(d) Railway company means companies incorporated under the Myanmar Companies Act or the Special Company Act, 1950 to carry out railway transport service. Myanma Railways is not included in this expression;

(e) Railway organization means any railway company which has obtained a license to carry out railway transport service and Myanma Railways;

The company which wishes to carry out the railway transport service shall:

(a) have registration certificate as a railway company under the Myanmar Companies Act or the Special Company Act, 1950 and have valid registration certificate;

(b) not be a company having been declared insolvent by the respective court;

(c) have obtained the confirmation certificate for the railway service project of the Central Supervisory Board;

(d) meet with terms and conditions and other requirements prescribed by the rules issued under this Law.

In applying a service license to the Central Supervisory Board, any company which wishes to carry out the railway transport service:

(a) shall prepare the project in accordance with the stipulations by stating the following facts, and submit it in advance to the Central Supervisory Board to obtain permission:

(i) proposed type of the railway and running system;

(ii) general route and destination in the proposed running system;

(iii) safety of the proposed running system;

(iv) proposed fares and freight charges;

(v) other requirements prescribed by the rules issued under this Law;

(b) shall submit the relevant particulars of the land to be acquired in accordance with the existing laws and procedures relating to the land acquisition if the land acquisition is required for the railway in the project submitted under sub-section (a).

(b) shall assign duty to the company which submitted the project to negotiate with land owner to acquire the land for the railway if the private land is required to use for the railway in the proposed railway transport service project;

(c) shall coordinate with the relevant Union Ministries to acquire the required land for the railway in accordance with the existing laws and procedures with the approval of the Union Government when the land owner refuses the use of land although negotiation was conducted by the company assigned under sub-section (b). When so acquired, the company which submitted the railway transport service project shall compensate the land owner for the land.

(a) The licensee shall apply for renewal of the license within 60 days before expiry of the term of license to the Central Supervisory Board in accordance with the stipulations if he wishes to continue the service.

The licensee shall:

(a) abide by the prescribed terms and conditions;

(b) not transfer the service license;

(c) abide by this Law and the rules issued under this Law.

The Myanma Railways may submit any Build-Operate-Transfer (BOT), Build-Own-Operate-Transfer (BOOT), Build-Own-Operate (BOO), Build-Lease-Transfer (BLT), Design-Build-Finance-Operate (DBFO), Design-Construct-Manage-Finance (DCMF) or other joint operation project to the Central Supervisory Board in accordance with the stipulations to carry out a transport service in the form of joint venture with local or foreign investors or railway companies in order to facilitate public transport and support State economy.

The railway organization shall appoint inspectors or examiners for the safety and convenience of railway transport service. It  shall  form the inspection  team  comprising such  inspectors  or  examiners,  confer  powers  and   assign duties to such teams, and  may direct them  to  submit inspection reports.

The inspection team forming with inspectors or examiners appointed under section 26 shall perform the following duties, and exercise the following powers in connection with railway transport service:

(a) inspection of and examining the railway properties including   trains, railway boundaries, rolling stock and instruction to submit the  necessary documents when it is necessary;

(b) inspection of railways or  rolling stock within the specified period whether they are in conformity with  the standards;

(c) inspection of  the  accidents  occurred  on  the  railway urgently and submission of the report in accordance with the stipulations;

(d) surprise check of trains, railways, rolling stock and railway transport service, and submission of the report;

(e) performing other duties and exercising powers prescribed by the   rules issued under this Law.

The railway organization may carry out the following works with the approval of the Central Supervisory Board in respect of construction, maintenance of railways and infrastructure in connection with the railway transport service for the interests of the public:

(a) construction of temporary or permanent inclines, arches, tunnels, culverts, embankments, aqueducts, viaducts, bridges, railways, paths, conduits, drains, piers, cuttings and fences under or over any land or water;

(b) diverting the course of rivers, streams, brooks or springs, for the purpose of constructing and maintaining tunnels, bridges, paths or other  works, and diverting the course of any rivers, streams, brooks or springs to flow easily over, under or by the sides of the railway and raising or lowing the level of ground of different types of roads if the railway organization thinks necessary;

(c) constructing drains or piping into, under or through any lands adjoining the railway for the purpose of conveying water from or to the railway;

(d) constructing warehouses, offices, houses and other buildings, yards, stations, factories, wharves, trains, rolling stock, installing machinery and carrying out other works that the railway organization thinks necessary;

(e) generating electricity for the railway transport service in accordance with the existing laws;

(f) altering position of gas, water and pressure pipelines, electric cables, communication cables, and position of drains which are not main drains.

