 the national service bill, 1970 arrangement of clauses chapter i preliminary clauses1 short title, extent and comm(!'ncemcnt 2 definitions  chapter ii liability of persuns to render national service 3 liability of persons to be called up for national service4 voluntary service in lieu of natmal service 5 liability to complete interrupted service 6 power of central government to direct a person to render service with the armed forces of' union or other national service 7 discipline 8 power of central government to require any employer to release qualified persons 9 transfer 10 persons not to leave national service or be discharged thqrefrom unless permitted by central g<>vernment  chapter iiiregistration and enlistment for national service , 11 persons required to register 12 registration 13 notice of likelihood of calling up for national service 14 enlistment for national service 15 salary, wages, etc, and travelling allowances to be paid to persons enlisted for national service 16 training 17 discharge  chapter iv postponement of national service18 national service (hardship) committee application for postponement on grounds of hardship 19 (i) 20 appeal from decision of the national service (hardship) committee 21 revocation of postponement certificate 22 suipension of right to postponement of liability to be called up for national service  chapter v re1nstatement of qualified persons called up for national service23 reinstatement 24 preservation of certain rights of qualified persons required to render national service  chapter vi other offences and penalties25 false statement and forgery 26 general provision as to offences 27 offences by companies  chapter vii miscellaneous2s information to be furnished by universities, etc 29 information to be furnished by district magistrate 30 priority of debts 31 summary trial of offences 32 jurisdiction to try offences 33 protection of acti<ln taken in good faith 34 removal of difficulties 35 powers to delegate 36 power to make rules 37 power to make regulations ;is rules and regulations to be laid before parliament ,  billto provide /0'1' the registration a/qualified persons and /01' the rendering &j national service by such persons and f01' matters connected therewith be it enacted by parliament in the twenty-first year of the republic of india as follows:- chapl'er i preliminary1 (1) this act may be called the national service act, 1970 short s ti~, ezt,mt· (2) it extends to the whole of india and~1d­mencement (3) it shall come into force on such date as the central government may, by notification, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "employer" means any person who employs any qualifled person for doing any work in any e;;;tablishment and includes any person entrusted with the supervision a1\d cantrol of quallfied persons in such establishment; (b) "establishment" mean~ (i) any oftiee, or (ii) any place where any industry, trade, business or occupa· tion 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 mili- 5 tary 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; ic (e) "prescribed" means prescribed by rules made under this act; the meaning of the indian medical council act, 1956, or (f) "qualified person" means a citizen of india who is ordinarily re!1ident in india and who,- , (i) has obtained a recognised medical qualification within 102 of is 1956 (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 explanation-for the purposes of this act, a qualified person who is resident in india shall be deemed to be ordinarily resident there 20 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 residing there for a temporary purpose 2s only; or (c) he, being a person who was born or domiciled in any country outside india, has heen resident there for less than two years  chapter ii l liability of persons to render national service3 (1) every person wh(j-(a) is a qualified person at the commencement of this act, or (b) becomes a qualified person after such commencement, liability of persons to be called up for national service, shall, if he has not attained the age of thirty years at such commencement, 35 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 l,iable to be called up ~nder this act shall begin from the date on which 40 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 provi-iona of this act voluntary service in lieu of national liel'vice  (1) if a qualified person has been enlisted under any other law for the time being in rorce, 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 i'orces of the union and such servicc' 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 10 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 is (3) if any qualified person has been enlisted as a member of-'of 1888 (a) the indian reserve forces, regulated under the indian reserve forces act, 1888, (b) the territorial army constituted under the territorial army act, 1948, 56 of 1948 20 (c) the air force reserve or the auxiliary air fotce reserve constituted under the reserve and auxiliary air forces act, 1952, 62 of 1952 62 of 1957 (d) the indian naval reserve forces raised and maintained under the navy act, 1957, or (e) any other force of the foregoing nature, 25 he shall not be called upon, 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), fot such term 30 as will, together with the actual service rendered by him 8s a member of that force, be equivalent to the term of service for which persons are liable t(l serve under this act liabiuty to complete interrupted ervlce 5 if any qualified person serving in the armed forces of the union ceases to serve therein before he has completed four years of such ser-3s vice, 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 tlie service completed by him, be equivalent to the term of service for which persons are liable to serve under this act 6 subject to the provisions of section 3, the central government may, 40 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 powerot' central governme-nt to direct a person to render iiiervice with the armed foreea of union or other