PRELIMINARY
Short title and commencement
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*RUKUN TETANGGA ACT 2012 is Malaysia Act, cited as Act 751 2012, currently marked in force and first recorded in 2012.
Opening note
Part I
Short title and commencement
In this Act, unless the context otherwise requires—
“Rukun Tetangga Area Committee” means the Rukun Tetangga Area
Committee appointed under section 7;
“Rukun Tetangga Coordinating and Advisory Committee” means the
Rukun Tetangga Coordinating and Advisory Committee established under section 14;
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“Area” means the Rukun Tetangga Area designated by the Director
General under section 5;
“Director General” means the Director General of Rukun Tetangga appointed under subsection 3(1);
“employer” means a person or body of persons, whether corporate or unincorporate, who hires or engages the services of a person or persons for wages or salary under a contract of employment, and includes the
Government of Malaysia, State Governments and any statutory or local authority;
“Minister” means the Minister charged with the responsibility for
Rukun Tetangga;
“employee” means a person who is a citizen and is hired or engaged by an employer for wages or salary, whether or not falling within the definition in the Employment Act 1955 [Act 265], Sabah Labour
Ordinance [Cap. 67] or Sarawak Labour Ordinance [Cap. 76], and includes any person holding any office in any public service and statutory or local authority;
“resident” means any person who ordinarily resides in an Area and includes a person who has been residing continuously in an Area for a period exceeding thirty days;
“Director” means the Director of Rukun Tetangga and includes
Director General of Rukun Tetangga, Deputy Director General of
Rukun Tetangga, Deputy Director of Rukun Tetangga and Assistant
Director of Rukun Tetangga appointed by the Minister under subsection 3(2);
“Area Centre” means any premises provided by the Director General under section 6;
“Voluntary Patrolling Scheme” means a scheme approved by the
Director General under section 15.
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Part II
Appointment of Director General of Rukun Tetangga and other officers
The Minister may appoint from the members of the public service, such number of Deputies Director General of Rukun Tetangga,
Directors of Rukun Tetangga, Deputy Directors of Rukun Tetangga,
Assistant Directors of Rukun Tetangga and any other officers as he may consider necessary or expedient to assist the Director General in the performance of his duties under this Act.
A person appointed under subsection (2) shall be subject to the direction and control of the Director General.
Power to delegate
A delegation made under subsection (1) shall be subject to any limitation as prescribed by a Director in the instrument of delegation.
A delegation under this section shall not preclude a Director himself from exercising at any time any of the powers so delegated.
Designation of Rukun Tetangga Area
The Director General may, by notice publicised in such manner as he deems fit, designate any area to be a Rukun Tetangga Area.
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Area Centre
The Director General may provide any premises as he deems fit as an Area Centre for the use of a Rukun Tetangga Area Committee.
Appointment of Rukun Tetangga Area Committee
A Director shall, after consultation with the members of the
Rukun Tetangga Area Committee, appoint from amongst the members of the Rukun Tetangga Area Committee—
A person shall be disqualified from being appointed as a member of the Rukun Tetangga Area Committee if—
he has been convicted of an offence and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit or to both;
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A member of the Rukun Tetangga Area Committee shall hold office for a term not exceeding two years and shall be eligible for reappointment upon expiry of his term of office, but shall not be appointed for more than three consecutive terms unless with the approval of the Director General.
Functions and duties of Rukun Tetangga Area Committee
A Rukun Tetangga Area Committee shall have the following functions and duties:
to carry out such activities as to enhance and strengthen neighbourliness, unity, goodwill, harmony, comfort, peace, cooperation, safety, welfare, health, economic well being and quality of life amongst the members of community;
to receive information on, to observe and to enquire, all issues pertaining to community conflict in the Area and to report such information, observation and enquiry to the
Director;
to take such steps as may be necessary or desirable to enable the residents to protect themselves against any criminal activities or disasters;
to provide community mediation for the purpose of conciliation or otherwise settle any dispute or difference amongst the members of community; and
to carry out any other functions or duties as directed by the
Director General from time to time.
