Actions against railway administration, how brought
32.—(1) In the case of a railway administered by the Government or the government of Malaysia all actions and suits which, if the railway were the property of a company under the Companies Act 1967 having its registered office in Singapore might be brought by and against such company, may be brought by and against the manager.
(2) For the purpose of all such actions and suits the lands, buildings, rolling stock and other property appertaining to that railway shall be deemed to be the property of the manager.
Restriction on execution or enforcement against railway property
33.—(1) None of the rolling stock, machinery, plant, tools, fittings, materials or effects used or provided by a railway administration for the purpose of the traffic on its railway, or of its stations or workshops, shall be liable to be under or pursuant to an enforcement order or in execution of any decree or order of any court or of any local authority or person having by law power to attach or distrain property, or otherwise to cause property to be under or pursuant to an enforcement order or in execution.[Act 25 of 2021 wef 01/04/2022]
(2) Nothing in subsection (1) shall be construed as affecting the authority of any court to attach the earnings of a railway in execution or enforcement of a judgment or order.[Act 25 of 2021 wef 01/04/2022]
Service of summons, notices, etc.
34.—(1) Any summons, notice, order or other document required to be served upon the manager or upon the company, as the case may be, may be served by leaving the same or sending it through the post by a registered letter addressed to the manager or to the company, as the case may be, at the principal office of the railway administration.
(2) Where a summons, notice, order or other document is served by post it shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the letter containing the summons, notice, order or other document was properly addressed and registered.
Provisions as to railway employees
35.—(1) Every railway employee shall be deemed to be a public servant for the purpose of Chapter 9 of the Penal Code 1871.
(2) In section 161 of the Penal Code 1871, “Government” shall for the purpose of subsection (1) be deemed to include a railway administration.
(3) Notwithstanding anything in section 21 of the Penal Code 1871, a railway employee shall not be deemed to be a public servant for any of the purposes of that Code except those mentioned in subsection (1).
(4) In this section, “railway employee” includes any person who, having been appointed to serve in the railway police force of Malaysia, is actually serving in that capacity in Singapore.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