national aervice discipline 'i (1) every qualified person enlisted under this act for natitn1ai service in the armed forces of 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 s 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 my position or post to which he is appointed for the time being, and shall be subject to 10 all laws, rules, regulations and orders in force for the time i:?eing inrelation to such position or post s (1) the central government may, by order in writing require any employer to release any qualified person for employment in national scrvice within such time as may be specified in the order is power of central government to require anyemployer to release qualified persons (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 peisonfor the period during which national service is or has been rendered by the qualified person 20 (3) no contract, subsisting between a qualified person and his employer on the date of release of the qualified pcrs~m for employment in national service, shall be enforceable until such qualified persons has been die;-charged from national service (4) in computing the period specified in any contract of service in 25 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 cmployer fails without sufficient cause to comply with the order made under sub-section (1), he shall be liable to be punished with 30 imprisonment for a term which may extend to three years add also with fine which may extend to one thousand rupees transfer 9 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 rny 35 other branch o'f that force or to any other brai;lch of national l"ervice or vice versa 10 (1) no qualified person rendering national service under this act shall leave such service until he is discharged thel'efrom under section 1'7 (2) no qualified person who has been served with anoti<:e under 40 sub-section (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: persons not to leave national service or be discharged therefrom unless permitted by central goverrament prt)vided that nothing in this sub-section shall apply where the em- 45' ployment 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 sub·section (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 5 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  chapter iiipersons required to register 10 registration and enlistment for national service 11 (1) every qualified person shall, if he is liable, at the commencement of this act, to be called up for national service, make an appliea tion, within ninety days from such commencement, to be registered under this act is (2) every qualified person who becomes liable after the commencement of this act to be called uoon for national service, shall withill thirty days from the date on which he becomes so liable, make an appli cation to be registered under this act 12 (1) the central government shall, by general order direct regimaquaufied persons who are required to be registered under this act,-tion 20 (a) to furnish at luch place aad time, in such manner and to such authority or person 08 may be specified therein, such particulars about themselves as the order may require; and 25 (b) to make at such place, in such manner and to such authority or person as may be specified in the order, an application to be registered under this act (2) the order mad~ under sub-section (1) jru:ly make different provisions in relation to different classes of qualified persons subject to registration and may provide for exempting from any requirements of the order of any class of qualified persons with respect to whom the 30 central government is satisfied that particulars sufficient for the purposes of this act can be ascertained otherwi£e 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 35 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 subseetion (1) are entered in a register kept for the purposes of this act, to be known as the "national service register"; and 4s (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 5 (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) if any qualified person subject to registration under this 10 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) if a qualified person belonging to a class which is exempted from registration under this act has a preference for the army, air force or is 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 20 person while such person remlains registered under this act, or if any such person acquires any additional academic or professional qualification or distinction, he shall iorthwith communicate the change of his name or address, or, as the case may be, the acquisition by him of additional academic or professional qualification or distinction to the 2s 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, 30 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 distinc- 35 tion, the central government shall cause the necessary corrections to be made in the entries in the national service register and shall either cause the certificate to 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 40 provide for the issue in specified circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced 13 (1) the central government may from time to time cause to be served on any qualified person subject to registration under this act, 45 and if he is engaged in any employment, also on his employer, a written notice in the prescribed form stating 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 50 employer or the service of such notice on a person who is not, at the lime of service of such notice, the employer of the qualified person ctincemed, 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 "5 (3) the central government may cause to be served on any qualified periicm served with a notice referred to in sub-section (1), a 'written qouce requiring that person to submit himself to an examination, by such ijlltbority 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 national 10 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-is '  (4) in a case where he is unable to complete