NATIONAL SERVICE ACT 1952

For the purposes of this Act and of any proclamation made thereunder, the time at which a person attains a relevant age shall be deemed to be the commencement of the relevant anniversary of the date of his birth.

(Omitted).

In the application of this Act to the State of Sabah or Sarawak references in the Act to any written law of the States of Peninsular

Malaysia or to any such written law, shall—

Judges of the Federal Court and the High Courts;

members of the Cabinet and any House of Parliament;

members of any Executive Council or any Legislative

Assembly as defined in the Constitution;

accredited diplomatic or consular representatives and diplomatic or consular employees who are not domiciled in Malaysia;

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National Service

persons employed in the service of the Government of any part of the Commonwealth outside Malaysia whose presence in Malaysia is occasioned solely by their employment in that service;

serving members of the regular forces;

serving members of the Malaysian Territorial Army, the

Royal Malaysian Naval Volunteer Reserve and the Royal

Malaysian Air Force Volunteer Reserve;

members of the police forces;

persons in holy orders and regular ministers, religious officials or lay missionaries of a recognized religious denomination who as such have been exempted from the operation of this Act by the Yang di-Pertuan Agong by notification in the Gazette;

mentally disordered persons within the meaning of any written law in force in Malaysia relating to mental disorders or persons found to be of unsound mind under Chapter

XXXIII of the Criminal Procedure Code [Act 593] so long as such mental disorder or unsoundness of mind persists;

persons certified by two registered medical practitioners to be blind;

members of fire brigades maintained under any written law in force in Malaysia;

persons who have left or been discharged from the regular forces in consequence of disablement or ill-health, so long as such disablement or ill-health persists;

any other persons or categories of persons exempted from the operation of this Act by order of the Yang di-Pertuan

Agong.

In any case where there is doubt or dispute as to whether any person is entitled to exemption by reason of this section, the onus of proving that he is so entitled shall be on the person claiming such exemption.

Where a notice has been duly served upon any person under this Act requiring him to do something on a future date and such person is at that date no longer liable to such requirement under this Act, such notice shall thereupon be deemed to be of no effect.

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has at the date of the proclamation attained such age, not being less than seventeen years, as may be specified in the proclamation, but has not at that date attained such greater age, not being more than fifty-five years, as may be so specified; and

is at that date within Malaysia or, not having been within

Malaysia at that date subsequently enters it, shall be liable to register for national service under this Act.

If any person who, at the date of a proclamation made under subsection (1), is exempted under section 3 from liability to register under Part III thereof, thereafter ceases to be so exempted, he shall on such cesser become liable to register for national service under this Act.

Registration

Any person affected by a notice given under subsection (1)

who, without lawful excuse, fails to present himself for registration in accordance with such notice shall 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 thousand ringgit or to both.

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Rules regarding registration

Such rules shall make provision enabling a person to state, on registration, that he has a preference to serve in any of the armed forces, police forces or civil defence forces.

Such rules may make different provisions in relation to different categories of persons and may provide for exempting from any requirements of the rules any category of such persons with respect to whom the Minister is satisfied that particulars sufficient for the purposes of this Act can be ascertained otherwise than by virtue of those requirements and may require employers to register particulars of such persons employed by them and may require such persons to furnish to their employers such particulars concerning themselves as may be required for the purposes of registration under this Act.

It shall be the duty of the proper authority to ensure that—

The proper authority may make regulations to provide for the issue in specified circumstances of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced.

The proper authority may, on application made in the prescribed manner, by any person exempted under subsection 3(1), grant a certificate to the effect that such person is so exempted:

Provided that such certificate shall not be granted to any person exempted under paragraph (f), (g) or (h) of that subsection.

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If in any case it appears to the proper authority that a registration is incomplete or incorrect and that it cannot be completed or corrected without the personal attendance of the person concerned, the proper authority may require his attendance at such place and at such time as may be appointed, and any person whose attendance is so required shall attend and answer such questions as may be addressed to him for the purpose of enabling the registration to be completed or corrected, and if he refuses or without lawful excuse neglects to attend at the place or time appointed he shall, save as hereinbefore provided, be guilty of an offence against this Act.

Prohibition on leaving Malaysia

Exit permits may be granted by the proper authority and shall be valid for such period and subject to such conditions as the proper authority may specify in such permits. No exit permit shall be granted to a person registered under this Act except on the surrender of the certificate of registration of such person.

Any person who leaves Malaysia in contravention of subsection

or of any condition specified in the exit permit 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.

Applications for an exit permit may be made by any person or by his employer and shall be made in the prescribed manner.

