Section 213
Application of the Act to reserve and volunteer forces
Subject to the provisions of this section, references in Parts
V, VI and VII to the regular forces shall include references to the following persons, that is to say:
(a)
reservists of the Regular Forces Reserve who become subject to service law under paragraph 209(1)(d); and
(b)
members of the volunteer forces who become subject to service law under paragraphs 209(1)(e) and (f), and references to officers and servicemen or to members of a body of the regular forces or to illegal absence from those forces shall be construed accordingly.
188 Laws of Malaysia ACT 77
(2)
Section 34, with the exception of paragraph (1)(b) thereof, shall apply to the servicemen of the Regular Forces Reserve and of the volunteer forces as they apply to servicemen of the regular forces.
(3)
The powers conferred by subsections 54(3) and 100(3) to direct the forfeiture of an offender’s previous service shall not be exercisable in relation to the servicemen of the Regular Forces Reserve or of the volunteer forces.
(4)
Paragraph 54(2)(c), sections 164 to 167 inclusive and except in so far as they may be applied by regulations made under section 207,
Part V relating to the award of stoppages and sections 158 to 163
inclusive shall not apply—
(a)
to officers of the Regular Forces Reserve who are not in actual service;
(b)
to the servicemen of the Regular Forces Reserve except when called out for service under section 190; or
(c)
to members of the volunteer forces except when they are called out for service under section 202.
(5)
In the last foregoing subsection the expression “actual service”, in relation to an officer of the Regular Forces Reserve, means that he is serving (otherwise than when undergoing training) with a body of the regular forces, or of the Regular Forces Reserve called out for service or with a part of any of the volunteer forces which is called out for service.
(6)
In the case of a volunteer below the rank of warrant officer who is found guilty of an offence by his commanding officer, section 97
shall apply as if the punishments specified in subsection (3) of that section included dismissal from His Majesty’s service:
Provided that if the commanding officer awards such dismissal he shall not award any other punishment.
Armed Forces 189
(7)
In respect of Part V, for the purpose of this section, where any of the provisions therein specify that a certain action may be carried out by a member of the regular forces of a particular rank or holding a particular post, and the Regular Forces Reserve or the volunteer forces do not have a member of such rank or holding such post, then a member of the regular forces who is of that rank or is holding that post may carry out such action in relation to a member of the Regular Forces
Reserve or volunteer forces.