold office for such period and subject to such conditions as may be prescribed by the Minister after consultation with the public service Commission.
(3) the Director General shall have an official seal for confirmation of documents required for the purposes of duties and functions under this Act.
14 laws of Malaysia ACT 463 duties and functions of Director General 4. (1) the duties and functions of Director General are as follows: (a) to regulate the operations of trains and train service;
(b) to prescribe minimum safety standards for railway operations;
(c) to provide for the registration and to set minimum qualifications for any train officer entrusted with the care, control or operation of a railway as considered appropriate by the Director General;
(d) to promote the interests of consumers of railway facilities and services, in particular in respect of the rates charged, and standard or quality; and (e) to promote and stimulate the expansion and repair of the railway system and facilities as well as train service in Malaysia.
(2) in discharging its duties and functions under subsection (1), the Director General shall take into account the following: (a) economy and efficiency; (b) all reasonable requests for facilities and trains;
(c) development of facilities and trains at a rate consistent with efficient service;
(d) the cultivation of proper development and railway system as well as train service facilities in Malaysia; and (e) the Government's current policy with respect to social and economic development and environmental protection.
Power to mewakil 5. (1) the Director may, in writing, delegate to any public officer, subject to any conditions, limitations or restrictions on Train 15 as he may deem fit to impose, any duties or functions under this Act except the power to make regulations.
(2) any representation made under this section may not hold a Director-General itself from performing their duties or carry out the functions delegated in this regard.
Power of Minister to give directions 6. The Minister may, from time to time, give the Director General the instructions in accordance with the provisions of this Act and the Director-General shall perform all such instructions.
PART III the RAILWAY train Scheme SCHEME 7. (1) no train can be built in Malaysia without the approval of the Minister.
(2) any person who intends to build a train in Malaysia shall make an application to and deposit with the Minister a railway scheme which shall contain the following information: (a) the nature and proposed train system; (b) the General route and place the terminal for railway system proposed;
(c) the safety aspects of the proposed rail system; (d) the structure of the fare or freight proposed;
and (e) such other matters as will enable the Minister to assess the railway scheme.
(3) every railway scheme deposited under subsection (2) shall be accompanied by a map showing the proposed route for the train.
16 laws of Malaysia ACT 463 (4) the Minister may require the applicant to submit any further or additional information as he considers necessary in respect of any information contained in the railway scheme and the additional or further information shall be submitted within such period and in such manner as required by the Minister.
(5) for the avoidance of doubt, this section shall not apply to any construction work is carried out by a railway company for the purpose of increasing the quality or improve any part of the railway or the railway premises operated or maintained by the railway company under the terms of his/her license as far as the work does not include the prolongation or deviation of the existing railways.
Approval of scheme and the deposit plan, clipping, etc.
8. (1) the Minister may refuse or give conditional approval to a railway scheme.
(2) where the Minister gave conditional approval to the railway scheme under subsection (1), the applicant shall deposit, the Office of the Director General, for public examination — (a) plan and cross-section according to a scale set out by the Director General that shows roads and level for a proposed railway and also — (i) any variation in water level meant any Canal or at the level or rate is a result of any public roads or train that will is crossed by the proposed railway;
(ii) any deviation, expansion or narrowing it means on any public roads, the river can be navigated, Canal or railway;
(iii) any presentation intended for any part of the proposed railway along any public road; and train 17 (iv) any intended crossing for railway track proposed on any public roads, the river can be navigated, Canal or railway; and (b) a reference book that contains the name of the owner and lessee of the land required for the purpose of a proposed railway.

(3) the Director General may require the applicant to produce any further or additional information as he considers necessary in respect of the plan and cuttings as well as reference books referred to in subsection (2).
(4) the applicant shall give notice of the deposit of the plan and the reference books and articles through the ads in at least three consecutive issues for at least two national newspapers, which one of them shall be in the national language, which would like to invite everyone who has any objection to plan and cuttings as well as reference books that so send a statement of their objections in writing to the Director-General within three months from the date on the newspaper.
(5) upon the expiry of the three months, the Director-General shall submit plans and articles as well as books of reference referred to in subsection (2), together with objections about it to the Minister for final approval.
(6) the Minister may, after considering the plan and cuttings as well as reference books and any objection about it — (a) give final approval to or reject the railway scheme; or (b) if he is of the opinion that the plan and the articles should be amended, direct the applicant to consider the plans and clipping it and report to him within such period required.
(7) in the case where paragraph (6) (b) applies, the Minister may, after considering the amendments to the plan and the cutting and taking into account the objection made under subsection (4), giving final approval to or reject the railway scheme.
18 laws of Malaysia ACT 463 (8) plan and news that, if approved by the Minister, whether under paragraph (6) (a) or subsection (7), shall be deemed to be deposited plan referred to in this Act.
(9) the Minister may, upon approval of any scheme of railway, impose such requirements or conditions as it thinks fit.
Railway should be constructed according to approved plan 9. (1) any railway built under this Act shall be made and maintained in accordance with the road and level as shown on a plan deposited with all bridges, flyovers, station, lateral, access road, junction, roads, buildings, sites, and facilities connected therewith and incidental thereto are perfect.
(2) a train path can deviate from the path of the train shown on deposited plans, but no such deviation can be extended beyond the limits of deviation shown on the plan.
Private land may be taken to train 10. (1) any land required for the construction of a railway and shown on plan and cuttings as well as mentioned in the book of reference deposited under subsection 8 (2) shall be deemed to be land that is required for a public purpose within the meaning of the land acquisition Act 1960 [Act 486].
(2) proceedings under the land acquisition Act 1960 should be acquired separately in respect of each land as shown on plan and cuttings as well as referred to in the reference books.
(3) no nothing in this section shall prevent the land acquisition for the purpose of the construction of a railway through agreement between the railway company and the proprietor of such land.
19 of PART IV of the CONSTRUCTION of the railway and Power Company train to perform all work necessary 11. (1) subject to this Act, at any time it is necessary to do so, the railway company may, for the purpose of building the train or facilities or other works related thereto — (a) make or construct in, on, thwart, under or over any land or river, any work or temporary structure, including roads, bridges, rail, roads and drainage, the conduit, as it deems fit by the railway company; and (b) temporarily changes the direction of any road, street or Highway 27, as it deems fit by the railway company.
(2) in exercise of the powers conferred by subsection (1), the railway company shall be subject to any direction given by the Director General from time to time.
(3) a railway company shall, before exercising the power conferred by subsection (1), give notice to the proprietor or occupier of the land is about his intention to enter the land.
(4) the notice mentioned in subsection (3) shall state with comprehensive as and as accurate as possible the type and extent of actions intended to do.
(5) the Director General may, with the approval of the Minister, make regulations for prescribing the form of the notice mentioned in subsection (3) and the manner in which the notice may be served on the owner or occupier of the land.
Power in case of accident 12. (1) the Director General may, in the case of any accident occurring or concern will occur at any instructions, dykes or other works under the control of a 20 laws of Malaysia ACT 463 companies train, allowing the train company enter any land contiguous with the railroad for the purpose of carrying out the repair or prevent an accident and to do all the work necessary for that purpose.
(2) Notwithstanding subsection (1), the railway company shall, in the case of important fairies, enter any land for purposes of carrying out the repair or prevent an accident without a prior permission from the Director-General, but in such case the railway company shall, within twenty-four hours after the entry, make a report to the Director General, specifying the type of accident or accident the concern and the type of work to be done.
(3) If after considering the report of the Director General is of the opinion that there is no hazard or danger of concern to the public, the railway company shall immediately discontinue work on the land.
Payment of compensation 13. (1) in the exercise of powers under sections 11 and 12, the railway company shall cause as little damage as possible in the land and adequate compensation shall be paid for any damage caused by the exercise of that power.
(2) any person claiming compensation from a railway company may submit a claim to the administrator who shall submit the claim to the railway company.
(3) where there is a dispute as to the amount of compensation, the administrator shall determine the amount, to the extent possible, in accordance with the procedure prescribed by laws relating to land acquisition for public purpose and regulations in force in the State concerned.
(4) nothing-nothing in this section may hold a solution through an agreement to be the amount of compensation payable in respect of land damaged or affected with mudaratnya by the exercise of the powers conferred by this section.
