Territorial Army Act,1948
Act No : 56
Section :
Liability for military service.
7. Liability for military service. (1) No officer or enrolled person shall be required to perform military service beyond the limits of India save under a general or special order of the Central Government. (2) Subject to the provisions of sub-section (1), every officer or enrolled person shall, subject to such conditions as may be prescribed, be bound to serve in any unit of the Territorial Army to which he is for the time being attached, and shall be subject to all the rules made under this Act in relation to such unit. (3) Every officer or enrolled person shall be liable to perform military service,- (a) when called out in the prescribed manner to act in support of the civil power or to provide essential guards ; (b) when embodied in the prescribed manner for training or for supporting or supplementing the regular forces ; and (c) when attached to any regular forces either at his own request or under the prescribed conditions. 1[7A. Reinstatement in civil employ of persons required to perform military service. (1) It shall be the duty of every employer by whom a person who is required to perform military service under section 7 was employed to reinstate him in his employment on the termination of the military service in an occupation and under conditions not less favourable to him than those which would have been applicable to him had his employment not been so interrupted: Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person, or if for any reason reinstatement of such person is represented by the employer to be impracticable, either party may refer the matter to the prescribed authority and that authority shall, after considering all matters which ---------------------------------------------------------------------- 1 Ins. by Act 33 of 1952, s. 2. ---------------------------------------------------------------------- 115 may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order- (a) exempting the employer from the provisions of this section, or (b) requiring him to re-employ such person on such terms as he thinks suitable, or (c) requiring him to pay to such person by way of compensation for failure or inability 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 employer. (2) If any employer fails to obey the order of any such authority as is referred to in the proviso to sub-section (1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. (3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of his military service. (4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub- section shall attach to an employer who, before such person is actually required to perform military service under section 7, terminates his employment in circumstances such as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved if the termination takes place after the issue of orders requiring him to perform military service under this Act.] 1[7B. Preservation of certain rights of persons required to perform military service. When any person required to perform military service under section 7 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue, so long as he is engaged in military service and if he is reinstated, until such reinstatement under the provisions of this Act, to have in respect of such fund or scheme such rights as may be prescribed.] ---------------------------------------------------------------------- 1 Ins. by Act 33 of 1952, s. 2. ---------------------------------------------------------------------- 116
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