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
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(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.
4. 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 (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 and
Auxiliary Air Forces Act, 1952 ( 62 of 1952),
(d) the Indian Naval Reserve Forces raised and maintained under the Navy
Act, 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 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.
5. 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.
6. 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.
7. Discipline.—(1) Every qualified person enlisted under this Act for national 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 being in relation to such branch.
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(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.
8. 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.
9. 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.
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 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:
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 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 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.