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Section 139

Special powers in emergency

of Land Public Transport Act 2010

ActIn forceProvision 143 of 244
Section 139
(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, railway service, railway premises or facility established, maintained or worked by a licensed operator;

(b)

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

142 Laws of Malaysia ACT 715

(2)

If any doubt arises as to the existence of an emergency or whether any act done under subsection (1) was in 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 temporary possession of any railway, railway service or, railway premises or facility under paragraph (1)(a), adequate compensation shall be paid by the

Government, upon the Government being satisfied that the events as mentioned in subsection (1) was not caused or contributed to in any way by the licensed operator.