LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 221
First enacted … … … 1951 (Ordinance No. 38 of 1951) Revised … … … 1979 (Act 221 w.e.f. 15 June 1979) Latest amendment made by
An Act to provide for the establishment of the Malaysia Civil Defence Force and to provide for its functions and powers and related matters.
Section 1. Short title 2. Interpretation A . Establishment of Malaysia Civil Defence Force 2 B . Functions of the Force C . Overlapping of functions 3. Minister may make rules for civil defence 4. Appointment of Chief Commissioner, Deputy Chief Commissioner, etc. A . Functions of Chief Commissioner B . Chief Commissioner’s Standing Orders 4 C . Powers of member of the Force D . Execution of duties and powers 4 E . Service outside Malaysia F . Attachment of member of the Force outside Malaysia 4 G . Volunteer member of the Force H . Auxiliary member of the Force I . Establishment of Civil Defence Cadet Corps 4 J . Member of Civil Defence Cadet Corps 5. Chief Commissioner may make regulations 6. Members to be public servants A . Public Authorities Protection Act 1948 7. Yang di-Pertuan Agong may call out the Force for service A . Refusal, retirement or resignation during call out by the Yang di-Pertuan Agong B . Resignation while pending disciplinary proceedings 7 C . Protection of employee’s rights Section D . Civil defence training for civilian population 7 E . Ranks for the Force F . Power of Minister to amend Schedule 7 G . Honorary and Associate Commission 7 H . Personation 8. Civil defence forces may be ordered to perform relief and rehabilitation works 9. Repeal of rule 28 Schedule
“auxiliary member” means any person appointed by the Chief Commissioner under subsection 4 H
; “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; “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 treat 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 2 A ; “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 4 G .
(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; (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.
For the purpose of this section, “any agency or authority” includes the police force and fire officer.
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.
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; (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.
(Deleted by Act A1513). Appointment of Chief Commissioner, Deputy Chief Commissioner, etc.
The Yang di-Pertuan Agong may appoint a Chief Commissioner for the Force.
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.
(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.
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.
The delegation under subsection (2) shall not affect the performance of such functions by the Chief Commissioner at any time.
(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.
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.
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.
The enrolment under subsection (1) may be made in the prescribed manner.
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.
shall serve.
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.
(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.
An application under subsection (1) may be made in the prescribed manner.
this Act and any rules made thereunder providing generally for details connected with the organization and personnel of the Force, for civil defence services and for the duties, equipment and training and instruction of persons to whom such rules apply.
. 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.
The Yang di-Pertuan Agong may by proclamation, call out for service the whole or any part of the Force.
A member of the Force called out under subsection (1) shall report for service at such time and place as the Chief Commissioner may by notification in the Gazette or otherwise appoint.
resign, as the case may be, during call out by the Yang di-Pertuan Agong under subsection 7(1).
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.
. The Minister may by order published in the Gazette amend the Schedule.
(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.
The Chief Commissioner may with the concurrence of the Minister order the Force or any part thereof to be employed for performance of any relief work or giving protection to, or taking measures for ensuring the safety of the life, person or property of the civilian population in the event of any disaster or impending disaster or for effecting or facilitating their rehabilitation after such disaster.
Members of the Force employed in pursuance of subsection (1) shall be deemed to perform civil defence duties.
Schedule [Section 7 E ] RANKS FOR THE FORCE
(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
(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
(a) Higher Staff for the Force (b) Senior Staff for the Force (c) Junior Staff for the Force
(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 .
LIST OF AMENDMENTS Amending law Short Title In force from L.N. 332/1958 Federal Constitution (Modification of Laws) (Ordinance and Proclamation) Order P.U. (B) 324/1970 Titles of Office Ordinance 1949 Act A188 Civil Defence (Amendment) Act 1973 Act 160 Malaysian Currency (Ringgit) Act 1975 Act A1513 Civil Defence (Amendment) Act 2016
LIST OF SECTIONS AMENDED Section Amending Authority In force from Long Title Act A1513 Act A1513 L.N. 332/1958 Act A1513 A - 2 C Act A1513 L.N. 332/1958 Act 160 Act A1513 L.N. 332/1958 Act A1513 A - 4 J Act A1513 Act A1513 Act A1513 A Act A1513 Act A188 Act A1513 A - 7 H Act A1513 Act A188 Act A1513 Act A188 Schedule Act A1513 Throughout the Act P.U. (B) 324/1970