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RAILWAYS ORDINANCE
(Cap. 116)

LIST OF AMENDMENTS

Enactment No.

Sections amended

Effective

date

of

amendment

G.N.S 87/1965

4, 21, 22 (1), 38, 40

16-9-1963

(1), (3)

Act 160

7, 8, 9, 10, 11, 12, 16

29-8-1975

(1), 17, 18, 19, 20, 22

(2), (3), 23, 24, 25, 26,
27, 28, 29, 39

To provide for the constitution and control of railways.

[1 August 1914.]

Short title.
1.

This Ordinance may be cited as the Railways Ordinance.

General Manager, clerks and other officers.

2.

To execute the duties and powers hereinafter mentioned a fit and proper person shall

be appointed and shall be called the General Manager, and shall be assisted in the execution
of such duties and powers by the appointment of such principal officers, clerks and other
servants as may be deemed necessary.

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Interpretation.
3.

For the purposes of this Ordinance

railway shall include all railways already constructed or in course of construction or to
be hereafter constructed by or on behalf of the Government;
railway official shall include the General Manager and all such officers, servants,
agents and other persons as shall from time to time be employed to do any act upon
the railway.

Rules.
4.

The Yang di-Pertua Negeri may make rules regulating the classification of goods, the

goods that are to be charged for at special rates, the charges to be made for the conveyance
of passengers and goods by the railway, and all other matters not especially provided for by
this Ordinance and necessary to provide, in every respect, for the management and due and
profitable working of the railway.

Fare and freight to be accepted conditionally.

5.

The fare or freight paid for conveyance of passengers or goods respectively shall be

deemed to be accepted only upon condition that there be room in the train for such purpose
and in the event of such room being insufficient for the due conveyance of all passengers or
goods whose fares and freight shall have been so paid preference shall be given to ticketholders of goods booked for the furthest destination and in other cases according to the order
of obtaining tickets or booking:
Provided that all officers and troops on duty, and all other persons travelling on the
business of Government, shall be entitled to be conveyed on the railway in preference or in
priority to the public, without reference to the distance for which or the order in which, such
public shall have received their tickets.

Throughout the Ordinance, Yang di-Pertua Negeri substituted for Yang di-Pertua Negara by virtue of Enactment
No. 17 of 1976.

See Railway (Tariff Book) Rules 1979 G.N.S. 31/79.

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Fares to be prepaid.
6.

(1)

No person shall enter any railway carriage for the purpose of travelling therein

without having first paid his fare and obtained a ticket.

(2)

Every person desirous of travelling on the railway shall, upon payment of his

fare, be furnished with a ticket specifying the class of carriage for and the station from and to
which the fare has been paid, and shall, when required so to do, show such ticket to any
railway official duly authorised to examine the same, and shall deliver up such ticket upon
demand to any railway official duly authorised to collect the same.
Passenger tickets to be given up on demand.
(3)

Any person failing to produce or deliver up his ticket as aforesaid shall in

addition to the fare payable for the journey he shall have accomplished at the time of such
demand being made be liable to pay fine equal to 10 per cent of the sum so payable or failing
to satisfy such official as to the point at which such journey was commenced shall be deemed
to have joined the train at the first departure station thereof and in addition to the fare
chargeable therefrom shall be liable to pay a fine equal to 10 per cent of such fare.
(4)

Any passenger joining the train at a station where tickets are sold, and failing to

procure or failing to satisfy the railway authorities that he has taken reasonable steps to
procure his ticket thereat shall pay a fine of five sen in excess of the fare due, provided he
shall immediately have informed such official of the failure to procure such ticket.
(5)

A passenger holding a ticket and continuing his journey beyond the station

marked thereon shall pay a fine of 10 per cent in excess of the fare for the further distance so
travelled, unless he shall have advised the guard beforehand of his intention so to continue
his journey, provided that such minimum fare recoverable be 5 sen.

