As soon as possible after the occurrence of an accident, the railway company shall cause an inquiry to be made by a committee of railway officials to investigate the cause of the accident but in cases where there is no reasonable doubt as to the cause of the accident or the railway company accepts all responsibility, it shall not be necessary to hold such inquiry.
railway
“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 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;
The railway company shall submit to the Director
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;
General a report on the accident and such report shall state what action the company proposes to take with regard to the officials responsible for the accident or for the revision of the rules or system of working and, if an inquiry has been held under subsection (1), a report on the inquiry.
The Director General may, if he is not satisfied with the report submitted to him under subsection (2), and with the approval of the Minister, form a committee of investigation to inquire into the cause of the accident.
Director General
“Director General” means the Director General of Railways appointed under section 3;
For the purposes of such inquiry, the committee of investigation may summon any person to attend any meeting of the said committee to give evidence on oath or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession related to the matters which are the subject matter of such inquiry.
Any person who, under subsection (4)—
having been summoned to attend any such inquiry, fails to do so;
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offers any act of disrespect or any insult or threat to the committee or any member thereof during an inquiry; or
having been required by the committee to give evidence on oath or to produce a document or other thing, refuses to do so or gives false evidence or produces a document or any other thing which he knows to be false, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.
The committee of investigation shall, on completion of the inquiry, submit its report to the Director General and such report shall state the opinion of the committee as to the cause of the accident and the full particulars of the case.