Railways Act

In this Act and in any rules made thereunder, unless there is something repugnant in the subject or context —

“assistant manager” means an assistant to the general manager or manager of a railway;

“manager” means the person appointed by the Government or by the government of Malaysia, or by a railway company, as the case may be, to act as general manager or manager of a railway;

“passengers’ luggage” means all such articles as a passenger takes with him for his personal use or convenience, according to the habits or wants of the class to which he belongs, with reference to either the immediate necessities or the ultimate purpose of the journey, but does not, except in the case of commercial travellers, include any articles carried for purposes of business, trade or profit;

“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —

“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;

“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, but shall not include the government of Malaysia;

“railway employee” includes the manager, the assistant managers, and all such officers, employees, agents and other persons as are employed to do any act upon a railway;

“railway official” includes all persons employed by or on behalf of the railway administration to perform any function in connection with a railway.

All duties and powers hereinafter required to be performed and exercised by the manager shall and may be performed and exercised by an assistant manager.

If the Government, or the government of Malaysia, or any company is desirous of constructing a railway within Singapore, it shall deposit with the Secretary to the Cabinet a scheme for such railway stating the general direction and terminal points of the proposed railway, accompanied by a map, and thereupon the President, after making such inquiries as he thinks fit, may reject or provisionally approve the scheme.

In case the President provisionally approves the scheme, sections 3 and 4 of the Land Acquisition Act [Cap. 152] shall be applicable to the lands likely to be needed for the purposes of such railway.

After any railway has been provisionally approved under section 3, the Government or the railway company, as the case may be, shall deposit for public inspection in the office of the Chief Surveyor at Singapore —

Notice shall be given of the deposit of such plans and books of reference by advertisement in the Gazette and in not less than two local newspapers, calling on all persons having any objection to the plans and books of reference to send in a statement of their objection in writing to a Collector of Land Revenue within 3 months from the date of the notice.

Such notice shall be published in at least 3 successive issues of the Gazette and of the local newspapers.

At the expiration of the period of 3 months the plans and sections referred to in subsection (1) shall be presented to Parliament, together with the objections thereto, and shall be considered and approved or amended by Parliament in Committee.

The plans and sections, if approved or amended by Parliament, shall be deemed to be the deposited plans referred to in this Act.

Any railway constructed under this Act shall be made and maintained in the lines and according to the levels shown on the deposited plans and sections, with all proper bridges, viaducts, stations, sidings, approaches, junctions, roads, buildings, yards, works and conveniences connected therewith and incidental thereto.

The railway administration may deviate from the line of railway shown on the deposited plans, provided that no such deviation shall extend beyond the limits of deviation shown on the plans.

Such of the lands shown on such plans and book of reference as are required for the purposes of such railway shall be deemed to be land required for a public purpose within the meaning of the Land Acquisition Act [Cap. 152].

Proceedings under the Land Acquisition Act shall be taken separately in respect of each holding mentioned in the book of reference.

The railway administration may, with the approval of the President, establish and work or contract with persons to work on its behalf, any motor service or aircraft service, whether necessary or not, for the accommodation of its traffic, and may, with the like approval, make rules to regulate —

The rules may provide that any person committing a breach of any of them shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

Any railway company which establishes and works or contracts with persons to work on its behalf, any motor service or aircraft service without making rules in accordance with this section shall forfeit to the Government a sum of $40 for every day during which such omission continues.

Subject to this Act, and subject also as regards the parties thereto to the provisions of any contract entered into between a railway administration and the owners or occupiers of, or other parties interested in, any lands taken or used for the purposes of a railway, and subject also in the case of a company to the provisions of any contract between the Minister and the company, the railway administration may, for the purpose of constructing the railway or the accommodation or other works connected therewith and notwithstanding anything in any other Act for the time being in force —

The exercise of the powers conferred on the railway administration by this section shall be subject to the control of the Minister.

A railway administration shall not construct on the shore of the sea or of any creek, bay, arm of the sea or navigable river communicating therewith, where and so far up the same as the tide flows and reflows, any work or construct any railway or bridge across any creek, bay, arm of the sea or navigable river where and so far up the same as the tide flows and reflows, without the previous consent in writing of the Minister, and then only according to such plan as the Minister approves.

When such work, railway or bridge has been constructed the railway administration shall not alter or extend the same without obtaining, before making any such alteration or extension, the like consent and approval.

If any such work, railway or bridge is commenced or completed contrary to this section, the Director‑General of Public Works, with the approval of the Minister, may abate and remove the same and may restore the site thereof to its former condition at the costs and charges of the railway administration.