Work facilities train 21 14. (1) every railway company shall, subject to subsection (3) and (4), build and maintain for the owner and occupier of the land that is contiguous with any train — (a) such and so much crossing, bridges, Arch, sewerage and lanes that fit above, below or on the side or head to or from the train, which in the opinion of the Director-General is necessary for the purpose of overcoming any interruption in the use of the land due to the construction of a railway;
(b) all gateways, tunnels, sewers, drains, watercourses or other past lane above or below or on the side of the train from any dimension which, in the opinion of the Director-General, is sufficient at all times to bring water from or to the contiguous land or is close to the train with semudahnya before construction of the train or with as near as easy as possible.
(2) subject to this Act, a work specified in paragraph (1) (a) and (b) shall be made during or immediately after presentation or the formation of the railway on the land be frustrating, and in such a way that will cause as little damage, harm or distress which may be of interest in the land is affected by work or, as the case may be; and if there is damage or harm to the land train, the company shall pay compensation sufficient to people an interest in the land is.
(3) the Railway Company is not required to — (a) to make any work facilities in such a way that will withstand or prevent pengerjaan or use of a train; or (b) to make any work facilities in respect of which the proprietor and the occupier of the land has agreed to receive and paid compensation in response to those who do not require the work to be made.
22 laws of Malaysia ACT 463 (4) where a railway company has organized the crossing of a watercourse or road, and the road or stream is then redirected by Act or omission of the person who has control of it, the railway company shall not be required to hold any other crossing for road or stream it.
Additional works 15. If — (a) an owner or occupier of any land that is contiguous with an opinion of the railway facilities work made under section 14 is not sufficient for the use of the land relief; or

(b) any government departments or local authorities intend to build a public road or other works number one, above or under a train, the proprietor, residents, government departments or local authorities that may, at its own expense, cause to be made any further facilities work may deem necessary and if approved by the railway company or, in the case of disagreement between the proprietor residents, government departments or local authorities of the railway company, with any further facilities work as authorized by the Director General.
Fences, guard, get and a 16. (1) the Director General may, in time to be specified in the requisition or within such further time as may be determined by him, require railway company — (a) to provide or renew, as the case may be, a fence or boundary marks to the railroad and any road built in connection therewith; or (b) provide or renew, as the case may be, any work in the form of his guard nearby or contiguous with any Train 23 public roads constructed before the making of the railway for the purpose of preventing danger to members of the public who use the roads.
(2) any railway company that failed to comply with any requisition made under this section commits an offence.
Graded flat crossing 17. If a railway company had built a railway line running across a public road the same has wider flat, the Director-General may, if it appears to him that it is necessary for security and convenience of the public, at any time, require the railway company, in the time it thinks fit, to move it either below or above the railway line by a bridge or arch with climbing and easy reduction and other simple driveway instead of crossing the same street has wider flat, or to perform other jobs that it appears to the Director General in accordance with the circumstances of the case as most suitable for eliminating or reducing the danger arising from the flat trajectory and to meet the public facilities.
Flat-crossing road 18. (1) where a railway company has built a railway line running across a public road the same has wider flat (and the crossing was not a "flat-crossing work" within the meaning of section 20), the company shall cause the gate or barrier is good and effective set up and maintained in the place where the railway crossed the road, and shall employ persons eligible to open and close the barrier and gateway or gateway or barrier shall be closed to the public roads when the rolling stock crossing the road.
(2) the Director General may, at any time, declare that subsection (1) does not apply for the crossing 24 laws of Malaysia ACT 463 stated in the Declaration, and after that the railway company shall be released from the obligation imposed by subsection (1) in respect of the crossing.
(3) if any such declaration has been made under subsection (2), the railway company shall erect warning boards on the edge of public roads and signal whistles on the edge of the rail at a suitable distance from the flat crossing, and the driver of every engine or vehicle moves another shall sound the engine whistle or other moving vehicle according to the signal before the engine or other moving vehicle across the road.
(4) the Railway Company shall not be liable for any damage that is caused to any person or property by any other moving vehicle, engine or any other rolling stock is on it crossing public roads that at any crossing set out in the declaration under subsection (2) unless it is proved that the driver of the engine, the vehicle is moving or rolling stock that doesn't sound the engine whistle , a vehicle moving or stokeretanya according to the signal.
(5) where a Government Department, local authority or any other person to build public roads running across the Rails in place, then a Government Department, local authority or any other person charged with the responsibility for the maintenance of such roads shall be liable to pay to the company the cost of railway construction of any gateway or barrier erected by the company in a place where the road crossed the railway track and annual rent for penyenggaraannya.
Private flat-crossing 19. (1) a railway company may, in its discretion, upon request made by any person, construct and open a private flat crossing in any place on a railway track, and may impose conditions with respect to its use.
(2) the construction cost of a flat trajectory and annual rent for penyenggaraannya shall be paid by persons to whom the crossing was built.
Train 25 (3) the Railway Company shall, if the person to whom the crossing built failed to comply with conditions attached, or if it is expedient to do so in the interest of the railway, close any private flat-crossing.
Flat-crossing work 20. (1) the Director General may, at any time, by notification in the Gazette, declare any street or road is crossed by a railway track as a "flat-crossing work".
(2) when such declaration is made, the railway company shall prepare, in the flat crossing, get or running across the road or the road barrier the, which cannot be closed railway running across it, and who should be locked when not in use. Key to the gate or barrier shall be kept by an officer on the train.
(3) Notwithstanding subsection (2), a duplicate of the key gateway or barrier for any flat-crossing can work entrusted by the railway company to any person who often use such work done on the flat and the key shall be held and used by that person for such period and subject to such conditions as may be prescribed by the railway company.
(4) the Railway Company may, from time to time, determine the appropriate time for opening the gate and barrier any flat-crossing and get work, or the barrier is only open by the train that keeps the keys get or the barrier at the time specified by the railway company.
(5) any person, who is not a key to the gate or barrier is entrusted to him under subsection (3), which intends to use flat-crossing something outside of work determined under subsection (4), shall give to the officer in charge of the train and get key storage barrier that, notice of his intention to do so.
26 laws of Malaysia ACT 463 Dumping harmful to trees or that prevent pengerjaan something train 21. (1) if the Director General is of the opinion that at any time there is a hazard or danger suspected that any tree (which is on in this section include small plant and low) that can be found on the ground in addition to railway lands may be falling on a train, or on the route of any Telegraph, telephone, electric lights or signals, electrical power wires that pengerjaannya controlled wholly or partly by a train company or may impede the , interfere with, or cause damage to the construction or pengerjaan should a train or any Telegraph, telephone, electric lights or signals, electrical power wires or to any structure or its fixtures poles, other menopangkannya or related to it, then the railway company may cause the tree cut down or treated in accordance with any other means which, in the opinion of the Director-General, will be the danger of duplication or delete the obstacles , as the case may be.
(2) where a trees obstruct or interfere with any signals the train companies installed, can cause the tree cut down or treated in accordance with any other means that will eliminate the obstruction or interference, as the case may be.
(3) when referred to in subsection (1) and (2) had existed before the railway was built, or before the Telegraph, telephone, electric lights or signals, electrical power wires that set out, or before the pole, structure or its fixtures that are built or installed, or before the signal is turned on, adequate compensation should be paid by the railway company to the owner or occupier of the land on which the tree is located.
Notice regarding the felling or penebasan tree or forest that borders the train 22. (1) the proprietor or occupier of any land shall, before cutting down or done any trees or forest bordered by a railway, first Railway 27 written notice giving seven days notice to the railway companies of his intention to do so and shall take all reasonable steps to protect the train or any telegraph or telephone set up on it.
(2) if any damage is caused on the train or at any telegraph or telephone set up on it, the railway company may, if there is no agreement, seek compensation from the proprietor or occupier of the land through legal action.
PART V

LICENSING of RAILWAY COMPANIES and RAILWAY OPENING License to operate a train 23. (1) except in accordance with an order made under section 80, no person shall operate any train except under a licence issued by the Minister under this section.
(2) any application for the grant of a licence under this section shall be made in writing and shall contain, or accompanied by, such information and documents as may be specified by the Director General. (3) upon receipt of an application made under subsection (2), the Minister may — (a) approve the application and issue a licence to the applicant upon payment of such fees as he thinks fit; or (b) refuse the application. (4) Notwithstanding subsection (3), if a railway scheme was approved by the Minister under subsection 8 (7), the railway companies submit that the railway scheme shall, subject to any conditions or requirements imposed by the Minister upon the approval, be deemed to be a qualified and suitable applicants for the purpose of handling trains 28 laws of Malaysia ACT 463 passed under the railway scheme and the Minister shall , on the application of the rail company under subsection (2), approve the application and issue a licence to the company the railway upon payment of such fee as he may deem fit.
