Date of Royal Assent :18th June 2012
Date of publication in the Gazette : 22nd June 2012
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
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
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.
[
]
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;
“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.
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.
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 consistof 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;
(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.
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 publicized 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 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
(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 Director General.
(2) If the
operation of the Voluntary
Patrolling Scheme is not
commenced within the period specified under subsection (1), the approval under
section 15 shall lapse.
(3) The Rukun Tetangga Area Committee shall be
responsible for the Voluntary Patrolling Scheme in the Area.
Membership of Voluntary
Patrolling Scheme
17. (1) A
resident in an
Area or a
person who has
interest in the Area or
a person who
has been approved
by a Director
may apply to the Rukun Tetangga Area Committee to be a member of the
Voluntary Patrolling Scheme.
(2) A member of
the Voluntary Patrolling Scheme may at any time withdraw from the Scheme by
giving notice in writing addressed to the Chairman of the Rukun Tetangga Area
Committee.
(3) The membership of a member of the Voluntary
Patrolling Scheme may at any time be terminated by the Director.
Duties of Voluntary
Patrolling Scheme members
18. (1) Members of the Voluntary Patrolling Scheme shall
have the following duties:
(a)
patrol
duty in the Area as determined by the Rukun Tetangga Area Committee;
(b) guard duty
at the Area
Centre at any
hour as may be determined by
a Director; and
(c) guard duty
at any premises,
places or locations
in the Area as
may be required
by a Director.
(2) A member
of the Voluntary
Patrolling Scheme who
is on patrol duty or guard duty
shall be required to carry out his duties in groups of at least two members per
group.
(3) A member of the Voluntary Patrolling Scheme shall
perform patrol duty or guard duty not more than twice in a month.
Conduct of Voluntary
Patrolling Scheme members
19. A member of Voluntary Patrolling Scheme who, whilst
on patrol duty or guard duty—
(a) wilfully
gives false information pertaining to any matter;
(b) disobeys
the lawful order or direction of a Director or the Rukun Tetangga Area
Committee;
(c) acts
in any manner which is obscene, abusive or insulting;
(d) uses obscene,
abusive or insulting
language;
(e) acts
irresponsibly such as sleeping, gambling or being under the influence of
alcohol or drugs;
(f) acts negligently;
or
(g) acts in
any manner which is prejudicial to the welfare of the Area,
commits an offence
and shall, on
conviction, be liable
to a fine not exceeding two thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
Time-off or release
of working hours
with salary
20.
(1)
If
a
member
of
a
Voluntary
Patrolling
Scheme
is
an employee
of
any
person
and
he
performs
patrol
duty
or
guard duty for a period of not less than two consecutive hours after
midnight, such member, subject to the prior written consent of the employer,
shall be given time-off or release of working hours with
salary
by
his
employer
in
accordance
with
subsection
(2),
provided that the time- off or the release of working
hours with salary shall not exceed four hours.
(2) The time-off or release of working hours with salary
under subsection (1)—
(a) shall be given in accordance with the actual time
period of patrol duty or guard duty in the morning of the day;
(b) shall not be carried forward to the afternoon of the
day or the next following day;
(c) shall start at
the normal working hours of the employee or in accordance
with any other
arrangement as agreed by the employer after consultation with the Chairman of
the Rukun Tetangga Area Committee;
(d) shall not
be accumulated to
be deemed as
leave; and
(e) shall expire
if unused.
(3)
Notwithstanding subsection 18(3), an employee may perform patrol duty
or guard duty
more than twice
in a month
upon request of the Chairman of the Rukun Tetangga Area Committee and
with the prior written consent of the employer and in such a case the employee
shall be entitled to be given time -off or release of working hours with salary
in accordance with subsections (2) and (3).
Revocation of Voluntary
Patrolling Scheme
21. The Director
General may, by
notice publicised in
such manner as he deems fit, revoke the approval for any Voluntary
Patrolling Scheme under section 15.
Part
IV
MISCELLANEOUS
Combination of
Rukun Tetangga Area
Committee activities
22. (1) The Rukun Tetangga Area Committees of two or more
Areas may combine their activities—
(a)
if
it
is
deemed
necessary
or
expedient
to
do
so;
or
(b) if the
Director directs in writing for the Rukun Tetangga Area Committees
to act in combination
in accordance with and to the
extent specified by the Director in such direction.
(2) If the
Rukun Tetangga Area
Committees of two
or more Areas consider
that in the
combination of their
activities it is necessary for all or any of the Rukun
Tetangga Area Committees or Voluntary Patrolling Scheme members whilst carrying
out patrol duty or guard duty, to perform functions or duties within an Area or
Areas other than
their own respective Area, it
shall be lawful for them to do so subject to the
written directions given by the Director.
