THE DEFENCE ACT
REGULATIONS
(under section 16)
The Defence (Officers) Regulations, 1962
(Made by the Governor-General on the
14th day of August, 1962)
1. These
Regulations may be cited as the Defence (Officers) citation. Regulations, 1962.
2.
(1) No person shall be granted a commission, other than an honorary
commission, in the Jamaica Defence Force unless he is a citizen of a Commonwealth country.
(2) Subject to the provisions of paragraphs (3) and (4), no officer
shall be appointed to the regular Force unless he is a citizen of Jamaica.
(3) An Officer who has held a commission in the West India Regiment may,
notwithstanding that he is not a citizen of Jamaica, be appointed to the regular Force.
(4) Where the Defence Board considers it to be necessary, a citizen of a
Commonwealth country may, notwithstanding that he is not it a citizen of Jamaica, be
appointed to the regular Force for a specified period and may be granted a commission.
3.
(1) An Officer of the regular Force, other than a quartermaster
Officer, shall
not, unless exempted by the Defence Board, be promoted to a substantive rank below that of
lieutenant-colonel unless he has previously qualified for such promotion at such
professional examinations or tests for that rank as may be fixed by the Defence Board from
time to time.
(2) An Officer of the regular Force, other than a quartermaster
Officer, shall, subject to paragraph (1), be eligible for promotion to higher substantive
rank on completion of the following periods of commissioned service –
to lieutenant, after 2 years as a second lieutenant;
to captain, after 4 years as a substantive lieutenant;
to major, after 7 years as a substantive captain.
(3) A quartermaster Officer of the regular Force shall be eligible for
promotion to higher substantive rank on completion of the following periods of
commissioned service –
to captain, after 6 years as a substantive lieutenant;
to major, after 6 years as a substantive captain.
(4) For the purposes of paragraph (2) in the case of an Officer appointed
to the regular force as a second lieutenant, the period of 2 years specified in paragraph
(2) shall include any period of training as an officer cadet immediately prior to the
grant of his commission in the Jamaica Defence Force at any training establishment
approved by the Defence Board for the purposes of this paragraph:
Provided that any period that is added to the standard period of
training as an officer cadet by virtue of a relegation shall be deducted from the total
period of training for the purposes of promotion.
(5) For the purposes of paragraph (3), in the case of a
quartermaster officer who immediately before the grant of his commission in the Jamaica
Defence Force was in full-time service in Her Majesty’s military forces as a warrant
officer, non-commissioned officer or soldier, account shall be taken, in such manner as
the Defence Board shall direct, of one-half of any such service as a warrant officer and
of one-third of any such service as a non-commissioned officer or soldier, so, however,
that neither the first 12 years of man service nor any service under the age of 17 years
or as an apprentice shall be counted.
(6) For the purposes of paragraphs (2) and (3) –
(a) in the case of any officer of the regular Force who,
immediately before the grant of his commission in the Jamaica Defence Force, was in
full-time commissioned service in Her Majesty’s military forces, any period of
commissioned service in any rank shall include any period of full-time commissioned
service in a corresponding rank in those forces; and
(b) in the case of any officer of the regular Force, a
period of commissioned service in any rank shall include any period of ante-date granted
by the Defence Board in respect of that rank.
(7) Promotion to the substantive ranks of lieutenant-colonel and above
shall be by selection by the Defence Board.
(8) Officers of the regular Force who, immediately before the 13th day of
September, 1967, were holding seniority in any rank, in accordance with the provisions of
these Regulations prior to the above-mentioned date, shall, with effect from that date, be
deemed to have acquired such seniority in such rank in accordance with the provisions of
these Regulations.
4. The
substantive promotion of officers of the Reserve shall be by selection by the Defence
Board.
5.
(1) An officer may be promoted to temporary rank to fill a vacancy in the
establishment of a unit.
(2) Local rank may, for the convenience of the service, be conferred on an
officer for such period as may be necessary. Local rank shall not carry any pecuniary
benefits.
6.
(1) Subject to the provisions of this regulation, an officer of the regular Force shall
retire on attaining the age limit appropriate to his age rank that is to say –
Lieutenant-Colonel at the age of 50
Major and below at the age of 47.
(2) Subject to the provisions of this regulation, an officer of the first
class of the Reserve shall retire on attaining the age limit appropriate to his rank, that
is to say –
Lieutenant-Colonel at the age of 50
Major at the age of 48
Captain and below at the age of 45.
(3) An officer who has attained the age limit appropriate to his rank may
on the recommendation of the Defence Board be permitted to continue in the service.
(4) The provisions of this regulation shall not apply to officers serving
on the permanent staff of the Jamaica National Reserve.
(5) Nothing in this regulation shall be taken to prevent the appointment to
any rank specified or referred to in this regulation, for such period as may be specified
in the instrument of appointment (and if the Defence Board so recommends), of any person
who has already attained the age limit appropriate to that rank.
7. An
officer may, at the discretion of the Defence Board, be permitted to retire or resign his
commission at his own request.
8. An
officer who, on account of ill health, is reported by the approved medical authority as
being unfit for military service under current standards laid down by the Defence Board
shall be retired.
9. The
Governor-General may at any time remove an officer from the Jamaica Defence Force for
misconduct.
10.
(1) An officer shall not be called upon to retire or resign his commission
except by the Defence Board.
(2) An officer may at any time be called upon by the Defence Board to
retire or resign his commission for misconduct or for reasons other than misconduct.
(3) In the event of an officer failing to retire or resign when called upon
to do so under this regulation, his commission shall be terminated.
11. At the
discretion of the Defence Board, an officer who, the provisions of these Regulations,
falls due or applies to retire or resign commission may instead be required to transfer to
the second class of the Reserve.
12.
(1) A person may be granted an honorary commission in such rank and under such
conditions as may be specified by the Governor-General.
(2) A person granted an honorary rank shall not, by virtue of such
commission, be entitled to any pay, allowance, retired pay, pension, gratuity or other
emolument.