(5) every licence issued under subsection (3) or (4) shall state the duration of the licence and shall further specify — (a) the type of system and train service will be handled by a railway company;
(b) the annual license fee payable by a company train;
(c) specific obligations with respect to train a company train service operated or for the services provided by it; and (d) any matter or other conditions as the Minister thinks fit.
(6) the issuance of a licence to a railway company by the Minister under subsection (3) or (4) shall not impose any liability on the Government for any loss or damage caused by any act, omission or default of the company.
Notice of the intended opening of a train 24. (1) subject to subsection (2), a railway company shall, at least one month before the intended date for the opening of a train, give written notice to the Director General on his intention to open the train.
(2) the Director General may, if it thinks fit, or upon the application of a railway company, reducing the period or waives the notice referred to in subsection (1).
The Minister shall approve the opening of the railway 25. (1) no railway can be opened without the approval of the Minister.
Train 29 (2) the Minister shall give his approval for the opening of a railway only after he received a written report from an engineer appointed by the Director General that — (a) he has made painstaking examination are the train;
(b) heavy rail, the strength of the bridge, the nature of the general structure of the work, and the size and maximum gross load on the axles of any rolling stock is as prescribed by any regulation made under this Act; and (c) in its opinion the railway opening would not cause any danger to the passengers or any damage to the goods carried thereon.
(3) this section shall apply mutatis mutandis — (a) for any additional works that form part of or directly related to the railway that was built after the inspection which led to the opening of the first such train; and (b) for any reconstruction which materially affect the nature of the structure of any train.
Inspections 26. After a train has been opened, the railway shall be examined by an engineer, who shall be appointed by the Director General, in such manner and at such intervals as may be prescribed by any regulation made under this Act.
The authority to close the train when opened 27. (1) If after inspection of a train engineer is of the opinion that the use of the train will cause danger to civilians or damage to the goods carried thereon, he shall inform the Director-General on his opinion that together with the reasons therefor.
30 laws of Malaysia ACT 463 (2) the Director General may thereupon ordered the railway closed, or in the case of a rolling stock, order the use of the rolling stock or discontinued so that the train is used only on such conditions as may be found necessary by the Director-General for public security or goods carried thereon.
Re-opening train after the closure of 28. (1) a train which was commanded to be closed could not be opened until it has been inspected by an engineer appointed by the Director General and its opening has been approved by the Minister.
(2) rolling stock that has been commanded to discontinued its use under section 27 cannot be used until it has been certified as suitable for use by an engineer appointed by the Director General after inspection and the Director-General had approved its use.
Re-opening track after suspension while 29. When an accident has occurred, resulting in the temporary suspension of traffic, and track and original works have been restored rapidly to its original standard or a temporary redirection has presented for the purpose of restoring relations, then track and the original work of such restored can be reopened or redirection meanwhile opened, as the case may be, subject to the following conditions: (a) that the officer in charge of railway work undertaken due to the accident have been certify in writing that the opening of the line and work the restored or opening of the deviation in the meantime will not, in its opinion, cause any hazard to the public or any damage to the goods carried thereon; and train 31 (b) that notice of re-opening the line and opening deviation shall be or have been sent to the Director General.
General penalty because of failure to comply with part V 30. Any train company which acts berlanggaran with this section commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
PART VI DUTIES of the COMPANY the company train TRAIN Duties 31. (1) there is a little menjad i kewaj ipan t i i ap ap-t r t train such if — (a) to provide train services and facilities set out in the licences at lesser extent necessary for railway companies that meet the performance standards set by the Director General under this Act; and (b) to develop and maintain an efficient train system.
32. Performance standards (1) the Director General may, with the approval of the Minister, through regulations, fix any performance standards related to the provision of railway services and facilities which, in his opinion, should be achieved by a company train.
(2) without prejudice to the generality of subsection (1), regulations made under that subsection may — (a) make provisions regarding the procedures to be followed to give effect to the prescribed standards; and 32 laws of Malaysia ACT 463 (b) prescribing the circumstances in which a railway company may be exempted from the requirements of the regulations.
The production of reports, accounts, etc.
33. (1) within three months after the end of each financial year of a company train or any longer period as may be allowed by the Director General, the Director of the railway company shall send the Director-General to submit — (a) a report on the operations of the railway company in the financial year that contains such information as may be necessary to enable the Director-General of the railway companies assessing; and (b) the balance sheet, the profit and loss account annual terauditnya, together with any notice about it, and the Auditors ' report and its directors.
(2) the report required by paragraph (1) (a) shall be in the form approved by the Director General.
Production of information 34. The Director General may, from time to time, require a railway company to submit to him — (a) any statistical information relating to the operations of the railway company;
(b) the forecast of passenger or barangnya, as the case may be, during such period and in such form as may be prescribed by the Director General; and (c) future development plans relating to any services or facilities to be provided by the company under the terms of the license.
33 railway Forwarding more information 35. (1) the Director General may require a railway company to submit any further or additional information as he considers necessary in respect of any report, account or information given by the company under section 33 or 34 and such information shall be submitted within such period and in such manner as may be required by the Director General.

(2) a railway company that failed to comply with this section or section 33 or 34 shall pay to the Government a sum of one hundred dollars for each day that the default continues after thirty days from the date of the company are required to submit reports or information that.
The Director General shall be notified of any change in control of the company, etc.
36. (1) it shall be the duty of every company trains, at all times, to notify the Director-General immediately regarding the following matters: (a) any change in the control of the railway company; (b) any industrial dispute between the railway companies with employees;
(c) any event fire in its premises; (d) any proceeding or claim initiated or made against the railway company that may have a harmful effect on its financial condition or on its ability to implement such conditions under license.
(2) for the purposes of paragraph (1) (a), the expression "control", in relation to a railway company, means has the power, directly or indirectly, to direct the management and policies of the railway company.
(3) a railway company that failed to comply with this section commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit.
34 the laws of Malaysia ACT 463 PART VII POWER TRAIN COMPANY timetables and fare list should be posted at 37. Every railway company shall keep, in every train station, a copy of the timetable in force on the train and a list of General fare applies for travel from which the list pasted to every place to which tickets are usually issued to passengers at the station, and shall allow everyone can inspect them free of charge at all reasonable hours.
Fares must be paid in advance and passenger fares shall be submitted when required to 38. (1) No person shall travel by train without first paying tambangnya and get a ticket.
(2) every person who intends to travel by train shall, upon payment of the tambangnya, given a ticket stating the coach class or stay, and station or place from which, as well as stations or places where, for which the fare has been paid, and shall, when required to do so, show tickets to any railway officer duly authorised to check the ticket, ticket and shall deliver the request to any railway officer duly authorised to collect tickets.
(3) any person travelling without tickets or who did not submit or submit tickets as aforesaid shall be liable to pay to the company the train — (a) the fare for a trip that was made or, if there is any doubt about the station or the place from which he started, the fare from station or place from where the first train leaves; and train 35 (b) a special charge as may be prescribed under any regulations made under this Act.
(4) such special charges and Fares shall be paid upon request to any railway officer duly authorised to collect tickets, and if such fees are not paid, may be recovered by the railway companies through legal action.
Lien for fares, rates and other charges 39. (1) If, upon request made by or on behalf of a railway company, any person fails to pay any sum of money payable to or recoverable by the company train them in respect of any article, whether the amount of the money payable for the carriage, handling, storage, heavy demurrage or other charges, or as a reimbursement of any sums spent by the railway companies or any other amount of money howsoever it arising the train, then the company can hold a whole or any of the goods or, if the goods have been removed from the railway premises, any other goods that belong to the person who is or who afterwards remained in the ownership of the railway company.
(2) when any article was detained under subsection (1) the railway company may — (a) in the case of goods easy to crush, selling it immediately through a public auction or private treaty as he may deem expedient; and (b) in the case of other goods, sell through public auction, upon the expiry of at least fourteen days notice of the intended auction published in one or more local newspapers, any quantity of goods sufficient to recover the sum of money payable to or recoverable by the railway companies together with all expenses for detention , 36 laws of Malaysia ACT 463 notice and such sales, including, in the case of animals, expenses for feeding, providing drinks and keeping commitments.
