Railways Act 1991 · Updated to 1 Sep 2012 · Part XII · Railway Assets Corporation and Railway Property
89. Establishment, membership and functions of the Railway Assets Corporation
Feedback & supportThere shall be established a body corporate by the name of “Railway Assets Corporation” (hereinafter referred to as
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;
“the Corporation”) with perpetual succession and a common seal and may sue and be sued in its name and subject to and for the purposes of this Act, may enter into contracts, and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Corporation upon such terms as it deems fit.
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;
The Corporation shall consist of the following members who shall be appointed by the Minister:
Minister
“Minister” means the Minister for the time being charged with the responsibility for railways in Sabah, Sarawak and the Federal Territory of Labuan;
a representative of the Ministry of Transport;
a representative of the Treasury;
a representative of the Economic Planning Unit;
the Federal Lands Commissioner;
the Railway Assets Manager who shall be an ex-officio member; and
not more than two other members.
The Minister shall appoint a person from amongst the members of the Corporation to be the Chairman.
Where the Chairman is unable to attend any meeting of
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the Corporation due to illness, incapacity or any other reason, the
Minister may appoint any other member as he thinks fit to preside over the meeting and that member may exercise all the powers of the Chairman in respect of that meeting.
The Chairman and four other members shall form a quorum at all meetings of the Corporation.
If on any question to be determined there is an equality of votes, the Chairman shall have a casting vote.
The provisions of the Schedule shall apply to the
Corporation.
The functions of the Corporation shall be—
to manage, administer and maintain—
all property and rights of the Malayan
Railway Administration under the repealed
Ordinance which by virtue of section 92 are vested in the Corporation;
all property vested in, held or acquired by the
Federal Lands
Commissioner under the repealed Ordinance which by virtue of section 93 are vested in the Corporation, and to manage and administer all liabilities in respect thereof;
undertake projects for the development or redevelopment of any railway infrastructure or facilities;
and
to carry out and perform such other functions as may be prescribed by the Minister under this Act.
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