Where an application for an exit permit is made, the proper authority, unless he grants the exit permit, shall, if so requested by the applicant, refer the application to a local advisory board constituted under Part VIII and such board may make such recommendations to the proper authority as it deems fit.

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 for the grant of an exit permit.

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Where an exit permit has been granted to any person, such person shall, before leaving Malaysia, notify the proper authority, in writing or in person, of his intention to leave Malaysia stating the proposed period of absence.

A person who has left Malaysia on an exit permit, shall, within seven days of his return to Malaysia, present himself to the proper authority, report his return to such authority and apply for a certificate of registration.

Any person who without reasonable excuse fails to comply with subsections (7) and (8) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred ringgit or to both.

A person to whom an exit permit has been granted under this section shall not be exempted from complying with any other law relating to departure from or entry into Malaysia.

Power to take suspected offenders into custody

When under the powers conferred by this section a police officer or an authorized person arrests any person without warrant the Officer in Charge of the Police Station to which the person is brought, shall, unless in his belief the release on bail of the person arrested would tend to defeat the registration of such person for national service, release such person on his entering into such recognizance, with or without sureties, as may in the judgment of such officer be required to secure his attendance upon the hearing of the charge.

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In this section “authorized person” means a person authorized by the Minister by notification in the Gazette to exercise the powers conferred by this section.

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—

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.

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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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.

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

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

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.

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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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.

liable to register under this Act; and

eligible for enlistment in the armed forces, shall be liable to be called up for service in the armed forces.

Calling up for service in armed forces

Subject to the following provisions of this Act every person upon whom an enlistment notice is served shall on the date specified in the notice present himself to the authority and shall enlist in the force therein specified in the manner provided by law for enlistment in such force and the term or period for which he is enlisted in such force shall, notwithstanding anything in any other written law for the time being in force governing service in such force, be deemed to be from the day of such enlistment for a period of two years, or such shorter period as may be specified in the enlistment notice.

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Any person who without reasonable excuse fails to comply with the requirements of an enlistment notice served on him under this section shall 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 thousand ringgit or to both.

Where an enlistment notice has been duly served on any person, the proper authority may, at any time while that person remains liable to be called up for service in the armed forces, cancel the notice and, if he thinks fit cause to be served on him a further enlistment notice.

An enlistment notice served on any person shall cease to have effect if before the date on which he is thereby required to present himself he ceases to be liable to be called up for service in the armed forces.

The proper authority may pay to persons required to present themselves in accordance with enlistment notices served upon them such travelling and other allowances as he may, with the approval of the Minister, determine.

PART VA

NATIONAL SERVICE RESERVE

Raising of national service reserve

Every person recalled under the last foregoing subsection shall report for service at such time and place as the competent authority may by notification in the Gazette or otherwise, appoint.

A copy of every proclamation made under subsection (1)

shall be published in the Gazette and laid before each House of

Parliament as soon as possible after it is made.

Any person in the national service reserve shall upon being re-called for full-time service by a proclamation under this section be deemed to be a person subject to service law and shall if he fails, without leave being lawfully granted or without any reasonable excuse, to report in accordance with subsection (2) be guilty of the offence mentioned in subsection 54(1) of the Armed Forces

Act 1972 [Act 77] as if he had deserted from the Forces; and any such person shall be tried before a court martial.

Retention of national servicemen in full-time service

No person shall be detained 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 fall to be discharged from the national service reserve.

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Liability of national service reservists for training

The competent authority may serve or may cause to be served upon any person in the national service reserve 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 on such day (not earlier than the thirtieth day after the day of the service of the notice), and to such authority, as may be specified in the notice.

Where a training notice has been served on any person, 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 at which, but not the date on which, he is thereby required to present himself.

Every training notice served otherwise than by registered post shall require the person upon whom it is served to acknowledge receipt thereof within such time as may be specified in the requirement; and if acknowledgment 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 never to have had effect.

If at any time during a person’s period of service in the national service reserve any change occurs in his name or address, he shall forthwith notify the change to such person and in such manner as may be prescribed; and if he fails to do so he shall be guilty of an offence against this Act.

Any person in the national service reserve shall upon being called out for training under this section be deemed to be a person subject to service law and shall if he fails, without leave being lawfully granted or without any reasonable excuse, to present himself in accordance with subsection (2) be guilty of the offence mentioned in section 58 of the Armed Forces Act 1972 [Act 77], as if he had failed to appear at the place of parade or rendezvous appointed by his commanding officer; and any such person shall be tried before a court martial.