Penalty for fraud.

7.

Any person
(a)

defrauding or attempting to defraud the Government

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(i)

by travelling or attempting to travel upon the railway without having

previously paid his fare; or

(ii)

by riding in or upon a carriage of a higher class than that for which he

shall have paid his fare; or

(ii)

by tendering a ticket out of date; or

(iv)

by continuing his journey in or upon any of the carriage beyond the station
for which he shall have paid his fare; or

(b)

knowingly and wilfully refusing or neglecting on arriving at the station to which

he shall have paid his fare to quit such carriage and the railway premises; or

(c)

in any manner whatsoever attempting to evade the payment of his fare; or

(d)

transferring or profiting by the transfer of the return half of any ticket obtained by
him.

shall be liable to a fine of twenty ringgit for each offence.

Fine for entering carriage in motion or riding on the steps.

8.

Any passenger
(a)

getting into or upon, or attempting to get into or upon, or quitting or attempting to

quit any carriage upon the railway while such carriage is in motion; or

(b)

riding or attempting to ride upon the railway on the steps or any other part of a
carriage, except on those parts which are intended for the accommodation of
passengers,

shall be liable to fine of ten ringgit for each offence.

Fine for riding on engine, tender or luggage van.

9.

Any person other than the engineman and fireman and assistant fireman, if any, not

being specially authorised so to do by the General Manager or the Locomotive

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Superintendent or executive officer in charge of the line, riding or attempting to ride upon any
locomotive engine or tender upon the railway, and any person other than the guard or
brakesman, not being specially authorised so to do by the General Manager or the Traffic
Superintendent or the guard or brakesman, riding or attempting to ride upon the railway in or
upon any luggage-van or goods-wagon, or other vehicle not appropriated to the carrying of
passengers, shall be liable to a fine of twenty ringgit for each offence.

Smoking and chewing of betel, etc., prohibited.

10.

Any person smoking or chewing, as the case may be, betel, bhang, tobacco, opium or

other like substance, either on the premises, or in or upon any of the carriage belonging to
the railway, other than those in which such smoking or chewing is not prohibited, shall be
liable to a fine of ten ringgit for each offence; and any person persisting in infringing this
regulation after being warned to desist from so doing by any railway official or passenger,
may, in addition to such liability, be removed by such official from any such carriage and from
the premises appertaining to the railway, and shall forfeit his fare.

Penalty for intoxication or nuisance.

11.

Any person being in a state of intoxication, or insufficiently or indecently clad, or

committing any nuisance or act of indecency in any railway carriage, or upon any part of the
premises appertaining to the railway, or wilfully and without lawful excuse interfering with the
comfort of any passenger on the railway, shall be liable to a fine of twenty ringgit, and to
imprisonment for three months; and in addition to such penalty the offender may be removed
by any railway official from any such carriage and premises, and shall forfeit his fare.

Penalty for entering private room of carriage.

12.

Any male person without lawful excuse entering any railway-carriage or portion thereof

or any private room or apartment specially reserved and provided for the exclusive use of
females knowing the same to be so exclusively appropriated or remaining therein after
having been informed of such exclusive appropriation or entering any carriage or
compartment specially reserved for the private use of any person or persons or remaining
therein after being requested to depart therefrom or any passenger of a lower class
knowingly and wilfully refusing or neglecting to leave any room or place set apart for

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passengers of a higher class, shall be liable to a fine of fifty ringgit, and may be removed
therefrom and from the premises appertaining to the railway by any railway official, and shall
forfeit his fare.

Liability for goods lost, destroyed or injured.

13.

