Malaysia legislation

Section 2

of *RAILWAYS ACT 1991

Section 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;

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“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

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;

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“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 any kind and locomotive and other kinds of engine used on a railway;

“State land” has the meaning assigned thereto in the

National Land Code 1965;

“the Malayan Railway” means the undertakings known as the

Malayan Railway under the repealed Ordinance; and

“warehouse” means any building or place provided or used by a railway company for the purpose of storing goods; and when it is more convenient to the railway company that the goods to be warehoused should remain in the trucks, those trucks when placed in a siding shall, for the purposes of this Act, be deemed to be a warehouse.

Read in full context — *RAILWAYS ACT 1991 →