The Minister may authorise a railway administration, in case of any slip or other accident happening or being apprehended to any cutting, embankment or other work under the control of the railway administration, to enter upon any lands adjoining its railway for the purpose of repairing or preventing the accident and to do all such works as are necessary for the purpose.

In case of necessity a railway administration may enter upon the lands and do the works aforesaid without having the previous sanction of the Minister, but in such a case shall, within 72 hours after such entry, make a report to the Minister, specifying the nature of the accident or apprehended accident and of the works necessary to be done.

The power conferred on the railway administration by subsection (2) shall cease and determine if the Minister, after considering the report, considers that the exercise of the power is not necessary for the public safety.

A railway administration shall do as little damage as possible in the exercise of the powers conferred by sections 7, 9 and 10, and compensation shall be paid for any damage caused by the exercise thereof.

An action shall not lie to recover such compensation, but in case of dispute the amount thereof shall, on application to a Collector of Land Revenue, be determined and paid in accordance as far as may be with the procedure prescribed by sections 10 to 15 and 19 to 40 of the Land Acquisition Act [Cap. 152] and sections 52 and 53 of that Act shall apply to the award of compensation.

Every railway administration shall make and maintain the following works for the accommodation of the owners and occupiers of lands adjoining the railway:

Subject to the provisions of this Act, the works specified in subsection (1)(a) and (b) shall be made during or immediately after the laying out or formation of the railway over the lands traversed thereby, and in such manner as to cause as little damage or inconvenience as possible to persons interested in the lands or affected by the works.

Subsections (1) and (2) shall be subject to the following provisos:

The Minister may appoint a time for the commencement of any work to be executed under subsection (1), and if for 14 days next after that time the railway administration fails to commence the work, or having commenced it fails to proceed diligently to execute it in a sufficient manner, the Minister may execute it and recover from the railway administration the cost incurred by him in the execution thereof.

The Minister may require that within a time to be specified in the requisition or within such further time as he appoints in this behalf —

Any railway company which fails to comply with any requisition made under this section shall forfeit to the Government a sum of $100 for every day after the first during which such default continues.

Where the railway administration has constructed the railway across a public road on the level, the Minister may at any time, if it appears to him necessary for the public safety, require the railway administration within such time as he thinks fit to carry the road either under or over the railway by means of a bridge or arch with convenient ascents and descents and other convenient approaches instead of crossing the road on the level, or to execute such other works as in the circumstances of the case appear to the Minister to be best adapted for removing or diminishing the danger arising from the level crossing.

The Minister may require as a condition of making a requisition under subsection (1) that the Director‑General of Public Works shall undertake to pay the whole of the cost to the railway administration of complying with the requisition or such portion of the cost as the Minister thinks just.

Where a railway crosses any public carriage road on a level, the railway administration shall erect and at all times maintain good and sufficient gates across the railway on each side of such road where the road communicates with the railway, and shall employ proper persons to open and shut such gates.

Such gates shall be kept constantly closed across such railway except when engines or carriages passing along the railway have occasion to cross such road, and the person entrusted with the care of the gates shall cause the gates to be closed, as soon as the engines or carriages have passed through the gates, under penalty of a sum not exceeding $50 for every default therein.

The Minister may in any case order that any of such gates may be kept closed against the road instead of against the railway.

The Minister may impose any conditions with regard to such order.

Any railway company which fails to erect or maintain sufficient gates in accordance with this section at any level crossing, or fails to employ a proper person to open and shut such gates shall forfeit to the Government a sum of $100 for every day during which such default continues.

Where any such declaration has been made the railway administration shall erect warning boards alongside of the public carriage road and whistle-signals upon the railway at suitable distances from such level crossings, and the driver of every locomotive engine shall sound the whistle of his engine in accordance with the signals before the engine crosses the road.

The railway administration shall not be liable for death or injury caused to any person or for damage to any property by the passage of any locomotive engine or any other rolling-stock attached thereto across the public carriage road at such level crossings unless it is proved that the driver of the locomotive engine did not sound the whistle of his engine in accordance with the signals.

For the purposes of this subsection, “locomotive engine” includes any vehicle used upon the railway which is drawn or propelled by any motive power.

If a railway crosses any highway other than a public carriageway on the level, the railway administration shall make where necessary, and at all times maintain, convenient ascents and descents and other convenient approaches with handrails or other fences, and, if the highway is a footway, good and sufficient gates or stiles on each side of the railway where the highway communicates therewith.

