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LAWS OF MALAYSIA
REPRINT
Act 425
NATIONAL SERVICE
ACT 1952
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
PREVIOUS REPRINT
Act 425
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
EXEMPTIONS
PART III
4. Liability to register
5. Registration
6. Rules regarding registration
7. Prohibition on leaving Malaysia
8. Power to take suspected offenders into custody
PART IV
MEDICAL EXAMINATION
Section
PART VI
ENROLMENT IN THE POLICE FORCES
PART VII
ENROLMENT IN CIVIL DEFENCE FORCES
Section
PART IX
PART X
SUPPLEMENTARY
Act 425
PART I
PRELIMINARY
Short title
Interpretation
“police forces” includes the Police Force and any other force
which the Minister may declare for the purposes of Part VI of this
Act to have been raised for police duties; and “a police force” shall
be construed accordingly; Adam Haida & Co
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“the proper authority” means the person appointed by the Minister
to be the proper authority for the purposes of all or any of the
provisions of this Act in which such expression occurs;
(2) 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.
(3) (Omitted).
PART II
EXEMPTIONS
(3) 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
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deemed to be of no effect.
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PART III
Liability to register
Registration
(6) 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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(7) 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.
PART IV
MEDICAL EXAMINATION
Medical examination
(2) 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—
(a) in a case where the board is unable to complete a medical
examination on one occasion to direct the person examined
to submit himself to a further medical examination by a
medical board at a specified time and place; and
(b) to direct the person examined to submit himself to
examination by a consultant examiner.
(8) 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. Adam Haida & Co
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(9) 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.
PART V
10. Every person not being less than eighteen years of age who
for the time being is—
(a) liable to register under this Act; and
(b) eligible for enlistment in the armed forces,
11. (1) The proper authority may cause to be served on any person
who is liable to be called up for service in the armed forces and
who has been medically examined under section 9, a written notice
(hereinafter in this Act called “an enlistment notice”) stating that
he is called up for service in such one of the armed forces as may
be specified and requiring him to present himself at such place and
time (not earlier than the seventh day after the date of the service
of the notice) and to such authority as may be so specified.
PART VA
(4) 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.
11F. (1) During the period of his service in the national service
reserve a person may be called out for training for any periods not
exceeding in the aggregate fifteen days in any year of that service.
(3) 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.
(6) 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
11R. Section 182 of the Armed Forces Act 1972 (which relates
to proof of outcome of civil trial of a person subject to service law)
shall apply in the case of a person in the national service reserve
who is tried by a civil court, whether or not he is at the time of
the trial subject to service law. Adam Haida & Co
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Interpretation of Part VA
PART VI
12. Every person not being less than eighteen years of age who
for the time being is liable to register under this Act shall be liable
to be called up for service in the police force.
PART VII
14. Every person not being less than eighteen years of age who
for the time being is liable to register under this Act shall be liable
to be called up for civil defence either for full-time or part-time
service in the manner and on the terms provided by this Part.
15. (1) The proper authority may cause to be served on any person
who for the time being is liable to be called up for civil defence,
a notice in the prescribed form (in this Act referred to as “an
enrolment notice”) stating that he is called up for civil defence.
(2) 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
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with the terms of the notice at such place andHaida & Co
time (not earlier than
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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.
Terms of service
16. A person who is enrolled in a civil defence force under
subsection 15(3) shall be deemed to have been enrolled in such
force on the following terms:
(a) 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;
(b) he shall continue to serve in any civil defence force in
which he is for the time being enrolled—
(i) until he is discharged from such force in accordance
with the written law governing such force;
(ii) until he is enrolled in some other civil defence
force to which he has been transferred under
paragraph (a);
(iii) until the expiry of the period (if any) for which
he was enrolled in accordance with the enrolment
notice under which he was first enrolled; or
(iv) until the cancellation of such enrolment notice
under subsection 15(5),
(c) 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;
(d) 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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(e) 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.
PART VIII
17. (1) Subject to this section, any person registered under this
Act may apply in the prescribed manner to the proper authority
for a certificate of postponement of liability to be called up for
service in the armed forces, the police forces or for full-time
service in the civil defence forces (hereinafter in this Act referred
to as “a postponement certificate”) on the ground that exceptional
hardship would ensue if he were 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 to such person.
(b) The Minister may appoint for any specified area a Chairman
of local advisory boards and a panel consisting of not less than
three and not more than twelve persons who shall be eligible to
serve on a local advisory board constituted for that area.
(6) 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.
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.
PART IX
20. (1) It shall be the duty of the employer by whom any person
was employed for a period of at least fourteen days immediately
preceding the day on which he was called up for full-time national
service under this Act to reinstate him in his employment at the
termination of that service in an occupation and under conditions
not less favourable to him than those which would have been
applicable to him had he not been so called up, and if he fails to
do so, the employer shall, subject as hereinafter provided, be liable
on conviction to a fine not exceeding two thousand ringgit; and
the Court by which any employer is found guilty of an offence
under this subsection may order him to pay to the person whom
he has failed to reinstate a sum not exceeding an amount equal to
three months remuneration at the rate at which his remuneration
was last payable to him by the employer:
(5) For the purposes of this section a person who has been
called out—
(a) under section 202 of the Armed Forces Act 1972;
(b) under section 55 of the Police Act 1967 [Act 344]; or
(c) under section 7 of the Civil Defence Act 1951,
PART X
SUPPLEMENTARY
Service of documents
Provided that where any document has been sent to any person
by post, service on him shall not be deemed to have been duly
effected unless it is proved either that he received such document
or that it was sent by registered post addressed to him at his last
known address. Adam Haida & Co
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Penalties for maiming, etc.
(3) 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.
25A . Whoever—
(a) 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;
(b) obstructs or incites any person to obstruct in any way
whatsoever the service or delivery of a notice or other
document required under this Act to be served on or
delivered to any person registered or liable to register for
national service under this Act; or
(c) incites any person to oppose national service under this
Act,
26. (1) Where for the purpose of the prosecution of any person
for an offence under this Act by reason of his failure to comply—
(a) with the requirements of rules made under subsection
6(1); or
(b) with the requirements of an enlistment notice, police
enrolment notice, or enrolment notice served on him or
directions given to him under Part V, VI or VII,
Provided that, if it appears to the Court that there are any special
circumstances giving rise to doubt as to either of the matters
aforesaid, the Court may require the matter to be proved by the
prosecution.
Provided that, if it appears to the Court that there are any special
circumstances giving rise to doubt as to any matter stated in any
such certificate, or as to the relation of any such certificate to the
defendant, the Court may require the prosecution to prove that
matter, or that the certificate relates to the defendant, as the case
may be.
27. Any person guilty of an offence against this Act, not being
an offence for which a penalty is thereby expressly provided, by
reason of non-compliance with any of Adam Haida & Co
the provisions of this Act
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shall be liable, on conviction, to imprisonment for a term not
exceeding three months or to a fine not exceeding five hundred
ringgit or to both:
Rules
Act 425
LIST OF AMENDMENTS
Act 425
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
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BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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