Malaysia legislation
Section 41
Section 41
(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
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Laws of Malaysia ACT 463
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