Raising of volunteer forces
(1) There shall be raised and maintained in Malaysia the following three Services of volunteer forces, that is to say:
(a) “Askar Wataniah Malaysia” or in English “Malaysian Territorial Army”;
(b) “Simpanan Sukarela Tentera Laut Diraja Malaysia” or in English “Royal Malaysian Naval Volunteer Reserve”; and
(c) “Simpanan Sukarela Tentera Udara Diraja Malaysia” or in English “Royal Malaysian Air Force Volunteer Reserve”.
(2) In each year the expenditure proposed to be incurred on the volunteer forces shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
Composition of volunteer forces
(1) The volunteer forces shall consist of such corps, units ships, establishments and other components as the Armed Forces Council may from time to time constitute and establish.
(2) Every corps, unit, ship, establishment or other component constituted and established under subsection (1)—
(a) shall bear and be known by such name or title as the Armed Forces Council may approve;
(b) shall consist of such sub-units, wings or squadrons, as the Armed Forces Council may from time to time direct.
(3) Any reference in any written law to any corps, unit, ship, establishment or other component constituted and established under subsection (1) by such name or title as may be approved by the Armed Forces Council under paragraph (2)(a) shall be construed as a reference to such corps, unit, ship, establishment or other component or, as the context may require, to the members thereof.
(4) The Armed Forces Council may from time to time by order published in the Gazette do any of the following things, that is to say:
(a) disband any corps, unit, establishment or other component in whole or in part;
(b) amalgamate any corps with any other corps, any unit with any other unit, any establishment with any other establishment or any component with any other component;
(c) strike off any ship from the register; or
(d) alter or amend the name or title of any corps, unit, ship, establishment or other component.
Command
(1) The three Services of the volunteer forces shall be under the command of the respective Service Chiefs, that is to say the Malaysian Territorial Army shall be under the command of the Chief of the Army, the Royal Malaysian Naval Volunteer Reserve shall be under the command of the Chief of Navy and the Royal Malaysian Air Force Volunteer Reserve shall be under the command of the Chief of the Air Force.
(2) Notwithstanding the provisions of subsection (1) where—
(a) the whole or any part of a volunteer force has been called out for service under section 202; or
(b) the whole or any part of a volunteer force is training, exercising or operating with the regular forces or a foreign force,
the Service Chief commanding the relevant volunteer force may place the whole or any part of that force under the temporary command of any officer of the regular forces.
(3) A Service Chief may, with the approval of the Armed Forces Council, make orders not inconsistent with this Act and any rules or
regulations made thereunder, providing for the equipment, general organization and administration of a volunteer force under his command. In particular, and without prejudice to the generality of the foregoing power, such orders may provide for—
(a) the issue and care of arms, accoutrements, ammunition, supplies, clothing and equipment;
(b) returns, books and forms of correspondence;
(c) the establishment and conduct of institutions for providing recreation and refreshment to the members of the volunteer force.
Commissioning of officers
(1) Officers in the volunteer forces shall be commissioned by the Yang di-Pertuan Agong.
(2) A commission granted under subsection (1) 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 207 and shall be issued under the Sign Manual of the Yang di-Pertuan Agong and impressed with the Public Seal of the Federation.
(3) A commission issued for a stated period may be extended by the Yang di-Pertuan Agong for such period or periods as may be deemed expedient.
(4) The Yang di-Pertuan Agong may, without publication of any reason therefor, cancel any commission.
(5) The Yang di-Pertuan Agong may grant honorary commissions in the volunteer forces to such persons as he may think fit.
(6) Officers of the volunteer forces may from time to time be promoted or advanced in rank by the Yang di-Pertuan Agong at his discretion.
Constitution of Reserve of Officers
(1) The Armed Forces Council may constitute a Reserve of Officers for each of the three Services of the volunteer forces, which shall consist of—
(a) officers who have completed not less than five years consecutive service and who at their request and with the approval of the competent authority, have been transferred to a Reserve of Officers; and
(b) former officers of the volunteer forces who in the opinion of the competent authority can perform the duties of officers.
(2) In each year the expenditure proposed to be incurred on the Reserve of Officers for the volunteer forces shall be included in the total of the estimates of the expenditure to be incurred on the armed forces.
Enrolment, resignation and discharge
(1) Every member of a volunteer force not being an officer (hereinafter referred to as a “volunteer”) shall be enrolled for such period as may be prescribed by regulations made under section 207.
(2) Every volunteer enrolled under subsection (1) shall be appointed to a unit or a ship or establishment by the competent authority.
(3) The competent authority may transfer a volunteer from one unit, ship or establishment to another unit, ship or establishment.
(4) Except when called out under section 202 a volunteer may, in accordance with regulations made under section 207, resign from service:
Provided that no such resignation shall become effective until approved by the competent authority.
(5) The competent authority may, without assigning any reason therefor, dismiss a volunteer from service.
