No: 28 Dated: Jun, 09 1972

THE NATIONAL SERVICE ACT, 1972

ACT NO. 28 OF 1972

     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:—

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.—(1) This Act may be called the National Service Act, 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.

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 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 the Indian Medical Council Act, 1956 (102 of 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.

Explanation.—For the purposes of this Act, a qualified person who is resident in India shall be deemed 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 residing there for a temporary purpose only; or

(c) he, being a person who was born or domiciled in any country outside India, has been resident in India for less than two years

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