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Section 86

Special powers in emergency

of Railways Act 1991

ActIn forceProvision 85 of 105
Section 86
(1)

The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock out or any other event which gives rise to an emergency or in the interest of public order or safety, authorize the Minister to—

(a)

take temporary possession of any railway or railway service or facility established, maintained or worked by a railway company;

(b)

withdraw, partially or totally, the use of any railway service or facility from any person or class of persons or from the public at large.

(2)

If any doubt arises as to the existence of a public emergency or whether any act done under subsection (1) was in

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the interest of public order or safety, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.

(3)

Where the Government takes possession of any railway or railway service or facility under paragraph (1)(a), adequate compensation shall be paid.