(3) a Railway Company may, from the proceeds of the sales, retain the amount amount of money and expenses payable to or recoverable by the railway company, by giving the proceeds of sale, if any, and any article which remained unsold to the person entitled to it.
(4) if the person entitled to the goods failed to remove any of the items that remained unsold from the railway premises, in a reasonable time, the railway company can sell the entire goods and shall, after deducting the expense of retention and sale of more goods that, giving the proceeds thereof to the person who is entitled to it.
(5) the person who is entitled to move goods that cannot do so unless he gave the railway company an amount of money equal to the costs, charges and expenses of further detention from the date of sale of the goods under subsection (2) until the date of removal of the goods.
(6) Notwithstanding anything contained in this section, the railway company can recover any sum of money referred to in subsection (1) by suit or action.
Disposal of unclaimed goods 40. (1) when any article had remained in the possession of a railway company for transportation or otherwise, and not claimed by the owner or other person turned out to the railway company as reserves the right to it, the railway company shall, if the owner or the person is known, cause a notice served upon the owner or the person who requires it so that move the goods.
(2) if the owner or the person is not known, or the notice cannot be delivered to him, or if he fails to comply with the notice, the railway company may, after a reasonable time, 37 of the Train selling almost as that may be in accordance with section 39 and giving the proceeds of sale, if any, to any person who is entitled to it.
A written declaration on the requisition for goods description 41. (1) the owner or person in charge of any goods sent submit to a railway company for the purpose of transportation, and recipient of the konsain any goods which have been transported it shall, upon the request of any authorised train officers for that purpose by the company train, sending the officer to submit a written declaration signed by the owner or the person, or by the recipient of the konsain , as the case may be, that contains a description of the goods as may be sufficient to determine the charge rate imposed by the railway company is entitled to that respect.
(2) if the owner, the person, or the konsain or the recipient refuses to give a plea so ignore or refuse to open the packaging containing the goods so that the perihalannya can be determined, the railway company may — (a) in respect of goods which have been brought for the purpose of transportation, refused to carry the goods unless a rate payable in respect of not more than the highest rate in effect at the time on the train for any class of goods; or (b) in respect of goods which have been transported, charging a rate that does not exceed the highest rate.
(3) If a declaration sent submit under subsection (1) is not materially false with respect to the description of any goods alleged intended by him, and which have been transported, then the railway company may impose, in respect of the carriage of the goods, a rate that does not exceed twice the highest rate in effect at the time on the train for any class of goods.
(4) If any dispute arises between a railway officer with the owner or person in charge, or the recipient konsain, any of the items that have been sent submit 38 laws of Malaysia ACT 463 for transportation, or which have been transported, in respect of the description of goods that is the subject of a declaration under this section, the officer in charge of the train can hold and inspect the goods.

(5) If it appears from the examination that the description of the goods is different from what is disclosed in a declaration sent submit under subsection (1), the person who sent the submit the Declaration, if that person is not the owner of the goods, then the person and the owner of the goods you jointly and severally, shall be liable to pay to the company the cost of train and hold the goods inspection , and the railway company shall be released from all responsibility for any loss which may have been caused by detention or examination of the goods.
(6) if it appears that the description of the goods is not different from what is disclosed in a declaration sent submit under subsection (1), the railway company shall pay the cost of retention of the examination, and shall be liable to the owner of the goods for any loss as mentioned earlier.
(7) any person affected in harm by the provisions of subsection (3) or (5) may, unless he has previously acknowledged its liability, within seven days from the making of a claim by or on behalf of the train companies under any of the previous subsection, require, by notice in writing, the railway companies to seek the claim through the suit or action, and until termination of the suit or the action the railway company, the right to obtain the claim through sales and retention as a result in the manner prescribed under this section shall be suspended.
Dangerous or harmful goods 42. (1) No person shall bring or cause to be brought to the top of the train or require a company train transporting or hold any article dangerous or harmful to upon the train except in accordance with regulations made under this Act.
39 (2) train There nothing in this section or in any regulations made under this Act shall be construed as a derogation from any law in force in relation to ownership or dangerous goods transport or harmful.
43 traffic facilities. Every railway company shall hold all reasonable facilities for receiving, sending, and sending submit traffic on a train.
The railway company is not a common carrier 44. Notwithstanding any law to another, a railway company shall not be deemed to be a common carrier or are subject to any applicable law relating to the common carrier.
PART VIII ACCIDENT notice of an accident shall be given 45. (1) whenever an accident occurs on a train — (a) the officer in charge of train station nearest to the place where the accident happened shall, without unnecessary delay, but in any case no later than twenty-four hours after the accident happened, give notice of the accident in writing or any other form of telecommunication to the officer in charge of a police station nearly; and (b) the railway company shall, without unnecessary delay, but in any case no later than twenty-four hours after the accident happened, send written notice about the accident to the Director General.
40 laws of Malaysia ACT 463 (2) the notice shall contain a brief statement of the type of the accident and on the extent of injury or damage caused by the accident.
Investigation of 46. (1) a Railway Company shall, as soon as possible after the occurrence of an accident, cause an inquiry to be made by a Committee of railway officers to investigate the reason for the accident but in which there is no reasonable doubt about the reason for the accident or the railway company accepted these responsibilities, it is not necessary to hold such inquiry.
(2) the Railway Company shall submit to the Director-General a report about the accident and the report shall state the actions that will be taken by the company in respect of the officer responsible for the accident or for the revision of rules or system work and, if an inquiry has been held under subsection (1), a report on the investigation.
(3) the Director may, if he is not satisfied with the report submitted to him under subsection (2), and with the approval of the Minister, formed an investigation Committee to investigate the reason for the accident.
(4) for the purpose of such investigation, the investigation Committee may require any person in order to attend any meeting of the Committee to give evidence on oath or produce any document or other thing in his possession and to can inspect them as a witness or requires it to produce any document or other thing in his possession relating to the matter which becomes matter of such investigations.
(5) any person who, under subsection (4) — (a) after having called attend any such investigation, failed to do so;
(b) show any act disrespectful or any insult or threat to the Committee or any of its members during an investigation; or train 41 (c) once the required by the Committee so as to give evidence on oath or to produce a document or other thing, refuses to do so or give false evidence or produce a document or any other thing which he knows is false, commits an offence and shall, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(6) the investigation Committee shall, on completion of the inquiry, submit its report to the Director General and the report shall state the opinion of the Committee on the reason the accident and details of the case.
Minister may order investigations 47. (1) the Minister may order an inquiry into the reason of any accident on a train made by any person specified in the order.
(2) any person so appointed shall have and may exercise, for the purpose of the investigation, all statutory powers and other powers as are vested in and exercisable by a magistrate to summon and enforce the attendance of witnesses, to administer the oath or pledge to the witness and to compel the witness to answer all questions that are reasonable and affordable in relation to the matter that is the subject of the investigation.
(3) the person conducting such investigation shall submit to the Minister a copy of the proceedings and report his opinion about the reason for the accident together with details of the case.
The meaning of "accident" 48. For the purposes of section 45, 46 and 47, "accident" means an accident involving loss of human life or serious injury to any passenger on any trend or to any persons engaged in pengerjaan 42 laws of Malaysia ACT 463 train or involving serious damage to property or an accident from a long description that usually involves a loss of life, injury or damage to the same.
The power to make regulations relating to notice of an accident, etc.
49. The Director-General may, with the approval of the Minister, make regulations in relation to — (a) the form of the notice referred to in section 45, and details of the accident shall be contained in the notice;
(b) class accident in respect of which notice shall be sent by any form of telecommunications immediately after the accident happened;
(c) a railway officer or police officer upon the happening of an accident; and (d) procedures for any investigation on an accident.
Submission of statement on the accident 50. Every railway company shall submit to the Director General a statement of an accident occurring on the railroad, whether involving personal injury or not, in such form and in such manner and at such intervals or time as directed by the Director General.
Penalties for failure to comply with section 45 51. (1) any railway company that failed to give notice of an accident as required by section 45 shall pay to the Government a sum of money amounting to a hundred dollars for every day for the default continues.