the examination on one qccasion, 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 exajni nation by a specialist 20, (5) the central government may by regulations determine the oai4iaories 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 • notice iel'ved 011 him under sub-section (3) or any regulations made 2s'or directions given under sub-section (4), he shall be liable to be punish~ ed 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  tinder this section may, without prejudice to any penalty which may 30 be imposed on him, order him to submit himself to an examination of ius pbyaical and mental fitness, further examination or examination by a~t, at the case may be, at such place and at such time as may be flxed by the court and any such order may provide that such person ~ll be detained in custody until that time and shall be taken by a 3s 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 iib-sectian (1) to submit himself to an examination of his physical and 40 mental fitness and to be detained in custody, is taken by a police officer to the p1aee 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 aecordanee with the order, he may be arrested by a police officer without a warrat 41 (9) a qualified person who fails to submit himself to an examination of his pbysieal and mental fitness in accordance with an order made under sub-ee'ction (7), shall be liable to be punished with imprisonment for a term which may extend to three years, and also with fin" which ·may extend to one thouaand rupees (10) a notice served on any qualified person under this section abau 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 auttao- s rity, specialist, or any qualified person undergoing examination of wa physical and mental fitness under this section such travelliq and other allowances, inclndinl compensation for loss of remunerative time, in accordance with such sca»es as may be prescribed enlist mentfor national aervlce 14: (1) subject to such priorities as may be prescribed, the central 10 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 forrril (in this act referred to as the "enlistment notice") stating that he is i, called up for national ~ervice 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 tune and to such authority, as may be specifled in the notice: provided that an enlistment notice under this section shall not 20 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 determdned 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 ~ as 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 pretedt themselves in pursuance of all enlistment notice served upon them travelling and other allowances in accordance with such scales as ma, 30 he 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 foree, or " (b) any appeal or application by him for postponement af national service is pending, the enlistment notice served on him shan be of no effect (5) the enlistment notice shall be served in such manner as mil be prescribed  40 15 (1) every qualified person who is called up for natiodal senice under this act, or who is transferred from one form of natioaal aeniee to another, shall be paid such salary, wales, allowulc:n, peualoa, dja ability and death compensations and other benefits as may he pl'eiuiw: provided that such payments shall be on iicales not lesa favourable'" than those admissible to persons of like quaufications, ezperienee  lenkth of service in similar positions under the government salary, wa  etc, and travellina allowancesto ,be p&id to perlons enlijtecj for national aervlee explcnation-for the purposes of the foregoing proviso, the length of standing of a qualified person as an engineer or medical practitioner, as the case may be, shall be construed as the length of his service (2) any qualuled person who· is called up for national service or s tl'alllferrecl from one form of national sel'vice, or from one place of ejil,loyment in the national service, to another shall be paid travellin, allowance for jouraey to his place of employment under this act at such rat  as may be prescribed (3) a quaufted person who, on the date of the service of the enlist 10 ment aotice on him, is en,ared in any empolyment, or a qualified person wlao is transferred from one form of national service, er from one place of employment in the national service, to another shan be paid, for tbe period of his transit from the place of his former employment to the place of hh employment under this ad, salary or wages (including is adowances) at the rate fixed by the central government under iluh· section (1) (4) a qualified person who was in any employment on tbe date on wbleh he was called for national service under this act, shall, on his dille_re from such service, be paid salary or wages (including anow 20 anees) for the period of his transit from the place of his employment __ tid act to the place of his former employment at the rate fixed hy tbe central government under sub·seetion (1) (5) a qualified person who is called for national service under this act shall, on the termination of his national service, be paid ~s traveuina expenses at such rate as may be prescribed for journey to whea the place of his former employment, or, if he was unemployed when he wu &rat called up for natiodal service under this act, to the place of his resicledce 16 during his term of national service a qualified person may be trainin, 30 required to undergo training for such period as may be prescribed 17 (1) every qualified person enlisted under this act shall be entitled dischar,e to receive his discharge from national service on the expiration of the period for which he was enlisted and such person may, prior to the expiration of that period, be discharged from national service by such 35 uthor~ty and subject to such conditions as may be prescribed (2) a person receiving discharge under this section shall be given a eertiftcate in such form, as may be prescrib~ certifyiniz that he has  been dil!lcharged from national service  (3) a perron who has receh cd discharge under this section shall