The Government shall in no case be liable for

(a)

the loss articles or goods, or for any damage or injury thereto whether occurring
on the railway, or on property or premises under the control of the railway
administration, such loss or damage being due to an act of God or to civil
commotion;

(b)

loss of or damage to passengers free luggage, the same not having been
registered, nor for loss or damage to any articles or goods whilst in the custody
of the railway authorities, whether at the station of despatch or during transport
or whilst at the station of receipt, nor for damage caused thereto by fire, unless
the said articles or goods shall have been booked and such loss or damage
shall have been caused by the negligence or misconduct of railway officials;

(c)

the loss, damage or injury of or to articles or goods put into returned wrappers,
boxes, packages, and the like, and falsely described as empties, nor for any
articles or goods left until called for, or to order, or warehoused for the
convenience of the parties to whom they belong or by or to whom they are
consigned; nor for any goods remaining on the railway premises beyond 48
hours after arrival at the station of destination;

(d)

the loss, damage, or injury to any articles insufficiently or improperly packed,

marked, directed or described or containing a variety of articles liable to damage
each other or the contents of other packages nor for leakage arising from bad or
imperfect casks or cooperage, or from bad or imperfect vessels containing
liquids, or from fermentation;

(e)

loss, damage or injury to any articles or goods whatsoever caused by reason of

accidental or unavoidable delay in transit;

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(f)

damage by fire to neighbouring property or buildings privately owned such fire

having originated on the line of railway, unless such damage shall be proved to
have been directly caused by the sparks from the engines or by the negligence
of persons employed by the railway authorities and provided that the roofs and
sides of such buildings shall not have been constructed of materials of a more
inflammable nature than metal and wood respectively.

Remedy for non-payment of the carriage of goods or fares.

14.

(1)

If any person shall fail to pay on demand any sum due for the conveyance of

any goods, it shall be lawful for the General Manager to detain all or any part of such goods,
or, if the same shall have been removed from the premises appertaining to the railway, any
other goods of such person which shall then be upon such premises or shall thereafter come
into the possession of the railway authorities, and after reasonable notice to such person to
sell by public auction a sufficient quantity of such goods to realise the sum payable as
aforesaid, and all charges and expenses of such detention and sale; and out of the proceeds
of the sale to retain the sum so payable, together with the charges and expenses aforesaid,
rendering the surplus, if any, of the money arising by such sale and such of the goods as
shall remain unsold, to the person entitled thereto; or the General Manager may recover any
sum by action at law.
(2)

The goods of passengers may be detained and sold, and the proceeds disposed

of as above provided for non-payment of the fares due by the owners thereof.

Written account of goods to be given on demand.

15.

(1)

The owner or person having the care of any goods other than passengers

luggage, which shall have been carried upon the railway, or shall be brought to the premises
appertaining to the railway for the purpose of being carried on the railway, shall, on demand
by any railway official, deliver to such official an exact account in writing, signed by him, of
the number, quantity and description of such goods.

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Penalty for giving false account.

(2)

Any such owner or person wilfully giving a false account of such goods with

intent to avoid full payment of the railway tariff chargeable thereon shall be liable to pay
double the amount of such tariff.

Carriage of goods of a dangerous nature.

16.

(1)

No person shall carry upon the railway or be entitled or require any railway

official to carry upon the railway any article which, in the judgment of any railway official, shall
be of a dangerous nature, or so bulky that it would be unsafe for the railway to convey the
same; and any person carrying upon the railway any dangerous article, or delivering for
carriage any such article without distinctly declaring the nature of the same, shall be liable to
a fine not exceeding one hundred ringgit for every such offence, and it shall be lawful for any
railway official to refuse to carry any luggage, or package that may be suspected to contain
articles of a dangerous nature, and to require the same to be opened; and in case any such
luggage or package shall have been received by any railway official for the purposes of being
carried on the railway it shall be lawful for any such official to stop the transit thereof until he
shall be satisfied as to the nature of the contents of each luggage or package.
(2)

For any bulky or voluminous article, package or the like, being of a weight

disproportionate to the cubic space occupied thereby, a freight charge may be made in
excess of the actual weight thereof, such increased weight being calculated upon such basis
as may be declared by rule hereunder.

