Malaysia legislation
Section 79
Section 79
(2)
If such owner or person, or consignee refuses or neglects to give such a declaration or refuses to open the package containing the goods in order that their description may be ascertained, the Director may –
(a)
in respect of goods which have been brought for the purpose of being transported, refuse to carry the goods unless a rate is paid in respect thereof not exceeding the highest rate which may be in force at the time on the railway for any class of goods; or
(b)
in respect of goods which have been transported, charge a rate not exceeding such highest rate.
(3)
If a declaration delivered under subsection (1) is materially false with respect to the description of any goods to which it purports to relate, and which have been transported, the Director may charge, in respect of the transportation of the goods, a rate not exceeding double the highest rate which may be in force at the time on the railway for any class of goods.
(4)
If any difference arises between a railway official and the owner or person having charge, or the consignee, of any goods which have been delivered for transport, or have been transported, with respect to the description of goods the subject of a declaration under this section, the railway official may detain and examine the goods.
(5)
if it appears from the examination that the description of the goods is different from that stated in the declaration delivered under subsection (1), the person who delivered the declaration, if that person is not the owner of the goods, then that person and the owner jointly and severally, shall be liable to pay to the
Director the cost of the detention and examination of the goods, and the Director or
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any person authorised on his behalf shall be exonerated from all responsibility for any loss which may have been caused by the detention or examination thereof.
(6)
If it appears that the description of the goods is not different from that stated in the declaration delivered under subsection (1), the Director shall pay the cost of the detention and examination, and be responsible to the owner of the goods for any such loss as mentioned above.
(7)
Any person adversely affected by subsection (3) or (5) may, unless he has previously admitted his liability, within seven days of the making of a claim by or on behalf of the Director or any person authorised on his behalf under any of the preceding subsections, require, by written notice, the Director or any person authorised on his behalf to recover such claim by suit or action, and until the termination of such suit or action, the right of the Director or any person authorised on his behalf to recover such claim by sale and retention of the proceeds thereof in the manner prescribed under this section shall be suspended.
Power of entry