(2) any officer in charge of a railway station does not give notice of an accident as required by section 45 commits an offence and Train 43 shall, on conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding one month or to both.
Penalties for failure to comply with section 50 52. Any train company which fails to comply with section 50 shall pay to the Government a sum of fifty dollars for each day for the default continues after the fourteenth day of the date fixed for the submission of the statement.
Medical examination compulsory for people injured in train accident

53. When any person injured in an accident on a train to claim compensation by reason of the took, any court having jurisdiction over such matters may order that the injured person be examined by a qualified medical practitioner who is not a witness of any party, may make an order on the costs of the examination as he may deem fit.
PART IX OFFENCES and PENALTIES drunkenness or violations of duties, 54. Any officer train — (a) is in a State of drunkenness while on any work; or (b) refuse or ignore duties or carry out its work in a manner that does not fit, if its work is so up to a State of drunkenness, refusal, neglect or improper execution of duties, as the case may be, is likely to endanger the safety of any person or thing carried on trains, commits an offence and may, 44 laws of Malaysia ACT 463 on conviction, liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Dangerous or harmful to carry on the train with unlawful 55. If, berlanggaran to section 42, a any person bringing or cause carried or deposited any article dangerous or harmful to upon train, or give or send a submit or deposit any such goods for transported on a train, then that person guilty of an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Entering or leaving the railway coach, etc., the current coach is on the move, or travelling in irregularities 56. Any passengers into or over, or trying to get into or over, or out or try to exit any current coach coach train that is on the move, or traveling or attempt to travel upon or within any portion of a coach is not intended for passenger use, commits an offence and shall, on conviction , to a fine not exceeding one thousand dollars for each offence.
Entering or leaving the train coach in irregularity 57. Any person who — (a) at any time enter or leave or attempt to enter or leave any train coach in addition to through the door provided for that purpose on the side of the coach to the platform or such other place as may be determined by the railway companies as a place for people entering or leaving a train coach; or train 45 (b) open any door outside any such coach while it is moving, commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.
Withhold entry, and enter and refused to leave the train full of 58. Any passenger who — (a) hold a valid admission to other passengers in a coach train or coach sections that are not reserved by railway company train for passengers who hold it;
(b) after not allowed into in a train by a railway officer, by reason of the train is full, however insisted to enter or try to enter the trend; or (c) after boarding a train at any place and once requested by an officer in a train, because the train is full, so leave the train before the train leaves the place, do not comply with the request, commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars and, in addition, can be removed from the train by any officer on the train.
Penalties for profanity or indecent or nuisance 59. Any person who — (a) behaves in a manner suggestive or indecent or commit any nuisance on a coach train or on any railway premises; or 46 laws of Malaysia ACT 463 (b) attack, prevent or menggalang the train officials in carrying out his duties, commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both and in addition, the offender may be issued by any officer of any railway coach or railway premises and shall, if he's a passenger , dilucuthakkan tambangnya.
Penalties for improper use of the tool of alert 60. Any person who uses improper basis of alert tools provided by a railway company in any coach or on any trend for the number of passengers to stop a train in case of emergency commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Penalties for removing, etc., pillars, spikes or other marks 61. Any person who moves, disfigures or in any other manner interfere with any pillar, spikes, or other marks, placed by or for the purpose of a company train along railways or contiguous thereto commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or both of each.
Penalties for breaking into 62. Any person who invade a train or train any premises commits an offence and shall, on conviction, to a fine not exceeding five hundred dollars and, if any such person refuses to leave the train or the railway premises when requested to do so by Train 47 any officer train, he commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars, and can be removed immediately from the train or railway premises.
Penalties for driving any vehicle or drive off the animals up or cross the railway line 63. Any person who willfully horse, carry, or drive or drive off up or cross the railway track any vehicle or animal, except when directly crossing the railway track in any street or place appointed for that purpose at the time that he or she can do so lawfully, commits an offence and shall, on conviction, to a fine not exceeding five hundred dollars for each offence.
Penalties for the damage, whether accidental or negligent 64. (1) any person who — (a) the intentional or reckless damage any train or any property owned by a railway company;
(b) remove sand, stones, soil, or any matter or thing other than banks, bridges, culverts, retaining walls or Rails belonging to a railway company; or (c) chopping logs in the manner likely to endanger the safety of the train in ago or of any person in or on the train, or cause damage to the railway track, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) any person who was binding wire for wire fence, break or destroy any fences or fences of life, or do or cause to be done any act which impairs or is likely to damage any fence 48 laws of Malaysia ACT 463 or fence life associated with a railway commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(3) any person who, intentionally or by negligence, to divert any streams or drains or, by any means, cause water to flow over the train or cause damage to a railway in such a way through water, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or both of each.
(4) any person, who has a contract to supply bricks, Pebble, timber, fuel, or any other materials to train, or employed in connection with the supply of such materials to the company train, that reckless placing or arranging the material in a manner that is not secure or not prudent, or less than the specified distance from the rail, so much so that the safety trend ago or of any person in or above the trend an commits an offence and can be , on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Open or not closing properly get 65. If — (a) any person open or attempt to open any get placed in any side rails running across a road, or past or try for past, or driving or carrying or attempting to drive or lead any vehicles, animals, and other crossing the railway track; or (b) in the absence of a caregiver get, any person does not shut down and flick and, if necessary, do not lock a get as mentioned earlier as soon as

49 he train and any vehicle, animal or other things under its custody has past through the gateway, then he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Prevent or attempt to prevent malicious train 66. If any person with unlawful — (a) put it, throws or causes falling towards, on or running a train any wood, rock or material or other thing;
(b) take, move, loosening up, or transfer any rail, ranjang take off or things or other things related to a train;
(c) turn, move, unlock or divert any public railway or other machinery associated with a train;
(d) move any part of the rolling stock on the railway track or leaving it on any part of the railway line;
(e) making, show, hide or move any signals or lights on or near a railway; or (f) do or cause to be done or tried to do any act or other thing in relation to a railway, with the intention of, or by knowing that he likely preventing the train or pengerjaan, endanger the safety of any person travelling with, or that are on the top, the train, then he commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years.
50 laws of Malaysia ACT 463 Harm or attempt to harm the malicious people who are travelling with train 67. If any person with unlawful throwing or cause falls or terketuk any wood, rock or material or other thing at, towards, into, or over any rolling stock that forms part of a trend with the intention of, or knowing that he is likely to, endanger the safety of any person in or on the rolling stock or in or on any other rolling stock that forms part of the same trend , commits an offence and shall, on conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding ten years or both.
The penalty for causing train stop 68. If any person who is not an officer train, without reasonable grounds, by making any movement or show any signal or otherwise, to cause a train stop is on the move, then he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Penalties for acts or omissions intentionally harmful passenger 69. Anyone else who willfully perform any act, or knowingly leave any act which he is legally bound to do, intend through the Act or the omission to cause or knowing that as such he is likely to result in the safety of any person travelling with or who are on the train, an endangered commits an offence and shall, on conviction , to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
Train 51 penalties for acts of negligence 70. Any person who by and grab or reckless, and without valid reason, to do any act which is likely to endanger the safety or security of any person travelling with or who are on a train, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Making false statements, etc.
71. Any person who, when providing any information or make any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particulars, or with reckless driving make any statement that is false in a material details, commits an offence and shall, on conviction, to a fine not exceeding thirty thousand dollars.
Penalties for violations of the Act or regulations for which no special penalty is provided for 72. Any person who contravenes or fails to comply with any provision of this Act or any regulations made thereunder commits an offence and, if no other penalty is provided, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
The task of the legal officer 73 train. Every officer trains shall be legally bound to do all kind of necessary for or useful for the safety of the public, and every such officer is prohibited legally from doing any act which is likely to cause a hazard.
52 laws of Malaysia ACT 463 Arrest offenders 74. Any person who is found guilty of or try to be guilty of an offence against this Act or any regulations made thereunder may be arrested, without a warrant, by any officer train or by any police officer or by any other persons who may be called by the railway or the police officer to assist it, and every person so arrested shall, as soon as should , taken to the nearest police station so that it can be dealt with according to the law: provided that an officer trains cannot do any such arrests outside the railway premises.
Reclaim fares, charges or damages 75. (1) when any person is convicted before a court having jurisdiction of the crime of an offence against any provision of this Act or any regulations made thereunder, the Court may, in addition at the imposition of any penalty under this Act, determining or assessing the amount of any fare, charge, damages, expenses or whatever the amount of money that may become payable by that person to the company train , and order that amount paid by that person to the company train.
