Who may be enlisted
(1) Persons may be enlisted in the regular forces: Provided that only persons being Malays shall be enlisted in the Royal Malay Regiment. (2) Where the person enlisted under subsection (1) is a volunteer, the Armed Forces Council may recognize the reckonable service, if any, of that volunteer including his last rank and other matters connected therewith, as reckonable service. (3) For the purpose of subsection (2), section 36 shall apply.
Recruiting Authorities
Magistrates holding office in Malaysia and the undermentioned officers (referred to in this Act as “recruiting officers”) may enlist persons in the regular forces— (a) Senior Personnel Selection Officer and Personnel Selection Officers of the regular forces; (b) any officer of the regular forces specially authorized by the Armed Forces Council.
Mode of enlistment and attestation
(1) A person offering to enlist in the regular forces shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him; and a Magistrate or recruiting officer shall not enlist any person in the regular forces unless satisfied that such person has been given such a notice, understands it and wishes to be enlisted. (2) The procedure for enlisting a person in the regular forces shall be that set out in the First Schedule to this Act. (3) A recruiting officer shall not enlist any person under the age of seventeen and a half years without the written consent of his parents or of his guardian. (4) Where the recruiting officer is satisfied, by the production of a certified copy of an entry in the register of births or by any other evidence appearing to him to be sufficient, that a person offering to enlist has or has not attained the age of eighteen years, that person shall be deemed for the purposes of this Act to have attained or, as the case may be, not to have attained that age. (5) The date at which a person signs the declaration and takes the oath prescribed in an attestation paper shall be deemed to be the date of attestation of such person. (6) A Magistrate or a recruiting officer may at any time, if satisfied that an error in the attestation paper of a person which is not so material as to render it just that the person should be discharged, amend the error in the attestation paper, and the paper as amended shall thereupon be deemed valid as if the matter of the amendment had formed part of the original matter of such paper. (7) Where there are duplicate attestation papers signed and attested, this section shall apply both to such duplicates, and in the event of any amendment of an attestation paper the amendments shall be made in both the duplicate attestation papers.
False answers in attestation papers
(1) If a person knowingly makes a false answer to any question contained in the attestation paper which has been put to him by or by direction of the Magistrate or the recruiting officer before whom he appears for the purpose of being attested, he shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding two hundred ringgit or to both. (2) If a person commits an offence under this section and has been attested as a serviceman, he shall be liable, at the discretion of the competent authority, to be proceeded against before the court of a Magistrate or to be tried by court-martial for the offence.
Unlawful recruiting or interference with recruiting
If a person without due authority— (i) publishes or cause to be published notices or advertisements for the purpose of procuring recruits for the regular forces; (ii) opens or keeps any house, place of rendezvous, or office for the purpose of recruiting such forces; (iii) receives any person under any such notice or advertisement as aforesaid; or (iv) directly or indirectly interferes with the recruiting service of such forces, he shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand ringgit or to both.
Enlistment in the Army to be in a particular corps
(1) A person enlisted for service as a soldier shall be enlisted in a particular corps of the Army and shall serve in such corps for the period of his full-time service whether during the term of his enlistment or during any period of re-engagement unless he is transferred to another corps in accordance with the provisions of the next following subsection: Provided that a person enlisted for service as a soldier before attaining the age of eighteen years may be enlisted for general service and need not be appointed to a corps until he attains that age. (2) A soldier may, at any time, with his consent be transferred from one corps to another by order of the competent authority: Provided that while a state of war exists between the Yang di- Pertuan Agong and any foreign power or while a Proclamation of Emergency issued by the Yang di-Pertuan Agong under Article 150 of the Federal Constitution is in force, the soldier may be so transferred without his consent. (3) Where in pursuance of the last foregoing subsection a soldier is transferred to a corps in an arm or branch of the Army different from that in which he was previously serving, the competent authority may by order vary the conditions of his service so as to correspond with the general conditions of service in the arm or branch to which he is transferred. (4) No soldier shall be transferred to any corps unless he would have been eligible for enlistment therein. (5) This section shall apply mutatis mutandis to a serviceman enlisted in the Navy and the Air Force.
Transfer from one Service to another
(1) A serviceman may be transferred from one Service to another 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 serviceman is transferred to another Service he shall be subject to all the rules, regulations and orders applicable to such Service and the conditions of his service shall be varied so as to correspond with the general conditions of service of the Service to which he is transferred. (3) No serviceman shall be transferred to another Service unless he would have been eligible for enlistment to that Service.
Attachment of servicemen
A serviceman may be attached temporarily from one Service to another Service or from one unit to another unit within the Service.
