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RECENT PRESS  RELEASE FROM LITRAK
DECEMBER 2009

TTDI INTERCHANGE UPGRADING PROJECT
ROAD DIVERSION

Lingkaran Trans Kota Sdn Bhd ( Litrak ) will be implementing traffic diversion at Taman Tun Dr Ismail Interchange Project site along the LDP from 12 December 2009 to 11 January, 2010 to facilitate the next stage of elevated highway construction.

As part of the on-going upgrading works to the Taman Tun Dr Ismail (TTDI) Interchange, a Traffic Management Plan involving a minor diversion in the traffic movement at the TTDI Interchange in the direction from Kelana Jaya to Kepong (North bound) and Taman Tun Dr Ismail to Bandar Utama will be implemented.

Users are advised to adhere to the traffic signs posted when approaching the construction site.

All existing local roads connected to the LDP will remain as status quo during this stage of works. However, it is advisable that road users seek alternative routes during this period of construction to avoid converging at the interchange during peak hours.

The possible alternative routes are stated below:

MAJLIS MESRA SILATULRAHIM

Date: 14 December 2009 (Monday)
Time: 8:00 pm
Venue: BAKTI-TTDI Compound (behind Mosque)
Jalan Datuk Sulaiman

In spite of the heavy downpour which stopped just in time before the event started and the fact that it was a working day, some 500 residents of all races attended the Majlis Mesra Silatulrahim at the Bakti Compound that evening. It was jointly organized by a number of local organizations like the Badan Kebajikan Islam TTDI (Bakti-TTDI), Parent-Teacher Association of SMK TTDI, UMNO TTDI, TTDI Pasar Besar Market Traders Association, the Police, BOMBA, DBKL Segambut Branch, Religious School Management Board TTDI and of course TTDI Residents' Association.

This is kind of a belated celebration for the Hari Raya Aidilfitri and Hari Raya Aidiladha. On hand to join in the celebration was the Federal Territories & Urban Wellbeing Minister Datuk Raja Nong Chik Raja Zainal Abidin. In his address, the minister encouraged the organization of such events as he believed it sustained the spirit of unity which is the key to the country's stability and harmony.

There were a wide variety of food for all to savour, and children from the local schools also put up a number of performances, songs and dances for the entertainment of the crowd present.

Jointly Organized by:

KEJOHANAN FUTSAL TAHUNAN 2009
Di Taja oleh CIMB FOUNDATION

Venue: Sports City Futsal Centre, Lot 5, Jalan 13/2, Seksyen 13
46100 Petaling Jaya.
Date: Saturday, 19 December 2009
Starting Time: 9:00 am

By the kick-off time for our 1st Futsal Championship, a total of sixteen (16) teams comprising eight players each (five players per team with three reserves) had signed up for the tournament which offered a prize money of RM1,000.00 for the champion. This tournament is organized by the TTDI Residents' Association and sponsored by the CIMB Foundation.

The sixteen teams were divided into four groups. The four teams in each group played each other in a round-robin manner to decide the winners and runners-up in each group. After that in the Quarter-Finals, the winners and runners-up in the groups competed amongst themselves for the right to enter the Semi-Finals. From the Quarter-finals onwards, the knock-out system applied.

The teams (mostly TTDI-based) which participated were as follows:
GROUP A
Mohsin FC, Bakti TTDI, Iqra' FC, Blackburn Malaysia;
GROUP B
Putera Al-Gulfran, ABM, Muhammad Husni, Seven Days;
GROUP C
A.O.A., Pemuda UMNO, Al-Gulfran FC, Mumtaz FC;
GROUP D
Makbul FC, Polis, D'Bankers, D'Stadium.

All the games were played in the indoor courts at the Sports City Futsal Centre located in Seksyen 13, Petaling Jaya. Each game lasted only 10 minutes, with 5 minutes in each half. Though the duration was short, but all the games were played at a quick and furious pace.

After two and a half hours of hard and exciting competition, the teams that qualified for the Quarter-Finals were Mohsin FC, Blackburn Malaysia, Putera Al-Gulfran, Seven Days, Pemuda UMNO, Mumtaz FC, D'Bankers and D'Stadium.

After that it was followed by the Quarter-Finals and Semi-Finals. In the Finals, Pemuda UMNO beat Putera Al-Gulfran 6-1, while Al-Gulfran FC pipped D'Stadium 2-1, to enter the Finals. In the fight for 3rd/4th placing, D'Stadium and Putera Al-Gulfran played to a 2-2 draw at the end of full-time. D'Stadium however emerged victorious in the subsequent penalty shoot-out, winning 3-1.

