PART IV.

Provisions in Relation to Officers and Soldiers, Enlistment of Soldiers, and Military Service.

Chapter I.

Officers and Soldiers.

19. —(1) Every officer of the Forces shall upon being granted a commission in the Forces take an oath or make a declaration in either the form set out in Part I of the Second Schedule to this Act or the form set out in Part II of the said Schedule.

(2) Every officer of the Reserve of Officers shall upon being granted a commission in the Reserve of Officers take an oath or make a declaration in either the form set out in Part I of the Third Schedule to this Act or the form set out in Part II of the said Schedule.

(3) The oath or declaration in the last two preceding sub-sections mentioned shall be taken or made within such time as the Minister may direct in the presence of an officer (who is hereby authorised to administer such oath) nominated by the Minister for the purpose.

(4) If any person appointed to commissioned rank who is required to take an oath or make a declaration under sub-section (1) or sub-section (2) of this section refuses or neglects to do so within the time and in the manner mentioned in sub-section (3) of this section he shall be deemed to have tendered the resignation of his commission and such resignation shall be deemed to have been accepted at the expiration of the time directed by the Minister under the said sub-section (3).

20. —(1) An officer of the Reserve of Officers holding a particular rank shall, on reaching an age which is, in relation to officers of the Reserve of Officers of that rank, prescribed as the age for the relinquishment of their commissions, relinquish his commission.

(2) The President, acting on the advice of the Government, may direct that any officer of the Reserve of Officers shall relinquish his commission on the ground of ill-health and in that case such officer shall relinquish his commission.

(3) The relinquishment of his commission by an officer under sub-section (2) of this section shall take effect as on and from such date as the President, acting on the advice of the Government, may fix.

(4) The Minister may make regulations in relation to the matter referred to as prescribed in sub-section (1) of this section, and the word “prescribed” in the said sub-section means prescribed by such regulations.

21. —(1) Section 11 of the Defence Forces Act, 1937 (No. 41 of 1937), is hereby repealed and in lieu thereof it is hereby enacted that the oath or declaration to be taken or made pursuant to section 21 of the Principal Act by a person enlisting in the Forces under Chapter V of Part II of the Principal Act shall be either in the form set out in Part I of the Fourth Schedule to this Act or in the form set out in Part II of the said Schedule.

(2) Every person enlisting in the Forces under Chapter II of this Part of this Act shall take an oath or make, a declaration in either the form set out in Part I of the Fourth Schedule to this Act or the form set out in Part II of the said Schedule.

(3) Every person directly enlisting in the Reserve of Men under Chapter II of this Part of this Act shall take an oath or make a declaration in either the form set out in Part I of the Fifth Schedule to this Act or in the form set out in Part II of the said Schedule.

(4) The oath or declaration in the last two preceding sub-sections mentioned shall be taken or made before a Justice of the District Court, a Peace Commissioner or any officer of the Forces (who is hereby authorised to administer such oath) nominated by the Minister for the purpose.

(5) The oath taken or declaration made in pursuance of sub-section (2) or sub-section (3) of this section by a person enlisting under Chapter II of this Part of this Act in the Forces or the Reserve shall bind such person to serve in accordance with his engagement and the tenor of such oath or declaration until he is legally discharged.