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1 1949

DEFENCE FORCES (TEMPORARY PROVISIONS) ACT, 1949

PART II.

Miscellaneous Amendments of the Acts.

Re-enactment with modifications of section 153 of the Principal Act and consequential amendment of section 157 of the Principal Act.

5. —(1) The following section shall be substituted for section 153 of the Principal Act—

“153.—(1) Where a soldier of the Forces who, under section 52 of this Act, has completed or will within one year complete a total continuous period of twenty-one years' Army service, gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the first period) of two years, the following provisions shall have effect—

(a) he may, with the approval of the prescribed military authority, be continued in service for the first period,

(b) if—

(i) he is continued in service for the first period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the second period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the second period,

(c) if—

(i) he is continued in service for the second period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the third period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the third period,

(d) if—

(i) he is continued in service for the third period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period (in this subsection referred to as the fourth period) of two years,

he may, with the approval of the prescribed military authority, be continued in service for the fourth period,

(e) if—

(i) he is continued in service for the fourth period, and

(ii) before the expiration thereof he gives notice to his commanding officer of his desire to continue to serve for a further period of two years,

he may be continued in service for that further period.

(2) Where a soldier of the Forces is continued in service for a particular period of two years under subsection (1) of this section he may be continued as a soldier of the Forces for that period in all respects as if his term of service were still unexpired.”

(2) Section 157 of the Principal Act is hereby amended as follows:—

(a) in subsection (1), the words “or of the period of his continuance in service” shall be inserted after the word “re-engagement”;

(b) in subsection (3), the words “or his continuance in service” shall be inserted after the word “re-engagement”.

Amendment of section 220 of the Principal Act.

6. —In section 220 of the Principal Act the following subsection shall be substituted for subsection (1), that is to say—

“(1) All or any of the men belonging to the Reserve shall be liable to undergo training within the State at such times and for such periods (not exceeding in any one year thirty days) as may be prescribed, and for that purpose may be called out from time to time as often as may be necessary and may be required to attend at such places as the Minister may direct.”

Assignment of officer of the Reserve to particular class of the Reserve of Officers.

7.— (1) An officer of the Reserve of Officers, appointed thereto before the passing of this Act, who does not belong to any particular class of the Reserve of Officers may be assigned by the Minister to any particular class of the Reserve of Officers.

(2) An officer of the Reserve of Officers, appointed thereto after the passing of this Act, may be assigned by the Minister to any particular class of the Reserve of Officers.

(3) An officer of the Reserve of Officers, whether appointed thereto before or after the passing of this Act, who for the time being belongs to a particular class of the Reserve of Officers may, with his own consent, be transferred by the Minister to another class of the Reserve of Officers.

Amendment of section 13 of the Defence Forces (Temporary Provisions) Act, 1946.

8. —(1) In paragraph (a) of subsection (2) of section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), the reference to a period of seven years from the date of dismissal shall be construed as a reference to the period ending on the date of the passing of this Act.

(2) Where a person holds, at the date of the passing of this Act, an office or employment mentioned in paragraph (a) of subsection (2) of section 13 of the Defence Forces (Temporary Provisions) Act, 1946 (No. 7 of 1946), the said paragraph (a) shall not be construed as rendering or as ever having had rendered the appointment of that person to that office or employment unlawful.

Amendment of section 3 of the Defence Forces (Temporary Provisions) Act, 1947.

9. —(1) In subsection (4) of section 3 of the Defence Forces (Temporary Provisions) Act, 1947 (No. 4 of 1947), the words “or either of the commissioned naval ranks” shall be inserted after the words “naval rank”.

(2) In the Table to section 3 of the Defence Forces (Temporary Provisions) Act, 1947 , there shall be inserted, in the third column at reference number 9, after the words “Meirgire or (in English) Ensign,” the words “Meánloingseach or (in English) Midshipman.”