Section 6 — Railways Enactment 2017

(2)

The Minister may, on the recommendation of the Director, exempt any person from the payment of any fares in relation to railway services, subject to such terms and conditions as he thinks fit.

(3)

Nothing in this section shall prevent the Director from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any fares for any period, if an application for such exemption is made by any person and such application is approved by the Director in writing, subject to such conditions as the Director may deem fit.

(4)

A person who demands collects or retains or attempts to demand, collect or retain any fare in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5)

No person shall travel on a railway without first having paid his fare and obtaining a ticket.

(6)

Every person intending to travel on a railway shall, upon payment of his fare, be furnished with a ticket specifying the class of railway coach or accommodation for, the station or place from, and the station or place to, which the fare has been paid.

(7)

Every person travelling on a railway shall, when required to do so, show the proof of payment of the fare to a railway official to examine the payment of fares.

(8)

For the purposes of this section, “proof of payment of the fare” shall include tickets and electronic cards issued for the purpose of payment of fares or any other satisfactory evidence of payment of fares as may be set out in regulations made under this Enactment.

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(9)

Where a railway official is satisfied that any person has made use of a railway without paying the appropriate fare for the distance travelled or where any person fails to produce or deliver up proof of payment of the fare in contravention of subsection (7), he may require such person to pay –

(a)

the fare for the distance travelled; and

(b)

a special charge, not exceeding such sum as may be prescribed.

(10)

Such fare and special charge shall be paid on demand to the railway official, and if not so paid, payment thereof may be recovered by the

Director by action at law.

(11)

if any dispute arises as to the fare calculated according to distance, the dispute may be referred –

(a)

in the first instance, to the railway official to determine the dispute;

(b)

upon appeal from the decision of the railway official, to the

Director to determine the dispute, whose decision shall be final, and any certificate issued by Director, shall be admissible in evidence.

Freight