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30 1923




Commissioned ranks in the Forces.

8. —The following shall be the grades of commissioned rank in the Forces:—

(1) General.

(2) Lieutenant-General.

(3) Major-General.

(4) Colonel.

(5) Major

(6) Commandant.

(7) Captain.

(8) Lieutenant.

(9) Second Lieutenant.

Non-commissioned ranks in the Forces.

9. —The following shall be the grades of non-commissioned rank in the Forces:—

(a) Non-commissioned Officers—

(1) Sergeant-Major.

(2) Quartermaster-Sergeant.

(3) Sergeant.

(4) Corporal.

(b) Men—

(5) Private.

Granting of Commissions.

10. —The Executive Council may on the nomination of the Minister appoint any person to commissioned rank or temporary commissioned rank in the Forces. All commissions shall be in the form specified in the first schedule hereto and shall be signed by the President of the Executive Council and the Minister.

Power to dismiss or dispense with services of any member of the Forces.

11. —The Executive Council acting through the Minister may dismiss or dispense with the services of an officer or discharge any other member of the Forces.

Power to establish Military Districts.

12. —The Minister may appoint and establish military districts throughout the State and divide a military district into two or more sub-districts.

Power to establish Head quarters, etc., Staffs.

13. —The Minister may establish Headquarter Staffs of the Forces and Instructional and Administrative Staffs for military districts as required, and appoint thereto as he may think fit officers of the Forces.

Members of the Staffs so appointed shall hold such rank and title, and fulfil such duties and functions and serve under such conditions and for such periods as may be prescribed.

Officers in executive command.

14. —The executive military command and inspection of the Forces or any portion thereof may, subject to this Act, be vested in such officer or officers of the Forces as may be appointed by the Executive Council.

Officers holding commissions during pleasure.

15. —All Officers of the Forces shall hold their commissions during the pleasure of the Executive Council, but the commission of an Officer shall not be cancelled without the holder thereof being notified in writing of any complaint or charge made, or any action proposed to be taken against him, nor without his being called upon to show cause in relation thereto:

Provided that no such notification shall be necessary in the case of an officer absent from duty without leave for a period of three months or more.

Appointment from ranks to commissioned ranks.

16. —The Executive Council on the recommendation of the Minister may, notwithstanding anything to the contrary in this Act contained or by regulation prescribed, reward any member of the Forces for distinguished services by appointing him to commissioned rank, or if he be an officer, by promoting him to higher rank.

Resignation of officers.

17. —An Officer of the Forces may, by writing under his hand, tender the resignation of his commission, but shall not, unless otherwise ordered by the Minister, be relieved of the duties of his appointment until the acceptance of his resignation is notified in the Iris Oifigiúil.

Appointments and Conditions of Service in the Forces.

Appointment of officers.

18. —From and after five years following upon the establishment of a military college under this Act, preference in appointment to commissioned rank in the Forces shall as far as possible, be given to graduates of that college.

Appointment of officers pending completion of period of five years, after the establishment of a Military College.

19. —Until the expiry of the period of five years after the establishment of a Military College, the following persons shall be eligible for appointment to commissioned rank in the Forces:—

(a) Citizens of Saorstát Eireann.

(b) Officers and men serving at the time of the passing of this Act in the National Forces.

(c) Such other persons as may be approved of by the Minister:

Provided that in any case the Minister may order such citizens, officers, men and persons or any of them to undergo such courses of instruction, and pass such qualifying tests as may be prescribed.

Half-pay and unattached list.

20. —The Minister may place any Officer of the Forces on a half-pay list for a period not exceeding one year.

Any officer who is not re-employed before the end of that period may at his own request be placed on the unattached list and await re-employment. An officer so placed on the unattached list shall cea e to draw the pay and allowances of his rank, but if he be subsequently re-employed, his services on the unattached list may be reckoned to count as service in the Forces on such conditions as may be prescribed.

Engagement and service in the Forces.

21. —(1) Every person engaging for service as a soldier in the Forces shall take an oath or make a solemn declaration before an Officer of the Forces or a District Justice or Peace Commissioner.

(2) The oath or declaration shall be in the form set out in the Second Schedule to this Act, Such oath or declaration shall bind the person subscribing to it to serve in the Forces in accordance with the tenor of his oath, until he is legally discharged, dismissed, or removed therefrom, or his resignation is accepted.

(3) Any member of the Forces other than an officer shall be entitled to receive his discharge therefrom either by purchase as may be prescribed, or on the expiration of the period of service for which he is engaged.

Establishment of Forces.

Date of Establishment.

22. —The Forces shall be established as from a date to be fixed by Proclamation of the Executive Council in the Iris Oifigiúil.