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Auxiliary Fire Officer Regulations 2014

Key information

Source
AGC - P.U. (A) 125
Gazette
P.U. (A) 125/2014
Made
29 April 2014

Auxiliary Fire Officer Regulations 2014: Governs the appointment, training, duties, allowances and discipline of Auxiliary Fire Officers.

Regulation 1. Citation

  • These regulations may be cited as the Fire Services (Auxiliary Fire Officer) Regulations 2014.

Regulation 2. Interpretation

  • In these Regulations, unless the context otherwise requires—
    • “the Act” means the Fire Services Act 1988 [Act 341];
    • “Director General” has the meaning assigned to it under section 2 of the Act;
    • “Minister” means the Minister charged with the responsibility for Fire and Rescue Department.

Regulation 3. Appointment of an Auxiliary Fire Officer

  • (1)
    A person may apply to the Director General to be appointed as an Auxiliary Fire Officer if—
    • (a)
      he is eighteen years old and above;
    • (b)
      he is a citizen; and
    • (c)
      he is not a member of the Armed Forces of Malaysia or any force or volunteer scheme established under any written law.
  • (2)
    An application under subregulation (1) shall be made in a form as determined by the Director General.
  • (3)
    Upon such application, the Director General may, with the concurrence of the Minister, appoint or refuse to appoint the person referred to in subregulation (1) as an Auxiliary Fire Officer.
  • (4)
    Upon such appointment, the Director General shall issue a certificate of appointment as specified in the First Schedule to an Auxiliary Fire Officer.

Regulation 4. Training

  • (1)
    Upon the issuance of certificate of appointment under subregulation 3(4) to an Auxiliary Fire Officer, the Director General shall require the Auxiliary Fire Officer to undergo any necessary training which the Director General thinks fit for the duties which he may be called upon to perform.
  • (2)
    Notwithstanding subregulation (1), the Director General may exempt an Auxiliary Fire Officer from undergoing such training.

Regulation 5. Leave for training or duty

  • (1)
    Every employer shall, if any person in his employment who is an Auxiliary Fire Officer is called up for training or duty under these Regulations, grant such person leave for the duration of the period of the training or duty to enable him to undergo such training or duty.
  • (2)
    The period of training or duty shall not exceed ten working days at any one time.
  • (3)
    No employer shall—
    • (a)
      subject to subregulation (4), make or cause to be made any undue transfer or deduction from the pay, other remuneration or annual leave of such person;
    • (b)
      impose or cause to be imposed upon, or exact from, such person any penalty; or
    • (c)
      change the terms and conditions of the employment of such person to his prejudice,
  • solely by reason of his absence from work during the period of training or duty.
  • (4)
    An employer who is within the definition of the Employment Act 1955 [Act 265], the Sabah Labour Ordinance [Cap. 67] or the Sarawak Labour Ordinance [Cap. 76] may deduct the pay or other remuneration of such person who undergoes the training or duty under subregulation (1).
  • (5)
    An employer who—
    • (a)
      directly or indirectly refuses or, by intimidation, undue influence or in any other manner, interferes with the granting to any person of the period of leave required under subregulation (1); or
    • (b)
      contravenes subregulation (3),
  • commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or imprisonment for a term not exceeding six months or to both.
  • (6)
    The court which convicts an employer for an offence under subregulation (5) for the contravention of subregulation (3) may order the employer to pay to the person referred to in subregulation (3) the pay and other remuneration to which that person is entitled during the period of training or duty.

Regulation 6. Prohibition of dismissal of employees by reason of training or duty

  • Every employer who dismisses a person who is an Auxiliary Fire Officer from his employment mainly by reason of the person being called up for training or duty under these Regulations commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or imprisonment for a term not exceeding six months or to both.