Terms of enlistment
(1) The term for which a person enlisting in the regular forces may be enlisted shall be such a term, beginning with the date of his attestation, as is mentioned in the following provisions of this section. (2) Where the person enlisting has attained the age of eighteen years, the said term shall be— (a) such term not exceeding twelve years as may be prescribed, being a term of full-time service; or (b) such term not exceeding twelve years as may be prescribed, being as to such part thereof as may be prescribed a term of full-time service and as to the remainder a term of service in the reserve. (3) Where the person enlisting has not attained the age of eighteen years, the said term shall be— (a) a term ending with the expiration of such period not exceeding twelve years as may be prescribed, beginning with the date on which he attains such age, being a term of full-time service; or (b) a term ending with the expiration of such period as aforesaid, being as to such part thereof as may be prescribed a term of full-time service and as to the remainder a term of service in the reserve.
Non-application of sections 24, 25 and 26
Sections 24, 25 and 26 shall not apply to a person enlisting in the regular forces on or after the appointed date.
Terms of enlistment of servicemen enlisting on or after the appointed date
(1) The term for which a person enlisting in the regular forces on or after the appointed date shall be such a term, beginning with the date of his attestation, as is mentioned in the following provisions of this section. (2) Where the person enlisting has attained the age of eighteen years, the said term shall be a term of twelve years, being a term of full-time service. (3) Where the person enlisting has not attained the age of eighteen years, the said term shall be a term ending with the expiration of twelve years, beginning with the date on which he attains such age, being a term of full-time service.
Extension and reduction of service
(1) Subject to any regulations made under this Part a person in full-time service may, on written application made by him to the competent authority and with the consent of that authority, be permitted to do any of the following things, that is to say: (a) if his enlistment was for a term ending before the expiration of a period of twelve years beginning with the date of his attestation or, if he was enlisted before he attained the age of eighteen years, the date on which he attained that age, to extend the term of his enlistment so as to end at such time, not later than the expiration of the said period as may be specified in the application, and so as to increase the period of his full-time service, his service in the reserve, or both as may be specified; (b) if the term of his enlistment, or that term as extended under the last foregoing paragraph, includes a period of service in the reserve, to increase the period of his full-time service, accordingly as may be specified in the application, so as to extend to the whole or to a specified part of that period; (c) to be transferred to the reserve to serve therein for the residue of the term of his enlistment, or if that term has been extended under paragraph (b), for the remainder of that term as so extended; (d) to reduce the term of his enlistment. (2) A person in consideration of his being permitted to undergo a prescribed course of instruction or a course of instruction of a prescribed class or of the conferring on him of such other benefit or advantage as may be prescribed, may be required by the competent authority to undertake, in the prescribed form, not to determine his fulltime service before the expiration of such period beginning with the day on which that course of instruction ends as may be prescribed or, before the expiration of such period as may be prescribed in relation to that other benefit or advantage. (3) A person in the reserve by virtue of the terms of his enlistment or of subsection (1) may, on written application to the competent authority, at any time re-enter upon full-time service, and accordingly as may be specified in the application, either— (a) serve in full-time service for the remainder of the period for which he would have been liable to serve in the reserve if he had not re-entered upon full-time service; or (b) serve in full-time service for a specified part of that remainder and thereafter serve in the reserve for the residue thereof.
Extension of service of servicemen enlisting on or after the appointed date
(1) Subject to any regulations made under this Part, a person in full-time service and enlisting on or after the appointed date may, on written application made by him to the competent authority and with the consent of that authority, be permitted to extend his term of fulltime service from twelve to fifteen years: Provided that the application shall be made at least six months before the completion of his full-time service under section 24A. (2) A person who has enlisted on or after the appointed date, in consideration— (a) of his being permitted to undergo a prescribed course of instruction or a course of instruction of a prescribed class; or (b) of the conferring on him of such other benefit or advantage as may be prescribed, may be required by the competent authority to undertake, in the prescribed form, not to determine his full-time service before the expiration of such period beginning with the day on which that course of instruction ends as may be prescribed or, as the case may be, before the expiration of such period as may be prescribed in relation to that other benefit or advantage.
Re-engagement of servicemen
(1) Subject to any regulations made under this Part any person in full-time service who has completed a period of nine years of such service reckoned from the date of his attestation or (if he enlisted before attaining that age) the date on which he attains the age of eighteen years, may, if he so desires and with the approval of the competent authority, be permitted to re-engage for such further period in full-time service as will make up a total continuous period of twentyone years of full-time service. (2) Any person who will within one year complete a period of twenty-one years’ full-time service may, if he so desires and with the approval of the competent authority, continue to serve in all respects as if his term of full-time service was still unexpired.
