Subject to subsections (2) and (3), no person may demand, collect and retain such freight in relation to railway services in excess
person
“person” includes an individual person, company, partnership, and any other corporate and unincorporate body of persons;
130 Laws of Malaysia ACT 715
of such rates of freight as the Minister may approve under section 84,
Minister
“Minister” means the Minister charged with the responsibility for transport;
86, 101 or 120.
The Minister may, on the recommendation of the Director
General of Land Public Transport, exempt any person from the payment of any freight in relation to railway services, subject to such terms and conditions as he thinks fit.
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; (c) in so far as the context allows, a railway under construction by or for any railway company; and (d) any guided system or guided system of a class prescribed to be a railway for purposes of this Act, but does not include— (A) the Penang Hill Railway; (B) 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; and (C) such other railways as may be prescribed;
Nothing in this section shall prevent a licensed operator from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any freight for any period, if an application for such exemption is made by the licensed operator and such application is approved by the Director General of Land Public
Transport in writing, subject to such conditions as it may deem fit.
A person who demands, collects or retains or attempts to demand, collect or retain freight in contravention of subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.