Malaysia legislation

Section 9

of NATIONAL SERVICE ACT 1952

Section 9

(2)

The Minister may make rules for determining the constitution of medical boards for the purposes of this section and for regulating the procedure of such boards, and such rules may in particular provide for enabling a medical board—

(a)

in a case where the board is unable to complete a medical examination on one occasion to direct the person examined to submit himself to a further medical examination by a medical board at a specified time and place; and

(b)

to direct the person examined to submit himself to examination by a consultant examiner.

(3)

The Minister may by rules determine the categories in which persons medically examined under this section are to be placed by reference to their physical condition.

(4)

No person shall be liable to be called up under this Act for service in any armed force or police force or for full-time service in any civil defence force until he has submitted himself to medical examination under this section.

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National Service

(5)

If any person fails to comply with the requirements of a notice served on him under this section or of any rules made or directions given by virtue thereof, he shall, save as hereinafter provided, be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred ringgit or to both.

(6)

The Court by which any person is convicted by reason of his failure to comply with—

(a)

a notice served on him by the proper authority under subsection (1) requiring him to submit himself to medical examination by a medical board; or

(b)

directions given by a medical board by virtue of paragraph

(2)

(a)

requiring him to submit himself to a further medical examination by a medical board; or

(c)

directions given by a medical board by virtue of paragraph

(2)

(b)

requiring him to submit himself to examination by a consultant examiner, may, without prejudice to any penalty imposed on him, order him to submit himself to medical examination, further medical examination, or examination by a consultant examiner, as the case may be, at such time and place as may be fixed by a notice served on him by the proper authority and any such order may include provisions that he shall be detained in custody until that time and taken by a police officer to that place at that time:

Provided that no person shall be detained by virtue of any such order for more than seven days.

(7)

A person who fails to submit himself for medical examination in accordance with any such order shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand ringgit or to both.

(8)

A notice served on any person under this section shall cease to have effect if, before the date on which he is thereby required to submit himself to medical examination, he ceases to be liable to register under this Act.

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(9)

The proper authority may on application duly made cause to be paid to members of medical boards constituted for the purpose of this section, such remuneration and allowances as he may, with the approval of the Minister, determine; and shall on application duly made cause to be paid to persons undergoing medical examination under this section such travelling and other allowances, including compensation for loss of remunerative time, in accordance with such scale as he may, with the approval of the Minister, determine.