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THE NATIONAL SERVICE ACT, 1972

Title : THE NATIONAL SERVICE ACT, 1972

Year : 1972



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 in their possession, or reasonably available to them, about persons receiving, or who have received education in engineering, technology, medical sciences or surgery, as the Central Government may, by notification, specify in this behalf.



It shall be the duty of every District Magistrate to give to the State Government such information in his possession about qualified persons within the local limits of his jurisdiction as may be prescribed, and it shall be the duty of every State Government to give to the Central Government ail information in its possession about qualified persons in the State.



Notwithstanding anything contained in the Presidency Towns Insolvency Act, 1909, the Provincial Insolvency Act, 1920, the Companies Act, 1956, or the Partnership Act, 1932, any compensation payable under this Act shall have priority over all other unsecured debts.



Notwithstanding anything contained in the Code of Criminal Procedure, 1898, every offence punishable under this Act shall be tried summarily.



No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.



(1) No suit, prosecution or other legal proceeding shall He against 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 there under.

(2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused 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 there under.



(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:

Provided that no order shall be made under this sub-section after the expiry of a period of two years from the commencement1of 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 this Act.

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1. No enforcement date has yet been notified, so far.

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The Central Government may, by notification, direct that all or any of the powers which may be exercised by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised also by any State Government or any other authority owned or controlled by the Central Government.



(1) The Central Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The 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 issued;

(d) The manner of notification of preference for any branch of the Armed Forces of the Union;

(e) The manner of notification of change of name or address of, or acquisition of academic or professional qualification or distinctions by a qualified person registered under this Act;

(f) The circumstances under which fresh certificates 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;

(h) The scale in accordance with which travelling and other allowance may be paid to medical or other authority or specialist or to any qualified person undergoing any examination of physical and mental fitness and the scale according to which compensation may be paid for loss of remunerative time;

(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;

(k) The scales of salary, wages, allowances, pensions, disability and death compensations and other financial benefits admissible to those performing national service;

(l) The scales of travelling allowances required to be paid under this Act;

(m) The authority by which and conditions subject to which prior discharge from national service may be made;

(n) The form of discharge certificate;

(o) The manner of application for a certificate of postponement of liability to be called up for national service or for renewal thereof and the time within which such application for renewal should be made;

(p) The conditions of reinstatement of persons released from employment in the national service and matters connected therewith;

(q) Further inquiry which may be made by the National Service (Hardship) Committee where reinstatement of qualified persons released from employment in the national service is refused or denied or where such reinstatement is represented to be impracticable;

(r) The preservation of rights of provident fund, etc., of qualified persons rendering national service;

(s) The information relating to qualified persons which every District Magistrate shall furnish to the State Government;

(t) Any other matter which is required to be, or may be, prescribed under this Act.

(3) Any rule made under this Act may provide that a contravention of the rule shall be punished with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees, or with both.



The Central Government may make regulations not inconsistent with this Act, to provide for all or any of the following matters, namely:-

(a) Enabling or requiring a qualified person to be transferred to any branch of the Armed Forces of the Union or to any other branch of national service;

(b) Examination of physical and mental fitness of qualified persons subject to registration under this Act;

(c) Determination of the categories in which qualified persons whose physical and mental fitness has been examined shall be placed by reference to their physical or mental conditions or both;

(d) Specification of the principles to be applied and the circumstances to be considered while hearing an application for the grant or renewal of a postponement certificate;

(e) Specification of the period for which a postponement certificate may be granted or renewed;

(f) Any other matter for which regulations are required to be, or may be made under this Act.



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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to 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 case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Last updated on July, 2016

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