Time-tables and lists of fares to be posted up at stations
Every railway company shall keep, at every railway station, a copy of the time-tables for the time being in force on the railway, and a list of the general fares chargeable for travelling from the station where the lists are posted to every place for which tickets are ordinarily issued to passengers at that station, and shall allow all persons to inspect it free of charge at all reasonable hours.
Fares to be prepaid and passengers’ tickets to be delivered up on demand
(1) No person shall travel on a railway without first having paid his fare and obtaining a ticket. (2) Every person intending to travel on a railway shall, upon payment of his fare, be furnished with a ticket specifying the class of coach or accommodation for, and the station or place from, and the station or place to, which the fare has been paid, and shall, when required to do so, show his ticket to any railway official duly authorized to examine the ticket, and shall deliver up the ticket upon demand to any railway official duly authorized to collect tickets. (3) Any person travelling without a ticket or not producing or delivering up his ticket as aforesaid shall be liable to pay to the railway company— (a) the fare for the distance travelled or, where there is any doubt as to the station or place from which he started, the fare from the station or place from which the railway originally started; and (b) a special charge as prescribed under any regulations made under this Act. (4) Such fare and special charge shall be paid on demand to any railway official duly authorized to collect tickets, and if not so paid, payment thereof may be recovered by the railway company by action at law.
Lien for fares, rates and other charges
(1) If, on demand made by or on behalf of a railway company, any person fails to pay any sum due to or recoverable by the railway company from him in respect of any goods, whether such sum is due for the conveyance, handling, storage, demurrage, or other charges, or in repayment of any sum disbursed by the railway company or any other sum howsoever arising, the railway company may detain the whole or any of the goods or, if such goods have been removed from the railway premises, any other goods of such person then being in or thereafter coming into the possession of the railway company. (2) When any goods have been detained under subsection (1) the railway company may— (a) in the case of perishable goods, sell the same at once by public auction or private agreement as it may deem expedient; and (b) in the case of other goods, sell by public auction, on the expiration of at least fourteen days’ notice of the intended auction published in one or more of the local newspapers, such quantity of the goods as will be sufficient to recover the sum due to or recoverable by the railway company together with all expenses of such detention, notice and sale, including, in the case of animals, the expenses of the feeding, watering and tending thereof. (3) The railway company may, out of the proceeds of the sale, retain the amount of the sum and expenses due to or recoverable by the railway company, rendering the surplus, if any, of the proceeds and such of the goods as remain unsold to the person entitled thereto. (4) If the person entitled thereto fails to remove from the railway premises, within a reasonable time, any of the goods which have remained unsold, the railway company may sell the whole of such goods and shall, after deducting the expenses of the further detention and sale of such goods, render the surplus of the proceeds to the person entitled thereto. (5) The person entitled to remove the goods shall not do so unless he tenders to the railway company a sum equal to the costs, charges and expenses of the further detention of such goods from the date of the sale under subsection (2) to the date of removal. (6) Notwithstanding anything in this section, the railway company may recover by suit or action any such sum as is referred to in subsection (1).
Disposal of unclaimed goods
(1) When any goods have come into the possession of a railway company for transport or otherwise, and are not claimed by the owner or other person appearing to the railway company to be entitled thereto, the railway company shall, if such owner or person is known, cause a notice to be served upon him requiring him to remove the goods. (2) If such owner or person is not known, or the notice cannot be served upon him, or he does not comply with the notice, the railway company may, after a reasonable time, sell the goods as nearly as may be in accordance with section 39 and render the surplus, if any, of the proceeds of the sale to any person entitled thereto.
Requisition for written declaration of description of goods
(1) The owner or person having charge of any goods which are delivered to a railway company for the purpose of being transported, and the consignee of any goods which have been transported, shall, on the request of any railway official authorized in that behalf by the railway company, deliver to such official a declaration in writing signed by such owner or person, or by such consignee, as the case may be, containing such a description of the goods as may be sufficient to determine the rate which the railway company is entitled to charge in respect thereof. (2) If such owner, person, or consignee refuses or neglects to give such a declaration or refuses to open the package containing the goods in order that their description may be ascertained, the railway company may— (a) in respect of goods which have been brought for the purpose of being transported, refuse to carry the goods unless a rate is paid in respect thereof not exceeding the highest rate which may be in force at the time on the railway for any class of goods; or (b) in respect of goods which have been transported, charge a rate not exceeding such highest rate. (3) If a declaration delivered under subsection (1) is materially false with respect to the description of any goods to which it purports to relate, and which have been transported, the railway company may charge, in respect of the transportation of the goods, a rate not exceeding double the highest rate which may be in force at the time on the railway for any class of goods. (4) If any difference arises between a railway official and the owner or person having charge, or the consignee, of any goods which have been delivered for transport, or have been transported, with respect to the description of goods the subject of a declaration under this section, the railway official may detain and examine the goods. (5) If it appears from the examination that the description of the goods is different from that stated in the declaration delivered under subsection (1), the person who delivered the declaration, if that person is not the owner of the goods, then that person and the owner jointly and severally, shall be liable to pay to the railway company the cost of the detention and examination of the goods, and the railway company shall be exonerated from all responsibility for any loss which may have been caused by the detention or examination thereof. (6) If it appears that the description of the goods is not different from that stated in the declaration delivered under subsection (1), the railway company shall pay the cost of the detention and examination, and be responsible to the owner of the goods for any such loss as mentioned above. (7) Any person adversely affected by subsection (3) or (5) may, unless he has previously admitted his liability, within seven days of the making of a claim by or on behalf of the railway company under any of the preceding subsections, require, by written notice, the railway company to recover such claim by suit or action, and until the termination of such suit or action, the right of the railway company to recover such claim by sale and retention of the proceeds thereof in the manner prescribed under this section shall be suspended.
Dangerous or offensive goods
(1) No person shall bring or cause to be brought onto a railway or require a railway company to transport or hold any dangerous or offensive goods upon the railway except in accordance with regulations made under this Act. (2) Nothing in this section or in any regulations made under this Act shall be construed as to derogate from any written law in force relating to the possession or transport of dangerous or offensive goods.
Traffic facilities
Every railway company shall afford all reasonable facilities for the receiving, forwarding and delivery of traffic on the railway.
Railway company not a common carrier
Notwithstanding any other written law, a railway company shall not be deemed to be a common carrier or to be subject to any law relating to common carriers.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).