Persons suffering from small-pox, etc., not allowed to travel.

17.

Any person wilfully travelling by the railway whilst knowingly suffering from small-pox or

other contagious disease shall be guilty of an offence and liable to a fine of two hundred and
fifty ringgit and as soon as possible any such person may be removed or caused to be
removed from any railway carriage and from the railway premises by any railway official, and
such person shall in addition to such fine be liable to defray the cost of disinfecting any such
carriage or portion thereof.

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Penalty for removing stakes or pegs, or defacing marks.

18.

Any person removing any stakes or pegs, or other marks placed by any railway official

or by any surveyor or his servants or agents along the line of any railway, or contiguous
thereto, for the purposes of setting out, tracing, or showing the line or gradients or distances,
shall be liable to a fine of fifty ringgit.

Penalty for trespass.

19.

Any person trespassing upon the railway or upon any of the lands, stations or other

premises appertaining thereto, shall be liable to a fine of ten ringgit; and any such person
refusing to leave the railway or premises on being requested so to do by any railway official
shall be liable to a fine of twenty ringgit, and may be immediately removed therefrom.

Penalty for driving an animal upon or across the railway.

20.

Any person wilfully riding, leading or driving upon or across the railway any animal,

except in directly crossing the railway at any road or place appointed for the purpose at a
time at which he may lawfully do so, shall be liable to a fine of twenty ringgit for each offence.

Precautions if railway crosses road.

21.

The Yang di-Pertua Negeri may declare any road or path crossed by the railway on

the level to be a public road or path and direct the General Manager to construct and
maintain such fencing and gates and to provide such proper persons to open and close and
attend to such gates in such manner and under such regulations as the Yang di-Pertua
Negeri may approve.

Occupation crossings.
22.

(1)

The Yang di-Pertua Negeri may declare any road or path crossed by the

railway to be an occupation crossing and such crossings shall be regulated in the manner
following, that is to say

Powers delegated to the Minister for communications and Works see G.N.S. 175/63.
Powers delegated to the Minister for communications and Works see G.N.S. 175/63.

Powers delegated to the Minister for communications and Works see G.N.S. 175/63.

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(a)

the gates of the same shall be kept locked by means of padlocks, the
keys whereof shall be in the charge of a railway official, and such gates
shall not close across the railway;

(b)

any person desiring to use the same shall give notice to the Station
Master of the station nearest thereto of his intention so to do;

(c)

the General Manager shall declare the hours suitable for the opening
thereof and the gates shall, except in the case provided for the subsection
(3), be opened only at the times so declared;

(d)

horses and cattle passing thereover shall be led by a suitable and

properly secured halter.

(2)

Any person using or attempting to use an occupation crossing without such

notice as aforesaid, or at hours other than those declared as aforesaid, and any person
causing horses or cattle to cross without such halter as aforesaid, and the owner of any
horse or cattle so crossing, shall be guilty, of an offence, and be liable to a fine of twenty
ringgit or to imprisonment for three months.
Penalty for opening or not properly shutting gates.
(3)

Any person for whose use or accommodation any gates shall have been set up

on either side of the railway, or any person, opening such gates or passing or attempting to
pass or taking or attempting to take any vehicle or animal or thing across the railway at any
time when any engine or train approaching along the same shall be in sight; or at any time
omitting to shut and fasten such gates as soon as he or any vehicle or animal or thing under
his charge shall have passed through the same shall be liable to a fine of fifty ringgit.

Liability of owner of animal trespassing.

23.

