Section 159
Forfeiture for absence from duty
The pay of an officer or serviceman may be forfeited—
144 Laws of Malaysia ACT 77
(a)
for any day of absence in such circumstances as to constitute an offence under section 54 or 55 or, if the competent authority so directs, of other absence without leave;
(b)
for any day of imprisonment, detention or field punishment awarded under this Act by a court-martial or commanding officer, or of imprisonment or detention of any description to which he is liable in consequence of an order or sentence of a civil court;
(c)
where he is found guilty (whether by court-martial, an appropriate superior authority or his commanding officer)
of an offence under this Act, for any day (whether before or after he is found guilty) on which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.
(2)
The pay of an officer or serviceman may be forfeited for any day of absence by reason of his having been made a prisoner of war if the competent authority is satisfied—
(a)
that he was made a prisoner of war through disobedience of orders or wilful neglect of his duty;
(b)
that having been made a prisoner of war he failed to take any reasonable steps available to him to rejoin His
Majesty’s service; or
(c)
that having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorized by international usage, but save as aforesaid, nothing in paragraph (1)(a) shall apply to absence by reason of having been made a prisoner of war.
(3)
Pay and Allowances Regulations may make provision as to the computation of time for the purposes of this section and in particular as to the counting or disregarding of parts of days.
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