|
|
Validity of attestation and enlistment or re-engagement.
|
164.—(1) Where a person after his attestation on his enlistment or the making of his declaration on re-engagement, has received pay as a soldier of the Forces during three months, he shall be deemed to have been duly attested and enlisted or duly re-engaged, as the case may be, and shall not be entitled to claim his discharge on the grounds of any error or illegality in his enlistment, attestation or re-engagement on any ground whatsoever, save as authorised by this Act, and, if within the said three months, such person claims his discharge, any such error or illegality or other ground shall not, until such person is discharged in pursuance of his claim, affect his position as a soldier in the service, or invalidate any proceedings, act, or thing taken or done prior to such discharge.
|
|
| |
(2) Where a person is in pay as a soldier in any corps of the Forces, such person shall be deemed for all purposes of this Act to be a soldier of the Forces, with this qualification, that he may at any time claim his discharge, but until he so claims and is discharged in pursuance of that claim, he shall be subject to this Act as a soldier of the Forces legally enlisted and duly attested under this Act.
|
|
| |
(3) Where a person claims his discharge on the ground that he has not been attested or re-engaged or not duly attested or reengaged, his Commanding Officer shall forthwith forward such claim to the prescribed military authority, who shall as soon as practicable submit it to the Minister, and if the claim appears to the Minister to be well grounded the claimant shall be discharged with all convenient speed.
|