The manager shall be judge of the necessity in the case of a railway administered by the Government, and the Director‑General of Public Works or a Deputy Director‑General of Public Works in the case of a railway administered by a company.

Any railway company which fails to comply with this section shall forfeit to the Government a sum of $100 for every day during which the default continues.

In either of the following cases:

In case of emergency the power mentioned in subsection (1) may be exercised by the railway administration without the permission of a Magistrate’s Court.

Where a tree felled or otherwise dealt with under subsection (1) or (2) was in existence before the railway was constructed or the signal was fixed, any Magistrate’s Court may, upon the application of the persons interested in the tree, award to those persons such compensation as it thinks reasonable.

Such an award, subject to an appeal to the High Court, shall be final.

Except as provided in subsection (3), a civil court shall not entertain a suit to recover compensation for any tree felled or otherwise dealt with under this section.

In the event of the owner or the occupier of any land felling or clearing any trees or jungle adjacent to the railway or to any telegraphs or telephones erected thereon, the owner or occupier shall give to the railway administration 7 days’ previous notice in writing of his intention to do so and shall take all such reasonable precautions as the railway administration requires for the protection of the railway or of any telegraphs or telephones erected thereon.

In the event of any such owner or occupier causing damage to the railway or to any telegraphs or telephones erected thereon, the amount of any such damage shall, in default of agreement, be recoverable in a summary manner before a Magistrate’s Court.

If any such claim exceeds $500 proceedings shall be taken before the High Court.

A railway administration may, with the previous sanction of the Minister, use upon a railway locomotive engines or other motive power and rolling-stock to be drawn or propelled thereby.

Rolling-stock shall not be moved upon a railway by steam or other motive power until such general rules for the railway as are considered necessary have been made, sanctioned and published under this Act.

Subject to subsection (2), a railway administration shall one month at least before it intends to open any railway for the public carriage of passengers give to the Minister notice in writing of its intention.

The Minister may in any case, if he thinks fit, reduce the period of or dispense with the notice mentioned in subsection (1).

No railway shall be opened for the public carriage of passengers until the Minister has by order sanctioned the opening thereof for that purpose.

The sanction of the Minister shall not be given until an engineer, to be appointed by the Minister, has, after inspection of the railway, reported in writing to the Minister that —

This section shall extend to the opening of any additional works forming part of or directly connected with the railway which have been constructed after the inspection which preceded the first opening of the railway, and also to any alteration or reconstruction materially affecting the structural character of any work to which this section applies.

The Minister may make rules defining the cases in which, and in those cases the extent to which, the procedure prescribed in this section may be dispensed with in regard to the classes of works specified in subsection (3).

If at any time after inspecting a railway or any rolling-stock used thereon the engineer is of opinion that the use of the railway or of any specified rolling-stock will be attended with danger to the public using it, he shall state that opinion, together with the grounds hereof, to the Minister.

The Minister may thereupon order that the railway shall be closed for the public carriage of passengers, or that the use of the rolling-stock so specified shall be discontinued, or that the railway or the rolling-stock so specified shall be used for the public carriage of passengers on such conditions only as the Minister considers necessary for the safety of the public.

An order under subsection (2) must set forth the grounds on which it is founded.

When at any time a railway has been closed under section 26 it shall not be reopened for the public carriage of passengers until it has been inspected and its reopening sanctioned in accordance with this Act.

When the Minister has ordered under section 26 that the use of any specified rolling-stock shall be discontinued, that rolling-stock shall not be used until the engineer has reported that it is fit for use and the Minister has sanctioned its use.

Every railway company shall, in forms to be approved by the Minister, prepare half-yearly, or at such intervals as the Minister prescribes, such returns of its capital and revenue transactions and its traffic as the Minister requires, and shall forward a copy of those returns to the Minister at such times as he directs.

Any railway company which fails to comply with this section shall forfeit to the Government a sum of $50 for every day during which the default continues after the 14th day from the date prescribed for the submission of the return.

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 [Cap. 50] having its registered office in Singapore might be brought by and against such company, may be brought by and against the manager.

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.

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 taken 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 taken in execution.

Nothing in subsection (1) shall be construed as affecting the authority of any court to attach the earnings of a railway in execution of a judgment or order.

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.

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.

Every railway employee shall be deemed to be a public servant for the purpose of Chapter IX of the Penal Code [Cap. 224].

