Railways Act 1991 · Updated to 1 Sep 2012 · Part X · Suspension or Revocation of Licence
82. Provisions relating to assumption of control under section 80
Feedback & supportWhere control of a railway company has been assumed in pursuance of an order under section 80, the company and its directors and officers shall submit its property, business and affairs to such control, and shall provide the Director General or, if the control is assumed by a person appointed by 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 (hereinafter in this Part referred to as “the appointed person”), to such appointed person, all such facilities as may be required to carry on the business and affairs of the railway company.
Where control of a railway company has been assumed in pursuance of an order under section 80, the Director General or the appointed person, as the case may be, shall remain in control of the property, business and affairs of the railway company concerned, and carry on the business and affairs of that company in the name and on behalf of that company, as provided in the said order, until such time as the said order is revoked under subsection 80(3).
Director General
“Director General” means the Director General of Railways appointed under section 3;
Throughout the period of control of a railway company in pursuance of an order under section 80, there shall be vested in the Director General or the appointed person, as the case may be, all the powers of the company and of its directors under the constituent documents of that company, or exercisable by that company or its directors under any written law or otherwise howsoever, regardless whether such powers are exercisable by resolution, special resolution, or in any other manner whatsoever, and any difficulty whatsoever arising in relation thereto may be resolved by the Minister by a direction in writing.
Minister
“Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan;
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During the period that an order under section 80 is in force, no director of the railway company to which the order relates shall, either directly or indirectly, engage in any activity in relation to the company, except as may be required or authorized by the Director General or the appointed person, as the case may be, and no remuneration of whatever nature shall accrue or be payable to any director of the company, except such as may be approved in writing by the Director General or the appointed person, as the case may be, in relation to any activity required or authorized as aforesaid by the Director General or the appointed person, as the case may be.
For the avoidance of doubt, it is hereby declared that an order under section 80 shall not have the effect of conferring on, or vesting in, the Director General or the appointed person, as the case may be, any title to, or any beneficial interest in, any property of the railway company to which the order relates.
property
“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;