Malaysia legislation
Section 7
Seksyen 7
Akta ibu dipinda dengan menggantikan seksyen 4 dengan seksyen yang berikut:
“Appointment of Chief Commissioner, Deputy Chief
Commissioner, etc.
Quoted provision
Seksyen 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.”.
Seksyen baharu 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i dan 4j 8.
Akta ibu dipinda dengan memasukkan selepas seksyen 4
seksyen yang berikut:
“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.
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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 with a direction to evacuate 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.
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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.
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.
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(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.
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.”.
Pindaan seksyen 5 9.
Seksyen 5 Akta ibu dipinda—
(a)
dalam nota bahu, dengan menggantikan perkataan “Director
General for Civil Defence” dengan perkataan “Chief
Commissioner”;
Pertahanan Awam (Pindaan)
(b)
dengan menggantikan perkataan “Director General for
Civil Defence” dengan perkataan “Chief Commissioner”;
dan
(c)
dengan menggantikan perkataan “civil defence forces and services” dengan perkataan “the Force, for civil defence services”.
Pindaan seksyen 6
Quoted provision
Seksyen 10
Seksyen 6 Akta ibu dipinda dengan menggantikan perkataan
“civil defence forces and services” dengan perkataan “Force”.
Quoted provision
Seksyen 11
Seksyen baharu 6a
seksyen yang berikut:
“Public Authorities Protection Act 1948 6a. The Public Authorities Protection Act 1948 [Act 198]
shall apply to any suit, action, prosecution or proceedings against the Chief Commissioner, Deputy Chief Commissioner,
Commissioner, Deputy Commissioner, Assistant Commissioner,
Colonel, officers or any member of the Force 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.”.
Quoted provision
Seksyen 12
Pindaan seksyen 7
(a)
dalam nota bahu, dengan menggantikan perkataan “the civil defence forces and services for service” dengan perkataan “the Force for service”;
(b)
dalam subseksyen (1), dengan menggantikan perkataan
“the civil defence forces or services” dengan perkataan
“the Force”; dan
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(c)
dalam subseksyen (2)—
(i)
dengan menggantikan perkataan “the civil defence forces or services” dengan perkataan “the Force”;
dan
(ii)
dengan menggantikan perkataan “the Director
General for Civil Defence” dengan perkataan “the
Chief Commissioner”.
Seksyen baharu 7a, 7b, 7c, 7d, 7e, 7f, 7g dan 7h
Quoted provision
Seksyen 13
Akta ibu dipinda dengan memasukkan selepas seksyen 7
seksyen yang berikut:
“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).
(2)
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.
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.
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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—
(a)
pretends to be a member of the Force knowing that he is not;
(b)
falsely personates a member of the Force; or
(c)
in such assumed character does or attempts to do any act under colour of being a member of the
Force, 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.”.
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Pindaan seksyen 8
Quoted provision
Seksyen 14
Seksyen 8 Akta ibu dipinda—
(a)
dalam subseksyen (1)—
(i)
dengan menggantikan perkataan “Director General for Civil Defence” dengan perkataan “Chief
Commissioner”; dan
(ii)
dengan menggantikan perkataan “civil defence forces and services” dengan perkataan “the Force”; dan
(b)
dalam subseksyen (2), dengan menggantikan perkataan
“civil defence forces and services” dengan perkataan
“the Force”.
Jadual baharu
Quoted provision
Seksyen 15
Akta ibu dipinda dengan memasukkan selepas seksyen 9
jadual yang berikut:
“Schedule
[Section 7e]
RANKS FOR THE FORCE
Quoted provision
Seksyen 1
SENIOR OFFICERS
(a)
Chief Commissioner for the Force
(b)
Deputy Chief Commissioner for the Force
(c)
Commissioner for the Force
(d)
Deputy Commissioner for the Force
(e)
Assistant Commissioner for the Force
(f)
Colonel for the Force
Quoted provision
Seksyen 2
OFFICERS
(a)
Lieutenant Colonel for the Force
(b)
Major for the Force
(c)
Captain for the Force
(d)
Lieutenant for the Force
(e)
Second Lieutenant for the Force
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Quoted provision
Seksyen 3
STAFF OFFICERS
(a)
Higher Staff for the Force
(b)
Senior Staff for the Force
(c)
Junior Staff for the Force
Quoted provision
Seksyen 4
OTHER RANKS
(a)
Sergeant Major for the Force
(b)
Sergeant for the Force
(c)
Corporal for the Force
(d)
Lance Corporal for the Force
(e)
Private for the Force”.