Defence Forces (Temporary Provisions) Act, 1946

Relinquishment of commissions.

10.—(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 or on the ground of his failure to carry out his military obligations as required by regulations made under the Acts or on the ground that such relinquishment is in the interests of the service, and in any such case such officer shall relinquish his commission.

(3) Where, either before or after the passing of this Act, a person is appointed during a period of emergency to temporary commissioned rank in the Forces or in the Reserve, the President, acting on the advice of the Government, may at any time direct that such person shall relinquish his commission, and in that case such person shall relinquish his commission.

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

(b) Regulations made under subsection (4) of section 20 of the No. 2 Act of 1940 and in force immediately before the passing of this Act shall continue in force and be deemed to have been made under this subsection.