MALAYSIA CIVIL DEFENCE ACT 1951

Malaysia Civil Defence Force LAWS OF MALAYSIA REPRINT Act 221 MALAYSIA CIVIL DEFENCE FORCE ACT 1951 As at 1 October 2024 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2024 1 2 Act 221 Laws of Malaysia MALAYSIA CIVIL DEFENCE FORCE ACT 1951 First enacted … … … 1951 (Ordinance No. 38 of 1951) Revised … … … 1979 (Act 221 w.e.f. 15 June 1979) Latest amendment made by Act A1513 which came into operation on … … … 1 September 2016 Previous Reprints First Reprint… ... ... ... 2001 Second Reprint ... ... ... 2006 Malaysia Civil Defence Force 3 LAWS OF MALAYSIA Act 221 MALAYSIA CIVIL DEFENCE FORCE ACT 1951 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 2a. Establishment of Malaysia Civil Defence Force 2b. Functions of the Force 2c. Overlapping of functions 3. Minister may make rules for civil defence 4. Appointment of Chief Commissioner, Deputy Chief Commissioner, etc. 4a. Functions of Chief Commissioner 4b. Chief Commissioner’s Standing Orders 4c. Powers of member of the Force 4d. Execution of duties and powers 4e. Service outside Malaysia 4f. Attachment of member of the Force outside Malaysia 4g. Volunteer member of the Force 4h. Auxiliary member of the Force 4i. Establishment of Civil Defence Cadet Corps 4j. Member of Civil Defence Cadet Corps 5. Chief Commissioner may make regulations 6. Members to be public servants 6a. Public Authorities Protection Act 1948 4 Laws of Malaysia Act 221 Section 7. Yang di-Pertuan Agong may call out the Force for service 7a. Refusal, retirement or resignation during call out by the Yang di-Pertuan Agong 7b. Resignation while pending disciplinary proceedings 7c. Protection of employee’s rights 7d. Civil defence training for civilian population 7e. Ranks for the Force 7f. Power of Minister to amend Schedule 7g. Honorary and Associate Commission 7h. Personation 8. Civil defence forces may be ordered to perform relief and rehabilitation works 9. Repeal of rule 28 Schedule Malaysia Civil Defence Force 5 LAWS OF MALAYSIA Act 221 MALAYSIA CIVIL DEFENCE FORCE ACT 1951 An Act to provide for the establishment of the Malaysia Civil Defence Force and to provide for its functions and powers and related matters. [Peninsular Malaysia – 24 March 1952; Sabah—30 October 1964, L.N. 201/1965; Sarawak—10 November 1964, L.N. 201/1965] Short title 1. This Act may be cited as the Malaysia Civil Defence Force Act 1951. Interpretation 2. In this Act, unless the context otherwise requires— “auxiliary member” means any person appointed by the Chief Commissioner under subsection 4h(1); “Chief Commissioner” means the Chief Commissioner for the Force appointed under subsection 4(1); “civil defence” includes any measures not amounting to actual combat for affording defences against any form of hostile attack or for depriving any form of hostile attack of the whole or part of its effect, whether the measures are taken before, at or after the time of the attack; “civil defence services” means any service rendered or task undertaken by the Force in connection with civil defence functions; 6 Laws of Malaysia Act 221 “disaster” means a catastrophe, mishap or grave occurrence in any area, arising from natural, or man-made causes whether or not attributable to an attack by an enemy or to any warlike act, or by accident or negligence, which results in substantial loss of life or human suffering, or damage to, or destruction of, property, or damage to, or degradation of, environment or that in any way endangers the safety of the public; “disaster management”, in relation to civil defence, means a continuous and integrated process of planning, organizing, coordinating and implementing measures which are necessary or expedient for— (a) prevention of danger or threat of any disaster; (b) mitigation or reduction of risk of any disaster or its severity or consequences; (c) capacity building; (d) preparedness to deal with any disaster; (e) prompt response to any threatening disaster situation or disaster; (f) evacuation, rescue and relief; and (g) 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. Malaysia Civil Defence Force 7 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: (a) to carry out disaster management; (b) to perform humanitarian services; (c) to instruct the civilian population regarding civil defence and to equip them for the purposes of such defence; (d) to train the following persons for civil defence purposes: (i) civil defence forces; (ii) police force; (iii) fire officer; and (iv) employees of statutory and other bodies, whether corporate or unincorporate, employed primarily for purposes other than for civil defence purposes; (e) to requisition, purchase and hire land, buildings, materials, property and goods required for civil defence purposes; (f) to provide advice to the Minister on matters relating to civil defence; (g) to identify hazards and risks that the Chief Commissioner considers are of national significance; (h) to train and equip the civilian population to cope and assist with any civil defence purposes; (i) to inform and advise the civilian population relating to civil defence; 8 Laws of Malaysia Act 221 (j) to rescue and to transfer endangered persons to areas of safety; (k) 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; (l) 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; (m) to assist relevant public authorities to undertake measures for the disposal of the dead in the event of emergency; (n) 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; (o) to assist relevant public authorities to carry out repairs to essential utilities and government buildings in the event of emergency; (p) to control and coordinate lighting and the distribution of clean water and other essential supplies; (q) to provide, maintain, control and operate prescribed public warning devices; (r) to manage all shelters including air-raid shelters and temporary shelters in the event of emergency; (s) to provide and maintain emergency ambulance service; (t) to take lawful measures in order to protect life and property in case of fire by providing auxiliary fire service; and (u) to execute such other duties as may be imposed on it by this Act or any other written law. Malaysia Civil Defence Force 9 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. (2) For the purpose of this section, “any agency or authority” includes the police force and fire officer. Minister may make rules for civil defence 3. (1) Whenever it appears to the Minister necessary or expedient so to do he may make such rules as appear to him to be necessary or expedient for the civil defence of Malaysia. (2) Without prejudice to the generality or scope of the powers conferred by subsection (1) such rules may provide for— (a) the organization, formation, maintenance, equipment, training and discipline of the Force; (b) the organization, equipment and training for civil defence purposes of the police force, fire brigades and employees of statutory and other bodies, whether corporate or unincorporate, employed primarily for purposes other than civil defence purposes; (c) the instruction of members of the public in civil defence and their equipment for the purposes of civil defence; (d) the provision, storage and maintenance of commodities and things required for civil defence; (e) the provision, construction, maintenance and alteration of premises, structures and excavations for civil defence purposes; (f) the requisition, purchase and hire of land, buildings, materials, property and goods required for civil defence purposes; 10 Laws of Malaysia Act 221 (g) the assessment and payment of remuneration or compensation in respect of all matters done including work done and services rendered and damage and injury suffered in consequence of powers conferred by or under this Act; (h) the payment of compensation in respect of any physical injury arising out of and in the performance by a member of the Force of his duties as such member; (i) the constitution of bodies and the appointment of officers for the purposes of this Act and the delegation to such bodies and officers of all or any of the powers conferred by or under this Act; (j) the imposition of penalties for any act or omission in contravention of any rule provided that no such penalty shall exceed a fine of ten thousand ringgit or imprisonment for a term of five years or both; and (k) the duties, powers and privileges of a civil defence auxiliary member and the area in which such duties, powers and privileges may be exercised or enjoyed by such members. (3) (Deleted by Act A1513). Appointment of Chief Commissioner, Deputy Chief Commissioner, etc. 4. (1) The Yang di-Pertuan Agong may appoint a Chief Commissioner for the Force. (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, b