Defence Act, 1954
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Existing regulars. |
296.—(1) The following provisions shall, as on and from the operative date, have effect in relation to every existing regular— | |
(a) he shall become and be a man of the Permanent Defence Force, | ||
(b) he shall, subject to this Act, hold in the Permanent Defence Force,— | ||
(i) if immediately before the operative date he held in the existing permanent force a non-commissioned military rank set out in column (2) of the Table to section 5 of the Act of 1947, the non-commissioned army rank set out in column (2) of the Third Schedule to this Act which is similar in name to such non-commissioned military rank, | ||
(ii) if immediately before the operative date he held in the existing permanent force the non-commissioned naval rank of warrant officer, the non-commissioned naval rank of warrant officer, | ||
(iii) if immediately before the operative date he held in the existing permanent force any grade of naval rating set out in column (4) of the Table to section 5 of the Act of 1947, the non-commissioned naval rank set out in column (3) of the Third Schedule to this Act which is similar in name to such grade of naval rating, | ||
(c) Chapter II of Part IV of this Act shall apply in respect of him as if he had been enlisted under section 53 and for this purpose the following provisions shall have effect— | ||
(i) he shall be deemed to have been enlisted under section 53 as a man of the Permanent Defence Force for service for a period equal to the period which is immediately before the operative date the term of his original enlistment within the meaning of the Act of 1923, and references in the said Chapter II to the term of his original enlistment shall be construed as references to the period for which he is so deemed to have been enlisted under section 53, | ||
(ii) in case his original enlistment under the Act of 1923 was, under subsection (1) of section 145 of the Act of 1923, for the whole of the term of his original enlistment, within the meaning of the Act of 1923, in army service, then, his enlistment under section 53 shall be deemed to be for the whole of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force, | ||
(iii) in case his original enlistment under the Act of 1923 was, under subsection (2) of section 145 of the Act of 1923, for portion (in this paragraph referred to as his period of army service in the existing permanent force) of the term of his original enlistment, within the meaning of the Act of 1923, in army service and for the residue of the said term in the existing reserve force, then, his enlistment under section 53 shall be deemed to be for a portion (equal in length to his period of army service in the existing permanent force) of the term of his original enlistment, within the meaning of this Act, in the Permanent Defence Force and for the residue of the said last-mentioned term in the Reserve Defence Force, | ||
(iv) in case his conditions of service were varied under section 146 of the Act of 1923, his conditions of service shall be deemed to have been likewise varied under regulations made under section 63, | ||
(v) the date of his attestation for the purposes of this Act shall be deemed to be,— | ||
(I) in case he did not re-enlist under section 3 or 4 of the Act of 1945, the date of his attestation under the Act of 1923, | ||
(II) in case he re-enlisted under section 3 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923, and | ||
(III) in case he re-enlisted under section 4 of the Act of 1945, the date which is, by virtue of subparagraph (iv) of paragraph (d) of section 4 of the Act of 1945, the date of his attestation for the purposes of Chapter V of Part II of the Act of 1923, | ||
(vi) in case he re-engaged for a further period of army service under section 152 of the Act of 1923, he shall be deemed to have re-engaged under section 64 for a further period of service in the Permanent Defence Force as on and from the date on which he so re-engaged under the said section 152, | ||
(vii) in case he was, before the 22nd day of February, 1949, continued in service in the existing permanent force under section 153 of the Act of 1923, he shall be continued in service in the Permanent Defence Force in the same manner as if his term of service were still unexpired, except that he may claim his discharge at the expiration of any period of three months after he has given notice to his commanding officer of his wish to be discharged, | ||
(viii) in case he was, on or after the 22nd day of February, 1949, continued in service in the existing permanent force under section 153 of the Act of 1923, as amended by section 5 of the Act of 1949, he shall be deemed to have been continued in service in the Permanent Defence Force under regulations made under section 65, | ||
(ix) in case he did not re-enlist under section 3 or 4 of the Act of 1945— | ||
(I) his service in the existing permanent force shall, for the purposes of this Act, be treated as service in the Permanent Defence Force, and | ||
(II) his service (if any) in the existing reserve force shall, for the purposes of this Act, be treated as service in the Reserve Defence Force, | ||
(x) in case he re-enlisted under section 3 of the Act of 1945, any period served by him in the existing permanent force on or after the date on which he enlisted under section 24 of the No. 2 Act of 1940 shall, for the purposes of this Act, be treated as a period served by him in the Permanent Defence Force, | ||
(xi) in case he re-enlisted under section 4 of the Act of 1945, the period served by him and mentioned in subparagraph (i) of paragraph (d) of section 4 of the Act of 1945 and any period served by him subsequent to his re-enlistment in the existing permanent force shall, for the purposes of this Act, be treated as periods served by him in the Permanent Defence Force. | ||
(2) (a) Every existing regular shall be deemed to have been appointed under subsection (2) of section 60 to the service corps which corresponds to his existing 1923-Act corps, but section 61 shall not apply in respect of him. | ||
(b) The following provisions shall apply in respect of an existing regular who was enlisted under the Act of 1923 for general service— | ||
(i) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is less than ten years, he may be transferred by order of the prescribed military authority to another service corps, | ||
(ii) in case his service as a man of the Permanent Defence Force in the service corps in which he is for the time being serving is ten years or more, he may be transferred by order of the prescribed military authority to another service corps, if, but only if— | ||
(I) he consents to such transfer, or | ||
(II) a proclamation authorising the calling out of reservists on permanent service is for the time being in force, | ||
(iii) for the purposes of this paragraph, his service as an existing regular in his existing 1923-Act corps shall be treated as service in the service corps to which he is deemed by virtue of paragraph (a) of this subsection to have been appointed. | ||
(c) Where an existing regular was enlisted under the Act of 1923 for service in a particular 1923-Act corps, he may be transferred by order of the prescribed military authority from the service corps to which he is deemed by virtue of paragraph (a) of this subsection to have been appointed or from any service corps to which he may be transferred under this paragraph to another service corps, if, but only if, he consents to such transfer. | ||
(3) Section 70, in its application to an existing regular, shall have effect— | ||
(a) as if for paragraph (b) of subsection (3) there were substituted the following paragraph— | ||
“(b) Where the time at which a man of the Permanent Defence Force would, by virtue of paragraph (a) of this subsection, be entitled to be transferred to the Reserve Defence Force occurs while a proclamation authorising the calling out of reservists on permanent service is in force, the following provisions shall have effect— | ||
(i) he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding twelve months) as the prescribed military authority may direct, | ||
(ii) on the expiration of such further period— | ||
(I) in case the term of his original enlistment has expired and he has not been re-engaged under section 64, he shall be discharged from the Permanent Defence Force with all convenient speed, and | ||
(II) in any other case, he shall be transferred in the prescribed manner to the Reserve Defence Force.”, and | ||
(b) as if for paragraph (b) of subsection (4) there were substituted the following paragraph— | ||
“(b) Where the time at which a man of the Permanent Defence Force would be virtue of paragraph (a) of this subsection be entitled to be discharged occurs while a proclamation authorising the calling out of reservists on permanent service is in force, he shall continue to serve as a man of the Permanent Defence Force for such further period (not exceeding twelve months) as the prescribed military authority may direct, and at the expiration of such further period shall be discharged from the Permanent Defence Force with all convenient speed.” |