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Attachment of national service reservists to armed forces during training

In the application of section 174 of the Armed Forces Act 1972 to a person in the national service reserve, the delivery of such person into military custody under that section or the committal of such person under that section for the purpose of being so delivered, shall not prevent that person from being subsequently tried in a civil court.

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Punishment for inducing a national service reservist to desert or absent himself

procures or persuades any person in the national service reserve to desert or attempts to procure or persuade any such person to desert;

knowing that a person as aforesaid is about to desert, aids or assists him in so doing; or

knowing any such person to be a deserter, conceals such person or aids or assists him in concealing himself, or aids or assists him in his rescue, shall 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 thousand ringgit or to both.

The last foregoing subsection shall apply to absence without leave and absentees without leave as it applies to desertion and deserters, but with the substitution for the reference to such imprisonment or fine as is therein specified of a reference to a fine not exceeding one thousand ringgit.

False pretence of desertion, etc.

a person shall not be liable to be tried in both of the following ways, that is to say, on the one hand by court martial or by the case being disposed of summarily

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by his commanding officer and on the other hand by a civil court, but shall be proceeded against in such one or other of those ways as may be prescribed;

proceedings against a person so charged, before either a court martial or his commanding officer or a civil court, may be instituted whether or not the term of the person’s service in the national service reserve has expired;

any such proceedings may, notwithstanding anything in any other written law, be instituted within two months after whichever of the following events is the later, that is to say—

the time at which the offence becomes known to an officer who by rules made under this Act has power to direct the way in which the offender is to be tried; or

nothing in any other written law which prescribes for a period of limitation respecting the time for the hearing and determining of offences shall apply in the case of any proceedings so instituted as aforesaid.

Record of illegal absence

Subject to the following provisions of this Act every person upon whom a police enrolment notice is served shall, on the date specified in the notice present himself to the authority and shall enrol in the police force therein specified in the manner provided by the Police Act 1967 [Act 344] or any other written law governing service in such force, and the term or period for which he is enrolled in such force shall, notwithstanding anything in any other written law for the time being in force governing service in such force, be deemed to be from the day of such enrolment for a period of two years, or such shorter period as may be specified in the police enrolment notice.

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Any person who, without reasonable excuse, fails to comply with the requirements of a police enrolment notice served on him under this section shall 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 thousand ringgit or to both.

Where a police enrolment notice has been duly served on any person, the proper authority may at any time while that person remains liable to be called up for service in the police forces, cancel the notice and, if he thinks fit cause to be served on him a further police enrolment notice.

A police enrolment notice served on any person shall cease to have effect if before the date on which he is thereby required to present himself he ceases to be liable to be called up for service in the police forces.

The proper authority may pay to persons required to present themselves in accordance with police enrolment notices served upon them such travelling and other allowances as he may, with the approval of the Minister, determine.

Every such notice shall state whether the service required of the person on whom it is served is full-time or part-time service and shall require such person to present himself in accordance with the terms of the notice at such place and time (not earlier than

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National Service the seventh day after the date of the service of the notice), and to such authority, and for service with such civil defence force, as may be specified in the notice.

Subject to the following provisions of this Act every person upon whom an enrolment notice is served shall on the date specified in the notice present himself to such authority and shall enrol in the force therein specified in the manner provided by the Civil

Defence Act 1951 [Act 221], or any regulations made thereunder, for enrolment in such force, and the term or period for which he is enrolled in any such force shall, notwithstanding anything in the

Civil Defence Act 1951, or any regulations made thereunder governing service in such force, be deemed in the case of full-time service to be for a period of two years, or such shorter period as may be specified in the enrolment notice.

Any person who without reasonable excuse fails to comply with the requirements of an enrolment notice served on him under this section shall 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 thousand ringgit or to both.

Where an enrolment notice has been duly served on any person, whether such person has already enrolled in the force specified therein or not, the proper authority may—

An enrolment notice served on any person shall cease to have effect if, before the date on which he is thereby required to present himself, he ceases to be liable to be called up for civil defence.

The proper authority may pay to persons required to present themselves in accordance with enrolment notices served upon them such travelling and other allowances as he may, with the approval of the Minister, determine.

Terms of service

he shall serve in the civil defence force specified in the enrolment notice served upon him or with such other civil defence force to which he may from time to time be transferred under the Civil Defence Act 1951 or any rules or regulations made thereunder;

he shall continue to serve in any civil defence force in which he is for the time being enrolled—

until he is discharged from such force in accordance with the written law governing such force;

he shall be subject to any written law for the time being in force which create offences by members of the civil defence force with which he is for the time being serving;

while serving with any civil defence force he shall be subject to the rules of government and discipline of the force;

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his conditions of service as regards pay, allowances, clothing, expenses and other matters shall be such as may be determined in accordance with Civil Defence Act 1951, and any rules or regulations made thereunder, or of any written law having reference to the civil defence forces.

