Railways Act 1905 · 2020 Revised Edition · Part 7 · Responsibility of Railway Administration as Carriers
40. Liability as to articles of special value
Feedback & supportWhen any articles mentioned in the Schedule are contained in any parcel or package delivered to a railway administration for carriage by railway, whether as passengers’ luggage or not, and the value of such articles in the parcel or package exceeds $100, the railway administration shall not be responsible beyond that sum for the loss, destruction or deterioration of the parcel or package unless the person sending or delivering the parcel or package to the railway administration caused its value and contents to be declared or declared them at the time of the delivery of the parcel or package for carriage by railway, and if so required by the railway administration paid or engaged to pay a percentage on the value so declared by way of compensation for increased risk.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;
When any parcel or package of which the value has been declared under subsection (1) has been lost or destroyed or has deteriorated, the compensation recoverable in respect of such loss, destruction or deterioration shall not exceed the value so declared, and the burden of proving the value so declared to have been the true value shall, notwithstanding anything in the declaration, lie on the person claiming the compensation.
A railway administration may make it a condition of carrying a parcel declared to contain any article mentioned in the Schedule that the railway employee authorised in this behalf has been satisfied by examination or otherwise that the parcel actually contains the article declared to be therein.
railway employee
“railway employee” includes the manager, the assistant managers, and all such officers, employees, agents and other persons as are employed to do any act upon a railway;
This section shall not apply to any parcel carried by the railway for any postal authority.
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;