RUKUN TETANGGA ACT 2012

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 751 RUKUN TETANGGA ACT 2012 As at 1 August 2020 2 RUKUN TETANGGA ACT 2012 … … … 18 June 2012 Date of publication in the Gazette… … … … 22 June 2012 Date of Royal Assent … … 3 LAWS OF MALAYSIA Act 751 RUKUN TETANGGA ACT 2012 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II RUKUN TETANGGA 3. Appointment of Director General of Rukun Tetangga and other officers 4. Power to delegate 5. Designation of Rukun Tetangga Area 6. Area Centre 7. Appointment of Rukun Tetangga Area Committee 8. Functions and duties of Rukun Tetangga Area Committee 9. Revocation of appointment and resignation 10. Revocation of designation of Rukun Tetangga Area and dissolution of Rukun Tetangga Area Committee 11. Financial allocation or assistance to Rukun Tetangga Area Committee 12. Power to collect or receive money 13. Bank account 14. Establishment of Rukun Tetangga Coordinating and Advisory Committee 4 Laws of Malaysia PART III VOLUNTARY PATROLLING SCHEME Section 15. Application to operate a Voluntary Patrolling Scheme 16. Operation of Voluntary Patrolling Scheme 17. Membership of Voluntary Patrolling Scheme 18. Duties of Voluntary Patrolling Scheme members 19. Conduct of Voluntary Patrolling Scheme members 20. Time-off or release of working hours with salary 21. Revocation of Voluntary Patrolling Scheme PART IV MISCELLANEOUS 22. Combination of Rukun Tetangga Area Committee activities 23. Employee not to suffer loss of remuneration or any detriment 24. Identification card 25. Power to stop and inspect 26. Personation 27. False statement 28. Protection against suit and legal proceedings 29. Public Authorities Protection Act 1948 30. Power to give directions 31. Power to issue guidelines, circulars and directions 32. Power to make regulations 33. Savings provision 34. Continuance of act and action ACT 741 5 LAWS OF MALAYSIA Act 751 RUKUN TETANGGA ACT 2012 An Act to make provisions relating to Rukun Tetangga and Voluntary Patrolling Scheme and for connected matters. [22 June 2012] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Rukun Tetangga Act 2012. (2) This Act comes into operation on 22 June 2012. Interpretation 2. 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; 6 Laws of Malaysia ACT 741 “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. Rukun Tetangga 7 PART II RUKUN TETANGGA Appointment of Director General of Rukun Tetangga and other officers 3. (1) The Minister shall appoint a public servant to be the Director General of Rukun Tetangga. (2) 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. (3) A person appointed under subsection (2) shall be subject to the direction and control of the Director General. Power to delegate 4. (1) A Director may, in writing, delegate any of his powers assigned to him under this Act to any officer appointed under subsection 3(2). (2) A delegation made under subsection (1) shall be subject to any limitation as prescribed by a Director in the instrument of delegation. (3) 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 5. The Director General may, by notice publicised in such manner as he deems fit, designate any area to be a Rukun Tetangga Area. 8 Laws of Malaysia ACT 741 Area Centre 6. 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 7. (1) A Director shall, within thirty days from the date of the designation of an Area under section 5 or within such longer period as precribed by the Director General, appoint in respect of the Area a Rukun Tetangga Area Committee which shall consist of such number of persons comprising residents, persons who have interest in the Area and other persons, as may be approved by the Director . (2) 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) a Chairman; (b) a Deputy Chairman; (c) a Secretary; (d) an Assistant Secretary; and (e) a Treasurer. (3) A person shall be disqualified from being appointed as a member of the Rukun Tetangga Area Committee if— (a) he has not attained the age of eighteen years; (b) he is an undischarged bankrupt; (c) 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; Rukun Tetangga 9 (d) he is not a citizen or a permanent resident; or (e) he is of unsound mind or is otherwise incapable of performing his duties. (4) 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 8. A Rukun Tetangga Area Committee shall have the following functions and duties: (a) 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; (b) 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; (c) to take such steps as may be necessary or desirable to enable the residents to protect themselves against any criminal activities or disasters; (d) to provide community mediation for the purpose of conciliation or otherwise settle any dispute or difference amongst the members of community; and (e) to carry out any other functions or duties as directed by the Director General from time to time. 10 Laws of Malaysia ACT 741 Revocation of appointment and resignation 9. (1) The appointment of a member of the Rukun Tetangga Area Committee under subsection 7(2) may at any time be revoked by a Director. (2) 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 10. (1) The Director General may, at any time, by notice publicised in such manner as he deems fit, revoke any designation of a Rukun Tetangga Area made under section 5. (2) 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 11. 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 12. (1) A Rukun Tetangga Area Committee may collect or receive money within the Area for carrying out any of its functions and duties Rukun Tetangga 11 under this Act, provided that it has applied for and obtained the prior written approval of the Director General. (2) 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 13. (1) All moneys received by a Rukun Tetangga Area Committee shall be deposited into a bank account under the name of the Rukun Tetangga Area Committee. (2) A Rukun Tetangga Area Committee shall cause the accounts and records of its activities to be maintained and kept in proper form. (3) 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 14. (1) The Minister may establish a committee to be known as the “Rukun Tetangga Coordinating and Advisory Committee” to coordinate and to advise a Director on all matters referred to it by a Rukun Tetangga Area Committee and to carry out such functions as may be prescribed by the Minister under this Act. (2) The Rukun Tetangga Coordinating and Advisory Committee shall consist of the following: (a) a Chairman; (b) at least one Deputy Chairman; (c) a Secretary; and 12 Laws of Malaysia ACT 741 (d) at least twenty other members. (3) The establishment of the Rukun Tetangga Coordinating and Advisory Committee under subsection (1) may at any time be revoked by the Minister. PART III VOLUNTARY PATROLLING SCHEME Application to operate a Voluntary Patrolling Scheme 15. (1) The Chairman of a Rukun Tetangga Area Committee may apply to the Director General to operate a Voluntary Patrolling Scheme in the whole or part of the Area if a request is made to him by a group of not less than twenty residents of the Area of not less than eighteen years of age. (2) 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 16. (1) The Director General shall require the Voluntary Patrolling Scheme to be commenced by the Rukun Tetangga Area Committee within thirty days from the date of the approval under section 15 or within such longer period as may be determined by the Dir