In section 161 of the Penal Code [Cap. 224], “Government” shall for the purpose of subsection (1) be deemed to include a railway administration.

Notwithstanding anything in section 21 of the Penal Code, 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).

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.

The responsibility of a railway administration for the loss, destruction or deterioration of animals delivered to the administration to be carried on the railway shall not in any case exceed, in the case of horses, $350 a head, or in the case of mules, donkeys or horned cattle, $100 a head, or in the case of sheep, goats, dogs or other animals, $20 a head unless the person sending or delivering them to the administration caused them to be declared or declared them at the time of their delivery for carriage by railway to be respectively of higher value.

Where such higher value has been declared the railway administration may charge in respect of the increased risk a percentage upon the excess of the value so declared over the respective sums aforesaid.

The railway administration shall not under any circumstances be liable for the loss, destruction or deterioration of any animal if such loss, destruction or deterioration is due to fright or restiveness not caused by negligence or misconduct on the part of any railway official, nor for any loss or damage arising from delay in the conveyance of any animal not caused by such negligence or misconduct as aforesaid.

The railway administration shall not be liable for the loss, destruction or deterioration of any traction engine, motor car or other vehicle delivered to it to be carried on the railway unless that vehicle has been delivered into the custody of a railway clerk or station master and a written acknowledgment of the receipt by the railway administration of the vehicle has been obtained.

The responsibility of the railway administration for the loss, destruction or deterioration of traction engines, motor cars and other vehicles delivered into the custody of a railway clerk or station master to be carried on the railway and in respect of which such written acknowledgment as is referred to in subsection (1) has been obtained shall not extend to the payment, in respect of any one vehicle, of any sum in excess of the following limits: $in the case of a traction engine or motor car of a kind not herein otherwise specifically referred to ... ... ... ...200in the case of a coach, carriage, ghari or omnibus ... … ….100in the case of a motor-bicycle or motor-tricycle ...50in the case of any other vehicle ... ...10except where the person delivering or causing delivery of a vehicle into the custody of a railway clerk or station master declared it in writing or caused it to be declared in writing at the time of such delivery to be of a value exceeding the limit hereinbefore prescribed in respect of that vehicle and paid by way of compensation for increased risk a sum, in addition to the prescribed charge for carriage by railway, equal to 1% upon the excess of the value so declared over the limit hereinbefore prescribed.

In this section —

“motor car” includes every description of vehicle propelled by mechanical power other than a traction engine;

“traction engine” means every description of vehicle propelled by mechanical power and constructed for the purpose of drawing a carriage or the carriage of goods and merchandise, and includes rollers, road sprinklers, and every other vehicle propelled by mechanical power not constructed for the conveyance of passengers, but shall not include a fire engine or vehicle used in connection therewith;

“vehicle” includes, in addition to the vehicles mentioned in subsection (2), carts, wagons, vans, lorries, trishaws, bicycles, tricycles, hand-carts and other vehicles used or intended to be used for the conveyance of persons or goods.

The railway administration shall not be responsible for the loss, destruction or deterioration of any article of passengers’ luggage unless it has been delivered into the custody of a railway official and retained in the sole custody of the railway administration. For the purposes of this section luggage placed at the request of a passenger in the compartment in which he intends to travel shall be deemed not to be retained in the sole custody of the railway administration.

The responsibility of the railway administration for the loss, destruction or deterioration of any article of passengers’ luggage delivered into the custody of a railway official shall not, whether that article was registered or not, extend to the payment in respect of any one article and its contents of any sum in excess of the limits hereby prescribed — $in the case of a passenger duly furnished with a ticket for a carriage of the 1st class ...100in the case of a passenger duly furnished with a ticket for a carriage of the 2nd class ...50in the case of a passenger duly furnished with a ticket for a carriage of the 3rd class ...25unless the value of such article has been declared and a percentage on the amount by which the value of such article exceeds the limits prescribed above has been paid by way of compensation for the increased risk.

When any articles mentioned in the Schedule are contained in any parcel or package delivered to a railway administration for carriage by railway, whether as passengers’ luggage or not, and the value of such articles in the parcel or package exceeds $100, the railway administration shall not be responsible beyond that sum for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the railway administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by railway, and if so required by the railway administration paid or engaged to pay a percentage on the value so declared by way of compensation for increased risk.

When any parcel or package of which the value has been declared under subsection (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss, destruction or deterioration shall not exceed the value so declared, and the burden of proving the value so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.

A railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway employee authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.

This section shall not apply to any parcel carried by the railway for any postal authority.