In the finale of the day, after an exciting and hard-fought competition, Al Gulfran FC beat Pemuda UMNO 4-3 to emerge Champions of the competition and winner of the RM1,000.00 prize money. TTDI RA Chairman, Datuk Abdul Latif Mohd Som was on hand to congratulate the winners and present the winners with their prize money.

The whole competition was played in a friendly and sporting spirit though the effort, enthusiasm and zeal displayed by the players were no less spectacular. It is a pity that there were not more residents there to witness the matches.

TTDI SECURITY – WHITHER FROM HERE?

OBJECTIVE
This report seeks to review the security patrol scheme now in place at TTDI and report on the need for a more effective scheme in line with the present security scenario and to meet the general expectations of residents in TTDI which yet does not run foul of existing laws and regulations.

DEVELOPMENTS TO DATE
After being made aware of a trend of increasing crime rate in TTDI and from a general consensus at the AGM, TTDIRA arranged for the Security Patrolling Scheme in 2006. HOMEGUARDS, managed by Sri Lara Joint Security Company was appointed for all six zones within TTDI to undertake the task of security patrolling in the six zones. The rates quoted by the various security firms who tendered for the task were very close and competitive, but Sri Lara has the distinct advantage of being the only security company which agreed to also undertake the arduous task of collecting the monthly subscription fees directly from the subscribing residents.

After some encouraging perform-ance initially, the security situation has gradually deteriorated and residents now demand for a more intensive security scheme. This is not totally unexpected as less than a quarter of the total households are paying for the patrolling scheme that covers the whole TTDI. Consequently, during the April 2009 AGM, the Security Sub Committee was expanded with the inclusion of members from all six zones to review and recommend to the TTDIRA possible improvements to the security scheme. The proposal from the Sub Committee is for a “Gated and Guarded” (G&G) type of scheme.

To date, no zone has managed to implement such a G&G scheme yet though several sections of TTDI have in fact started on such schemes under the initiative of a number of individuals. It is understood that all the roads in Rahim Kajai, including Lengkok Aminuddin Baki and Lorong Aminuddin Baki 4 are now under a G&G scheme managed by a different security company. Part of Zone Datuk Sulaiman, viz. Jalan Datuk Sulaiman 1, 3, 4 and 6 are also having a separate security arrangement from the HOMEGUARDS scheme.

While there are very strong proponents and supporters of such G&G schemes, there are others equally opposed to and against such restrictive proposals. And as usual in between there is the deafeningly "silent majority" block, whose intentions are not clearly known except maybe that they are not prepared to pay the higher subscription fees for the G&G schemes. Under such circumstances and the diverse expectations of the residents, TTDIRA faces a dilemma on how to take the lead and coming up with a scheme that will be acceptable and supported by all.
The operation and working of G&G schemes are designed principally for condominiums or apartment develop-ments. Furthermore, the "open" layout of TTDI with its many entrances into and exits from the development poses a real challenge to the design of a suitable, viable and cost-effective G&G type of scheme, in addition to a host of issues relating to existing laws and regulations.

ISSUES RELATING TO IMPLEMENTATION OF G&G SECURITY
SCHEME AT PUBLIC AREAS
TTDIRA is an organization established and registered under the Societies Act. The provisions of the Act imposes very clear liability, including accountable for criminal liability, not only from actions by the Association or the Executive Committee but also by individual members. This being the case, it is necessary for a review of the possible statutes that will have to be considered before TTDIRA undertakes any such G&G scheme. It must be appreciated that the area involved is a public area and the roads to be guarded are also public roads. The consequence of ignoring these laws can have far reaching legal implications, including both civil and criminal liability on those responsible for initiating and managing such security schemes.

Generally, the effect and implica-tions of existing legislations on such G&G type of schemes if implemented by TTDIRA that needs to be considered are discussed below:

i) Street, Drainage & Building Act 1974

Clause 46 of this Act clearly stipulates that any person who “builds, erects, sets up or maintain or permits to be built, erected or set up or maintained any wall, fence, rail, post or any accumulation of any substance, or any obstruction, in any public place” shall be guilty of causing an obstruction and may be arrested without a warrant by a police officer or any officer or employee of the local authority.

The Act further interprets “public place” to mean “any street, park, garden, ….or any place to which the public has access”.

