Railways Act 1905 · 2020 Revised Edition · Part 9 · Management
61. Punishment to be imposed by manager
Feedback & supportThe manager of a railway administered by the Government or by the government of Malaysia may, at his discretion and subject to subsection (2), summarily dismiss on the ground of misconduct, continued neglect of duty, incompetence or inefficiency any railway official not under written agreement and in receipt of a salary of less than $400 per month, or may suspend any such official from the performance of his duties or may reduce such official to a lower grade.
manager
“manager” means the person appointed by the Government or by the government of Malaysia, or by a railway company, as the case may be, to act as general manager or manager of a railway;
Any official so dismissed, suspended or reduced shall have the right of appeal to the Minister or the appropriate Minister of Malaysia, as the case may be.
If such suspension, dismissal or reduction is confirmed by the Minister or the appropriate Minister of Malaysia, as the case may be, the official, if suspended, shall thereupon be dismissed from the service of the Government, or, if already dismissed by the manager, shall be deemed to be finally dismissed without further appeal.
The manager may make such by‑laws as he thinks fit for the purpose of regulating the conduct of the officials employed on the railway, and a copy thereof shall be given to every official affected thereby.
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;
The manager may by such by‑laws impose such reasonable penalties upon all persons, being officials employed on the railway, offending against those by‑laws as he thinks fit, not exceeding in any one month 7 days’ pay of any such official.
Any such official who feels aggrieved by any such penalty may appeal to the Minister or the appropriate Minister of Malaysia, as the case may be, whose decision shall be final.
The imposition of fines under subsection (5) upon any official employed on the railway shall, subject to subsection (6), be wholly within the discretion of the manager; and in the event of his considering that any offence or misconduct in respect of which the fine has been incurred would be better dealt with by a criminal prosecution, he may institute such prosecution in lieu of the imposition of such fine.