Railways Act 1991 · Updated to 1 Sep 2012 · Part XI · Miscellaneous Provisions
86. Special powers in emergency
Feedback & supportThe 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—
Minister
“Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan;
take temporary possession of any railway or railway service or facility established, maintained or worked by a railway company;
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.
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.
Where the Government takes possession of any railway or railway service or facility under paragraph (1)(a), adequate compensation shall be paid.
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;