When a railway administration contracts to carry passengers, animals, luggage or goods partly by railway and partly by sea, a condition exempting the railway administration from responsibility for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which happens during the carriage by sea from the act of God, the State’s enemies, fire, accidents from machinery, boilers and steam, and all and every other dangers and accidents of the seas, rivers and navigation of whatsoever nature and kind shall, without being expressed, be deemed to be part of the contract.

Subject to the condition contained in subsection (1), the railway administration shall, irrespective of the nationality or ownership of the ship used for the carriage by sea, be responsible for any loss of life, personal injury, or loss of or damage to animals, luggage or goods which, without its actual fault or privity, happens during the carriage by sea, whether from improper navigation or management of the ship or otherwise, to the following extent only:

For the purposes of this section, the tonnage of a steam vessel shall be her gross tonnage, and the tonnage of a sailing vessel shall be her registered tonnage.

The limitation of liability under this section shall relate to the whole of any losses or damages which arise upon any one distinct occasion, although such losses or damages are sustained by more than one person.

The burden of proving that any such loss, injury or damage as is mentioned in subsection (1) happened during the carriage by sea shall be upon the railway administration.

Subject to any agreement in writing to the contrary, in any suit against a railway administration for compensation for loss, destruction or deterioration of animals or goods or passengers’ luggage delivered to the railway administration for carriage by railway, it shall not be necessary for the plaintiff to prove how the loss, destruction or deterioration was caused.

In every such proceeding the burden of proving the value of the animals or goods or passengers’ luggage, and, where the same have been injured, the extent of the injury, shall lie upon the person claiming the compensation.

Notwithstanding anything in this Part, a railway administration shall not be responsible for the loss, destruction or deterioration of any goods with respect to the description of which a materially false account has been given to the railway administration by the owner or person having charge thereof if the loss, destruction or deterioration is in any way brought about by the false account.

The railway administration shall not be responsible in any case for an amount exceeding the value of the goods if such value were calculated in accordance with the description contained in the false account.

Whenever an accident occurs upon a railway —

The notice shall contain a brief statement of the nature of the accident and of the injuries or damage caused.

As soon as possible after the occurrence of an accident the railway administration shall cause an inquiry (hereinafter referred to as a joint inquiry) to be made by a committee of railway officials for the investigation of the causes which led to the accident:Provided that in cases where —

Where a joint inquiry is not held the head of the sub-department of the railway responsible for the accident shall cause a departmental inquiry to be held.

The railway administration shall report the result of the joint or departmental inquiry to the Minister, and shall state what action it is proposed to take in regard to the officials responsible for the accident or for the revision of the rules or system of working.

The Minister may, in any case in which he considers it advisable, order that an inquiry into the cause of any accident be made by any Magistrate or other person designated in such order.

A Magistrate appointed to hold an inquiry under this section shall have all the powers which he would have in holding an inquiry into an offence.

Any other person so appointed shall have and may exercise for the purposes of such inquiry all the statutory and other powers which shall be for the time being vested in and exercisable by a Magistrate for summoning and enforcing the attendance of witnesses, for administering oaths or affirmations to such witnesses and for compelling such witnesses to answer all reasonable and proper questions relative to the matters which are the subject of such inquiry.

The Magistrate or other person holding such inquiry shall submit to the Minister a copy of the proceedings and a report in writing as to the cause or origin of the accident, and shall state whether in his opinion it was caused by design or was the result of accident or of negligence, stating the full particulars of the case and the conclusions at which he has arrived.

Any railway company which fails to give such notice of an accident as is required by section 46 and the rules for the time being in force under section 50 shall forfeit to the Government a sum of $100 for every day during which the omission continues.

Any station master or railway employee who omits to give such notice of an accident as is required by section 46 and the rules made under section 50 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

The railway administration, subject to the approval of the Minister, shall make general rules for —

The rules may provide that any person committing a breach of any of them shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50.

The railway administration shall keep at each station on its railway a copy of the tariff book for the time being in force under this section, and shall allow any person to inspect it at all reasonable times.

Any railway company which omits to make general rules in accordance with this section shall forfeit to the Government a sum of $20 for every day during which such omission continues.

The railway administration shall determine the maximum load for every wagon or truck in its possession, and shall exhibit the load so determined in a conspicuous manner on the outside of every such wagon or truck.

Every person owning a wagon or truck which passes over the railway shall similarly determine and exhibit the maximum load for the wagon or truck.