(1)

The owner of any animal found trespassing or straying upon the railway, or upon

any lands appertaining to the railway, shall be liable to a fine of five ringgit for each animal so
found; and it shall be lawful for any railway official to take or drive every such animal to the
nearest police station, there to be detained until the amount of fine incurred by such trespass,

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and the expense of feeding and keeping such animal, be paid, or until a Magistrate shall
otherwise order.
(2)

Any railway official may shoot any such animal on the same proving to be

unmanageable notwithstanding and in addition to such liability of the owner thereof as

aforesaid.
(3)

A Magistrate may, upon proof of such trespass and after reasonable notice,

cause such animal to be sold by public auction, and the proceeds of the sale, after deducting
therefrom such fine as the Magistrate shall award, and such further sum as the Magistrate
shall order to be paid for the expenses of detaining, feeding and selling such animal, shall be
returned to the owner of the animal on demand.

Penalty for injuring carriage, etc..

24.

Any person unlawfully and wilfully removing or defacing any numberplate or removing

or extinguishing any lamp on any carriage or signal post belonging to the railway, or wilfully
imitating any railway signal; or wilfully or negligently damaging or injuring any carriage,
engine, waggon, truck, station, warehouse, bridge, building, machine, rail-points, fence or
any other matter or thing belonging to the railway, shall be liable to a fine of two hundred
ringgit or to imprisonment for one year.

Obstructing engine or carriage or endangering safety ofr passengers.

25.

Any person wilfully and maliciously placing, casting or throwing upon or across the

railway any wood, stone, matter or thing belonging to the railway, or turning, moving or
diverting any point or other machinery belonging to the railway, or making, showing, hiding or
removing any signal or light upon or near the railway, or doing or causing to be done any act
with intent, in any of the cases aforesaid, to upset, to obstruct, overthrow, injure, or destroy
any engine, tender, carriage or tuck used upon the railway, or endangering the safety of any
person travelling or being upon the railway, or casting, or throwing, or causing to fall or strike
against, into or upon any engine, tender, carriage or truck used upon the railway any wood,
stone or other matter or thing, with intent to endanger the safety of any person being in or
upon such engine, tender, carriage or truck shall, on conviction, be liable to a fine of one
thousand ringgit, and to imprisonment for ten years.

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Penalty for wilful act or omission endangering a passenger.

26.

Whoever shall wilfully do any act, or shall wilfully omit to do what he is legally bound to

do, intending by such act or omission to cause, or knowing that he is thereby likely to cause,
danger to any person travelling or being upon the railway shall be liable to a fine of one
hundred ringgit and to imprisonment for seven years.

Penalty for drunkenness or breach of duty by railway official.

27.

Any railway official being in a state of intoxication whilst actually employed upon the

railway or any of the works connected therewith in the discharge of any duty and negligently
omitting to perform his duty or performing the same in an improper manner shall be liable to a
fine of twenty ringgit, and if the duty be such that the omission or negligent performance
thereof would be likely to endanger the safety of any person travelling or being upon the
railway, shall, on conviction, be liable to imprisonment for one year, and to a fine of one
hundred ringgit.

Penalty for an act if not wilful.

28.

Any person rashly or negligently and without lawful excuse doing any act likely to

endanger his own safety, or that of any person travelling or being upon the railway shall, on
conviction, be liable to imprisonment for six months, and to a fine of fifty ringgit.

Breach of rules.
29.

Any person wilfully doing any act which is forbidden or neglecting to do any act

required by the provisions of any rules framed under this Ordinance shall be liable on
conviction to a fine of twenty-five ringgit.

Apprehension of offenders.
30.

Any person guilty of any offence under this Ordinance may be lawfully apprehended

without any warrant or written authority by any railway official, or by any other person called
to the aid of such official, or by any police officer, and any person so apprehended shall with
all convenient despatch be conveyed before a Magistrate to be dealt with according to law.

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Legal obligation of railway official.

31.

Every railway official shall be legally bound to do everything necessary for, or

conducive to, the safety of the public and shall refrain from doing every act likely to cause
danger.

Punishment of children.
32.

Notwithstanding anything to the contrary in the Criminal Procedure Code [Act 593.] it

shall be competent to any Magistrate before whom any person under the age of sixteen
years shall be convicted of any offence to order the moderate chastisement of such person
by whipping not exceeding twelve strokes with a light rattan, in lieu of any punishment
prescribed by this Ordinance, and such chastisement shall be inflicted immediately on
conviction if the Magistrate shall so direct.

