Malaysia legislation
Section 17
Section 17
(2)
Subject to this section, the employer of any person referred to in subsection (1) or where such person is self-employed he himself may apply in the prescribed manner to the proper authority for a postponement certificate on behalf of his employee or of himself, as the case may be, on the ground that it is necessary or expedient in the public interest or in the interests of defence or the efficient prosecution of any war in which the Yang di-Pertuan
Agong may be engaged that such employee or he, as the case may be, should not be so called up and may, on that ground, apply in the prescribed manner to the proper authority for the renewal of any postponement certificate granted in the manner aforesaid.
(3)
An application for a postponement certificate or for the renewal thereof made under this section shall be determined by the proper authority and such determination shall be final:
Provided that where such application is made under subsection
(1)
, the proper authority shall before such determination refer the application to a local advisory board constituted under this Part and such board may after considering the application make such recommendations thereon to the proper authority as it thinks fit.
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(4)
For the purposes of this Act there shall be constituted in accordance with this subsection such local advisory boards as may be required.
(b)
The Minister may appoint for any specified area a Chairman of local advisory boards and a panel consisting of not less than three and not more than twelve persons who shall be eligible to serve on a local advisory board constituted for that area.
(c)
Where under this Act any application is to be referred to a local advisory board the Chairman of the local advisory boards for the appropriate area shall appoint any two persons from the panel referred to in the last preceding paragraph and the Chairman together with such two persons shall constitute a local advisory board for the purpose of considering such application.
(d)
The Chairman shall so far as possible ensure that at least one member of a local advisory board shall be of the same race as the person whose application is to be considered by such board.
(5)
An application for the grant of a postponement certificate may be made at or within seven days after a medical examination carried out under section 9 or if there is more than one such examination at or within seven days after the first of such examinations, or within such extended time as the proper authority may in his discretion allow; and an application for the renewal of a postponement certificate may be made within twenty-eight days before the expiration of the period for which that certificate was granted or last renewed.
(6)
The Yang di-Pertuan Agong may make rules as to the principles to be applied, and the circumstances to which regard is or is not to be had, in considering any application under subsection (1) for the grant or renewal of a postponement certificate, and as to the period for which a postponement certificate may be granted or renewed.
(7)
In any case where an applicant has represented to the proper authority or to a local advisory board the existence of any circumstance or condition as a reason for the grant or renewal of a postponement certificate and a certificate has been granted or renewed wholly or partly in consequence of such representation, and where at any time while such certificate is in force any change occurs in any such circumstance or condition the person to whom the certificate
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National Service was granted or his employer, if the employer was the applicant, shall forthwith notify the change in the prescribed manner to the proper authority. Any person who, being required to notify a change in accordance with this subsection, fails to do so shall be guilty of an offence against this Act.
(8)
If at any time it appears to the proper authority that, by reason of any such change as is referred to in the last preceding subsection or for any other sufficient reason, the certificate ought to be cancelled or the period for which it was granted or last renewed ought to be shortened, the proper authority may—
(a)
in the case of a certificate granted or renewed under subsection (2), cancel the certificate or vary it by shortening the period for which it was granted or renewed; and
(b)
in the case of a certificate granted or renewed under subsection (1), refer the matter to a local advisory board and the board may make such recommendations regarding the cancellation or variation of such certificate to the proper authority as it thinks fit and the proper authority may after considering such recommendations thereupon cancel or vary such certificate.
(9)
No determination of the proper authority made for the purposes of this section shall be called in question in any Court.
Suspension of enlistment, etc., pending appeals, etc.