The railway organization shall:

(a) send a notice to the land user or occupant for objection to any work, if any, by stating purpose and reason before carrying out the works mentioned in section 28;

(b) state the nature and volume of work exactly in the notice sent under sub-section (a) as much as possible;

(c) give a copy of notice sent under sub-section (a) to the Central Supervisory Board.

(a) The government department, government organization, regional organization, railway company or individual has the right to assign a representative to object, to negotiate for or to supervise and cooperate in carrying out the work on the receipt of the notice sent by the railway organization under section 29.

(b) The railway organization shall carry out the work by taking into consideration of the submission of the representative assigned under sub-section (a), and arrange to supply gas, water, pressure pipelines, electricity and communication systems continuously while carrying out the work and to maintain drains.

In using cables or wireless and communication apparatuses in respect of railway transport service, the railway organization:

(a) shall use wireless systems and radio communication apparatuses in accordance with the existing laws;

(b) may lay new cables and maintain existing cables by its own arrangement in laying communication cables such as copper wires, zinc coated iron wires and fiber cables on or underground within the railway boundary for the interests of railway transport service.

The railway organization:

(a) may enter upon any land adjoining the railway boundary to prevent accidents and repair the damage with the approval of the Central Supervisory Board in case of landslide and other accidents, and in recognition of potential accidents in cuttings, embankments and other works under its supervision;

(b) shall have the right to enter upon the land and repair the damage without prior approval of the Central Supervisory Board if the damage contained in sub-section (a) requires emergency repair. Such action shall be reported to the Central Supervisory Board within 24 hours to obtain the approval, by mentioning the occurrence or the nature of potential accident and works to be carried out.

In carrying out the works in section 32, the railway organization:

(a) shall do as little damage as possible;

(b) shall ensure that there is minimum impact on and the least inconvenience to the people residing on the land through which railway passes during or after filling soil and measuring embankment bank for the construction of railway;

(c) shall pay compensation for damage to the aggrieved person, if any;

(d) if any dispute arises in respect of the amount of compensation, the aggrieved person shall apply for the award of compensation to the Central Supervisory Board.

The railway organization shall carry out as follows in respect of causing danger or inconvenience to the land users and occupants due to alteration of land and watercourses caused by the construction of the railway and receiving the compensation by the land users and occupants:

(a) construction and maintenance of flyovers, bridges, arches, culverts, and paths over, under or by sides of the railway to reduce and remove inconvenience caused by construction of the railway;

(b) construction and maintenance of arches, tunnels, culverts, cannels, drains and other ways over, under or by the sides of railway where necessary in order to flow water as the most similar condition before construction of the railway;

(c) in carrying out the works in sub-sections (a) and (b), if such works hinders or obstructs the running of train or the land users and occupants have accepted compensation, the railway organization shall not be responsible to do it.

The relevant railway organization shall carry out the following within the period prescribed by the Central Supervisory Board:

(a) making and repairing boundary marks or fences along the railway or portion of a railway or at connected roads;

(b) fixing and renewing suitable bridges, chains, rotating gates, bars or hand rails and appointing the permanent staff to open and close these apparatuses if the railway is constructed across the public road.

If the users or occupants of the land through which the railway passes or the local administrative authority presumes that the work carried out by the railway organization is insufficient, or if other Ministry or local administrative authority desires to construct public road or other works across, over or under the railway, they may request to do it to the railway organization within six years from the completion of the railway construction.

The expense for the work among the claims under section 39 agreed by the railway organization shall be borne by the requesting person or the railway organization, and if the negotiation fails, it shall be carried out in accordance with the administrative decision of the Ministry.

The railway organizations shall:

(a) request permission from the Central Supervisory Board for the date at least one month in advance to open a new railway if the requirement of public  transport of passengers and goods are fulfilled, and they desire to open a new railway;

(b) request permission immediately from the Central Supervisory Board with sufficient evidence for closure of the railway which was opened by the permission of the Central Supervisory Board, from the date on which the railway is likely to endanger the public and goods;

(c) suspend running of the train temporarily, and shall have urgent repair of the railway if the train cannot run due to non-operable conditions of accidents, weather conditions and natural disasters. Then it shall report such suspension to the Central Supervisory Board immediately and request permission for temporary closure and also for the re-opening of the railway with supporting documents;

(d) request permission from the Central Supervisory Board in advance for extension of the railway, alteration of railway routes, changing timetables, schedules, or operation system using different types of rolling stock.

The railway organization shall abide by the terms and conditions in the permit prescribed by the Central Supervisory Board under sub-section (b) of section 43 when re-using the railway and re-running of the train by rolling stock.