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Revocation of appointment and resignation
A member of the Rukun Tetangga Area Committee appointed under subsection 7(2) may at any time resign his office by giving notice in writing to a Director.
Revocation of designation of Rukun Tetangga Area and dissolution of Rukun Tetangga Area Committee
If the designation of a Rukun Tetangga Area has been revoked under subsection (1), the Rukun Tetangga Area Committee for such
Area shall be dissolved forthwith.
Financial allocation or assistance to Rukun Tetangga Area
Committee
The Director General may, from time to time, with the approval of the Minister and the concurrence of the Minister of Finance, provide financial allocation or assistance to a Rukun Tetangga Area Committee as it may require for carrying out any of its functions and duties under this Act, subject to such terms and conditions as determined by the
Minister.
Power to collect or receive money
A Rukun Tetangga Area Committee in collecting or receiving money under subsection (1) shall be subject to such terms and conditions imposed by the Director General.
Bank account
A Rukun Tetangga Area Committee shall cause the accounts and records of its activities to be maintained and kept in proper form.
A statement of accounts of a Rukun Tetangga Area Committee shall be examined each year by two residents appointed from amongst and by the residents in the Area.
Establishment of Rukun Tetangga Coordinating and Advisory
Committee
The Rukun Tetangga Coordinating and Advisory Committee shall consist of the following:
The establishment of the Rukun Tetangga Coordinating and
Advisory Committee under subsection (1) may at any time be revoked by the Minister.
Part III
Application to operate a Voluntary Patrolling Scheme
If the application under subsection (1) is approved by the
Director General, he shall convey the approval to the Chairman of the
Rukun Tetangga Area Committee for the implementation of the
Voluntary Patrolling Scheme.
Operation of Voluntary Patrolling Scheme
If the operation of the Voluntary Patrolling Scheme is not commenced within the period specified under subsection (1), the approval under section 15 shall lapse.
The Rukun Tetangga Area Committee shall be responsible for the Voluntary Patrolling Scheme in the Area.
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Membership of Voluntary Patrolling Scheme
A member of the Voluntary Patrolling Scheme may at any time withdraw from the Scheme by giving notice in writing addressed to the
Chairman of the Rukun Tetangga Area Committee.
The membership of a member of the Voluntary Patrolling
Scheme may at any time be terminated by the Director.
Duties of Voluntary Patrolling Scheme members
guard duty at the Area Centre at any hour as may be determined by a Director; and
guard duty at any premises, places or locations in the Area as may be required by a Director.
A member of the Voluntary Patrolling Scheme who is on patrol duty or guard duty shall be required to carry out his duties in groups of at least two members per group.
A member of the Voluntary Patrolling Scheme shall perform patrol duty or guard duty not more than twice in a month.
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Conduct of Voluntary Patrolling Scheme members
A member of Voluntary Patrolling Scheme who, whilst on patrol duty or guard duty—
disobeys the lawful order or direction of a Director or the
Rukun Tetangga Area Committee;
acts irresponsibly such as sleeping, gambling or being under the influence of alcohol or drugs;
acts in any manner which is prejudicial to the welfare of the
Area, commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Time-off or release of working hours with salary
The time-off or release of working hours with salary under subsection (1)—
shall be given in accordance with the actual time period of patrol duty or guard duty in the morning of the day;
shall not be carried forward to the afternoon of the day or the next following day;
shall start at the normal working hours of the employee or in accordance with any other arrangement as agreed by the employer after consultation with the Chairman of the Rukun
Tetangga Area Committee;
Notwithstanding subsection 18(3), an employee may perform patrol duty or guard duty more than twice in a month upon request of the Chairman of the Rukun Tetangga Area Committee and with the prior written consent of the employer and in such a case the employee shall be entitled to be given time-off or release of working hours with salary in accordance with subsections (2) and (3).
Revocation of Voluntary Patrolling Scheme
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The Director General may, by notice publicised in such manner as he deems fit, revoke the approval for any Voluntary Patrolling
Scheme under section 15.