The erection of barricades and even the placement of cones on public roads within the jurisdiction of the local authority clearly runs foul of the above legislation.

ii) Employment Act 1955

Most security guards are paid not more than RM1,500 per month. This being the case, all such guards will fall within the ambit of the Employment Act. All such guards shall be entitled to all benefits under the said Employment Act.

Section 60A(8) of the Act gives exemption from normal working hours to those engaged in work which by its nature involves long hours of inactive or stand-by employment. This section would normally apply in respect to security guards at private buildings and areas.

The security guards employed at TTDI will have to undertake patrol duties on motor-cycles. It is obvious that the exemption under Section 60A(8) cannot apply in respect to such security guards. Further such security guards are on motor-cycle duty on public roads. It must therefore be accepted it would be considered unreasonable to allow security guards on duty beyond the normal limit of eight hours to be on the road on motor-cycle.

If such a guard is involved in an accident, the legal implications can be serious. There will also be civil liability. In cases of serious injury, those affected including the guard or the road-user affected may resort to legal action against the security company and depending on the depth of involvement of the organizers for damages. In the event of death arising from such a situation the dependents of the deceased may also resort to legal action for damagers. This claim can be against those involved individually or severally.

Public reaction to such incidents can seriously harm the image of TTDIRA, if it is directly involved.

iii) Industrial Relations Act 1967

Security Guards called to undertake patrol duty on public roads after the normal working hours, may be able to refuse such duty. If the arrangement continues, the guard may be able to go on "constructive dismissal" and seek redress from the Industrial Court.

iv) Occupational Safety and Health Act (OSHA) 1970

In cases involving occupational safety and health, the security firm and its employees are deemed to be employees of the Principal Employer. In this case, TTDIRA can be deemed to be the Principal Employer. However normally the immediate employer, namely in this case the security firm, is engaged for work at a place the Principal Employer has control. This would apply at private areas such as condominiums.

The situation becomes complex and complicated when TTDIRA arranges for work at a public place without due approval from the relevant authorities.

The obligations of both Employers, Principal and Immediate, under OSHA, is far reaching and the penalties are severe and includes imprisonment. If TTDIRA takes on the responsibility of engaging, collecting monthly security fees and managing the security scheme directly, then TTDIRA can be deemed to be the principal Employer.

v) Service Tax Act 1975

If TTDIRA takes on the responsibility of organizing the security scheme, collect monthly fees, especially from non-members, TTDIRA may become liable for compliance with the Service Tax Act requirements. In all such cases the PERSON responsible becomes liable.

vi) Income Tax Act 1967

If TTDIRA takes on the responsibility of organizing the security scheme, collect monthly fees, especially from non-members then TTDIRA may become liable for income tax payment, if collection from subscribing households is in excess over payment to the security firm. In all such cases, the principal office bearers become liable.

vii) Road Transport Act 1987

There are also provisions of the Road Transport Act in respect of obstructions of public roads in such a manner as to be likely to cause danger to persons or damage to vehicles using the road and on conviction shall be liable to a fine or to imprisonment, or to both.

viii) Societies Act 1966

The Societies Act very clearly hold the principal committee members, more so those responsible for the management of TTDIRA responsible individually in respect to any action deemed to be criminal in nature, though such action may have been decided at a committee meeting level.

ix) Criminal Liability

If an accident occurs resulting in injury to road users as a result of the G&G scheme, the TTDIRA officials, being organizers of the scheme, become liable.

x) DBKL Approval

We have applied for and DBKL may give approval for the two schemes in Rahim Kajai and Datuk Sulaiman. It must be appreciated that this approval even if given, can only imply that DBKL will refrain from taking action on TTDIRA for taking over control of the public roads and blocking the passage of others.

Such DBKL approval do not exempt nor protect TTDIRA or its officials from legal action in respect of criminal offences such as injury or death caused to road users due to restrictions or obstructions on public roads.

xi) Authority of Police

The police can and will act if there is an accident. TTDIRA officials can be held liable. The consequences can be serious in cases of serious injury or death.

xii) Civil Liability

Again TTDIRA officials can be held for civil liability in cases of accidents resulting in serious injury or death.

xiii) TTDIRA Constitution

TTDIRA will have to operate within the limits of the TTDIRA Constitution. TTDIRA is to work within Article 2 of the Constitution and generally all activities shall be limited to members. Fees shall also be approved at a General Meeting and shall only apply to members.

Can TTDIRA collect fees from residents who are non-members? What if non-member subscribers to the scheme do not pay the monthly fees, but the commitment to the security firm must still be met? The savings of TTDIRA which is members’ money will have to be paid out for non-members.