not, 40 pe required to render national· s~rvice after such discharge: provided that a oerson who has received discharge under this section : -betore'he hlis compl~ted four years of national service, shall unless he has ceased to be liable to be;clllled up for national service under this act; be  liable to j;,e caued up for n;ltional service under this act for such term a~ 4j wm~ tog~tller witlt the ~riq'd qf (latlonal service rendered bv him, be equl' val"t _to four years  _": -- chapter iv postponement of national service18 (1) the central govemment shad comtitate a )iatiusel~" (bar~hip) committee consisti, of a cbai  __ 0 ,ther~ appointed by it s national service (hard· ship) commit· tee (2) the chairman of the national service (hardship) committee shall be a person who is, or has been, or is qualified t()f be, a judge of a high court (3) the members of the national service (hardship) committeethln hold otlice for a period of three years but shall be eligi~le for rp,omt 10 ment (4) the proceedings of the national service (hardship) commutee shall not be invalid by reason of any defect in the constitutioll of, or any vacancy in, such committee (5) any vacancy in the national service (hardship) committee lihall 15 be filled by the central government in such manner as it may thinkftt (6) the central government may constitute·begidal nltioaa 'srice' (hardship) committees for such regions as it maytbulk aaa oa:  h constitutin such regional natiollal serviee (hudallip) c-aitt1e8 shall have all the powers, functions and privileges of the national ser- 20 vice (hardship) committee and shall be subject to the illlbeprorisions as are applicable to tbat' committee 5 of 1908 (7) the national service (hardship) committee shan have power to regulate its own procedure with regard to any investigation under t+ltsact and shall have for the purposes of such irlvestigationthe powers ofa etvil 25 court while trying a sujt under the code of civil procedure, 1908, in 'tes~ pect of the following matters, namely:-(a) summoning and enforcing the attendance of any person and examining him on oath; , (b) requiring the discovery and production of documentsprodu- 30 cible as evidence;  '"" - ,; i (c) receiving evidence on oath; (d) issuing commissions for the examination of wit1les!resordecu ments; (e) such other matters as may be prescribed 35 applica tionfor postpone menton li'ounds of hardahip 19 (1) any qualified 'ilerson who is for the time being liable to be i called up for national service under this act and who baa qaen ,uned with 8 notice rekrred to in sub-section (1) of section 13, or any employer of sncll qualified penon, may apply, in the prescribed manner:to the central government for a certificate of postponement of liability to ~ 40 called up for national service on the ground that exceptional hardshii'· would ensue if such qualified person were called up for'natiodaleervice, and may, on that gro'lnld apply, in the prescribed 1mjjwi", 1m tiie: __ l of the postponement eertifteate granted to him (2) where an application for a postponeme~t certifiateorfor the 45 renewal thereof is made, the central government shad referfhe ap~'d"" tion for dtefsion to the national service (hardship) ccjmmmee < (i) no application for the grant of a postponement certificate aball be referred by the central government to the natignal service (hud-~) committee unless such application is made within sixty days from the date of service of the notice referred to in sub-section (l) of section s 13: pzovidad that the central government may refer an application for the grant of a poitponement certificate to the national service (hardshi~) cotaauttee made after the expiry of the said period if it is flatisfiecl, baving regard to the grounds on which the application is made, that the io'making thereof has not been unreasonably delayed (4) the central government may by regulation' speeify the principles to be applied and the circumstances to which regard is to be or not io be had for the hearing of an application for the grant or renewal 01 a postponement certificate and as to the period for which the postpone-is ment certificate may be granted or renewed (5) the natioul service (har-dship) committee may, after consideration of the application for a postponement certiftc8~ or reuewal thereof, gram: or reject the same (6) the period within which the postponement ('eruftcate is tn follge 20 shall be added to the period during which the person to whom the certificate was g:canted is liable under this act to be called up for national &ervice and accordingly this act shall in relation to that person have eftect as if for reference therein to the age of thirty years, there were substituted, an age being the sum of thirty years and the period during 2swhich-(i) the postponement certificate is in force, and (ii) the enlistment notice was of no effect by reason of the provisions of clause (b) of sub-section (4) of section 14· (7) if any qualified person or an employer makef> 8n application for 30 a postponement certificate on a ground which he knows to be fatlle or doe!! not believe to be true or on a ground which, is in the opinion of the national service (hardship) committee, is frivolous, he shall be liable to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to orie thousand rupees, or 35 with both zoo (1) subject to the provisions of sub-section (2), an appeal au ,lie again&t the decision of the national service (hardghip) commtttee 10 the high court exercising jurisdiction in relation to the tel'i'itory in whkh the applicant for the postponement certificate voluntarily resides, carrles 40 on business or personally works for again (2) no appeal referred to in lub-aecmn (1) shall lie unless-appeal from decillion ot the national bervie (hardslup) committee (i) it is preferred within thirty day from the date of the de<:i6ion of the national service (hardship) committee, and (u,) tbenatioaal servioe (hardship) committee certifies that the cue idvelves a substantial question of law  45 (3) where the nattoaal service (haniship)commiuee las refused