RAILWAYS ACT 1991

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 463 RAILWAYS ACT 1991 As at 1 September 2012 2 RAILWAYS ACT 1991 ... … 2 September 1991 Date of publication in the Gazette … … 12 September 1991 Latest amendment made by Act A1377 which came into operation on … … 15 September 2010 Date of Royal Assent ... ... … … PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 463 RAILWAYS ACT 1991 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation P ART II DIRECTOR GENERAL OF RAILWAYS 3. Appointment of Director General 4. Duties and functions of Director General 5. Power to delegate 6. Power of Minister to give directions P ART III RAILWAY SCHEME 7. Railway scheme 8. Approval of railway scheme and deposit of plans, sections, etc. 9. Railway to be constructed according to approved plans 10. Private land may be acquired for railway 4 Laws of Malaysia ACT 463 P ART IV CONSTRUCTION AND WORKS Section 11. Power of railway company to execute all necessary works 12. Powers in case of accident 13. Payment of compensation 14. Accommodation works 15. Additional works 16. Fences, screens, gates and bars 17. Graded crossings 18. Road crossings 19. Private crossings 20. Occupation crossings 21. Removal of trees dangerous to or obstructing the working of a railway 22. Notice of felling or clearing of trees or jungle adjacent to railway P ART V LICENSING OF RAILWAY COMPANY AND OPENING OF RAILWAY 23. Licence to operate a railway 24. Notice of intended opening of a railway 25. Minister to approve opening of railway 26. Inspection 27. Power to close railway when opened 28. Reopening of railway after closure 29. Reopening of track after temporary suspension 30. General penalty for failure to comply with Part V P ART VI DUTIES OF RAILWAY COMPANIES 31. Duties of a railway company Railways 5 Section 32. Standards of performance 33. Submission of reports, accounts, etc. 34. Submission of information 35. Submission of further information 36. Director General to be informed of any change in control of company, etc. P ART VII POWERS OF RAILWAY COMPANIES 37. Time-tables and lists of fares to be posted up at stations 38. Fares to be prepaid and passengers’ tickets to be delivered up on demand 39. Lien for fares, rates and other charges 40. Disposal of unclaimed goods 41. Requisition for written declaration of description of goods 42. Dangerous or offensive goods 43. Traffic facilities 44. Railway company not a common carrier P ART VIII ACCIDENTS 45. Notice of accident to be given 46. Inquiry 47. Minister may order inquiry 48. Meaning of “accident” 49. Power to make regulations relating to notices of accident, etc. 50. Submission of return of accidents 51. Penalty for failure to comply with section 45 52. Penalty for failure to comply with section 50 53. Compulsory medical examination of persons injured in railway accident 6 Laws of Malaysia ACT 463 P ART IX OFFENCES AND PENALTIES Section 54. Intoxication or breach of duty 55. Unlawfully bringing dangerous or offensive goods upon railway 56. Entering or leaving railway coach, etc., while coach in motion, or travelling irregularly 57. Entering or leaving railway coach irregularly 58. Resisting entry, and entering and refusing to leave full train 59. Penalty for disorderly or offensive behaviour or nuisance 60. Penalty for improper use of emergency signal apparatus 61. Penalty for removing, etc., stakes, pegs or other marks 62. Penalty for trespass 63. Penalty for driving any vehicle or animal upon or across a railway 64. Penalty for damage, whether wilful or negligent 65. Opening or not properly shutting gates 66. Maliciously obstructing or attempting to obstruct a railway 67. Maliciously hurting or attempting to hurt persons travelling by train 68. Penalty for causing train to stop 69. Penalty for wilful act or omission endangering passenger 70. Penalty for negligent act 71. Making false statements, etc. 72. Penalty for breach of Act or regulations for which no special penalty is provided 73. Legal duties of railway officials 74. Apprehension of offenders 75. Recovery of fares, charges or damages 76. Offence by bodies corporate 77. Compounding of offences 78. Prosecution Railways 7 P ART X SUSPENSION OR REVOCATION OF LICENCE Section 79. Suspension or revocation of licence 80. Action by Minister in certain circumstances 81. Provisions relating to appointment under section 80 82. Provisions relating to assumption of control under section 80 P ART XI MISCELLANEOUS PROVISIONS 83. Power of entry 84. Disposal of differences between railway companies regarding conduct of joint traffic 85. Submission of memorandum for any change in existing structure of fares, etc. 86. Special powers in emergency 87. Restriction on execution against railway property 88. Power to make regulations P ART XII RAILWAY ASSETS CORPORATION AND RAILWAY PROPERTY 89. Establishment, membership and functions of the Railway Assets Corporation 90. Appointment of the Railway Assets Manager 91. Power of Minister to give directions 92. Dissolution of Malayan Railway Administration and vesting of its property in the Corporation 93. Vesting of property in the Corporation 8 Laws of Malaysia ACT 463 Section 94. Vesting of property situated in the Republic of Singapore in the Federal Lands Commissioner 95. Liabilities enforceable against the Corporation or Federal Lands Commissioner 96. Appointment of officers, etc., of the Corporation 97. Public