Re-engagement of servicemen enlisting on or after the appointed date
(1) Subject to any regulations made under this Part, any person in full-time service under section 24A or 25A enlisting on or after the appointed date may, if he so desires, apply to the competent authority and upon the approval of the competent authority, be permitted to reengage for such further period in full-time service as will make up a total continuous period of twenty-one years of fulltime service: Provided that the application shall be made at least six months before the completion of his full-time service under section 24A or 25A. (2) A person who has been permitted to re-engage under subsection (1) may, if he so desires apply to the competent authority and upon the approval of the competent authority, continue to serve in all respects as if his term of full-time service was still unexpired: Provided that the application shall be made at least six months before the completion of his period of full-time service of twenty-one years.
No extension or re-engagement beyond fifty-five years
Subject to sections 27 and 30, no person shall have his period of full-time service extended or be permitted to re-engage if the effect of such extension or re-engagement would be to require him to serve beyond the age of fifty-five years.
Service in the reserve for servicemen
(1) A person whether in full-time service in the regular forces or in the reserve pursuant to sections 24 to 26A and 27 shall upon his discharge or completion of service in the reserve be transferred to the reserve for a period of five years commencing from the day following his discharge or completion of service in the reserve: Provided that no person shall be required to serve in the reserve after he has attained the age of fifty years. (2) The Armed Forces Council may in its discretion exempt any person or category of persons from such reserve service.
Postponement in certain cases of discharge or transfer to the reserve
(1) Where, at the time at which apart from this section a serviceman would be entitled to be discharged or would fall to be transferred to the reserve, a state of war exists between the Yang di- Pertuan Agong and any foreign power, or a Proclamation of Emergency issued by the Yang di-Pertuan Agong under Article 150 of the Federal Constitution is in force, or reservists in the Regular Forces Reserve have been called out for service, or he is serving outside Malaysia, he may be retained in full-time service for such period as is hereinafter mentioned, and his service may be prolonged accordingly. (2) No person shall be retained in full-time service by virtue of this section later than the expiration of twelve months after the date on which apart from this section he would be entitled to be discharged. (3) Subject to the provisions of the last foregoing subsection, a person who apart from this section would be entitled to be discharged may be retained in full-time service for such period as the competent authority may order. (4) Subject as aforesaid, a person who apart from this section would fall to be transferred to the reserve may be retained in fulltime service for such period, ending not later than twelve months after the date on which apart from this section he would fall to be transferred to the reserve, as the competent authority may order or for any period or further period during which reservists of the Regular Forces Reserve continue to be called out for service. (5) If while a person is being retained in full-time service by virtue of this section it appears to the competent authority that his services can be dispensed with, he shall be entitled to be discharged or transferred to the reserve, as the case may require. (6) Where, at the time at which under the foregoing subsections a person is entitled to be discharged or transferred to the reserve, a state of war exists between the Yang di-Pertuan Agong and any foreign power, he may, by declaration made in the prescribed form before his commanding officer, agree to continue in full-time service while such a state of war exists; and if the competent authority approves, he may continue accordingly as if the period for which his term of service could be prolonged under the foregoing provisions of this section were a period continuing so long as a state of war exists: Provided that if it is so specified in the declaration, he shall be entitled to be discharged or transferred to the reserve, as the case may require, at the expiration of three months’ notice given by him to his commanding officer. (7) In relation to persons serving outside Malaysia, references in this section to being entitled to be transferred to the reserve shall be construed as references to being entitled to be sent back to Malaysia on with all convenient speed for the purpose of being transferred to the reserve.
Discharge
(1) Save as hereinafter provided every person, upon becoming entitled to be discharged, shall be discharged with all convenient speed, but until discharged shall remain subject to service law under this Act. (2) Where a person enlisted in Malaysia is, when entitled to be discharged, serving outside Malaysia, then— (a) if he requires to be discharged in Malaysia, he shall be sent there free of cost with all convenient speed and shall be discharged upon his arrival there, or if he consents to his discharge being delayed, within six months from his arrival; but (b) if at his request he is discharged at the place where he is serving, he shall have no claim to be sent back to Malaysia or elsewhere. (3) Except in pursuance of the sentence of a court-martial under this Act, a person shall not be discharged unless his discharge has been authorized by the competent authority in accordance with any regulations made under this Part. (4) Every person discharged under the provisions of this Part shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed: Provided that a person who is discharged within three months of attestation shall not be entitled to receive a certificate of discharge. (5) A person discharged in Malaysia shall be entitled to be conveyed free of cost from the place where he is discharged to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed at no greater cost.