to give 'a eertiftcate refenredto in "ubsection (2), the high court may, if it i_ satisfied that the eale involves a substantial question of law, grant special leave to appeal against the decision of the national set'vice (h&1'dship) committee (4) the high court may, after hearing the appeal, confirm, modify or reverse the decision of the national service (hardship) committee -revocationot postponementcer-uscate 21 (1) if, at any time, while a postponement certificate is in force, it 5 appears to the central government that, by re8s'on of any change in the circumstances of the qualified person to whom the certificate was granted or of his employer, where such certificate was granted on the application of such employer, the certificate ought to be revoked or the 'period _ for which it was granted or last renewed ought to be shortened, the central 10 government may apply to the national service (hardship) committee, and that committee may either reject the application or cancel the certificate or vary it by shortening the period -(2) whemean application is made under sub-section (1), the person to whom the postponement certificate in question was granted, and where is such certificate was -granted on the application of an employer, such employer, shall be entitjoad to be heard on the application and the provisions as to appeals contained in section 20 shall awly in relation to the application as if it were an application for the grant of a postponement certificate -'   {::~: 20 22 (1) the central government may, if it is satisfied at any time that by reason of the gravity of the situation it is necessary so to do, by order- " -(a) cancel, either generally or in relation to a specified class of qualified persons, all postponement certificates in force at the date of 25 the order, and suspension or ri,ht to postponementor liability to be called up for national service (b) aborgate, either generally or in relation to a specified class of qualified persons, any right to apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such a certificate, and the central government may, by ordet', vary 3cl or revoke any order in force under this ~ection, without prejudice however to the previous effect of that order "  , (2) where, on the day on which an order comes into force under this section abrogating any right to appeal from the refusal to grant a postponement certificate, an appeal preferred by a person to whom the order 35 applies or the time for preferring such appeal by such person has not expired, the appeal shall be deemed to be dismissed or the time shall be deemed to expire on the expiry of that day  chapter v reinstatement 0, qualified persons called up for national service 4023 (1) in this section,-lteinstatement (a) "former employee" means a qua~ified persori who was released by an employer for employment in national servici; _,,, -(b) "former employer"  means the employer by whom a former employee was employed in an establishment immediately be~ot"e ~pe 45 enustment of such employee for national servicej  (c) "former employment" means the employment in which the former employee was employed immediately before his enlistment for national service (2) (a) a former employee may, on the termination of his nauonal 5 service, make an application in such manner and within such period as may be prescribed to his former employer for reinstatement in his former employment ~  ~!"!! (b) on receipt of an application referred to in clause (4), the former employer shall be under an obligation (unless the employment of the 10 former employee in the national service was terminated by dismissal for misconduct) to reinstate such employee before the expiry of a period of fifteen days from the date of receipt of such application (3) (4) lf, on receipt of an application referred to in sub-section (2), the former employer refuses to reinstate the applicant on the ground 15 that his' circumstances have so changed as to make it impossible or unreasonable for him to do so, or denies his liability to reinstate s'jch former employee, or represents that the reinstatement by him of the former ~mployee is impracticable, he shall, before the expiry of a period of fifteen days from the date of receipt of such application, make an 20 application to the national service (hardship) committee for relieving him from the obligation referred to in sub-section (2) (b) a former employee, who is not re-instated in his' former employment within fifteen days from the date of delivery of the appucation madre under sub-section (2), may, within a further period of fifteen daya 25 (computed from the date on which the first-mentioned period of fifteen days expires), represent to the national service (hardship) committee that his former employer has not discharged the obligation imposed on him by sub-section (2) (c) on receipt of the application referred to in clause (a) or the 30 representation referred to in clause (b), the national service (hardship) committee shall, after considering all matters placed before it ,and after making buch inquiry in the matter as it may think fit, make an order-(i) relieving the former employer from the obligation referred to in sub-section (2), or 35 (ii) requiring the former employer to re-instate the former employee in his former employment, or (iii) requiring the former employer to pay to the former employee by way of ompensation, tor failure or inability to reinstate him a sum not exeeding an amount equal to six months' remuneration at 40 the rate at which remuneration was last payable by the fonner employer to the former employee (d) where the national service (hardship) committee bas directed the reinstatement of any person in his former employment, the former employer shall be under an obligation to pay to such person salary and 45 allowances at the rates specified by the national service (hardship) committee from the date of receipt of the application referred to in subsection (2) (4) (4) a former employer, who has refused to reimltate his former employee on any of the grounds specified in sub-section (3) and who' cal ~tu:tdor failed, without any realwllable exc~, to make an applicatiorl tn the national service (hardship) committee within the time specified in sub-section (3), shall be punished, without any prejudice to the plx>visions of clause (b) of this sub-section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thouhlld s rupees, or with both (b) if any former emplayer fails to obey any order made by the national service (hardship) committee under sub-section (3), he shall be punished with imprisonment for a term which may extend to one morrth or with fine which may extend to five thousand rupees, or with both, 10 and the court by which such former employer is convicted under this sub-secti-an shall order him to pay to the person whom he has failed to re·employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the former employer and any amount so required to be paid shall is be l'ecoverable as if it were a fioe imposed by such court (5) where in pursuance of the pi'jvisions of sub-seetion (2) a former employer reinstates his former employee and tbereaft8l" terminates the employment of such former employee at any time within a period of lis months from the date of such reinstatement, the former employer shall, 20 notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the iiormer employee, at the time of terminating his employment as aforesaid, a sum equal' to the remuneration which the former employee would have eamed under the terms and conditions of his re-employment for the unexpired 2s portion of the said period of six months; provided that a former employer shall not be liable to make such paymeat u a10ruaid where the employment of the former eml'loyee is terminated for the reason that the former employee has been guilty of gross insubordination, habitual absence from work or any serious mis- 30 ccnduct or has been convicted of any offence: prcwided further that a farmer employee whoseemploymel\t is terali  na-ted within the said period for any sucb reaaon as aforeeaicl illay i!8fer the matter to the national service (hardship) committee and that committee shall after due consideration, decide whether or not the employer 35 is liable as aforesaid under this sub-section; and any such decision shall be final and binding on the parties ezp14nation: -any sum required to be paid under this sub-section shall be in addition to the amount, if any, which the employer may,  under the conditions of employment be liable to pay in r~t of the 40 termination of the employment of the bmer employee without notice (6) no change in the name, constitution or character of the former employer sail affect the right of reinstatement of a former employee  who has been released from empjqyment in national service (7) (a) the occupation in which and the terms and condltiods ubder 45 which a qualifled person may be reinstated after eompl~ of·nati0la81 ervice shall not be less favourable to him than those which weuld have been applicable to him had his employment not been interrupted by reason of his being called up or national service (b) in determining the terms and conditioas of re;mtatement of the 50 former employee, regard shall be had to the additional skill aud experienced acquired by such emp10yee in the <:ourse otbjs employment in national service 24 while any qualitia;ld ~son, j'tqtufb1il to r~ ~a1 llu'vioe under this act, has any rights under any provident fund or other scheme 5 for the ·benefit of employees maintained in connection with the ~ploy­ment he relinquishes, he shall continue, so long as he is engaged in national service and if he is reinstated, untll such reinstatement under the provisions of this act, to have in respect of such fund or scheme s1,1t'h rights as may be prescribed preserva tion of certain rights of qualified persona required to render national service  chapt'er vi10 0rh!:r offences and penalities 25 (1) if any qualified pe:,son-false statement and forgery is (4) on whom an enlistqlent notice has been served jjnder this act and in respect of whom no postponement certificate is in force or no application or appe tor plitpqnement of national service is pending, fails or omits to render the service which he is required by such notice to render, or (b) having commenced to r-ender national service, leaves that service without obtaining a discharge under section 1'7, 2ol)e ih-all be ~d wjth imprjao~t wr 11 t4lrrn wbu;b mjy e~ tp 4vt yar-s and also with fine which jnu' ex~d4 to two ilujuwu:l j'u,pnf (2) any person who-(a) in giving any information for the purpose of this act, knowingly or recklessly makes a statement which is false in mate$l 25 particulars or which he does not believe to be true, or (b) (i) with the isl~ntion of ~vini, fqrg~s 0j' uw ox lmd,s qr allows to ~ wed fm an), pel'jor i¥l)' ,eertiaeate in~ed ~ twa act, or (ii) makes or bas in his possession, any: docijdl8nt 80 cjgsely 30re,sembung aa1 certificate so issued as to be cakul,aw to ~ecdve shell be punished with impdsenmeat fol' - tel'm rot eicceedtag tjine years, or with 8ne not exceeclidg one thousand rupiletl· or with botb 26 any qualified persqn who contravenes any provision ot this act for the contravention of which no penalty is separately specifted in this 35 act, shall be punished with fine which may extend to five htmdred gejmnl provwoa a to offences -  1'ji(miiiii: provided that in any proceedings for en offence punishable under tbji; sectipd it shall be a defence tor the accused to prove that ~ was prevated from complying with the provisions of this act by clfclirn-40 ~ beyond his control 2'1 (1) where any provision of this act or of any order made thereunder is contravened by a company, every person who at the time the otrencel byeom pan1ea ~travention was made was in charge of, and was responsible to, the com-pany for the conduct of the busipess of the company as well as the co,mpany shall be deemed to be guilty of the contravention and shall be 45 liabl~ to ~ proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render lny such person liable to any punishment, if he proves that the ofience