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NATIONAL SERVICE ACT, 1972
28 of 1972
9th June, 1972
In the wake of the Chinese aggression. Government formulated a Compulsory Liability Scheme whereby engineers and doctors belonging to certain age groups, who were either in Government service or in the service of any public sector undertaking were made liable to lender service to the Armed Forces of the Union for a specified period. It is apprehended that this scheme might lead lo a diversion of medical and engineering graduates away from Government service or service in any public sector undertaking. Besides, it has been found that the Compulsory Liability Scheme cannot, by itself, be relied upon to provide a sufficient number of doctors and engineers for the Armed Forces of the Union or for other forms 6f national service. It is, therefore, considered necessary that this liability should be extended to all persons who hold recognised medical qualifications within the meaning of the Indian Medical Council Act, 1956, or a degree in engineering or technology, or both. It is also felt that the Scheme should cover any kind of national service which the Government may specify and that the Scheme should not be restricted in its scope to defence efforts only. This will have the advantage of widening of the base of recruitment to the Armed Forces of the Union and will also help in ensuring that the doctors or engineers required for activities of national mportance such as, construction of dams in remote and difficult areas family planning programme and health services in rural areas, etc., become available. It will also enable the setting up of an agency fully equipped with detailed and up-to-date information regarding the availability of engineers and doctors and of a machinery for mobilisation which will be essential in the event of an emergency. 2. The Bill seeks to restrict the period for which the persons may be called up for rendering national service to a period not exceeding four years. The bill seeks to impose a further restriction to the effect that the liability of a qualified person shall come to an end on his attaining the age of thirty years. 3. The bill also provides for payment to persons called up for rendering national service of remuneration at a scale which is not less favourable than the remuneration admissible to similarly placed Government employees. The Bill also provides that where a person, in employment, is called up for rendering national service, his former employer shall be Under an obligation to reinstate him in his former employment on terms and conditions which are notless favourable to him than those to which he was entitled before he was called up for national service. 4. The Bill seeks to give effect to the purposes mentioned above - Gaz. of Ind., 5-4-1972, Pt. II, S, 2, Ext" p. 288. [9th June, 19721
An Act to provide, for the registration of qualified persons and for the rendering of national service by such persons and for matters connected therewith. Be it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE EXTENT AND COMMENCEMENT
(1) This Act may be called The National Service
(2) It extends to the whole of India.
(3) It shall.come into force on such date as the Central Government may, by notification, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "employer" means any person who employs any qualified person for doing any work in any establishment and includes any .person entrusted with the supervision and control of qualified persons in such establishment;
(b) ''establishment'' means-
(i).any office, or
(ii) any place where any industry, trade, business or occupation is carried on, and includes any technical institution or training centre;
(c) "national service" means any service which is likely to assist the defence of India and civil defence or the efficient conduct of military operations and includes such social service as the Central Government may, if it is of opinion that it is necessary for public purposes so to do, by notification specify in this behalf;
(d) "notification" means a notification published in the Official Gazette;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "qualified person" means a citizen of India who is ordinarily resident in India and who,-
(i) has obtained a recognised medical qualification within the meaning of theIndian Medical Council Act, 1956, or
(ii) has obtained, or has passed an examination which entitles him to obtain, a degree of a University or its equivalent qualification in any branch of engineering or technology or both.
SECTION 03: LIABILITY OF PERSONS TO BE CALLED UP FOR NATIONAL SERVICE
(1) Every person who-
(a) is a qualified person at the commencement of this Act, or
(b) becomes a qualified person after such commencement, shall, if he has not attained the age of thirty years at such commencement, or, as the case may be, on the date on which he becomes a qualified person, be liable until he attains the age of thirty years to be called up for national service for a period of not more than four years.
(2) The period of national service for which a qualified person shall be liable to be called up under this Act shall begin from the date on which he is required by an enlistment notice served under this Act to present himself to the authority specified therein and shall end on the day when his term of national service is completed in accordance with the provisions of this Act.
SECTION 04: VOLUNTARY SERVICE IN LIEU OF NATIONAL SERVICE
( 1 ) If a qualified person has been enlisted under any other law for the time being in force, for service in one of the Armed Forces of the Union for a period of not less than four years, he shall perform the service required of the members of that Force in lieu of the national service required under this Act.
