Commissioning of officers
(1) The Yang di-Pertuan Agong may on the recommendation of the Armed Forces Council grant to any person a commission in the Army, Navy or the Air Force, as the case may be:
Provided that only persons being Malays shall be commissioned in the Royal Malay Regiment.
(2) Where the person granted a commission under subsection (1) is an officer in the volunteer forces, the Armed Forces Council may recognize the reckonable service, if any, of that officer, including his last rank and other matter connected therewith, as reckonable service.
(3) For the purpose of subsection (2), section 15 shall apply.
Types of commissions
(1) A commission granted under the provisions of the last foregoing section may be either for an indefinite period or for a specified time and shall in either case be in the form prescribed by regulations made under section 15 and shall be issued under the Sign Manual of the Yang di-Pertuan Agong and impressed with the Public Seal of the Federation.
(2) A commission issued for a stated period may be extended by the Yang di-Pertuan Agong for such period as may be deemed expedient.
Honorary commissions
The Yang di-Pertuan Agong may grant honorary commissions in the regular forces to such persons as he may think fit.
Cancellation of commissions
The Yang di-Pertuan Agong may on the recommendation of the Armed Forces Council at any time without assigning any reason therefor cancel any commission granted under the provision of this Part.
Appointment of midshipman and officer cadets
(1) A person may be appointed by the Armed Forces Council as a midshipman or officer cadet for an indefinite term of service or for a fixed term of service.
(2) A person under the age of seventeen and a half years shall not be appointed as a midshipman or officer cadet without written consent of his parents or of his guardian.
Officer cadet may purchase discharge
Subject to any regulations made under this Part, an officer cadet, other than a serviceman who has been appointed as an officer cadet, may, before the expiration of a period of three months beginning with the date of his appointment, apply to the competent authority for discharge and upon the consent of the Armed Forces Council and the payment of a sum not exceeding six months of his allowances as may be prescribed he shall be discharged with all convenient speed.
Cancellation of appointments
The Armed Forces Council may at any time, without assigning any reason therefor cancel any appointment made by them under section 10.
Promotion
(1) The Armed Forces Council or an officer authorized on its behalf may from time to time promote a naval cadet or midshipman up to and including the rank of acting sub-lieutenant.
(2) The Armed Forces Council or an officer authorized on its behalf may from time to time promote commissioned officers up to and including the rank of captain in the Army or its equivalent in the Navy and the Air Force, as the case may be.
(3) Promotion beyond the ranks specified in subsection (2) shall be by approval of the Yang di-Pertuan Agong on the recommendation of the Armed Forces Council.
Transfer from one Service to another or within the same Service
(1) A commissioned officer or a person appointed under section 10 may be transferred from one Service to another Service, or from one corps or branch to another corps or branch in the same Service, of the regular forces—
(a) with his own consent;
(b) by an order of the Armed Forces Council made with the approval of the Yang di-Pertuan Agong; or
(c) by an order of the Armed Forces Council or an officer authorized on its behalf at any time whilst a Proclamation of Emergency, issued under Article 150 of the Federal Constitution, is in force.
(2) Where a commissioned officer or a person appointed under section 10 is transferred to another Service, corps or branch he shall be subject to all the rules, regulations and orders applicable to such Service, corps or branch and the conditions of his service shall be varied so as to correspond with the general conditions of service of the Service, corps or branch to which he is transferred.
(3) No commissioned officer or person appointed under section 10 shall be transferred to another Service, corps or branch unless he would have been eligible for commissioning or appointment to that Service, corps or branch.
Attachment of officers
A commissioned officer or person appointed under section 10 may be attached temporarily from one Service to another Service or from one unit to another unit within the Service.
Regulations governing commissioning, etc., of officers
The Armed Forces Council with the approval of the Yang di- Pertuan Agong may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera governing the commissioning and appointment of officers, their terms of service, including the absorption, attachment and secondment of any officer to any body, force or service, promotion, advancement in rank, retirement, resignation, dismissal and such other matters as the Armed Forces Council may think necessary or expedient for the better carrying into effect the provisions of this Part.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