Transfer to the reserve
(1) Save as otherwise provided in this Act every person, upon falling to be transferred to the reserve, shall be transferred to the reserve, but until so transferred shall remain subject to service law under this Act. (2) Where a person when falling to be transferred to the reserve, is serving outside Malaysia, he shall be sent to Malaysia free of cost with all convenient speed and shall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed, within six months of his arrival: Provided that if he so requests he may be transferred to the reserve without being required to return to Malaysia. (3) A person transferred to the reserve in Malaysia shall be entitled to be conveyed free of cost from the place where he is transferred to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed at no greater cost.
Postponement of discharge or transfer to the reserve pending proceedings for offences
(1) Notwithstanding anything in this Part, a person shall not be entitled to be discharged or transferred to the reserve at a time when he has become liable, as a person subject to service law under this Act, to be proceeded against for offences against any of the provisions of this Act: Provided that if it is determined that the offence shall not be tried by court-martial, this subsection shall cease to apply. (2) Notwithstanding anything in this Part, a person who is outside Malaysia and serving a sentence of imprisonment or detention awarded by a court-martial under this Act shall not be entitled to be discharged or transferred to the reserve during the currency of the sentence.
Recruit may purchase discharge
(1) Subject to any regulations made under this Part, a recruit may apply for discharge before the expiration of a period of three months beginning with the date of his attestation, and if he makes such an application, he shall on payment of a sum prescribed by the competent authority be discharged with all convenient speed. (2) In this section the expression “recruit” means a person enlisted in accordance with the provision of this Part who has not been previously enlisted in any of the regular forces.
Right of warrant officer to discharge on reduction to the ranks
A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be discharged unless a state of war exists between the Yang di-Pertuan Agong and any foreign power or reservists are called out for service.
Discharge of servicemen of unsound mind
(1) Where it appears to the competent authority that a serviceman is— (a) a dangerous person of unsound mind; or (b) a person of unsound mind requiring treatment in a mental hospital, the competent authority may, if the authority thinks proper and on the recommendation of a medical officer, cause such serviceman to be discharged, and when discharged to be received in a Government mental hospital. (2) Where it appears to the competent authority that a serviceman is neither a dangerous person of unsound mind nor a person of unsound mind requiring treatment in a mental hospital, the authority may, if the authority thinks proper and on the recommendation of a medical officer, cause such serviceman to be discharged and to be sent on his discharge to any place in Malaysia where he has one or more relatives or friends who are willing to take charge of him.
Rules for reckoning service
(1) In reckoning the service of any person for discharge or reengagement or transfer to the reserve, there shall be excluded therefrom— (a) all periods during which he has been absent from his duty from any of the following causes: (i) imprisonment; (ii) desertion; and (b) any period ordered by a court-martial to be forfeited. (2) Regulations under this Part may make provision for restoring service excluded by subsection (1) in consideration of good service or on other grounds justifying the restoration of service so excluded.
Validity of attestation, enlistment and re-engagement
(1) Where a person has made such declaration upon his attestation or re-engagement as may be prescribed and has thereafter received pay as a serviceman— (a) the validity of his enlistment or re-engagement shall not be called in question on the grounds of any error or omission in his attestation paper or application for re-engagement; (b) if within three months from the date on which he signed the said declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act or regulations made thereunder as to enlistment or re-engagement or any ground whatsoever (not being an error or omission in his attestation paper or application for re-engagement), the claim shall be submitted to the competent authority and if the claim is well founded the competent authority shall cause him to be discharged or his reengagement revoked, as the case may be, with all convenient speed; (c) subject to the provisions of the last foregoing paragraph he shall be deemed as from the expiration of three months from the date on which he made the said declaration to have been validly enlisted or re-engaged, as the case may be, notwithstanding any such non-compliance or other grounds as aforesaid; (d) notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b), he shall be deemed to be a serviceman until his discharge. (2) Where a person has received pay as a serviceman without having previously made such declaration as aforesaid, then— (a) he shall be deemed to be a serviceman of the regular forces until discharged; and (b) he may claim his discharge at any time, and if he makes such claim, the claim shall be submitted as soon as may be to the competent authority who shall cause him to be discharged with all convenient speed. (3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.
Regulations as to enlistment
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 enlistment of persons in the regular forces, their terms of service including the absorption, attachment and secondment to any body, force or service, promotion, advancement in rank, discharge, dismissal and such other matters concerning servicemen as the Armed Forces Council may think necessary or expedient for the better carrying into effect the provisions of this Part.
Interpretation of Part IV
In this Part— “date of attestation”, in relation to any person, means the date on which he signs the declaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act; “prescribed” means prescribed by regulations made under this Part.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 15 July 2022 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).