(2) If a qualified person has rendered or is rendering service other than service in one of the Armed Forces of the Union and such service is declared by the Central Government to be equivalent to national service, the period of such service shall be deemed to be service in lieu of the national service required under this Act and he shall (unless he has ceased to be liable under this Act to be called up for national service), be liable to be called up for national service for such term as will, together with the service completed by him, be equivalent to the term of service for. which persons are liable to serve under this Act.
(3) If any qualified person has been enlisted as a member of-
(a) the Indian Reserve Forces, regulated under the Indian Reserve Forces Act, 1888-,
(b) the Territorial Army constituted under the Territorial Army Act, 1948,
(c) the Air Force Reserve or the Auxiliary Air Force Reserve constituted under the Reserve and Auxiliary Air Forces Act, 1952,
(d) the Indian Naval Reserve Forces raised and maintained under the Navy Act, 1957-, or
(e) any other Force of the foregoing nature, he shall not be called up, so long as he continues to be a member of that Force to render national service under this Act : Provided that he shall, after he has ceased to be a member of such Force, be liable to render national service (unless he has ceased to be liable under this Act to be called up for national service) for such term as will, together with the actual service rendered by him as a member of that Force be equivalent to the term of service for which persons are liable to serve under this Act.
SECTION 05: LIABILITY TO COMPLETE INTERRUPTED SERVICE
If any qualified person serving in the Armed Forces of the Union ceases to serve therein before he has completed four years of such service he shall, unless he has ceased to be liable under this Act to be called up for national service, be liable to be called up to serve for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this Act.
SECTION 06: POWER OF CENTRAL GOVERNMENT TO DIRECT A PERSON TO RENDER SERVICE WITH THE ARMED FORCES OF UNION OR OTHER NATIONAL SERVICE
Subject to the provisions of section 3-, the Central Government may, by order, require a qualified person to render service in the Armed Forces of the Union or such other national service, as it may specify in this behalf, for such period and at such place as may be specified in the order.
SECTION 07: DISCIPLINE
(1) Every qualified person enlisted under this Act for national service in the Armed Forces on the Union shall, subject to such conditions as may be prescribed, be bound to serve in any branch of the Armed Forces to which he is for the time being attached, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such branch.
(2) Every qualified person enlisted for any national service, other than service in the Armed Forces of the Union shall, subject to such conditions as may be prescribed, be bound to serve in any position or post to which he is appointed for the time being, and shall be subject to all laws, rules, regulations and orders in force for the time being in relation to such position or post.
SECTION 08: POWER OF CENTRAL GOVERNMENT TO REQUIRE ANY EMPLOYER TO RELEASE QUALIFIED PERSONS
(1) The Central Government may, by order in writing, require any employer to release any qualified person for employment in national service within such time as may be specified in the order.
(2) Where an employer releases a qualified person for employment in national service, such employer shall not be liable to pay the salary, wages and other emoluments, if any, of the qualified person for the period during which national service is or has been rendered by the qualified person.
(3) No contract, subsisting between a qualified person and his employer on the date of release of the qualified person for employment in national service, shall be enforceable until such qualified person has been discharged from national service.
(4) In computing the period specified in any contract of service in relation to a qualified person who has been called upon to render national service, the period of national service actually rendered by such qualified person shall be excluded.
(5) If any employer fails without sufficient cause to comply with the order made under sub- section (1), he shall be liable to be punished with imprisonment for a term which may extend to three years and also with fine which may extend to one thousand rupees.
SECTION 09: TRANSFER
The Central Government may by regulations make provisions for enabling or requiring a qualified person rendering national service in any branch of the Armed Forces of the Union to be transferred to any other branch of that Force or to any other branch of national service or vice versa.
SECTION 10: PERSONS NOT TO LEAVE NATIONAL SERVICE OR BE DISCHARGED THEREFROM UNLESS PERMITTED BY CENTRAL GOVERNMENT
(1) No qualified person rendering national service under this Act shall leave such service until he is discharged therefrom under section 17-.
