Malaysia legislation
Section 4
Section 4
(2)
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.
Malaysia Civil Defence Force 11
Functions of Chief Commissioner 4a. (1) The Chief Commissioner shall—
(a)
be responsible for the general conduct, administration and management of the Force; and
(b)
carry out any other functions conferred by or under this Act and perform any other functions that are supplemental, incidental or consequential to any of the functions specified in this section or in furtherance of the functions of civil defence.
(2)
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.
(3)
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:
(a)
to take any measures as appear to him to be necessary or expedient for the protection of life and property;
(b)
to order the evacuation of any area, building or place, and the exclusion of persons from any area, building or place and in the exercise of that power may remove or cause to be removed a person who does not comply
Act 221
with a direction to evacuate or a person who enters or is found in any area, building or place in respect of which a direction for the exclusion of persons has been given;
(c)
to remove any person interfering by his presence or actions with the operations of the Force;
(d)
to remove from a place, any vehicle, any structure or anything that is impeding civil defence emergency management operations and in order to facilitate its removal may use such force as is reasonably necessary or may break into such place, vehicle, structure or thing;
(e)
to enter upon and, if necessary, break into any place, building, premises or land where he believes on reasonable grounds that it is necessary to do so for saving life or preventing injury or rescuing injured or endangered persons or for facilitating the carrying out of any urgent measures in respect of the relief of suffering and distress; and
(f)
to restrict the movement of persons and close to the traffic any road, street and any place to which the public have access.
(2)
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.
Malaysia Civil Defence Force 13
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.
(2)
The enrolment under subsection (1) may be made in the prescribed manner.
(3)
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.
(2)
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.
Act 221
Member of Civil Defence Cadet Corps 4j. (1) The following persons may apply to be a member of the
Civil Defence Cadet Corps:
(a)
any person not below the age of twelve years and not above the age of thirty years who is in possession of such qualifications as the Minister may determine;
(b)
any pupil of any secondary school as defined under the
Education Act 1996 [Act 550], as the Minister may determine, upon consultation with the Minister charged with the responsibility for education; or
(c)
any person who is a registered student of any training or educational institution following a course of study or training on a full-time or part-time basis in such training or educational institution, as the Minister may determine, upon consultation with the Minister charged with the responsibility for such training or educational institution.
(2)
An application under subsection (1) may be made in the prescribed manner.
Chief Commissioner may make regulations