Regulation 7. Resignation of an Auxiliary Fire Officer

  • (1)
    An Auxiliary Fire Officer may at any time resign as an Auxiliary Fire Officer by giving written notice to the effect to the Director General.
  • (2)
    The Director General, upon receipt of the notice under subregulation (1), shall serve a notice on the Auxiliary Fire Officer resigning informing him that he has been discharged from being an Auxiliary Fire Officer and thereupon such person shall cease to be an Auxiliary Fire Officer.
  • (3)
    A person who has ceased to be an Auxiliary Fire Officer under subregulation (2) shall, within fourteen days after he ceases to be an Auxiliary Fire Officer, surrender the certificate of appointment issued to him under these Regulations.

Regulation 8. Revocation of appointment of an Auxiliary Fire Officer

  • The Director General may revoke the appointment of any Auxiliary Fire Officer if—
    • (a)
      he dies;
    • (b)
      there has been proved against him, or he has been convicted of, a charge in respect of—
      • (i)
        an offence involving fraud, dishonesty or moral turpitude;
      • (ii)
        an offence under any law relating to corruption; or
      • (iii)
        any other offence relating to criminal;
    • (c)
      his conduct, whether in connection with his duties as an Auxiliary Fire Officer or otherwise, has been such as to bring discredit to the Fire and Rescue Department;
    • (d)
      he becomes a bankrupt;
    • (e)
      he is of unsound mind or is otherwise incapable of discharging his duties;
    • (f)
      he has contravened any provision of these Regulations;
    • (g)
      he has breached any provision of the code of conduct as the Director General may determine;
    • (h)
      he has breached any provision of the Standing Orders issued by the Director General;
    • (i)
      he has provided false, misleading or inaccurate documents or information in his application under regulation 3; or
    • (j)
      his resignation is accepted by the Director General.

Regulation 9. Duties and powers of an Auxiliary Fire Officer

  • (1)
    The duties of an Auxiliary Fire Officer shall include—
    • (a)
      the taking of lawful measures for—
      • (i)
        extinguishing, fighting, preventing, and controlling fires; and
      • (ii)
        protecting life and property in the event of a fire; and
    • (b)
      performing humanitarian services, including the protection of life and property in any calamity.
  • (2)
    An Auxiliary Fire Officer may, in addition to his duties under subregulation (1), perform such other duties as may be directed from time to time by the Director General.
  • (3)
    In performing his duties, an Auxiliary Fire Officer shall have the same powers provided under sections 18 and 19 of the Act.

Regulation 10. Allowance

  • An Auxiliary Fire Officer who is on duty or training shall be paid an allowance as prescribed in the Second Schedule.

Regulation 11. Discipline

  • An Auxiliary Fire Officer shall abide by the code of conduct of an Auxiliary Fire Officer as determined by the Director General.

Regulation 12. Right to appeal

  • Any person who is aggrieved by the revocation of appointment as an Auxiliary Fire Officer under regulation 8 may, within twenty-one days from the date of notification of the revocation, appeal in writing to the Minister, whose decision shall be final.

Regulation 13. Uniform, rank markings and identification card

  • An Auxiliary Fire Officer shall be supplied with uniform, rank markings and identification card as prescribed by the Minister in any regulations made under the Act.

Regulation 14. Uniform, rank markings and identification card to be delivered upon ceasing to be an Auxiliary Fire Officer

  • (1)
    When an Auxiliary Fire Officer ceases to be an Auxiliary Fire Officer he shall, within twenty-one days, deliver to the State Directors his uniform, rank markings and identification card which has been supplied to him.
  • (2)
    An Auxiliary Fire Officer who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or imprisonment for a term not exceeding six months or to both.

Regulation 15. Director General’s Standing Orders

  • The Director General may issue administrative orders to be called “Standing Orders” which are consistent with the Act or these Regulations on the general control, duties and training of an Auxiliary Fire Officer.

Regulation 16. The Public Authorities Protection Act 1948

  • The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Director General or any Auxiliary Fire 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.

First Schedule [Subregulation 3(4)] — Certification of appointment of an auxiliary fire officer

Second Schedule [Regulation 10] — Allowance