(2) No qualified person who has been served with a notice under subsection ( 1 ) of section 13-or an enlistment notice under section 14-shall, if he is in any employment at the date of service of such notice, leave such employment or be discharged therefrom except in accordance with the provisions of this Act. Provided that nothing in this .sub-section shall apply where the employment of a qualified person is terminated for the reason that the said person has been guilty of gross insubordination. habitual absence from work, or serious misconduct or has been convicted of an offence,
(3) If a qualified person who has been served with a notice under subsection ( 1 ) of section 13-or an enlistment notice under section 14-leaves any employment in which he is engaged at the date of service of such notice or is discharged therefrom otherwise than in accordance with the provisions of this Act, he or, as the case may be, the person by whom he is discharged, shall be punished with imprisonment for a term which may extend to five years and also with fine which may extend to two thousand rupees.-
SECTION 11: PERSONS REQUIRED TO REGISTER
(1) Every qualified person shall, if he is liable, at the commencement of this Act, to be called up for national service, make an application, within ninety days from such commencement,1to be registered under this Act.
(2) Every qualified person who becomes liable after the commencement of this Act to be called up for national service, shall within thirty days from the date on which he becomes so liable, make an application to be registered under this Act.
SECTION 12: REGISTRATION
(1) The Central Government shall, by order, direct qualified persons who rerequired to be registered under this Act,-
(a) to furnish at such place and time, in such manner and to such authority or person as may be specified therein, such particulars about themselves as the order may require; and.
( b) to make at such place, in such manner and to such or person as may be specified in the order, an application to be registered under this Act.
(2) The order made under sub-section (1) may make different provisions in relation to different classes of qualified subject lo registration and way provide for exempting from any requirements of the order of any class, of qualified persons with respect to whom the Central Government is satisfied that particulars sufficient for the purposes of this Act can be ascertained otherwise than by virtue of those requirements.
(3) If any qualified person fails to comply with any requirement of the order made under sub- section (1), he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both.
(4)The Central Government shall ensure-
(a) that upon an application duly made for registration under this Act, the name and address of the applicant together with the particulars of the matters with respect to which information was given by the applicant: in, pursuance of the order made under sub-section (1 ) are entered in a register kept for the purposes of this Act, to be known as the "National Service Register''; and
(b) that upon the applicant being registered, a certificate of registration is issued to the applicant in the prescribed form.
(5) The information contained in the National Service Register shall not be used for any purpose other than the purposes of this Act:. Provided that nothing in this sub-section shall preclude the Central Government from disclosing, for statistical purposes, any information contained in the National Service Register,
(6) The Central Government may cause registration to be made of, and a certificate of registration to be issued to, any qualified, person of a class exempted from any of the requirements of sub-section (1) as if that person had duly applied to be registered under, this Act.
(7) (a) lf any qualified person subject to registration under this Act communicates to the Central Government in the prescribed manner, that he has a preference for the Army, Air Force or Naval Service, that fact shall be recorded in the National Service Register.
(b) lf a qualified person belonging to a class which is exempted from registration under this Act has a preference for the Army, Air Force or Naval Service, he shall intimate such preference to the Central Government in such manner as that Government may specify and, on receipt of such intimation, the Central Government shall cause such preference to be recorded in the National Service Register.
(8) (a) If any change occurs in the name or address of any qualified person while such person remains registered under this Act, or if any such person acquires any additional academic or professional qualification or distinction, he shall forthwith communicate the change name or address, or, as the case may be, the acquisition by him of additional academic; or professional qualification or distinction to the Central Government in the prescribed manner, and at the same time return to the Central Government, for correction, any certificate of registration held by him and if he fails to communicate the change of his name or address, or, as the case may be, the acquisition by him of the additional
academic or professional qualification or distinction, he shall be liable to be punished with fine which may extend to five hundred rupees;
(b) Upon the receipt of a communication of the change of name or address of any qualified person registered under this Act or of acquisition by him of additional academic or professional qualification or distinction, the Central Government shall cause the necessary corrections to be made in the entries in the National Service Registering shall either cause the certificate t be corrected and returned to such person or cause a fresh certificate to be issued to him.
(9) The Central Government may, by rules made under this Act, provide for the issue, in specified circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced.