(2) no nothing in subsection (1) may withhold income return any fares, charges, damages, expenses or any other sum whatsoever that may be incurred by any person to the company train through a civil claim before a Court of civil jurisdiction.
Offences by body corporate 76. (1) where a body corporate commits an offence under this Act and the offence is proved, was conducted with the consent or knowledge, or due to any neglect on the part of, any Director, Manager, Secretary or other similar officer of the body corporate or any person alleged act 53 Train for any such properties, then he, as well as the body corporate , committed such offence and action can be taken against him and punishable accordingly.
(2) where the Affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he is a Director of the body corporate.
Compounding 77. (1) the Director General or any officer authorized by him may compound any offence against this Act or any regulations made thereunder as may be prescribed as offences that can be is compounded by the Director General or any officer authorized by him to collect from any person suspected with reasonably practicable have committed such offence a sum of money not exceeding three hundred dollars.
(2) the Director General may, with the approval of the Minister, make regulations to fix errors that can be is compounded and the manner and procedure to compound the offence.
Prosecution 78. The Director General or any officer authorized by him is berkompeten to conduct a prosecution for any offence under this Act or any regulations made thereunder in front of any court.
Part X SUSPENSION or CANCELLATION of LICENCE suspension or cancellation of license 79. (1) if the Director General is satisfied that a railway company is being breached, or in breach of and likely to violate again any of the 54 laws of Malaysia ACT 463 his/her license, the Director General may give written notice to the railway companies, which requires it to meet the requirements of it within the period specified in the notice.
(2) if upon the expiry of the stipulated in the notice, the railway company fails to comply with the conditions mentioned therein, the Director General shall submit to the Minister a report on the failure of the railway company and the report shall be in a form that is found appropriate by the Director General.

(3) where, after considering the report of the Director-General, the Minister is satisfied that the infringement, or other violation of concern that is serious in nature, or affect or likely to affect the interests or public security, and that the railway company has refused to take or not take all steps as it appears to the Minister to be necessary for the purpose of ensuring compliance with the applicable requirements, the Minister may give such notice of the railway company stated that he intends to suspend or revoke , as the case may be, the rail company licence and such notice shall also set or specify — (a) the terms of the license has been violated by the company and the Act or omission constituting the violation; and (b) the period (not less than thirty days from the date of the notice) in which the railway company can make representations on the proposed suspension or cancellation, as the case may be.
(4) after the expiry of that specified in the notice and consider any representations made by the railway companies, the Minister shall decide whether to proceed with a proposed action or not take any further action.
(5) a notice shall be given by the Minister to the company about its decision and train the decision shall become effective as of the date such notice is delivered to the company.
Trains 55 (6) the decision of the Minister under this section is final and conclusive.
The actions of the Minister in certain circumstances to 80. (1) where a licence has been suspended or cancelled under section 79 and the Minister is satisfied that it is in the public interest for any services or facilities provided by the railway company continues, then he may by order published in the Gazette — (a) provides for the Director-General took over the control over the whole of the property, business and Affairs of the railway company , and run the whole business and Affairs, or to take over control over the years parts of the property, business and Affairs and carry out for so business divisions and its affairs, as set out in the order, or set aside for the Director General to appoint any person to do so on behalf of the Director-General and set aside for the costs and expenses of the Director General, or remuneration for such person appointed , as the case may be, in order to be payable out of the Fund and the assets of the company as the first charge thereon;
(b) whether or not an order has been made under paragraph (a), allow an application to be made by the Director General to the High Court for appointing a receiver or Manager to manage the entire business, Affairs and the railway company property, or a long part thereof as specified in the order, and for all orders or directions of the High Court which side , or arising in connection with the appointment as may appear necessary or expedient by the Director General.
(2) an order of the Minister under subsection (1) may, from time to time, be modified, amended, changed, modified or replaced alter either prospectively, or if it's practical or fair to do so, retrospectively, by a further order under subsection (1).
56 laws of Malaysia ACT 463 (3) an order made under subsection (1) or subsection (2) may, at any time, be revoked by a similar order made by the Minister and any such order may contain all orders, instructions or provisions of a side, additional or consequential as it thinks necessary or expedient by the Minister.
Provisions relating to the appointment under section 80 81. (1) a person appointed by the Director General under paragraph 80 (1) (a) shall be appointed for a term determined by the Director General, but shall not exceed, in any case, two years, but can be reappointed, with the prior approval of the Minister, for three more consecutive period of not more than one year each, and shall, within the period of appointment or reappointment of the in accordance with the requirements of his position, the Director-General.
(2) the terms and conditions of appointment referred to in subsection (1) shall, subject to the order under which the appointment is made and to subsection (1), determined by the Director General and shall be binding on the relevant train company.
(3) a person who holds any appointment as mentioned in subsection (1) shall not perform any obligation or liability simply because he holds such appointments.
(4) where a receiver or Manager has been appointed in respect of a railway company by the High Court under paragraph 80 (1) (b), all costs, charges and expenses that should have been, including the remuneration of the receiver or the Manager, shall be paid out of the railway company's assets with precedence of all other claims.
Provisions relating to the acquisition of control under section 80 82. (1) if control of a train company has been taken over by order under section 80, the Railway Company and Director and officer 57 shall submit the property, business and Affairs to the control, and shall hold to the Director-General or, if the control was taken over by a person appointed by the Director General (hereinafter in this part referred to as "person appointed") , for person so appointed, all such facilities as may be required for conducting the business and Affairs of the company the railway.
(2) if control of a train company has been taken over by order under section 80, the Director General or person so appointed, as the case may be, shall continue to have control over the property, business and Affairs of the company train, and conduct the business and Affairs of the company in the name of and on behalf of the company, as provided in the order , until such time when the command is cancelled under subsection 80 (3).
(3) during the period of control of a train company pursuant to order under section 80, shall be vested in the Director-General or person so appointed, as the case may be, all the powers of the company and its directors, under the company's constituent documents or exercisable by the company or its directors under any written law or in a manner otherwise whatsoever, regardless of whether that power may be exercised through a resolution of the special stipulation, or by any other means whatsoever, and any difficulties whatsoever arising in connection therewith may be resolved by the Minister by written instruction.
(4) within which an order under section 80 is currently in effect, none of the directors of the company train intended by such order may, either directly or indirectly, engage in any activity relating to the company, except as required or permitted by the Director General or a person appointed, as the case may be, and no remuneration of any kind can accrue or be payable to any Director of the company , except as approved in writing by the Director General or person so appointed, as the case may be, in relation to any activity required or allowed as mentioned earlier by the Director General or a person appointed, as the case may be.
58 laws of Malaysia ACT 463 (5) for the avoidance of doubt, it is hereby declared that an order made under section 80 is not effective to give to, or vest on, Director General or person so appointed, as the case may be, any ownership of, or any beneficial interest in, any property of the company train intended by the order.
PART XI PROVISIONS of VARIOUS Power entry 83. The Director-General or any person authorised by him in that behalf, may for the purposes of this Act or any regulations made thereunder, entered any train or railway premises to inspect and examine the condition of the train or the railway premises.
Settlement of disputes between States in respect of train traffic management with 84. If two or more railway companies, the each train has a similar terminal or a part of the linkage the same train, unable to agree on the arrangements for managing, in the same terminal or at the point of intersection between them, traffic safety with them, then Director-General, upon the application of either or any of the company, may decide the matters in dispute between them , as far as the matter relating to the safety of the public, and may determine whether whole or so rate of expenses involved in such arrangements shall be borne by one or any of the company respectively.
Submission of the memorandum for any changes in fare structures, etc., existing

85. (1) Any train company licensed under this Act shall prepare and submit to the Director-General of a memorandum for any changes in fare structures, Train 59 rate or existing charges, for the approval of the Minister, and if no reply is received from the Minister within six months of its production, changes in the structure of the fare, rate or charge existing it shall come into force upon expiry of such period.
(2) the Railway Company shall, as soon as practicable, publish a fare structure exchange rate or the existing charges in at least two local newspapers, one of them shall be in the national language.
(3) the Director General shall, as soon as practicable, make the necessary notification in the Gazette in respect of fare structure exchange rate or the existing charges.