Employee not to
suffer loss of remuneration or any detriment
23. (1) Subject
to section 20,
an employer shall
not subject an employee to any loss of remuneration or
any detriment whatsoever by reason of such employee having to perform any
duties or comply with any directions under Part III.
(2) Any question
as to any loss of remuneration incurred by an employee who falls within the
definition under the First Schedule of the Employment Act 1955, Sabah Labour
Ordinance or Sarawak Labour Ordinance or an employee not falling within the
definition of that Act or that Ordinance whose wages per month exceed two thousand
five hundred ringgit but do not exceed five thousand ringgit shall be decided
by the Director General.
(3) For the purpose of this section, Director General
means—
(a) in
respect of Peninsular Malaysia, the Director General of Labour appointed under
subsection 3(1) of the Employment Act 1955;
(b) in
respect of Sabah, the Director of Labour appointed under subsection 3(1) of the
Sabah Labour Ordinance; and
(c)
in
respect of Sarawak, the Director of Labour appointed under subsection 3(1) of
the Sarawak Labour Ordinance.
(4) Any question
as to whether
an employee, other
than any person holding
any office in any public
service and statutory
or local authority, has incurred any detriment shall be decided by a
Director whose decision shall be final.
Identification card
24. (1) A
Director shall issue
to each member
of the Rukun Tetangga Area
Committee and each
member of the
Voluntary Patrolling Scheme an identification card which shall be signed
by the Director.
(2) Whenever the
member of the Rukun Tetangga Area Committee or
the member of
the Voluntary Patrolling
Scheme exercises any of
the powers under
this Act, he shall,
on demand, produce to the person against whom the power
is being exercised, the identification card issued to him under subsection (1).
Power to stop
and inspect
25. If a
member of a
Voluntary Patrolling Scheme
while on patrol duty
or guard duty
has reasonable ground
to believe that the
safety of residents
in the Area is
affected, he may
stop and carry out such
inspection of any person, vehicle or any conveyance entering his Area.
Personation
26. Any person who
pretends to be,
or falsely personates
as, a person entitled
to perform any
function or duty
or exercise any power under this Act commits an offence
and shall, on conviction, be liable to a fine not exceeding two thousand
ringgit or to imprisonment for a term not exceeding one year or to both.
False statement
27.
Any person
who, in giving any information for the purposes of
this Act,
knowingly
or
recklessly
makes
any
statement
which is false in a material particular commits an offence and shall, on
conviction, be liable to a fine not exceeding two thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
Protection against
suit and legal
proceedings
28. No action,
suit, prosecution or other proceeding shall lie or be brought, instituted or
maintained in any court against a Director, a member of a Rukun Tetangga Area
Committee, a member of the
Rukun Tetangga Coordinating and Advisory Committee, a member
of a Voluntary Patrolling Scheme and an officer 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.
Public
Authorities Protection Act 1948
29. The Public
Authorities Protection Act
1948 [Act 198]
shall apply to any action, suit,
prosecution or proceedings
against a Director, a member of
a Rukun Tetangga
Area Committee, a member
of the Rukun
Tetangga Coordinating and
Advisory Committee, a member
of a Voluntary
Patrolling Scheme and an
officer 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.
Power to give
directions
30. A Director
may give any
direction to the
Rukun Tetangga Area Committee,
consistent with the
provisions of this
Act, relating to the
performance of the
functions and duties
of the Rukun Tetangga Area Committee, and the Committee shall
give effect to all such directions.
Power to issue
guidelines, circulars and
directions
31. The Director
General may issue
such guidelines, circulars or directions as may be necessary
or expedient for the purpose of carrying out the provisions of this Act.
Power to make
regulations
32.
The Minister
may make such regulations as may be necessary or expedient for the purpose of
carrying out or giving effect to the provisions of this Act.
Savings provision
33. (1) Every
person who was
appointed under the
Essential (Rukun Tetangga) Regulations
1975 [P.U. (A)
279/75] shall continue to be a
Director or an officer under this Act as if he had been appointed under section
3 of this Act.
(2) All designation
of Areas, appointment of
Rukun Tetangga Area Committees,
approval of Voluntary Patrolling Schemes and appointment of
members of Voluntary Patrolling
Schemes made before the
commencement of this Act shall continue under this Act and be subject to the
provision of this Act as if the designation, appointment and approval had been
made under this Act.
Continuance of
act and action
34. Any act done
or action taken by the Director General or any Director prior to the
commencement of this Act shall be deemed to have been done or taken, and may be
accordingly continued by the Director General or Director, under this Act.
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