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Part IV
Combination of Rukun Tetangga Area Committee activities
if the Director directs in writing for the Rukun Tetangga
Area Committees to act in combination in accordance with and to the extent specified by the Director in such direction.
If the Rukun Tetangga Area Committees of two or more Areas consider that in the combination of their activities it is necessary for all or any of the Rukun Tetangga Area Committees or Voluntary
Patrolling Scheme members whilst carrying out patrol duty or guard duty, to perform functions or duties within an Area or Areas other than their own respective Area, it shall be lawful for them to do so subject to the written directions given by the Director.
Employee not to suffer loss of remuneration or any detriment
Any question as to any loss of remuneration incurred by an employee who falls within the definition under the First Schedule of the Employment Act 1955, Sabah Labour Ordinance or Sarawak
Labour Ordinance or an employee not falling within the definition of that Act or that Ordinance whose wages per month exceed two thousand five hundred ringgit but do not exceed five thousand ringgit shall be decided by the Director General.
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For the purpose of this section, Director General means—
in respect of Peninsular Malaysia, the Director General of
Labour appointed under subsection 3(1) of the Employment
Act 1955;
in respect of Sabah, the Director of Labour appointed under subsection 3(1) of the Sabah Labour Ordinance; and
in respect of Sarawak, the Director of Labour appointed under subsection 3(1) of the Sarawak Labour Ordinance.
Any question as to whether an employee, other than any person holding any office in any public service and statutory or local authority, has incurred any detriment shall be decided by a Director whose decision shall be final.
Identification card
Whenever the member of the Rukun Tetangga Area Committee or the member of the Voluntary Patrolling Scheme exercises any of the powers under this Act, he shall, on demand, produce to the person against whom the power is being exercised, the identification card issued to him under subsection (1).
Power to stop and inspect
If a member of a Voluntary Patrolling Scheme while on patrol duty or guard duty has reasonable ground to believe that the safety of residents in the Area is affected, he may stop and carry out such inspection of any person, vehicle or any conveyance entering his Area.
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Personation
Any person who pretends to be, or falsely personates as, a person entitled to perform any function or duty or exercise any power under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
False statement
Any person who, in giving any information for the purposes of this Act, knowingly or recklessly makes any statement which is false in a material particular commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Protection against suit and legal proceedings
No action, suit, prosecution or other proceeding shall lie or be brought, instituted or maintained in any court against a Director, a member of a Rukun Tetangga Area Committee, a member of the
Rukun Tetangga Coordinating and Advisory Committee, a member of a Voluntary Patrolling Scheme and an officer in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith in such capacity.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against a Director, a member of a Rukun Tetangga Area Committee, a member of the
Rukun Tetangga Coordinating and Advisory Committee, a member of a Voluntary Patrolling Scheme and an officer in respect of any act, neglect or default done or committed by him in good faith or any omission by him in good faith in such capacity.
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Power to give directions
A Director may give any direction to the Rukun Tetangga Area
Committee, consistent with the provisions of this Act, relating to the performance of the functions and duties of the Rukun Tetangga Area
Committee, and the Committee shall give effect to all such directions.
Power to issue guidelines, circulars and directions
The Director General may issue such guidelines, circulars or directions as may be necessary or expedient for the purpose of carrying out the provisions of this Act.
Power to make regulations
The Minister may make such regulations as may be necessary or expedient for the purpose of carrying out or giving effect to the provisions of this Act.
Savings provision
All designation of Areas, appointment of Rukun Tetangga Area
Committees, approval of Voluntary Patrolling Schemes and appointment of members of Voluntary Patrolling Schemes made before the commencement of this Act shall continue under this Act and be subject to the provision of this Act as if the designation, appointment and approval had been made under this Act.
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Continuance of act and action
Any act done or action taken by the Director General or any
Director prior to the commencement of this Act shall be deemed to have been done or taken, and may be accordingly continued by the
Director General or Director, under this Act.
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Act 751
LIST OF AMENDMENTS
Amending law
Short title
In force from
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NIL -
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Act 751
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
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