(6) Any officer in command of a unit, ship or establishment may, with the approval of the competent authority, discharge any volunteer of his unit, ship or establishment for lack of diligence or for inefficiency.
(7) A volunteer who resigns or is dismissed or discharged under this section shall return in good condition all arms, uniform and equipment issued to him to the officer in command of his unit, or to such other person as may be authorized by such officer in that behalf.
(8) No resignation, dismissal or discharge under this section shall exempt a volunteer from trial or punishment for an offence under this Act.
Training and attachment
(1) Every member of a volunteer force shall undergo such training as may be prescribed by regulations made under section 207.
(2) Every member of a volunteer force may, at his request and with the approval of the competent authority, be attached to a unit, ship or establishment of the regular forces.
(3) Such attachment shall continue during any period agreed to by such member and specified in such order and during such period the provisions of this Part shall apply to him as if he had been called out under section 202.
*(4) Every member of a volunteer force who has completed the training required under subsection (1) may be required to serve in the volunteer forces for such minimum period as may be prescribed by regulations made under section 207.
*NOTE — Subsection 201(4) is not yet in force — see subsection 1(2) of the Armed Forces (Amendment) Act 1996 [Act A974].
Parts II, III and IV to apply to volunteer forces
To the extent that it is not inconsistent with the provisions of this Part, and for the expediency of service, the Armed Forces Council may apply mutatis mutandis, any of Parts II, III and IV other than sections 23 to 27 and sections 29 to 31 to the members of the volunteer forces.
Leave for training or attachment
(1) Without prejudice to the National Service Act 1952, every employer shall, if any person in his employment who is a member of a volunteer force is called up for training or attachment under this Act, grant such person leave for the duration of the period of such training or attachment to enable him to undergo the training or attachment.
(2) No employer shall—
(a) make or cause to be made any undue transfer or deduction from the pay, other remuneration or annual leave of such person;
(b) impose or cause to be imposed upon or exact from such person any penalty; or
(c) change the terms and conditions of the employment of such person to his prejudice,
solely by reason of his absence from work during the period of training or attachment.
(3) Any employer who—
(a) directly or indirectly refuses or, by intimidation, undue influence or in any other manner, interferes with the granting to any person of the period of leave required under subsection (1); or
(b) contravenes subsection (2),
commits an offence and shall, on conviction, be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(4) The civil court by which an employer is convicted of an offence under subsection (3) for the contravention of subsection (2) may order the employer to pay to the person referred to in subsection (2) the pay and other remuneration to which that person is entitled during the period of training or attachment.
Prohibition of dismissal of employees by reason of training or attachment
(1) Without prejudice to the National Service Act 1952, every employer who terminates the employment of any person in his employment, who is a member of a volunteer force, without the consent of such person solely or mainly by reason of the person being called up for training or attachment under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) The civil court by which an employer is convicted under subsection (1) may order the employer to pay to the person whose employment is terminated, as compensation for any loss suffered or likely to be suffered by him by reason of the termination, a sum not exceeding an amount equal to six months’ remuneration at the rate at which the remuneration was last payable to that person by the employer.
Calling out for service
(1) The Yang di-Pertuan Agong may, by Proclamation, call out for service the whole or any part of any of the volunteer forces.
(2) Every member of a volunteer force called out for service under subsection (1) shall report for service at such time and place as the
competent authority may by notification in the Gazette or otherwise appoint.
Obstructing the volunteer forces and aiding or inducing dereliction of duty
Every person who—
(a) knowingly and wilfully obstructs any part of any of the volunteer forces or any member thereof in the performance of any service or duty under this Act, or under rules, regulations or orders made under this Act;
(b) knowingly agrees with, or induces or attempts to induce any member of the volunteer forces to neglect or act in conflict with his duty as a member thereof;
(c) knowingly is a party to, or aids or abets, or incites to, the commission of any act of indiscipline or any act whereby any lawful order given to any member of the volunteer forces or any law or regulation with which it is the duty of any member thereof to comply, may be evaded or infringed; or
(d) without lawful authority wears the uniform or part of the uniform or any badge or emblem of the volunteer forces or falsely represents himself as entitled to wear such uniforms, badge or emblem,
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit.
Offences
(1) Any member of a volunteer force who, when he is not subject to service law under this Act—
(a) fails without just cause (the proof whereof shall lie upon him) to attend at any time or place lawfully appointed by a proper authority for instruction, training or exercise;
(b) when in uniform or on duty or undergoing instruction, training or exercise, is drunk or is guilty of insubordinate conduct;
(c) disobeys any standing order or lawful command given by his superior officer;
(d) neglects to obey any order applicable to his unit, ship or establishment; or
(e) is guilty of any act, conduct or disorder or neglect to the prejudice of good order and service discipline,
shall be guilty of an offence and shall, on conviction before his commanding officer, be liable to a fine not exceeding one hundred ringgit.