The gross weight of any such wagon or truck bearing upon the axles when the wagon or truck is loaded to such maximum load shall not exceed such limit as is approved by the Director‑General of Public Works for the class of axle under the wagon or truck.

Any railway company which and any person who fails to comply with this section shall forfeit to the Government a sum of $20 for every day during which this section is contravened.

Every railway administration shall fix, subject to the approval of the Minister, the maximum number of passengers which may be carried in each compartment of every description of carriage, and shall exhibit the number so fixed in a conspicuous manner inside or outside each compartment in English, Malay, Chinese and Tamil.

Any railway company which contravenes this section shall forfeit to the Government a sum of $20 for every day during which this section is contravened.

The manager of a railway administered by the Government or by the government of Malaysia may, at his discretion and subject to subsection (2), summarily dismiss on the ground of misconduct, continued neglect of duty, incompetence or inefficiency any railway official not under written agreement and in receipt of a salary of less than $400 per month, or may suspend any such official from the performance of his duties or may reduce such official to a lower grade.

Any official so dismissed, suspended or reduced shall have the right of appeal to the Minister or the appropriate Minister of Malaysia, as the case may be.

If such suspension, dismissal or reduction is confirmed by the Minister or the appropriate Minister of Malaysia, as the case may be, the official, if suspended, shall thereupon be dismissed from the service of the Government, or, if already dismissed by the manager, shall be deemed to be finally dismissed without further appeal.

The manager may make such by-laws as he thinks fit for the purpose of regulating the conduct of the officials employed on the railway, and a copy thereof shall be given to every official affected thereby.

The manager may by such by-laws impose such reasonable penalties upon all persons, being officials employed on the railway, offending against those by-laws as he thinks fit, not exceeding in any one month 7 days’ pay of any such official.

Any such official who feels aggrieved by any such penalty may appeal to the Minister or the appropriate Minister of Malaysia, as the case may be, whose decision shall be final.

The imposition of fines under subsection (5) upon any official employed on the railway shall, subject to subsection (6), be wholly within the discretion of the manager; and in the event of his considering that any offence or misconduct in respect of which the fine has been incurred would be better dealt with by a criminal prosecution, he may institute such prosecution in lieu of the imposition of such fine.

No person shall enter any carriage used on a railway or any steamer or other vessel used for carrying on the traffic of a railway, for the purpose of travelling therein, without first having paid his fare and obtained a ticket.

Every person desirous of travelling on the railway shall, upon payment of his fare, be furnished with a ticket specifying the class of carriage 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 show his ticket to any railway official duly authorised to examine the ticket, and shall deliver up the ticket upon demand to any railway official duly authorised to collect tickets.

Any person travelling without a ticket or not producing or delivering up his ticket as aforesaid shall be liable to pay —

Such fare and special charge shall be paid on demand to any railway official duly authorised to collect tickets and, if not so paid, payment thereof may be enforced in the same manner as any fine imposed under this Act.

The fare and freight paid for the conveyance of passengers or goods by any particular train, steamer or other vessel shall be deemed to be accepted only upon condition that there is room in such train, steamer or other vessel for the passengers or goods to be conveyed.

In case there is not room for all the passengers or goods, those passengers who have obtained tickets for the longest distance shall have the preference, and those who have obtained tickets for the same distance shall have the preference according to the order in which they have received their tickets, and the like order shall be observed as to goods.

All officers and troops on duty, and all other persons travelling on the business of the Government shall be entitled to be conveyed on the railway in preference to or in priority over the public without reference to the distance for which, or the order in which, they have received their tickets.

No person shall smoke, expectorate or chew betel, bhang, tobacco, opium or other like substance in or upon any platform, waiting room, booking hall, office, carriage, passage, subway or footbridge or in any other place belonging to the railway where such smoking, expectoration or chewing is prohibited.

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20 for each offence.

Any person who persists in infringing this section, after being warned to desist by any railway official or passenger, may, in addition to incurring the liability abovementioned, be removed by any official from any such carriage and from the premises appertaining to the railway and shall, if a passenger, forfeit his fare.

Any person who —

In addition to such liability the offender may be removed by any railway official from any such carriage and also from the premises appertaining to the railway and shall, if a passenger, forfeit his fare.

Any passenger may be directed by a station master, guard or other railway official to enter and travel in any carriage or compartment which such railway official indicates, not being of a lower class than that for which he has paid his fare.

Any passenger who refuses or neglects to conform to such direction may be removed by any railway official from the premises appertaining to the railway and shall forfeit his fare.