CONCLUSION
The above would have been eye-opening and at the same time depressing reading for many, but there is no denying the fact that whatever decisions on security schemes arrived at will have to incorporate the following principles:

· It is obvious that TTDIRA can deal with matters only in respect to its members - TTDIRA cannot act for non-members;

· It is also important that TTDIRA be not directly responsible for the collection of monthly fees and management of the security scheme;

· And whatever scheme we finally come up with, TTDIRA must also comply with the many relevant laws and regulations. Granting of permission for the security scheme by DBKL cannot and will not exempt the Association from the responsibility and liability of individual members of the committee from legal action including fine and imprisonment, though the decision and action is taken collectively by the committee.

RECOMMENDATIONS
TTDIRA must review and take into consideration all the relevant laws applicable in respect to public roads and public places. It would appear that taking over public roads and public places, though with good intentions, will expose the Association to liability for any act that may offend related laws. The liability and punishment to individual members of the executive committee is severe and far reaching.

TTDIRA, no doubt, will be under great pressure to shoulder the responsibility to improve the security situation. All such responsibilities must strictly be restricted to the act of coordinating security activities that does not offend the law and regulations. Whatever schemes implemented must be on a zone basis and not for selected parts or streets only. This is to ensure that no pocket areas of TTDI might be left out on the final count.

TTDIRA should consider reviewing the existing patrolling scheme as follows:

a) Arrange for manned check points at selected strategic road junctions. There shall be no gates or barricades but “cones” to check on movement of traffic.

b) Area patrolling shall continue to be implemented.

c) Install CCTV cameras to cover all major entrances and manage the CCTV system through a control centre.

d) The initial costs to establish the CCTV system and control centre may be obtained through donations from large corporate organizations such as banks and business concerns.

e) The recurring operating expenses to be paid for by residents. Like the saying goes, we plan for the worst but hope for the best. It is all very well to put in place all types of plans for the security of our community, but if we do not get the necessary support and commitment from all residents to make it a success, it will still come to nothing. The plan above we believe is a good compromise between those strongly for the G&G scheme and those against it. And we have a final plea to the “silent majority” to stand up and be counted.

The above article is written by non-legal professionals; though the authors had taken great pains to research the correctness of the contents, the authors will disclaim all liabilities for damages or losses as a result of this article.

Launch of TTDIRA Plot in "Hutan Kita" Programme

Date: Saturday, 25 July 2009; Time : 10:30 am
Venue: Bukit Kiara Hill Trail

The reforestation programme of Bukit Kiara to replace old rubber trees with new jungle trees named "Hutan Kita" by the National Landscape Dept. was officially launched on 15 February 2009 by none other than the then Prime Minister, Tun Abdullah Badawi himself. This was followed-up with tree planting events sponsored by various corporate bodies, one of which was graced by YAM the Yang Di-Pertuan Agong.

Being a staunch supporter of this scheme, the TTDIRA adopted a whole plot meant for 500 trees and launched this Plot H14 in the Bukit Kiara Park recently. The launch was Officiated by Director-General, National Landscape Dept., Dato’ Hj. Ismail bin Ngah. The event was given a festive air when the organizing Chairman, Francis Tan, burst into song, singing Happy Wanderer.

The Chairman of TTDIRA, Datuk Abdul Latif Mohd Som gave the welcoming address, followed by the keynote address by the Director-General himself. This was followed by the tree planting ceremony of some 150 trees that had been adopted. Our thanks to the Landscape Dept. and DBKL Cawangan Segambut for providing the tent and seating facilities as well as preparation of the planting materials.

The presence of large numbers of TTDI residents, as well as members of TTDIRA Exco and Friends Of Bukit Kiara clearly demonstrated their strong support for the scheme.

The reforestation programme is being undertaken as a public supported scheme whereby the public are invited to adopt and plant a tree each for a sum of RM60, which included a 3-year maintenance of the tree.

All in all, the Bukit Kiara planting site is divided into one-acre plots with allocations as follows:
1. Corporate Zone (58 hectares)
2. Private Zone (17.5 hectares)
3. Public Zone (19 hectares)
4. Commemorative Zone (2.5 hectares).

The TTDIRA is still actively helping to sell the trees to members, friends and residents. Private sector companies and individuals are encouraged to participate in this scheme and they could get in touch with Mr. Francis Tan, Hp No: 012- 2019 774.