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Gated and Guarded Communities Bill 2009

Gated and Guarded Communities Bill 2009

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Published by nyghtsky
2009 Gated and Guarded Communities Bill
2009 Gated and Guarded Communities Bill

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Categories:Types, Research, Law
Published by: nyghtsky on Aug 10, 2009
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11/18/2012

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A Draft of the GATED AND GUARDED COMMUNITIES BILL/Act 2009 prepared byMr Mah Weng Kwai (Past President LAWASIA, Malaysian Bar Council, TRA), is nowready for viewing (refer below) and discussion . Members of our "Tropicanacommunity", members of the public, affected and interested parties especially lawyersand those from the Real Estate Industry are invited to email their comments andsuggestions to: mahwengkwai@mwksm.com & lyevic@gmail.com , so that we can finetune the details of the Bill. When we are ready, we shall forward the finalized bill to theappropriate authorities for further action.Below is the Summary of Contents for the bill followed by the proposed Act .
GATED AND GUARDED COMMUNITIES BILL 2009 ARRANGEMENT OFCLAUSESPART I
 
 PRELIMINARY Clause
1. Short title, application and commencement 2.Interpretation
PART II
 
 APPLICATION FOR APPROVAL OF GATED AND GUARDEDCOMMUNITY 
3. Application for new development 4. Application for existingdevelopment
PART III
 
 SECURITY SERVICES AND FACILITIES 
5. Law governing security guardsand security companies 6. Uniform, badge and emblem 7. Authorization of the securityguards 8. Use of guard dogs 9. Possess, carry or use arms or ammunition 10. Arms not to be discharged except at shooting range, etc. 11. Causing injury with an arm withoutlawful excuse 12. Powers of arrest, stopping and detention. 13. Power to stop and searchfor arms, etc. 14. Persons arrested to be taken to police station. 15. Power to stopvehicles. 16. Power to require the production of national registration identity card withingated and guarded community area 17. Power to require the production and inspection of driving licence 18. Special powers. 19. Barriers, boom gates, etc. 20. Guardhouses 21.Fencing
PART IV
 POWERS AND DUTIES OF THE PUBLIC AUTHORITIES 
22. Control of  public place, etc. within the residential community area
PART V
 
 MISCELLANEOUS 
23. By-laws 24. Publication of by-law, rule or regulationin the Gazette constitute notice. 25. General penalties.A BILL intituled An Act to allow for the installation of barriers and/or boom gates at theentry and exit point of a residential community area and the appointment of securityguards to operate the barriers and/or boom gates and to patrol the residential communityarea. [ ] BE IT ENACTED by the Seri Paduka Baginda Yang Di Pertuan Agong with theadvice and consent of Dewan Negara and Dewan Rakyat in Parliament assembled, and bythe authority of the same, as follows:PART I PRELIMINARY
 
Short title, application and commencement 1.
(1) This Act may be cited as the Gatedand Guarded Communities Act 2009. (2) This Act shall apply to West Malaysia only. (3)This Act shall come into operation on a date to be appointed by the Yang Di PertuanAgong by notification in the Gazette. 
Interpretation 2.
(1) In this Act, unless the context otherwise requires:- "ammunition"means ammunition (including blank ammunition) for any arm as hereinafter defined, andincludes grenades, bombs and other like missiles, whether capable of use with arms or not, and any ammunition containing, or designed or adapted to contain any noxiousliquid, gas or other thing; "arm" means any lethal barrelled weapon of any descriptionfrom which any shot, bullet or other missile can be discharged, or which can be adaptedfor the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted or which can be adapted for the discharge of any noxiousliquid, gas or other thing, and includes an air gun, air pistol, automatic gun, pistol and anycomponent parts of any such weapon, and any accessory to those weapons designed or adapted to diminish the noise or flash caused by firing the weapon; "arms licence" meansa licence granted under section 4 of the Arms Act 1960; "arms permit" means a permit tocarry and use arms and ammunition granted under section 4 of the Arms Act 1960;"authorized officer" means:- (a) any police officer; (b) any person holding a commissionin any of the armed forces or in any local force constituted under any written law; (c) anymember of the armed forces or of any local force constituted under any written law performing the duties of a guard or sentry in any protected place or protected area inaccordance with orders issued by a person holding a commission in any of the armedforces or of any local force constituted under any written law; "Chief Police Officer"includes a Commissioner of Police vested with the control of the Royal Malaysia Policein respect of any area or State; "community" means a neighborhood, a society or group of  people with similar rights or interests; "developer" means any person or body of persons(by whatever name described), who develops any land for the purpose of accommodationand includes the executors, administrators and successors in title or permitted assigns of such person or body of persons; "gated and guarded community" means a developmentarea having a cluster of houses that are surrounded by a wall or fence with the entry to or exit from the area controlled by certain measures or restrictions such as guard houses or  boom gates or chains which includes 24 hours security, guard patrols, central monitoringsystems and close circuit televisions; "local authority" includes any person or body of  persons appointed under any written law to exercise and perform the powers and dutieswhich are conferred and imposed on a local authority under any written law; "residents'association" means an association formed by groups of people from a specific localitywho come together to address issues within their local area and act as a voice for their local community; "residential community area" means a gated and guarded communitydevelopment declared to be such under this Act.
PART II APPLICATION FOR APPROVAL OF GATED AND GUARDEDCOMMUNITYApplication for new development 3
. (1) An application for approval of a new gated andguarded community development shall be made by the developer to the local authority.
 
(2) The developer shall inform buyers of the conditions of a gated and guardedcommunity development through provisions in the sale and purchase agreementsespecially on matters relate to the cost of maintaining the security services. (3) Theapproval for a new gated and guarded community development shall be allowed for residential community area only. Application for existing development 4. (1) Anapplication for approval of an existing gated and guarded community development shall be made by the registered residents' association only to the local authority. (2) Consent of at least eighty five per centum of the registered owners of the existing gated and guardedcommunity development must first be obtained before an application for the approval of an existing gated and guarded community development is made. (3) The approval for anexisting gated and guarded community development shall be allowed for residentialcommunity area only.
PART III SECURITY SERVICES AND FACILITIESLaw governing security guards and security companies 5.
Unless otherwise provided,the security guards and security companies shall be governed and regulated by the provisions under the Private Agency Act 1971.
Uniform, badge and emblem 6.
Subject to any law relating to uniform, badge or emblem, any uniform, badge or emblem intended to be worn by the security guards shallfirst be approved by the local authority.
Authorization of the security guards 7
. The Inspector General of Police, any Chief Police Officer and any police officer of or above the rank of Assistant Superintendentempowered in that behalf by the Inspector General of Police or a Chief Police Officer,may upon any application by the security companies authorize any person performing theduties of a guard in a gated and guarded community to exercise the powers of anauthorized officer.
Use of guard dogs 8
. (1) A security guard shall not use a guard dog either on static or  patrol duty at any place in the gated and guarded community unless the security guard iscapable of controlling the dog and the dog is under the security guard's control at alltimes while it is secured so that it is not at liberty to go freely.(2) The security guard of a guard dog shall keep the dog under control at all times while itis being used as a guard dog at any place in the gated and guarded community except: (a)while another security guard has control over the dog; or (b) while the dog is secured sothat it is not at liberty to go freely.(3) A residents' association shall not use or permit the use of a guard dog at any place inthe gated and guarded community unless a notice containing a warning that a guard dogis present is clearly exhibited at each entrance to the gated and guarded community.
Possess, carry or use arms or ammunition 9.
(1) Subject to this Act and any regulationsmade hereunder, no security guard shall have in his possession, custody or control any

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