Below are part of the related MBSA key guidelines outlined for your ref:
*Penghuni yang tidak menyertai skim serta orang awam tidak boleh dihalang sama sekali pada bila-bila masa...
*Pengawal keselamatan TIDAK BOLEH menghalang mana-mana kenderaan untuk keluar masuk, dan TIDAK DIBENARKAN memeriksa atau mengimbas sebarang dokumen pengenalan...
So it is very clear here, that the security guards cannot block roads or vehicles from moving in and out.
Non-paying residents cannot be stopped at all from entering their residence at all times.
The usage of automatic access card system is prohibited.
Security guards are not allowed to scan or take a picture of any identification document.
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*iv) "Penggunaan kad akses (automatic) dilarang sama sekali"
* v) "Tidak dibenarkan menghalang kenderaan keluar/masuk ke kawasan berkenaan"
*vi) "Penghuni yang tidak menyertai skim ini tidak boleh dihalang sama sekali memasuki kediaman mereka pada bila-bila masa"...
*(Sumber: Manual Garis Panduan GC MPK; Terimakasih & Penghargaan kpd MPK)
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So it is very clear here, that the security guards cannot block roads or vehicles from moving in and out.
Non-paying residents cannot be stopped at all from entering their residence at all times.
The usage of automatic access card system is prohibited.
Security guards are not allowed to scan or take a picture of any identification document.
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There is a lot of confusion when it comes to this "GnG" subject. This lack of clarity and knowledge by the communities have been used by unscrupulous RAs to bully its non-paying residents and the surrounding communities.
When we want to talk about this subject, we need to define first whether we are referring to a "formal GC scheme" or an "informal GC scheme"? They are both very different and should not be mixed up. There is a big difference between "formal" gated communities and "informal" gated communities...
Due to the lack of understanding and awareness by the public, corrupt RAs have been taking advantage of the situation to coerce residents to sign up their bogus scheme by flouting the guidelines and breaking the laws.
All formal gated communities that are managed by Management Corporation (MC) or Joint Management Body (JMB), are legal GnG schemes protected and bound by the Strata Title Act 1985 and the Strata Management Act 2013.
So, security guards on duty in a formal gated community have the right to block roads or anyone from entering, and demand visitors for their MyKad or Driving License for identification. It is also legal for a formal gated community to implement access card system for its residents. (As for visitors who want to enter, they have to give their MyKad or driving license to the security guard on duty so that he can record down the details in their log book. It is only right.)
However "informal gated community" schemes that are operated by Residents Associations (RA) in non-private housing areas are not legal gated communities at all. Actually, these so-called "GnG" schemes implemented by RAs are against the laws and guidelines. Security guards in an "informal gated community" have no right to block any roads or anyone from access. [Sek 80 Akta Pengangkutan Jalan 1987 (Akta 333) and Sek 46 (1) Akta Jalan, Parit & Bangunan 1974].
They also have no right to ask for your MyKad or Driver's License for identification. No one can ask for your identification except for authorized officers of the law (as stated in Regulation 7 below). Regulation 7 of the Peraturan-Peraturan Pendaftaran Kebangsaan 1990 clearly states that security guards (or any persons) are not allowed to conduct checks on your identity, let alone request for any kind of identification documents.
Regulation 7 also explicitly states that only certain officers are allowed to inspect the identity of a person and request the person to produce his/her MyKad for inspection. These officers include:
- registration officers (of the National Registration Department of Malaysia or JPN)
- police officers (PDRM)
- customs officers/ immigration officers
- members of the Armed Forces on duty
- public officers authorized by the Director General
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AskLegal.myby Denise C
https://asklegal.my/p/neighbourhood-security-guards-registration-block-roads-malaysia
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"Both the GnG schemes must be differentiated as they are not the same..."
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What your RA won't tell you :-
- That it is illegal to block public roads in residential areas (only allowed in private property /residences)
- That it is an offense for security guards to ask for I.C. or driving license even for recording purposes only (only allowed in strata or private GC residences)
- That auto access card system is prohibited and illegal (only legal in strata and/or formal GC residences)
- That they have no right to stop non-participating residents or any law-abiding citizens access
- That rightfully, they can only apply for a Guarded Neighbourhood GN scheme (classified as an Informal GC scheme)
- That they are required to put up a Notice Board containing all relevant information (please refer below guidelines by one of the local councils)
- If they have obtained all the necessary requirements & approvals from the relevant authorities
- That all their security guards have license and have undergone all checks, tests and other requirements from KDN
- How much money they are making every year from operating these schemes
- That they have their own personal selfish agendas to fulfill and are profit driven
- How lucrative is this industry and how easy it is for them to bs the residents
- That many residents have dropped/opted out of the scheme along the way and they no longer have enough consensus to operate
- That their GN scheme approval is actually on a temporary basis
- Not only is their scheme unlawful, it is also discouraged by the government and is actually against the National Unity Blueprint
- That there are other neighborhood watch schemes such as Rukun Tetangga, Skim Rondaan Sukarela SRS and Community Policing CP that don't cost any monthly fee at all.
- Yes... you can guess a few more (or you can read about them from the media)
Hope this is as clear as it can get...