was committed without his knowledge or that he had exercised all due cllligence to prevent the commission of such offence  (2) notwithstanding anything contained in sub-section (1), \\ cere 5 any such offence has been committed and it is proved that the offence has been committed with the consent or connivance, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable 10 to be proceeded against and punished accordingly explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individualsj and (b) "director" in relation to a firm means a partner in the firm 15  chapter vii miscellaneousinformation to be furnished byuniversities, etc 28 it shall be the duty of every university or other persons having the management of any university, school or other educational institution, to give to the central government, at its request, such information 20 in their possession, or reasonably available to them, about persona receiving, or who have received education in engineering, technology, medical sciences or surgery as the central government may, by notification, specify in this behalf 29 it shall be the duty of every district magistrate to give to the state 25 government such information in his possession about qualitied persons within the local limits of his jurisdiction as may be prescribed, and it ahal' be the duty of every state government to give to the central goverr ment all information in its possession 'about qualified persons in the state 30 information to be furnished by district magistrate priority ofdebu 30 notwithstanding anything contained in the presidency towns insolvency act, 1909, the provincial insolvency act, 1920, the companies 3 of 1909 act, 1956, or the partnership act, 1932, any compensation payable under 5 of 1920 h a -~ 11 h 1 of 1958 t is ct zwa ave priority over all other unsecured debts 9 of 1932 summary trial of oft'ences ' 31 notwithsanding anything contained in the code of criminal pro- 35 b of 1898 cedure, 1898, every offence punishable under this act shall be tried summarily  ~ , !' j '_ - ••• ~ 1 '-i 32 no court inferior to that of a presidency magistrate or a magistrate of the tirst class shall try any offence punishable under this act 33 (1) no suit, prosecution or other legal proceeding shall lie against 40 any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder jurisdiction to tr'y oft'ences protection of action taken in eood faith (2) no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything 45 which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder removal of cwilcultiea m (1) if any difficulty arises in giving effect to the provisions of this act, the central government may make such order not inconsistent with the provisions of this act as may appear to it to be necessary for the purpose of removing the difficulty; 5 provided that no order shall be made under this sub-section after the expiry of a period of two years from the commencement of this act (2) every order made under sub-section (1) shall be laid before both houses of parliament as soon as may be after it is made and the provisions of section 38 shall apply to such order as if it were a rule made under 10 this act 35 the central government may, by notification, direct that all or powers to any of the powers which may be exercised by it under this act shall, in delegate such circumstances and under such conditions, if any as may be specified in the notification, be exercised also by any state government or is any other authority owned or controlled by the central government 36 (1) the central government may, by notification, make rules for power to carrying out the purposes of this act make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all cjr any of the following 20 matters, namely:-(a) principles governing the calling up of persons for national service; (b) the form and contents of the national service register; (c) the form in which the certificate of registration is to be 25 issued; (d) manner of notification of preference for any branch of the armed forces of the union; (e) manner of notification of change of name ar address of or acquisition of academic or professional qualification or distinctions by, a qualified person registered under the act; (f) circumstances under which fresh certiftcates of registration in place of certificates which have been lost, destroyed or defaced may be issued; (g) the form and contents of the notice for examination of physical and mental fitness; 3s (h) the scale in accordance with which travelling and other allowances may be paid to medical or other authority or specialist or to any qualified person undergoing any examination of physical and meutal fitness and the scale according to which compensation may be paid for loss of remunerative time; 40 (i) the priorities in accordance with which qualified persons may be enlisted for national service; (j) the form and contents of the enlistment notice and the manner of service thereof; (1c) the scales of salary, wages, auowanceipenlionsj disability imd death compensations and other financial benefit admiiiib1le to bs performing nlltiomtl ser,iee; (l) scales of travelling allowances required to be paid under t1ke ~ct; , (m) authority by whieh and conditions subject to which prior discharge from national service may be made; (rt) the form of discharge certificate; (0) manner of application for a certificate of postponement of liability to be called up for national service or for renewal thereof to and the time within which such application for renewal should be made; (p) conditions of reinstatement <if perllonl released from employment in the national setvit!e and: mauers eonnected therewith; (q) further inquiry which may be made by the national service i5 (hatdshp) committee where reinstatement of qualiied persons released from employment in the natiollal servi~e is refused or denied or where such reinstatement is represented to be impracticable; (r) preservatior of rights of provident fund, etc, of qualified persons rendering national service; 20 (s) infonnation relatihg to quaufied petsodl which every