Railways Act 1991 · Updated to 1 Sep 2012 · Part X · Suspension or Revocation of Licence
79. Suspension or revocation of licence
Feedback & supportWhere the Director General is satisfied that a railway company is contravening, or has contravened and is likely again to contravene, any of the conditions of its licence, the Director
Director General
“Director General” means the Director General of Railways appointed under section 3;
General may give notice in writing to the railway company requiring it to comply with that condition within the period prescribed in the notice.
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;
If on the expiry of the period prescribed in such notice the railway company fails to comply with the condition mentioned therein, the Director General shall submit to the
Minister a report of such failure by the railway company and the report shall be in such form as the Director General considers appropriate.
Minister
“Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan;
Where, after considering the report from the Director
General, the Minister is satisfied that the contraventions were, or the apprehended contraventions are, of a serious nature or affected or likely to affect the public interest or safety, and that the railway company has refused to take or has not taken all such steps as appear necessary to the Minister for the purpose of securing compliance with the condition in question, the Minister may give to the railway company notice stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also set out or specify—
the condition of the licence which the company has contravened and the acts or omissions which constitute such contravention; and
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the period (not being less than thirty days from the date of the notice) within which the railway company may make representations with respect to the proposed suspension or revocation, as the case may be.
After the expiry of the period specified in the notice and considering any representations made by the railway company, the
Minister shall decide whether to proceed with the proposed action or to take no further action.
A notice shall be given by the Minister to the railway company of his decision and the decision shall take effect from the date on which the said notice is served on the company.
The decision of the Minister under this section shall be final and conclusive.