Special powers during the Malayan emergency, 86. (1) the Yang di-Pertuan Agong may, upon the occurrence of any industrial kerusuhan, strike, lockout or any other event that gives rise to a State of emergency or in the interest of public order or public safety, to authorize the Minister to — (a) take possession while any train or train services or facilities that took place, maintained or worked by a company train;
(b) withdraw, either in part or in whole, the use of any train services or facilities of any person or class of persons or of the public in General.
(2) if any doubts arise about the existence of a public emergency or whether any act done under subsection (1) is in the interest of public order or public safety, a certificate signed by the Yang di-Pertuan Agong and display in any place as the Minister may think fit shall be conclusive evidence on that point.
(3) if the Government take possession of any train or train services or facilities under paragraph (1) (a), adequate compensation should be paid.
60 laws of Malaysia ACT 463 Restrictions on the implementation of the railway property 87. (1) none of the rolling stock, machinery, plant, tools, its fixtures, material or property used or provided by a railway company for the purpose of traffic on the railroad, or for the purpose of the station or its workshop space, can be taken for the implementation of any decree or order of any court or any local authority or person having power by law to withhold or seize property, or otherwise render the property taken for execution unless by order or direction of the Court pursuant to paragraph 80 (1) (b).
(2) no nothing in subsection (1) shall be construed as touching the power of any court to withhold income a company train for execution of a judgment or order.
The power to make regulations 88. (1) the Director General may, with the approval of the Minister, from time to time, make such regulations as may be necessary or expedient to carry out or to achieve the goals and purposes of this Act.
(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to ensure secure and regulate the carriage of passengers and goods by any railway company;
(b) to regulate the use and maintenance of the secure premises of the train;
(c) to prescribe what is to be deemed to be dangerous or harmful goods and the regulation of the carriage of such goods;
(d) to set the maximum charge payable in respect of the carriage of passengers and goods by any railway company;
(e) to prescribe what is to be deemed to infectious diseases or to spread and to regulate the conditions under which companies can train Train 61 bringing or animals who suffer from infectious diseases or spread it, and to provide about disinfection capability coach that has been used by the person or the animal;
(f) to regulate the construction and maintenance of railway and pelintasan or ways of approaching any public roads or road by a trend;
(g) to provide for the prevention of trespass, nuisance or obstruction to the top, or damage or defect to, a train;
(h) to provide for the preservation and promotion of decent, purity and cleanliness on a train;
(i) to prescribe forms and procedures relating to the registration of the train driver and any other person entrusted with the care, control or operation of railways and to set the minimum qualifications to be held by that person; and (j) to prescribe minimum standards and specifications in respect of design, construction and maintenance of a crossing gate or barrier flat work and to regulate the use of the crossing.
PART XI RAILWAY ASSETS CORPORATION and the RAILWAY PROPERTY establishment, membership and functions of the railway assets Corporation 89. (1) there shall be established a body corporate called "railway assets Corporation" (hereinafter referred to as "the Corporation") which are perpetual and have a common seal and may sue and be sued his name and subject to and for the purposes of this Act, may enter into contracts, and may acquire, purchase, take, hold and enjoy immovable and movable property of every description and can be memindahhakkan , assign, surrender, refund, charge, charge, pledge, assign the mendemiskan, transfer or otherwise dispose of, or mengurusniagakan, of any property, movable or not 62 laws of Malaysia ACT 463 move or any interest therein vested in the corporation upon such terms as he may deem fit.
(2) the Corporation shall consist of the following members who shall be appointed by the Minister: (a) a representative of the Ministry of transport; (b) a representative of the Treasury; (c) a representative of the Economic Planning Unit; (d) Federal Lands Commissioner; (e) Train asset managers who shall be members ex officio; and (f) not more than two other members.
(3) the Minister shall appoint one of the members of the Corporation to become Chairman.
(4) if the Chairman is unable to be present at any meeting of the Corporation by reason of illness, disability or any other reason, then the Minister may appoint any member of the other as he may deem fit to chair the meeting and such member may exercise all the powers of the Chairman with regard to the meeting.
(5) the Chairman and four other members shall form a quorum at a meeting of the Corporation.
(6) If, on any question to be determined, there are votes equal, then the Chairman shall have a casting vote.
(7) the provisions of the Schedule shall apply to the Corporation.
(8) the functions of the Corporation shall — (a) to manage, administer and maintain — (i) all property and rights Administration Keretapi Tanah Melayu under the repealed laws Ordinance by virtue of section 92 is vested in the Corporation;
Train 63 (ii) all property vested in, or held or acquired by federal lands Commissioner under the repealed laws Ordinance by virtue of section 93 is vested in the Corporation, and to manage and administer all liability in respect thereof;
(b) to promote and operate projects for development or the development of any railway infrastructure or facilities; and (c) to exercise and perform such other functions as may be prescribed by the Minister under this Act.
The appointment of railway assets Manager 90. (1) the Minister may, from time to time, appoint a fit and proper person as railway assets Manager who shall be the Chief Executive Officer of the Corporation.
(2) there shall be paid to asset managers Train such remuneration or allowance as determined by the Minister with the consent of the Minister of finance.
Power of Minister to give directions of 91. (1) the Corporation shall be responsible to the Minister, and the Minister may, from time to time, give instructions in accordance with the provisions of this Act and the Corporation shall, as soon as possible, implementing all the instructions.
(2) in carrying out any instruction of the Minister under subsection (1), the Corporation shall have power to do all things expedient or reasonably necessary or incidental to the fulfilment of its functions, and in particular, but without prejudice to the generality of what the aforesaid, shall have power — (a) to receive financial aid or grants from the Federal Government or any other person or otherwise with the approval of the Minister of finance 64 laws of Malaysia ACT 463 to borrow money from any financial institution or other person and related with it to provide any collateral as it may deem appropriate;
(b) with the approval of the Minister of finance, to provide financial assistance to any railway company named by the Minister, including a subsidiary of the company, to carry out any project relating to procurement facilities and trains; and

(c) with the approval of the Minister of finance, to make any arrangement for profit sharing, the consolidation of interests, cooperation or joint venture with any railway company named by the Minister or any other person or group of persons, or to establish or promote the establishment and development of the company under the companies Act 1965 [Act 125].
Liquidation Administration Keretapi Tanah Melayu and the vesting of property in the Corporation 92. (1) administration of Keretapi Tanah Melayu arising under the repealed laws Ordinance was dissolved.
(2) all property, rights and liabilities of the administration of the Keretapi Tanah Melayu under the repealed laws shall, when the Ordinance comes into his powers of this Act, vested in the Corporation without any whatsoever conveyancing, assignment or transfer and all reference to "Administration Keretapi Tanah Melayu", "Keretapi Tanah Melayu", or "General Manager, Keretapi Tanah Melayu" in relation to any property in any instrument, deed, title , document or law shall be construed as if all such pronunciation is a reference to "railway assets Corporation".
The vesting of the assets in the Corporation 93. All property vested in, held or acquired by the Federal Commissioner of lands under the Ordinance repealed laws shall be vested in the Corporation under this Act without any whatsoever conveyancing, assignment or transfer of ownership for 65 Train, estate, or similar interest and for holding similar as it has vested or held immediately before the commencement of this Act and any reference to "federal lands Commissioner" in relation to any property in any instrument , deed, title, document or law shall be construed as if all such pronunciation is a reference to "railway assets Corporation".
The vesting of the property, is in Singapore on federal lands Commissioner 94. (1) all lands in Singapore that vested in the Government of Malaysia or federal lands Commissioner for the purpose of conducting and managing the railway service in Singapore in accordance with or under the Singapore Railway Transfer Ordinance 1918 or railways act 1987 Singapore shall still vested in the Government of Malaysia or federal lands Commissioner, as the case may be, under this Act.
(2) all property which is located in Singapore and vested in, held or was acquired by the Federal Commissioner of lands under the Ordinance repealed laws shall still vested in federal lands Commissioner under this Act.
Liability can be applied against the Corporation or are strictly federal lands Commissioner 95. All existing liabilities incurred by or on behalf of or for the purpose of Keretapi Tanah Melayu can are strictly applied against the Corporation or federal lands Commissioner, as the case may be.
Appointment of officers, etc., of Corporation 96. (1) the Corporation may, with the agreement of the public service department and Treasury, from time to time, appoint the number of officers and servants upon such terms and conditions as may be prescribed by the Corporation in the rules made under this section as may be necessary for carrying out the purposes of this part.
