National Service Act,1972
Act No : 28
Section :
Notice of likelihood of calling up for national service.
13. Notice of likelihood of calling up for national service. (1) The Central Government may from time to time cause to be served on any qualified person subject to registration under this Act, 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 employer or the service of such notice on a person who is not, at the time of service of such notice, the employer of the qualified person concerned, 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. (3) The Central Government may cause to be served, on any qualified person served with a notice referred to in sub-section (1), a written notice requiring that person to submit himself to an examination, by such authority, 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 service. (4)The Central Government may make regulations for the exami- nation 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- (a) in a case where he is unable to complete the examination on one occasion, 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 examination by a specialist; (5) The Central Government may by regulations determine the categories 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 a notice served on him under sub-section (3) or any regulations made or directions given under sub-section (4), he shall be liable to be punished with -imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both. --------------------------------------------------------------------- 11 (7) The court by which a qualified person is convicted of an offence under this section may, without prejudice to any penalty which may be imposed on him, order him to submit himself to an examination of his physical and mental fitness, further examination or examination by a specialist, as the case may be, at such place and at such time as may be fixed by the court and any such order may provide that such person shall be detained in custody until that time and shall be taken by a 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 sub-section (7) to submit himself to an examination of his physical and mental fitness and to be detained in custody, is taken by a police officer to the place 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 accordance with the order, he may be arrested by that or any other police officer without a warrant. (9) A qualified person, who fails to submit himself to an examination of his physical and mental fitness in accordance with an order made under sub-section (7), 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. (10) A notice served on any qualified person under this section shall 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 authority, specialist, or any qualified person undergoing examination of his physical and mental fitness under this section such travelling and other allowances, including compensation for loss of remunerative time, in accordance with such scales as may be prescribed.
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