Malaysia legislation
Section 35
Section 35
(1)
Where a person has made such declaration upon his attestation or re-engagement as may be prescribed and has thereafter received pay as a serviceman—
(a)
the validity of his enlistment or re-engagement shall not be called in question on the grounds of any error or omission in his attestation paper or application for re-engagement;
(b)
if within three months from the date on which he signed the said declaration he claims that his enlistment is invalid by reason of any non-compliance with the requirements of this Act or regulations made thereunder as to enlistment or re-engagement or any ground whatsoever (not being an error or omission in his attestation paper or application for re-engagement), the claim shall be submitted to the competent authority and if the claim is well founded the competent authority shall cause him to be discharged or
Armed Forces 45
his reengagement revoked, as the case may be, with all convenient speed;
(c)
subject to the provisions of the last foregoing paragraph he shall be deemed as from the expiration of three months from the date on which he made the said declaration to have been validly enlisted or re-engaged, as the case may be, notwithstanding any such non-compliance or other grounds as aforesaid;
(d)
notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim in pursuance of paragraph (b), he shall be deemed to be a serviceman until his discharge.
(2)
Where a person has received pay as a serviceman without having previously made such declaration as aforesaid, then—
(a)
he shall be deemed to be a serviceman of the regular forces until discharged; and
(b)
he may claim his discharge at any time, and if he makes such claim, the claim shall be submitted as soon as may be to the competent authority who shall cause him to be discharged with all convenient speed.
(3)
Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.
Regulations as to enlistment