Reserve of Officers
(1) An officer of the regular forces shall, upon his termination, resignation, completion of or retirement from service, serve in a Reserve of Officers of his own Service for a period not exceeding five years commencing from the day following that on which the termination, resignation, completion of or retirement from service takes effect:
Provided that the Armed Forces Council may in its discretion exempt any officer or such categories of officers from such reserve service.
(2) Subsection (1) shall apply to those officers of the regular forces who on or after the appointed date are still serving in the regular forces.
*NOTE — Section 188 is not yet in force — see subsection 1(2) of the Armed Forces (Amendment) Act 1996 [Act A974].
Establishment of a Regular Forces Reserve
(1) There shall be raised and maintained in Malaysia a Regular Forces Reserve which shall consist of—
(a) officers who are required to serve in a Reserve of Officers under subsection 188(1);
(b) all servicemen of the regular forces who at the commencement of this Act are serving in the reserve in pursuance of the terms of their enlistment; and
(c) all servicemen of the regular forces who in pursuance of the terms of their enlistment are transferred to the reserve on completion of their full-time service.
(2) In each year the expenditure proposed to be incurred on the Regular Forces Reserve shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
Rank while serving in the Regular Forces Reserve
(1) An officer or serviceman serving in the Regular Forces Reserve shall be entitled during the period of his service in the reserve to hold the substantive rank last held by him while serving in the regular forces.
(2) For the purpose of this Part, an officer in the Regular Forces Reserve who has served as an officer commissioned for a specified
time in the regular forces shall be deemed to be a commissioned officer.
Calling out for service by proclamation
(1) The Yang di-Pertuan Agong may, by Proclamation, call out for service the whole or any part of the Regular Forces Reserve.
(2) Every reservist called out for service under subsection (1) shall report for service at such time and place as the Armed Forces Council or an officer authorized on its behalf may, by notification in the Gazette or otherwise, appoint.
(3) Every reservist shall upon being called out for service by a Proclamation under this section be deemed to be a person subject to service law under Part V and shall if he fails, without leave being lawfully granted or without any reasonable excuse, to report in accordance with subsection (2) be liable to be tried for an offence of desertion within the meaning of section 54.
(4) Every reservist when called out for service shall be liable to serve as an officer or serviceman in the regular forces until his services are no longer required, so, however, that he shall not be required to serve for a period exceeding in the whole the remaining unexpired term of his service in the Regular Forces Reserve and in the case of a reservist who is a serviceman for a further period not exceeding twelve months as provided under subsection 27(2).
Calling out for training
(1) During the period of his service in the Regular Forces Reserve a reservist may be called out for such training as may be prescribed by regulations made under section 194.
(2) The competent authority may serve or may cause to be served upon any reservist a training notice which shall state that he is called out for training and the period for which he is called out and shall
require him to present himself at such time and place and on such day and to such authority as may be specified in the notice.
(3) Where a training notice has been served on any reservist, the competent authority may at any time before the date on which he is thereby required to present himself cause to be served on him a supplementary notice varying the training notice by altering the place or time, but not the date on which, he is thereby required to present himself.
(4) Every training notice served otherwise than by registered post shall require the reservist upon whom it is served to acknowledge receipt thereof within such time as may be specified in the requirement; and if acknowledgement is not received the competent authority may cause a further training notice to be served on him by registered post and may by that notice direct that the former notice shall be deemed to have no effect.
(5) If at any time during a reservist’s period of service in the Regular Forces Reserve any change occurs in his name or address, he shall further notify the change to such person and in such manner as may be prescribed by regulations made under section 194; and if he fails to do so he shall be guilty of an offence under this Act and shall, on conviction before a Magistrate’s Court, be liable to a fine not exceeding two hundred ringgit.
(6) Every reservist shall upon being called out for training under this section be deemed to be a person subject to service law under this Act and shall if he fails, without leave being lawfully granted or without any reasonable excuse, to present himself in accordance with subsection (2) be liable to be tried for an offence of absence without leave within the meaning of section 55.
Reservists’ civil employment not to be affected by service in the reserve
Sections 20 and 21 of the National Service Act 1952 [Act 425], shall apply to reservists when called out for service or for training under sections 190 and 191.
Discharge of reservists
A reservist may be discharged in accordance with regulations made under section 194 at any time during the currency of any term of reserve service.
Power of Armed Forces Council to make regulations governing the calling out, pay, reporting, etc., of reservists
The Armed Forces Council may with the approval of the Yang di-Pertuan Agong make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera with respect to the administration and discipline of the Regular Forces Reserve and, without prejudice to the generality of the foregoing, may make regulations—
(a) for the calling out for training of reservists;
(b) for the calling out for full-time service;
(c) for providing for pay and allowances of reservists;
(d) requiring reservists to report themselves from time to time, and to obtain the permission of the competent authority prescribed by such regulations before leaving Malaysia;
(e) providing for any other matter which is required by this Part to be prescribed.
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).
