Railways Act 1991 · Updated to 1 Sep 2012 · Part IX · Offences and Penalties
64. Penalty for damage, whether wilful or negligent
Feedback & supportAny person who—
wilfully or negligently damages any railway or any property belonging to a railway company;
removes sand, stone, earth or any other matter or thing from banks, bridges, culverts, retaining walls or the railway track belonging to a railway company; or
fells timber in a manner likely to endanger the safety of passing trains or of any person in or upon such trains, or to cause damage to the railway track, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Any person who ties up the wires of wire fencing, breaks down or destroys any fencing or hedges, or does or causes to be done any act that damages or is likely to damage any fence or hedge appertaining to a railway shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
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;
Any person who, wilfully or negligently, diverts any stream or drain or, by any means, causes water to flow on to a
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Laws of Malaysia ACT 463
railway or, causes damage to a railway in any manner by water, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Any person who, having any contract for the supply to a railway company of bricks, ballast, timber, fuel, or any other material, or being employed in connection with the supply to the railway company of such material, negligently places or stacks the said material in an unsafe or careless manner, or at less than the prescribed distance from the rails, so that the safety of passing trains or of any person in or upon such trains is endangered shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
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;