Section 3
Provisions as to active service
(1)
In this Act the expression “on active service” in relation to a force means that it is engaged in operations against an enemy, or is in a country or territory outside Malaysia for the preservation of life or
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property or is on military occupation of a foreign country, and in relation to a person means that he is serving in or with such a force which is on active service.
(2)
Where it appears to the Minister that, by reason of the imminence of active service or of the recent existence of active service, it is necessary that a force should be deemed to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein that force shall be deemed to be on active service.
(3)
Where the Minister deems it necessary that the period specified in a declaration under the last foregoing subsection should be prolonged or, if previously prolonged under this subsection, should be further prolonged, he may declare that the said period shall be prolonged by such time, not exceeding three months, as may be specified in the declaration under this subsection.
(4)
If, at any time while any force is deemed to be on active service by virtue of the foregoing provisions of this section, it appears to the
Minister that there is no necessity for the force to continue to be treated as being on active service, he may direct that as from the coming into operation of the direction the force shall cease to be deemed to be on active service; but any direction under this subsection shall be without prejudice to anything done by virtue of the declaration before the coming into force of the direction.
(5)
The Minister may delegate the powers conferred on him by subsections (2) and (3) to any officer not below the rank of colonel, or its equivalent commanding a force which is serving outside the
Federation:
Provided that before an officer to whom the Minister has delegated all or any of his powers as aforesaid makes a declaration under this section he shall, unless satisfied that it is not possible to communicate with sufficient speed with the Minister, obtain the consent of the
Minister to the declaration; and in any case where that consent has not been obtained before the making of a declaration under this section the
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officer shall report the making thereof to the Minister with the utmost practicable speed.