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The National Service Act, 1972

Year of Passage: 1972 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the National ServiceAct, 1972. (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 2 Definitions.

In this Act, unless the context otherwise requires, (a) "employer" means any person who employs any qualified person for doing any work in anyestablishment and includes any person entrusted with the supervision and control of qualified personsin such establishment. (b) "establishment" means-- (i) any office, or (ii) any place where any industry, trade, business or occupation is carried on, and includesany technical institution or training centre; (c) "national service" means any service which is likely to assist the defence of India and civildefence or the efficient conduct of military operations and includes such social service as the CentralGovernment may, if it is of opinion that it is necessary for public purposes so to do, by notificationspecify 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 the Indian MedicalCouncil Act, 1956 (102 of 1956), or (ii) has obtained, or has passed an examination which entitles him to obtain, a degree of aUniversity or its equivalent qualification in any branch of engineering or technology or both. Explanation.-- For the purposes of this Act, a qualified person who is resident in India shall bedeemed to be ordinarily resident there unless-- (a) he is residing there only for the purposes of attending a course of education; or (b) the circumstances of his residence there are otherwise such as to show that he is residingthere for a temporary purpose only; or (c) he, being a person who was born or domiciled in any country outside India, has beenresident in India for less than two years.

Section 3 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 thedate on which he becomes a qualified person, be liable until he attains the age of thirty years, to be calledup 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 underthis Act shall begin from the date on which he is required by an enlistment notice served under this Act topresent himself to the authority specified therein and shall end on the day when his term of nationalservice is completed in accordance with the provisions of this Act.

Section 4 Voluntary service in lieu of national service.

(1) If a qualified person has been enlisted underany other law for the time being in force, for service in one of the Armed Forces of the Union for a periodof not less than four years, he shall perform the service required of the members of that Force in lieu ofthe national service required under this Act. (2) If a qualified person has rendered or is rendering service, other than service in one of the ArmedForces of the Union and such service is declared by the Central Government to be equivalent to nationalservice, the period of such service shall be deemed to be service in lieu of the national service requiredunder this Act and he shall (unless he has ceased to be liable under this Act to be called up for nationalservice), be liable to be called up for national service for such term as will, together with the servicecompleted by him, be equivalent to the term of service for which persons are liable to serve under thisAct. (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 (4 of 1888), (b) the Territorial Army constituted under the Territorial Army Act, 1948 (56 of 1948), (c) the Air Force Reserve or the Auxiliary Air Force Reserve constituted under the Reserve andAuxiliary Air Forces Act, 1952 ( 62 of 1952), (d) the Indian Naval Reserve Forces raised and maintained under the NavyAct, 1957 (62 of 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 serviceunder this Act: Provided that he shall, after he has ceased to be a member of such Force, be liable to render nationalservice (unless he has ceased to be liable under this Act to be called up for national service), for such termas will, together with the actual service rendered by him as a member of that Force, be equivalent to theterm of service for which persons are liable to serve under this Act.

Section 5 Liability to complete interrupted service.

If any qualified person serving in the Armed Forcesof the Union ceases to serve therein before he has completed four years of such service, he shall, unlesshe has ceased to be liable under this Act to be called up for national service, be liable to be called up toserve for such term as will, together with the service completed by him, be equivalent to the term ofservice for which persons are liable to serve under this Act.
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