Authorities Protection Act 1948 98. Establishment of Railway Assets Corporation Fund 99. Ineligibility for employment as officers or servants of the Corporation 100. Audited accounts, returns, reports, accounts and information 101. Power to dismiss officers and servants and dispose of questions as to their remuneration, etc. 102. Rules governing conditions of service of officers and servants 103. The Corporation may dispose of immovable property vested in it 104. Certain public lands deemed to be railway reserves P ART XIII REPEAL AND SAVINGS 105. Repeal and savings 106. Power of Minister to make additional transitional provisions, etc. SCHEDULE 9 LAWS OF MALAYSIA Act 463 RAILWAYS ACT 1991 An Act to make new provisions in the law relating to railways and for other matters connected therewith. [1 August 1992, P.U. (B) 401/1992] BE IT ENACTED by the 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: P ART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Railways Act 1991 and shall apply to all railways in Sabah, Sarawak and the Federal Territory of Labuan. (1A) Notwithstanding subsection (1), Part XII shall apply to all railways in Malaysia. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for the coming into force of— (a) different provisions of this Act; or (b) all or different provisions of this Act in respect of different States or territories. 10 Laws of Malaysia ACT 463 Interpretation 2. In this Act, unless the context otherwise requires— “Administrator” has the same meaning as assigned to “Land Administrator” by section 5 of the National Land Code 1965 [Act 56 of 1965], “Collector” by section 4 of the Land Ordinance of Sabah [Sabah Cap. 68] or “Director” by section 2 of the Land Code of Sarawak [Sarawak. Cap. 81], as the case may be; “demurrage” includes charges for the detention of vehicles, vessels, plant or equipment; “Director General” means the Director General of Railways appointed under section 3; “fare” includes all sums received or receivable and all sums charged or chargeable for the conveyance of passengers; “Federal Lands Commissioner” means the Federal Lands Commissioner appointed under the Federal Lands Commissioner Act 1957 [Act 349]; “freight” includes all sums received or receivable and all sums charged or chargeable for the transport of goods; “goods” includes luggage and other movable property of any description and live or dead animals; “infectious or contagious disease” means any disease declared to be infectious or contagious by regulations made under section 88; “licence” means a licence issued under section 23; “luggage” or “passenger’s luggage” means such articles of personal use and convenience as are usually carried by passengers but does not, except in the case of commercial travellers, include articles which are carried for the purpose of business, trade or profit; Railways 11 “Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan; “property” means any movable or immovable property, and includes— (a) any right, interest, title, claim, chose-in-action, power, privilege, whether present or future and whether vested or contingent, in relation to any property, or which is otherwise of value; (b) any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property whereof the person executing the conveyance is proprietor or possessed or wherein he is entitled to a contingent right, either for his whole interest or for any less interest; (c) any monetary instrument; (d) any other instrument or securities; (e) any business; and (f) any other tangible or intangible property; “railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes— (a) all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway; (b) all rolling-stock used for the purposes of traffic; and (c) in so far as the context allows, a railway under 12 Laws of Malaysia ACT 463 construction by or for any railway company, but does not include— (d) the Sabah Railway; (e) any railway used or, in the case of a railway to be constructed, intended to be used, by any person for the carriage of goods within any premises occupied by such person; and (f) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises; “railway company” includes any person or persons, whether incorporated or not, who are owners or lessees of a railway or parties to an agreement for working a railway; “railway official” means any person employed by or on behalf of any railway company to perform any function in connection with a railway; “railway premises” means all premises under the control of or occupied or used by any railway company; “railway reserves” means— (a) all lands duly reserved, whether before or after the commencement of this Act, for the purposes of the Federated Malay States Railways or the Johore State Railway or Keretapi Tanah Melayu under section 62 of the National Land Code 1965 or under the corresponding provisions of any previous land law as defined in the National Land Code 1965; and (b) all lands deemed to be railway reserves under section 16 or 17 of the repealed Ordinance; Railways 13 “railway scheme” means a scheme for the construction of a railway deposited with the Minister pursuant to section 7; “rate” includes any fare, freight, charge or other payment for the transport of any passenger or goods; “repealed Ordinance” means the Railway Ordinance 1948 [M.U. Ord.8 of 1948 ]; “rolling-stock” includes tenders, motors, coaches, wagons, trucks, trolleys, carriages of a