MALAYSIA CIVIL DEFENCE ACT 1951

prevention of danger or threat of any disaster;

mitigation or reduction of risk of any disaster or its severity or consequences;

capacity building;

preparedness to deal with any disaster;

prompt response to any threatening disaster situation or disaster;

evacuation, rescue and relief; and

rehabilitation and reconstruction;

“employer” means any employer who is within the definition of “employer” in the Employment Act 1955 [Act 265], Labour

Ordinance [Sabah Cap. 67], Labour Ordinance [Sarawak Cap. 76]

or Industrial Relations Act 1967 [Act 177];

“Force” means the Malaysia Civil Defence Force established under section 2a;

“Minister” means the Minister charged with the responsibility for civil defence;

“regular member” means any person employed on a full-time service in the Force;

“volunteer member” means any person enrolled in the Force under section 4g.

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Establishment of Malaysia Civil Defence Force 2a. The Malaysia Civil Defence Force is established which shall consist of regular members, volunteer members and auxiliary members.

Functions of the Force 2b. The functions of the Force are to carry out civil defence duties as follows:

to carry out disaster management;

to perform humanitarian services;

to instruct the civilian population regarding civil defence and to equip them for the purposes of such defence;

to train the following persons for civil defence purposes:

civil defence forces;

to requisition, purchase and hire land, buildings, materials, property and goods required for civil defence purposes;

to provide advice to the Minister on matters relating to civil defence;

to identify hazards and risks that the Chief Commissioner considers are of national significance;

to train and equip the civilian population to cope and assist with any civil defence purposes;

to inform and advise the civilian population relating to civil defence;

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to rescue and to transfer endangered persons to areas of safety;

to set up emergency and first-aid posts and provide first-aid to casualties and to transfer the casualties to hospitals or areas of safety;

to assist relevant public authorities and other agencies to provide for the relief of distress and for welfare generally, including the accommodation of the homeless and the conserving and supplying of food, fuel, clothing, first-aid and medical supplies and other necessities;

to assist relevant public authorities to undertake measures for the disposal of the dead in the event of emergency;

to assist relevant public authorities to carry out clean-up works, clear streets, roads and other public places and remove and dispose of dangerous structures and materials;

to assist relevant public authorities to carry out repairs to essential utilities and government buildings in the event of emergency;

to control and coordinate lighting and the distribution of clean water and other essential supplies;

to provide, maintain, control and operate prescribed public warning devices;

to manage all shelters including air-raid shelters and temporary shelters in the event of emergency;

to provide and maintain emergency ambulance service;

to take lawful measures in order to protect life and property in case of fire by providing auxiliary fire service; and

to execute such other duties as may be imposed on it by this Act or any other written law.

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Overlapping of functions 2c. (1) Where there is any overlapping of functions relating to handling of disaster between the Force and any agency or authority, such overlapping of functions shall be resolved and dealt with administratively.

For the purpose of this section, “any agency or authority”

includes the police force and fire officer.

Minister may make rules for civil defence

Without prejudice to the generality or scope of the powers conferred by subsection (1) such rules may provide for—

(Deleted by Act A1513).

Appointment of Chief Commissioner, Deputy Chief Commissioner, etc.

The Yang di-Pertuan Agong may appoint such number of Deputy Chief Commissioners, Commissioners, Deputy

Commissioners, Assistant Commissioners, Colonel and civil defence officers from among regular members and volunteer members as he may consider necessary for the purposes of this Act.

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Functions of Chief Commissioner 4a. (1) The Chief Commissioner shall—

The Chief Commissioner may in writing, subject to such conditions, limitations or restrictions as he thinks fit to impose, delegate all or any of his functions under this Act to the Deputy

Chief Commissioner or to any other civil defence officer.

The delegation under subsection (2) shall not affect the performance of such functions by the Chief Commissioner at any time.

Chief Commissioner’s Standing Orders 4b. The Chief Commissioner may make and issue orders, to be known as the Chief Commissioner’s Standing Orders, consistent with this Act or any subsidiary legislation made under this Act for the carrying out of or giving full effect to the provisions of this Act.

Powers of member of the Force 4c. (1) In exercising any function under this Act, a member of the Force shall have the following powers:

Any person who does not comply with any order given under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Execution of duties and powers 4d. Every member of the Force shall perform such duties and exercise such powers as are by this Act imposed or conferred upon a member of the Force and shall obey all orders in respect of the execution of his office which he may from time to time receive from his superior officers in the Force.

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Service outside Malaysia 4e. The Minister may, if he thinks it expedient, order any member of the Force to serve outside Malaysia.

Attachment of member of the Force outside Malaysia 4f. The Minister may attach temporarily any member of the

Force to any foreign civil defence forces or any organization outside Malaysia.

Volunteer member of the Force 4g. (1) The Chief Commissioner may enrol persons to serve voluntarily as a member of the Force.

The enrolment under subsection (1) may be made in the prescribed manner.

The volunteer member of the Force shall not be entitled to any remuneration for such service, save for such allowances as may be prescribed by the Minister from time to time in relation to specific duties.

Auxiliary member of the Force 4h. (1) The Chief Commissioner may, with the concurrence of the Minister, appoint any person to serve as an auxiliary member of the Force and may prescribe the area in which such auxiliary member shall serve.

An auxiliary member of the Force shall serve voluntarily and shall not be entitled to any remuneration for such service, save for such allowances as may be prescribed by the Minister from time to time in relation to specific duties.

Establishment of Civil Defence Cadet Corps 4i. The Minister may establish a body to be known as the Civil

Defence Cadet Corps for any area in Malaysia.

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Member of Civil Defence Cadet Corps 4j. (1) The following persons may apply to be a member of the

Civil Defence Cadet Corps:

An application under subsection (1) may be made in the prescribed manner.

Chief Commissioner may make regulations

A member of the Force called out under subsection (1)

shall report for service at such time and place as the Chief

Commissioner may by notification in the Gazette or otherwise appoint.

Refusal, retirement or resignation during call out by the Yang di-Pertuan Agong 7a. (1) No member of the Force shall refuse to serve, retire or resign, as the case may be, during call out by the Yang di-Pertuan

Agong under subsection 7(1).

Notwithstanding subsection (1), a member of the Force may be allowed to retire or resign, as the case may be, if so recommended by the Chief Commissioner.

Resignation while pending disciplinary proceedings 7b. No member of the Force shall, without the permission in writing of the Chief Commissioner, retire or resign, as the case may be, from the Force during the pendency of any disciplinary proceedings or prosecution instituted against him in respect of any offence of which he may be charged.

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Protection of employee’s rights 7c. Any volunteer member or auxiliary member of the Force who, during call out by the Yang di-Pertuan Agong is absent from his usual employment by reason of carrying out duties in connection with civil defence in any capacity shall not be liable for dismissal, or loss of annual leave or other benefits to which he may be entitled under any award or agreement applicable to his usual employment, by reason only of such absence, whether or not his usual employer has consented to his absence.

Civil defence training for civilian population 7d. The Minister may from time to time make arrangements for the civilian population to be trained in matters of civil defence and for the conduct of exercises for the purposes of civil defence.

Ranks for the Force 7e. The ranks for the Force are as set out in the Schedule.

Power of Minister to amend Schedule 7f. The Minister may by order published in the Gazette amend the Schedule.

Honorary and Associate Commission 7g. The Minister may grant Honorary Commission and Associate

Commission of the Force to any person as he deems fit.

Personation 7h. Any person not being a member of the Force who—

Members of the Force employed in pursuance of subsection (1) shall be deemed to perform civil defence duties.

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