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.

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

, 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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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.

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.

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.

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—

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.

there is in force a postponement certificate relating to such person; or

any application by such person or his employer under that last preceding section has been made and is awaiting determination, the notice served on him shall in the case of paragraph (a) be of no effect and in the case of paragraph (b) the operation of such notice shall be suspended until the determination of such application.

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Suspension of right to postponement of liability to serve

cancel all or any postponement certificates granted in pursuance of an application under subsection 17(2) and in force at the date of the order, either generally or in relation to a specified category of persons or in relation to any individual; and

abrogate, either generally or in relation to a specified category of persons, any right to apply for the grant of a postponement certificate under the said section;

and the Yang di-Pertuan Agong may, by order, vary or revoke any order in force under this section, without prejudice, however, to the previous effect of that order.

it was not reasonably practicable to reinstate him; or

his reinstatement in an occupation and under conditions not less favourable to him than those which would have been applicable to him had he not been called up from his civil employment was impracticable, and that the employer has offered to reinstate him in the most favourable occupation and under the most favourable conditions reasonably practicable.

For the purpose of securing the fair adjustment of contracts of service in force between employers and employees when the employees are or were so called up for service from their civil employment, the Yang di-Pertuan Agong may make rules relieving the parties to such contracts of all or any of their obligations thereunder in respect of the period of that service, and may also make rules modifying such contract by extending the period of service thereunder by a period not exceeding the period of the said service, and adapting the terms of the contracts in relation to any such extension.

In relation to any person so called up for national service from his civil employment references in this section to an employer shall be construed as including references to any person for the time being carrying on the undertaking or service in which he was employed when so called up as aforesaid, or carrying on any undertaking or service with which that undertaking or service has been amalgamated or in which it was comprised on the date on which he was so called up or directed as aforesaid.

If the Yang di-Pertuan Agong is satisfied that it is necessary to restrain employers from terminating the employment of their employees by reason of any duties or liabilities which they are or may become liable to perform or discharge by reason of their having been called up for national service from their civil employment or to make provision for the prevention of evasion of this section, he may make rules for those purposes, and such rules may make

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provision for the punishment of breaches of the rules, and may in particular apply with respect to persons found guilty of such breaches any of the provisions of this section relating to persons found guilty of offences under this section, with or without modifications.

For the purposes of this section a person who has been called out—

If in any proceedings under this section the Court is of opinion that there is reasonable cause to believe that the duties or liabilities aforesaid caused or contributed to the termination of the employment, the employment shall be deemed to have been terminated by reason of those duties or liabilities unless the employer proves that the termination was for a reason unconnected therewith.

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For the purposes of this section any person liable to be called out—

to members of local advisory boards such remuneration and allowances as the proper authority may, with the approval of the Minister, determine; and

to persons whose applications are referred to any board and to any witnesses whose attendance is certified by any such board to have been necessary, travelling and subsistence allowances in accordance with such scale as the proper authority may, with the approval of the Minister, determine.

Service of documents

maims or injures any person registered under this Act;

or

administers any drug or other substance to any person with intent in either case to produce in that person any disability or apparent disability and thereby to affect his suitability or apparent suitability to be called up for national service either generally or in any particular capacity, shall be guilty of an offence against this section.

Any person who knowingly makes any false statement as to the present or past state of health of any person registered under this Act with intent that such person shall be treated as unsuitable or less suitable for national service, either generally or in any particular capacity, shall be guilty of an offence against this section.

Any person registered under this Act who maims or injures himself, or administers to himself any drug or other substance, with intent in either case to produce in himself any disability or apparent disability and thereby to affect his suitability or apparent suitability for national service, either generally or in any particular capacity, shall be guilty of an offence against this section.

Any person who, at a medical examination under this Act, personates any other person with intent that that other person shall be treated as unsuitable or less suitable for national service, either generally or in any particular capacity, shall be guilty of an offence against this section.

Any person guilty of an offence against this section shall, on conviction, be liable to imprisonment for a term not exceeding ten years.

False statements and forgery

in giving any information for the purposes of this Act knowingly or recklessly makes any statement which is false in a material particular; or

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with intent to deceive—

forges or uses, or lends to or allows to be used by any other person, any document under this Act; or

incites any person liable to register for national service under this Act to evade any duties or liabilities which he is or may become liable to perform or discharge under or by virtue of this Act or to perform or discharge any such duties or liabilities otherwise than to the best of his ability;