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Civil Defence Act 1951 (Revised 1979)

Civil Defence 1

LAWS OF MALAYSIA

REPRINT

Act 221

CIVIL DEFENCE ACT 1951

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2

CIVIL DEFENCE ACT 1951

First enacted ... ... ... ... ... ... 1951 (Ordinance No. 38 of 1951)

Revised ... ... ... ... ... ... ... 1979 (Act 221 w.e.f. 15 June 1979)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

3

LAWS OF MALAYSIA

Act 221

CIVIL DEFENCE ACT 1951

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Minister may make rules for civil defence

4. Appointment of Director General, Assistant Directors General and officers

5. Director General for Civil Defence may make regulations

6. Members to be public servants

7. Yang di-Pertuan Agong may call out the civil defence forces and services for service

8. Civil defence forces may be ordered to perform relief and rehabilitation works

9. Repeal of rule 28 4 Laws of Malaysia ACT 221

Civil Defence 5

LAWS OF MALAYSIA

Act 221

CIVIL DEFENCE ACT 1951

An Act to provide for the civil defence of Malaysia. [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 Civil Defence Act 1951. Interpretation

2. In this Act, unless the context otherwise requires-- "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 forces" and "civil defence services" mean respectively forces and services formed wholly or mainly to meet the needs of civil defence.

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.

6 Laws of Malaysia ACT 221

(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 civil defence forces and services; (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 civil defence forces or services of his duties as such member;

(i) the constitution of bodies and the appointment of officers in States 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; and

(j) the imposition of penalties for any act or omission in contravention of any rule provided that no such penalty shall exceed imprisonment for a term of three years and a fine of five thousand ringgit.

(3) Every rule made by the Minister under this section shall be laid, as soon as conveniently possible, on the table of the Dewan Rakyat.

Civil Defence 7

Appointment of Director General, Assistant Directors General and officers

4. The Yang di-Pertuan Agong may appoint a Director General for Civil Defence and such Assistant Directors General and officers as he may consider necessary for the purposes of this Act. Director General for Civil Defence may make regulations

5. The Director General for Civil Defence may make regulations consistent with this Act and any rules made thereunder providing generally for details connected with the organization and personnel of civil defence forces and services and for the duties, equipment and training and instruction of persons to whom such rules apply. Members to be public servants

6. Members of the civil defence forces and services shall be deemed to be public servants for the purposes of the Penal Code [Act 574].

Yang di-Pertuan Agong may call out the civil defence forces and services for service

7. (1) The Yang di-Pertuan Agong may by proclamation, call out for service the whole or any part of the civil defence forces or services.

(2) A member of the civil defence forces or services called out under subsection (1) shall report for service at such time and place as the Director General for Civil Defence may by notification in the Gazette or otherwise appoint.

Civil defence forces may be ordered to perform relief and rehabilitation works

8. (1) The Director General for Civil Defence may with the concurrence of the Minister order the civil defence forces or services 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. 8 Laws of Malaysia ACT 221

(2) Members of the civil defence forces and services employed in pursuance of subsection (1) shall be deemed to perform civil defence duties.

Repeal of rule 28

9. Rule 28 of the Civil Defence (Civil Defence Corps) Rules 1970 [P.U. (A) 74/1970] is hereby repealed.

Civil Defence 9

LAWS OF MALAYSIA

Act 221

CIVIL DEFENCE ACT 1951

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 332/1958 Federal Constitution (Modification 13-11-1958 of Laws) (Ordinance and

Proclamation) Order 1958

P.U. (B) 324/1970 Titles of Office Ordinance 1949 01-01-1971 Act A188 Civil Defence (Amendment) 30-03-1973

Act 1973

Act 160 Malaysian Currency (Ringgit) 29-08-1975

Act 1975

10 Laws of Malaysia ACT 221

LAWS OF MALAYSIA

Act 221

CIVIL DEFENCE ACT 1951

LIST OF SECTIONS AMENDED

Section Amending Authority In force from

2 L.N. 332/1958 13-11-1958

3 L.N. 332/1958 13-11-1958

Act 160 29-08-1975

4 L.N. 332/1958 13-11-1958

7 Act A188 30-03-1973

8 Act A188 30-03-1973

9 Act A188 30-03-1973

Throughout the Act P.U. (B) 324/1970 01-01-1971

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA


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