The railway organizations shall:

(a) coordinate with each other for receiving and transporting passengers and goods;

(b) not act anything which meant giving any undue or unreasonable preference or in favour of or disadvantage to any person or railway organization or kind of goods;

(c) transport conveniently without delay in accordance with sub-sections (a) and (b) if the railway tracks of railway organizations are connected or the terminal of a railway organization is two kilometer from the station of the other railway organization;

(d) collaborate with each other to receive, transport and deliver goods smoothly when the goods of a railway organization needs to be transported by the other railway organization with the same through rate and tariff;

(e) comply with the decision of the Central Supervisory Board if the negotiation between the railway organizations is failed.

The railway organization may collect the storage service charges stipulated by the Central Supervisory Board, based on the transport charges of the goods but not based on the actual cost for the construction of the buildings for storage.

The railway servants in a railway organization may be divided into four categories as follows according to the nature of their work:

(a) staff who serve within the office hour;

(b) factory and workshop staff;

(c) staff who serve according to the schedule of the train itinerary;

(d) staff who serve according to the nature of the work.

(a) The staff in sub-section (b) of section 47 shall be in accordance with the Factories Act and its rules, and orders and directives issued by the Ministry of Labour, Employment and Social Welfare.

(b) With regard to the staff in sub-section (c) of section 47:

(i) working hours shall not exceed 60 hours per week in any month;

(ii) leisure time shall not be less than twenty-four hours consecutively in every week.

The working hours and leisure time for the staff, who are specified by the authority that they are not working continuously because there is no physical and mental effort during their duties although they work for a long period, are as follows:

(a) total working hours shall not exceed 84 hours per week;

(b) the consecutive leisure time within a week may be specified by the Central Supervisory Board.

The railway organizations shall carry out the following in accordance with the rules, regulations, notifications, orders, directives and procedures issued under this Law:

(a) specifying necessary terms and conditions with regard to the matters relating to receipt, storage and transport of goods, matters relating to transport of passengers and transportation of dangerous goods, specification of speed limit and personnel affairs of staff;

(b) specifying procedures to take administrative action and criminal action under this Law.

The railway organizations shall submit the capital, income and performance report to the Central Supervisory Board in accordance with the stipulations.

The railway organizations may collect the railway freight charge, warehouse fee, service charge, demurrage for goods and carriage, and the other cost in accordance with the stipulations.

The railway organizations:

(a) shall transport the passengers by the carriages endowed with good quality and service compatible with the standard of the train which will run for transport;

(b) shall set and announce train timetables, ticket fares and notice-boards for the passengers at the stations;

(c) shall provide clean public toilets commensurate with the number of passengers at the station;

(d) may grant special permission to a railway servant to arrange separate place for the person with infectious disease in a special carriage;

(e) shall insure the passengers against injury and death during the journey in accordance with the existing laws;

(f) shall perform other duties relating to the transport of passengers prescribed by the rules issued by this Law or assigned by the Central Supervisory Board.

No person shall:

(a) carry out the railway transport service or rest camp service without the service license issued by the Central Supervisory Board;

(b) open a railway without the permission of the Central Supervisory Board although he has the service license;

(c) re-open the railway which is closed due to any reason, without the permission of the Central Supervisory Board.

No railway servant or person with responsibility from the railway organization shall:

(a) be in a state of intoxication or disturb or act carelessly or negligently to endanger the safety of or annoy any passenger during duty hours;

(b) load a wagon with goods more than specified weight;

(c) fail to close the gate at a level crossing before a train passes by and to open after a train passed over, in accordance with the stipulations;

(d) fail to report immediately to the relevant department, organization or person under section 70 relating to the railway accident;

(e) transport offensive goods on a train;

(f) fail to post advertisements, train fares, notice, to set up notice boards and to place documents on trains and at stations for public relating to the railway transport service;

(g) fail to report to the Central Supervisory Board at least once for every six months relating to railway transport service;

(h) submit the report on railway transport service incorrectly.

Any railway servant or person with responsibility from the railway organization:

(a) violates any prohibition contained in sub-sections (a) to (g) of section 82, on conviction, shall be punished with fine to a maximum of one hundred thousand kyats;

(b) violates the prohibition of sub-section (h) of section 82, on conviction, shall be punished with imprisonment for a term not exceeding one year or with a fine from a minimum of one hundred thousand kyats to a maximum of one million kyats, or with both.

The specification of the railway boundary throughout the railway network is:

(a) a minimum of 75 feet from the left and right of the bottom of embankment if the railway is constructed on an embankment;

(b) a minimum of 75 feet from each side of the top of the land if the railway is constructed on excavated land;

(c) a minimum of 50 feet from the left and right extremity of the rails for the specific railways.

The offences contained in this Law are designated as cognizable offences.