district magistrate shall furnish to the state government; (t) any other matter which is required to be, or may be, pres-~ibed tmdt!t this aet ('~) any rule made under this act may provide that a contravention 25 of the rule shall be punished with ifnprisonment fot' a tc!t1ft not exceeding six months, or with fine not exceeding orte thausattd rup1!e8, or with both ''f the central government may make regulations not inconsistent with this act, to provide for all or any of the following matters, ttjlme1y:-power to make regulations (4) enablinl or requiring a qualified person to be transferred to 30 aay branch of the armed forces of the union or to any other branch of national service; (c) examination of physical and mental fitness of qualified persons subject to registration under this act; (c) determination of the categories in which qualified persons \vhfj!i~ physical and rnet1tal fttiie9s hlul been examined shall be placed 35 by reference to their physicbl or mental conditions or both; (el) specification of the principles to be applied and the circumstances to be considered while hearing of an application fo» the grant or renewal of a postponement certificate , (e) specification m the 'period for which a postponement certifi- 40 cate may be granted or renewed· , (f) any other matter for 'which tegulatlonb sh! required to be or may be, made under this act ' rules and regula tionsto be laid before parlia ment 38 every rule and every regulation made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session, or in two successive 5 sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both holj~ agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the cas may 10 be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or teiulation  statement of objects and reasonsin the wake of the chinese aggression, government formulated a com~ pulsory liability scheme whereby engineers and doctors belonging to certain age groups, who were either in government service or in the ser~ vice of any public sector undertaking, were made liable to render service in the armed forces of the union for a specified period it is apprehended that this scheme might lead to 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 of national service it is, therefore, considered necessary that this liability should be extended to all persons who hold recognised medical qualifica~ tions within the meaning of the indian medic,al 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 s'ervice which the govenunent may specify and that the scheme should not be restricted in its scope to defence efforts only this will have the advantage of widening the base of recruitment to the armed forces of the union and will also help in ensuring that doctors or engineers required for activities of national im~ portance, such as, construction of dams in l'emote 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 their mobilisation which will be essential in the event of an emerg~ncy  2 the bill seeks to restrict the period for which persons may be called up for rendering national service to a period not exceeding four years 'l'he 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 obliga~ tion to r~instate him in his former employment on terms and conditions which are not less favourable to him than those to which he was entitled before he was called up for national servioe 4 the bill seeks to give effect to the purposes mentioned above new delhi; k c pant the 20th july 1970  financlal memorandumclauses 11, 12, 13, 14 and 15 of the bill provide for compulsory registration of persons liable to perform national service and the central government is required under the bill to register and enlist qualified persons for national service it is intended that the registration of qualified persons and other items of work connected therewith may be done through the agency of employment exchanges a headquarters establishment would have to be set up to consolidate registration particulars and act on indents, issue various notifications and notices, etc clause 18 of the bill requires the central government to constitute a national service (hardship) committee which will decide on applications for postponement of national service and enforce the re-instatement of an employ~ after completion of the national service the expenditure on account of the staff that may have to be incurred in this connection, together with incidental expenses, will be about rs 5,57,000 per year there will be no non-recurring expenditure  memorandum regarding l}elegated legislationclause 86 of the bill gives power to the central government to make rules for caitying out the purposes of the bill the mat~rs in respect m whlch ruch rules may be made relate to the principles governing the calling up of persons for national service, form and contents of the national service register and the certificate of registration, priorities in accordance with which qualified persons may be enusted for national serviee, scales of travelling allowances required to be paid, etc, clause 37 of the bill empowers the central govern1l)j!ot to make regulations 'the power of making regulations is collftned to making provision for the examination of physical and mental fttne:;s of qualified persons subject to registration, determination of the categories to which the persons who have been examined should be placed aod specification of the principles to be applied by the national service (hardship) committee while hearing an application for the grant of postpoaement arti1icate the matters in respect of which any rule or regulation may be made are matters of detail or of procedure within the scope of the general provisions and guiding principles of the act and it is not possible to provide for them in the act the delegation of legislative power is, therefore, of a normal character  a billto provide for the registration of qualified pei's(d8 iild for the rendering of national setvice by such persons add for matters cormected therewith (shri krishna chandra pant, minister of stale in the ministry of home affairs) 