Section 38: Validity of attestation and enlistment

(1) Where a person has on attestation made the prescribed declaration and thereafter receives pay as a member of the Armed Forces-
(a) the validity of his enlistment shall not be called in question on the grounds of an error or omission in his attestation paper;
(b) after the expiration of a period of three months from the date on which he made the declaration, he shall be deemed to have been validly enlisted notwithstanding any non-compliance with the requirements of this Act or any other ground whatsoever (not being an error or omission in his attestation paper),
and, accordingly, he shall be subject to service law under this Act until his discharge under this Act.
(2) Where a person has received pay consequent on enlistment without having previously made the prescribed declaration for enlisting, he may claim his discharge at any time, and if he makes such claim, the claim shall be submitted as soon as may be to the competent service authority who shall cause him to be discharged with all convenient speed, and until he is discharged, he shall be deemed to be an enlisted person.
(3) Nothing in this section shall be construed as prejudicing the determination of any question as to the term for which a person was entitled or as preventing the discharge of a person who has not claimed his discharge.