Malaysia legislation
Section 29
Section 29
(2)
If on the expiry of the period stated in such notice the licensed operator fails to comply with the condition or provision mentioned therein, the Director shall submit to the Minister a report of such failure by the licensed operator together with any recommendations by the Director and the report shall be in such form as the Director considers appropriate.
(3)
Where, after considering the report from the Director and his recommendations, the Minister is satisfied that the contravention or apprehended contravention is of a serious nature or has affected or is likely to affect public interest or safety, and the licensed operator has refused to take or has not taken all such steps as appear necessary to the Director for the purpose of securing compliance with the condition or provision in question, the
Minister may authorise the Director to give to the licensed operator a written notice stating that it proposes to revoke or suspend, as the case may be, its operator’s licence and such notice shall also set out or specify –
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(a)
the condition of the operator’s licence or provision which the licensed operator has contravened and the acts or omissions which constitute such contravention; and
(b)
the period, not being less than thirty days from the date of the notice, within which the licensed operator may make representations with respect to the proposed revocation or suspension, as the case may be.
(4)
After the expiry of the period specified in the notice and considering any representations made by the licensed operator and any recommendations made by the Director, the Minister shall decide whether to proceed with the proposed action or to take no further action.
(5)
A notice shall be given by the Director to the licensed operator of the decision of the Minister and the decision shall take effect from the date on which the notice is served on the licensed operator.
(6)
In addition to his powers under the preceding subsections, the Minister may, by written notice, revoke or suspend an operator’s license –
(a)
if the issuance of the operator’s licence was induced by a false representation of fact by or on behalf of the licensed operator;
(b)
in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating railway services of such licensed operator; or
(c)
If he is satisfied that the railway used in connection with the operator’s licence, has been or is intended to be used for an unlawful purpose or that the original purpose for which the operator’s license was issued no longer exists:
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Provided that the Director shall not revoke or suspend the operator’s licence unless it is satisfied that, after giving the licensed operator an opportunity of making any representation in writing it may wish to make, the operator’s licence should be revoked or suspended.
(7)
The decision of the Minister shall be final and conclusive and no compensation shall be payable to the licensed operator in respect of any action lawfully taken against it under this section.
(8)
Where an operator’s licence –
(a)
has been revoked, it shall have no effect from the date of revocation and the licensed operator shall within fourteen days from the date of revocation of the operator’s licence return the operator’s licence to the Director; or
(b)
has been suspended, it shall have no effect during the period of suspension.
(9)
A licensed operator whose operator’s licence has been suspended shall not, during the period of suspension, operate the railway authorized by such operator’s license.
(10)
A licensed operator who contravenes subsection (8) or (9) 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.
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