66 laws of Malaysia ACT 463 (2) the Corporation may, from time to time, use services and pay agents and advisory techniques, including advocates and solicitors, bankers, stock brokers, surveyors, valuers and others, to conduct any business or do any act required to be performed or done in the performance of its functions, the exercise of its powers or perform its obligations or to carry out the purposes of this act better.
(3) an officer or any other person appointed by the Corporation shall be subject to the control and direction of the Corporation.
Public authorities Protection Act 1948 97. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Corporation or against any officers or servants of the Corporation in respect of any act, neglect or default made or done by him on the property.
Establishment Of Railway Assets Corporation Fund 98. (1) for the purposes of this part, there shall be established the Fund railway assets Corporation (hereinafter called "the Fund").
(2) the Fund shall consist of — (a) any sum of money allocated by the Federal Government from time to time for the purposes of the Corporation under this part;
(b) any amount of money available to make from time to time to a corporation through a loan; and (c) monies be obtained or arising from any sale of property or any other transaction relating to the property or investment, mortgages, charges or debentures acquired by or vested in the Corporation.
Train 67 (3) the Fund shall be expended for the purpose of paying any expenditure lawfully incurred by the Corporation to carry out the provisions of this part, and remuneration of officers and servants who are appointed and employed by the Corporation, including the retirement allowance, pension or gratuity.
(4) the expenditure of the Corporation until such amount as may be permitted by the Minister of finance, after consultation with the Minister, for any one year shall be paid out of the Fund.
(5) prior to the commencement of each financial year, the Corporation shall submit to the Minister of finance an estimate of expenses (including expenses for development projects) for the following year in such form and contain such particulars as may be required by the Minister of finance, and the Minister of Finance shall, after consultation with the Minister, before the start of the following year, notify the Corporation about the amount authorised for expenditure generally or about the amount allowed for each description of expenditure.
(6) the Corporation may, at any time, submit to the Minister of finance a supplementary estimate for any one year and the Minister of finance may, after consultation with the Minister, allow the whole or any part of such extra expenses.
Disqualification to be employed as officers or servants of the Corporation 99. (1) No person shall be eligible to be employed as officers or servants of the Corporation if he, directly or indirectly, himself or through his partner any share or interest in any contract or proposed contract with, for or on behalf of the Corporation.
(2) any officer or servants of the Corporation has or acquires any share or interest of such corporation's discretion can be dismissed.
68 the laws of Malaysia ACT 463 (3) if any of the officers or servants of the Corporation at the time of his appointment as an officer or such servants already have or control any shares or interest in any property, later than his appointment as an officer or such servants, included or intended to be included in any contract or proposed contract with, for or on behalf of the Corporation, he shall disclose to the Corporation in writing.
Audited accounts, statements, reports, accounts and information 100. (1) the Corporation shall give the Minister an annual audited accounts for each financial year, within six months in the following year.
(2) the Corporation shall give the Minister all statements, reports, accounts and information about the property and its activities as may be required by the Minister from time to time.
(3) without prejudice to the generality of subsection (1), the Corporation shall, as soon as practicable, after the end of each financial year, cause to be made and submitted to the Minister a report on the activities of the Corporation in the previous financial year and in such form and containing such information relating to the proceedings and policy of the Corporation as may be directed by the Minister from time to time.
Power to remove officers and servants work and resolve questions about remuneration, etc., of their 101. (1) subject to any rules made under this section, the train asset managers shall, in accordance with the directions of the Corporation, to resolve all the questions relating to employment, remuneration, privileges and allowances of officers and servants of the Corporation.
(2) subject to any rules made under this section, the Corporation may delegate his authority to exercise disciplinary control over the officers and servants of the Corporation to Train 69 railway assets Manager except his power to remove the work of any officer or servants of the Corporation.
Rules that determine the conditions of service of officers and servants 102. The Corporation may, with the agreement of the public service department and Treasury, from time to time, make rules with respect to the terms and conditions of service of officers and servants of the Corporation including rules to provide about the disciplinary officers and servants of the Corporation.
The Corporation may dispose of immovable property located right on it

103. The Corporation may sell, memindahhakkan, transfer, lease, assign, surrender and return, charge, mortgage, memindahhakkan threaten it, assign it, or otherwise mengurusniagakan any immovable property referred to in section 93 on such terms and conditions as the Minister thinks fit.
Certain public lands deemed to be reserves train 104. Notwithstanding the provisions of any written law relating to the reservation of land for public purpose — (a) all State land on start the currency Ordinance repealed laws have been occupied, or under the control, or used for the purpose, Keretapi Tanah Melayu, shall be deemed to be the railway reserve under this Act whether or not any reservation of real respect has been published; and (b) all land deemed to train reserve under section 16 or 17 Ordinances repealed laws shall continue to be deemed to be the railway reserve under this Act.
70 laws of Malaysia ACT 463 PART XIII REVOCATION and EXCLUSION of Revocation and exclusion of 105. (1) the railway Ordinance 1948 was repealed.
(2) Notwithstanding subsection (1), all subsidiary legislation made under the repealed laws shall be or by Ordinance, in so far as such subsidiary legislation in accordance with this Act, remain in force until amended, revoked or replaced by this Act.
(3) except to the extent otherwise expressly provided, nothing-nothing in this Act shall be — (a) touching the previous enforcement, or anything done or left accordingly under the Ordinance repealed laws; and (b) prejudice any right, title, interest, freedom, privilege, obligation or liability acquired, accrued or committed under the Ordinance repealed laws.
(4) all rentals payable in respect of any lease the railway reserve granted under the provisions of the Ordinance repealed laws shall, upon start the currency of this Act, be paid into the Federal Consolidated Fund.
Power of Minister to make additional transitional provisions, etc.
106. The Minister may, by regulations, make such provisions as it deems necessary or expedient for the purpose of removing any hardship caused by start the currency of this Act, and any such regulations may be made so as to have effect from the start date of the commencement of this Act.
71 train schedule (Subsection 89 (7)) the appointment, revocation and resignation 1. (1) subject to any conditions specified in the instrument of appointment, a member of the Corporation shall hold office for a term not exceeding three years and are eligible for reappointment.
(2) the appointment of any Member may at any time be revoked by the Minister.
(3) a member may at any time resign his Office by letter addressed to the Minister.
(4) every Member should devote time to the business of the Corporation as much as necessary to meet their obligations effectively.
Vacation of Office 2. (1) the Office of a member of the Corporation shall be vacated: (a) if he dies; (b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt; (d) if he is of unsound mind or, for any other reason, is unable to meet its obligations;
(e) if he fails to attend three consecutive meetings without the permission of the Corporation;
(f) if the resignation is accepted by the Minister; or (g) if his appointment is revoked by the Minister.
(2) if any person cease to be a member by virtue of any provision of this Act, another person shall be appointed to replace it according to the provisions concerned.
72 the laws of Malaysia ACT 463 remuneration or allowance 3. There shall be paid to the members of the Corporation such remuneration or allowance as determined by the Minister.
Meeting 4. (1) the Corporation shall meet as and when required.
(2) subject to the provisions of this Act, the Corporation shall fix its own procedure.
The Corporation may invite others to attend meetings 5. The Corporation may request any person (who is not a member of the Corporation) to attend any meetings or discussions of the Corporation for the purpose of advising it on any matter under discussion, but any person so attending shall not be entitled to vote at the meeting or deliberation.
Disclosure of interest 6. A member of the Corporation, directly or indirectly, himself or through his partner any interests in any company or joint venture which the Corporation proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Corporation shall disclose the fact and the nature of his interest to the Corporation, and the disclosure shall be recorded in the minutes of the Corporation and , unless specifically authorized by the Chairman, the Member cannot take part in any discussion or decision of the Corporation relating to the contract or that matter.
Minute 7. The Corporation shall cause minutes of all meetings are maintained and stored in a proper form.

Train 73 laws of MALAYSIA Act 463 RAILWAYS ACT 1991 LIST AMENDMENT law short title force amend from – No – 74 laws of Malaysia ACT 463 laws of MALAYSIA Act 463 RAILWAYS ACT 1991 LIST SECTION AMENDED Section Power amend with effect from – no – PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA JWJW515654 26-04-2010