Recovery of fines and penalties, and alternative punishment.

33.

All fines and penalties inflicted under the provisions of this Ordinance may, in default of

payment otherwise made, be recovered by distress and sale of the property of the offender,
provided that such distress and sale be authorised by warrant under the hand of the
Magistrate by whom such fine or penalty is inflicted, and in default of payment of such fine or
penalty or of the recovery of the same by distress the offender shall be liable in the
alternative to imprisonment for a term proportionate to the amount of such fine or penalty.

Liability of offenders to pay costs of conviction.

34.

The Magistrate may order any offender convicted under this Ordinance to pay the

costs of such conviction in addition to any penalty or expenses to which he may be liable and
such costs may be assessed by the Magistrate, and levied and recovered in the same
manner as any fine thereunder.

Recovery of money due, damages and expenses.

35.

Any money, damages or expenses payable under the provisions of this Ordinance may

be levied and recovered in the same manner as any fines under this Ordinance.

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Limitation of time for commencement of actions.

36.

No suit shall be instituted against any person for anything done, or intended to be done

or omitted to be done, under this Ordinance after expiration of three months from the
occurrence of the matter complained of.

Enforcing payment of fare by passenger not producing ticket.

37.

The payment of any fare due by reason of any passenger not producing or delivering

up his ticket may be enforced in the same manner as any fine imposed under this Ordinance.

Copy and translation of Ordinance to be shown at railway stations.

38.

A copy of this Ordinance and rules, Time Tables and Tariffs duly made and published

shall be kept at each station at the disposal of the public and shall be exhibited thereat in
English and such other language as shall be required by order of the Yang di-Pertua Negeri
in a convenient place for the reference, so that they may be easily seen and read and
knowledge of the contents thereof shall be presumed as against any person using the railway
upon proof that such copy was so exhibited.

Penalty for removing documents or notices.

39.

Any person removing or defacing or in any other way injuring any document exhibited

by the railway authorities as required by the preceding section hereof, or any notice or
document posted by them at any station or anywhere upon the railway, shall be liable to a
fine of twenty ringgit, or to imprisonment for three month.

Provision as to punishment of railway officials.

40.

(1)

The General Manager may, on sufficient cause shown and subject to the proviso

hereinafter contained, summarily dismiss for misconduct any railway official not under
agreement, or may suspend any such official from the performance of his duties:
Provided that every railway official so dismissed or suspended shall have the right of
appeal to the Yang di-Pertua Negeri; and, should such suspension or dismissal be confirmed
by the Yang di-Pertua Negeri, such official if suspended shall thereupon be dismissed from

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the service of the Government, or if already dismissed by the General Manager shall be
deemed to be finally dismissed without further appeal.
(2)

The General Manager may make such by-laws as he shall think fit for the

purpose of regulating the conduct of the officers and servants employed on the railway and a
copy thereof shall be given to every officer and servant affected thereby.
(3)

The General Manager may, by such by-laws, impose such reasonable penalties

upon all persons, being officers and servants employed on the railway, offending against
such by-laws, as the said General Manager may think fit, not exceeding in any one month
seven days of any such officer or servant:
Provided that any officer or servant employed on the railway, who may feel aggrieved by
any such penalty as aforesaid may appeal to the Yang di-Pertua Negeri, whose decision
shall be final.
(4)

The imposition of fines under subsection (3) upon any officer or servant

employed on the railway shall (subject to the appeal thereinafter provided for) be wholly
within the discretion of the General Manager and should it appear to the General Manager
that the offence or misconduct in respect of which any such fine shall have been incurred
would be better dealt with such fine shall have been incurred would be better dealt with by a
criminal prosecution it may be instituted in lieu of the imposition of any such fine.

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