SECTION 13: NOTICE OF LIKELIHOOD OF CALLING UP FOR NATLONAL SERVICE
(l)The Central Government may from time to time cause to be served on any qualified person subject to registration under this Act, and, if he is engaged in any employment, also on his employer, a written notice in the prescribed form staling that such person is likely to be called upon, at any time within a period of twelve months next following, to, render national service.
(2) Omission to serve any notice referred to in sub-section (1) on an employer or the service of such notice, on a person who is riot, at the time of service of such notice, the employer of the qualified person concerned, shall not invalidate the notice served under sub-section ( 1) on the qualified person and shall not affect the liability of the qualified person to be called up for, national service.
(3) The Central Government may cause to be served, on any qualified person served, with a notice referred to in sub-section (1), a written notice; requiring that person to submit himself to an examination, by such authority, at such place and at such time, as may be specified in the notice, of his physical and mental fitness for being called up for nation a service.
(4) The Central Government may make regulations for the examination of .the physical and mental fitness of persons subject to registration under this Act and such regulations may, in particular, enable the medical and other authority-
(a) in a case where he is unable to complete the examination on one occasion, to direct the person examined to submit himself for a further examination on a specified time and place;
(b) to direct the person examined to submit himself for examination by a. specialist.
(5) The Central Government may by regulations determine the categories in which persons examined under this section are to be placed with reference to their physical and mental condition.
(6) If any qualified person fails to comply with the requirements of a notice served on him under sub-section (3) or any regulations, made or directions given under sub-section (4), he shall be liable to be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both.
(7) The Court by which a qualified person is convicted of an offence under this section may, without prejudice to any penalty which may be imposed on him, order him to submit himself to an examination of his physical and mental fitness, further examination or examination by a specialist, as the case may be, at such place and at such time as may be fixed by the Court and any such order may provide that such person shall be detained in custody until that time and shall be taken by a police officer to that place and at that time : Provided that no person shall be detained in custody by virtue of any such order for more than twenty-four hours.
(8) A qualified person who, having been ordered by a court under subsection (7) to submit himself to an examination of his physical and mental fitness and to be detained in custody, is taken by a police officer to the place and at the time at which he is to be examined, does not submit himself to an examination of his physical and mental fitness in accordance with the order, he may be arrested by that or any other police officer without a warrant.
(9) A qualified person, who fails to submit himself to an examination of his physical and mental fitness in accordance with an order made under sub-section (7), shall be liable to be punished with imprisonment for a term which may extend to three years, and also with fine which may extend to one thousand rupees.
(10) A notice served on any qualified person under this section shall cease to have effect if, before that date on which he is required to submit himself to an examination of his physical and mental fitness, he ceases to be subject to registration under this Act.
(11) The Central Government may pay to the medical or other authority, specialist, or any qualified person undergoing examination of his physical and mental fitness under this section such travelling and other allowances, including compensation for loss of remunerative time, in accordance with such scales as may be prescribed.
SECTION 14: ENLISTMENT FOR NATIONAL SERVICE
(1) Subject to such priorities as may be prescribed, the Central Government may cause to be served on any qualified person for the time being liable under this Act to be called up for national service, who has been found, after an examination of his physical and mental condition, fit for such service, a written notice in the prescribed form (in this Act referred to as the "enlistment notice") staling that he is called up for national service in such one of the Armed Forces of the Union or in such other service as may be specified in the enlistment notice and requiring him to present himself at such place and at such time and to such authority, as may be specified in the notice : Provided that an enlistment notice under this section shall not require the person upon whom it is served to present himself on a day earlier than the fourteenth day after the date of service of the notice or such earlier day as may be determined at his request.
(2) An enlistment notice served, on any qualified person shall cease to have effect if, before . the day on which he is thereby required to present himself, he ceases to be liable to be called up for national service under this Act.
(3) The Central Government may pay to persons required to present themselves in pursuance of an enlistment notice served upon them travelling and other allowances in accordance with such scales as may be prescribed.
(4) If on the day specified in the enlistment notice as the day on which the person to whom the notice relates is required to present himself for national service-
(a) a postponement certificate relating to him is in force, or
(b) any appeal or application by him for postponement of national service is pending,
the enlistment notice served on him shall be of no effect.
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