(2) Any member of a volunteer force who, when he is not subject to service law under this Act—
(a) without proper authority and permission gives, sells, pledges, lends or otherwise disposes of, or loses by neglect, or causes damage to arms, ammunition, accoutrements, clothing, supplies or other articles or things (whether similar to any of those specified or not) entrusted to him or held by him or in his charge for service purposes, or fails to deliver up such property when so required by his commanding officer;
(b) causes by any wrongful act or negligence any loss of or damage to any public property,
shall be guilty of an offence and shall, on conviction before his commanding officer, be liable to a fine not exceeding three hundred ringgit.
(3) Any person convicted of an offence under subsection (2) shall, in addition to any other punishment, be liable to pay, by way of compensation, a sum of money not exceeding five hundred ringgit or the cost of replacement or repair of the articles disposed of, lost, damaged or not delivered up, whichever is the less.
(4) No sentence or order given or made under subsection (1), (2) or (3) shall have effect until it is confirmed in writing by the appropriate Service Chief; and the appropriate Service Chief may withhold confirmation, in which case any conviction, sentence or order shall be quashed, or may confirm the sentence or order or remit the whole or any part of such sentence or order.
(5) The payment of any sum imposed by way of fine or compensation or both under this section shall, upon the application of the officer in command of the unit, ship or establishment concerned be recovered and enforced by any Magistrate’s Court having criminal jurisdiction in the place in which such fine is imposed or compensation ordered, in the same manner in which such Court could recover or enforce the payment of such fine or compensation under the law relating to criminal procedure in force in such place, as if such fine or compensation has been imposed or ordered to be paid by such Court.
(6) Any person accused of an offence under this section may be taken into and kept in service custody and shall be tried summarily in the same manner as if he was subject to service law under this Act.
Boards of Inquiry
(1) The appropriate Service Chief or an officer authorized by him may, by order, convene a Board of Inquiry to investigate—
(a) any death or injury caused to or by an officer or volunteer when on duty;
(b) any loss of or damage to any public property;
(c) any other matters which the appropriate Service Chief in his discretion requires to be investigated.
(2) A Board of Inquiry convened under subsection (1) shall be composed of officers of the volunteer forces or of officers or warrant officers of any of the regular forces.
(3) A Board of Inquiry convened under subsection (1) shall consist of a President, who shall be an officer, and one or more members as the appropriate Service Chief may appoint.
(4) Boards of Inquiry convened under this Part shall adopt the procedure provided for in respect of similar Boards of Inquiry convened under section 147.
Power of the Yang di-Pertuan Agong to make rules
(1) The Yang di-Pertuan Agong may make rules including rules providing for matters which may be issued by Perintah Majlis Angkatan Tentera in respect of—
(a) the pay, allowances, gratuities, pensions and any other grants payable to officers and volunteers;
(b) the payment of pensions or gratuities to dependants of officers and volunteers who are killed or die of injuries received in the course of, or of illnesses directly attributable to, their service.
(2) Notwithstanding the appointment of the date for the coming into force of this Act pursuant to section 1 or the provisions of any written law to the contrary, any rules made under subsection (1) may be given retrospective effect to any date, whether before or after the coming into force of this Act.
Power of the Armed Forces Council to make regulations
(1) Subject to section 206, the Armed Forces Council may make regulations including regulations providing for matters which may be issued by Perintah Majlis Angkatan Tentera to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may—
(a) define the class of persons who may be commissioned or enrolled in the volunteer forces and the minimum period for which such persons may be commissioned or enrolled;
(b) prescribe the manner in which, and conditions subject to which, persons desiring to be commissioned or enrolled may so offer themselves and the form of declaration to be taken by such persons;
(c) prescribe the extent of service required of officers and volunteers or of officers in the Reserve of Officers, which service may include service outside Malaysia when the volunteer forces or part thereof has been called out;
(d) prescribe the conditions of physical fitness required of persons for acceptance in the volunteer forces;
(e) prescribe the conditions under which an officer or volunteer may resign from the volunteer forces;
(f) define the manner in which and the conditions under which officers and volunteers may be called out;
(g) prescribe the training to be carried out by officers and volunteers which training may consist of instruction, exercises or operations on land, air or sea or in any vessel or other craft whatsoever, whether belonging to the Malaysia or not, and whether within or without the territorial limits of the Malaysia;
(h) prescribe the seniority of officers and provide for their appointment, promotion and tenure of commissioned rank;
(i) provide for the seniority and rank for purposes of command and discipline of officers and volunteers; and
(j) provide for minor offences including the procedural matters relating thereto and minor punishments not provided for in this Part.
Exemption from certain civil liabilities
All officers and volunteers, if acting bona fide and in their official capacity shall be exempt from all written laws providing for the carriage and storage of arms, explosives, gunpowder and other munitions of war in the same manner as the members of the regular forces.
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).
