19. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “employment in the national service” means employment in a notified establishment in
pursuance of an order passed under section 23;
(b) “employer” means any person who employs technical personnel to do any work in an
establishment and includes any person entrusted with the supervision and control of technical
personnel in such an establishment;
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(c) “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 established, selected or approved by the Central
Government;
(d) “National Service Tribunal” means a Tribunal constituted under section 21;
(e) “notified establishment” means any Government establishment and any establishment
declared by notification under sub-section (1) of section 22 to be engaged in work of national
importance;
(f) “notified occupation” means any occupation which the Central Government may, by rules
made under this Chapter, specify as a notified occupation for the purposes of this Chapter;
(g) “technical personnel” means all persons who possess knowledge of or skill in one or more of
the notified occupations, whether or not they are employed in any establishment, and includes such
persons or class of persons undergoing training in any of those occupations in any establishment as
may be declared by the Central Government by notification in the Official Gazette to be technical
personnel for the purposes of this Chapter.
20. Liability for employment in national service.—All technical personnel, being citizens of India
and not being members of the Armed Forces of the Union or members of any Reserve of any such Force
who are liable, under the terms of their service in such Reserve, to be called up for service at any time and
not only on partial or general mobilisation, shall be liable under this Chapter to undertake employment in
the national service.
21. National Service Tribunals.—(1) The Central Government shall constitute, for such areas and in
such places as it thinks fit, National Service Tribunals to exercise the functions assigned to such tribunals
by or under this Chapter.
(2) The composition, powers and procedure of National Service Tribunals shall be such as may be
prescribed.
22. Notified establishments.—(1) The Central Government may, by notification in the Official
Gazette, declare any establishment, which is engaged in work which, in the opinion of the Central
Government, is likely to assist the defence of India and civil defence, the efficient conduct of military
operations, or the maintenance or increase of supplies and services essential to the life of the community,
to be an establishment engaged in work of national importance and thereupon such establishment shall be
a notified establishment and while making such declaration, the Central Government may require that
establishment to make such provisions as may be specified in the notification in regard to the terms of
service and conditions of work of its employees.
(2) Every notified establishment shall be eligible to apply to a National Service Tribunal or to the
Central Government for technical personnel and having so applied, shall take into its employment such
technical personnel within such period and on such terms and conditions as may be prescribed.
23. Employment of technical personnel in the national service.—(1) Subject to any rules made in
this behalf under this Chapter, the Central Government may require a National Service Tribunal to report
what technical personnel, whether employed in an establishment or not, is available within its jurisdiction
for employment in the national service and may by order in writing,—
(a) require the employer in any establishment by which such technical personnel is employed to
release such personnel as may be specified in the order, for employment in the national service;
(b) direct any technical personnel to undertake such employment in the national service as may be
specified in the order;
(c) direct that any technical personnel engaged in any establishment under conditions not
amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed
to have been taken into employment in the national service; and
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(d) require any notified establishment, notwithstanding that it has not made any application under
section 22, to take into its employment such technical personnel within such period as may be
specified in the order.
(2) Notwithstanding anything in sub-section (1), a National Service Tribunal may—
(a) exercise the powers conferred on the Central Government by clauses (a) and (b) of
sub-section (1);
(b) require by order any employer to give training in his establishment to persons for qualifying
them as technical personnel;
(c) direct by order technical personnel to present themselves at such place and time as may be
specified in the order for interview or inquiry, and if so required, for submission to a test of their
technical skill.
(3) Any order made by the Central Government under sub-section (1) and by a National Service
Tribunal under sub-section (2) shall be complied with within such period or on such date as may be
specified in this behalf in the order.
(4) The Central Government or, as the case may be, a National Service Tribunal, may, by order in
writing, transfer technical personnel from one form or place of employment in the national service to
another; and the employer and the personnel concerned shall comply with such order.
(5) No person included in the definition of technical personnel, who has been directed to undertake
employment in the national service or transferred from one form or place of employment to another under
the foregoing provisions, shall be discharged from or leave his employment in such service unless the
employer or person concerned has previously obtained the permission of the Central Government or, as
the case may be, of the National Service Tribunal.
(6) Any person included in the definition of technical personnel who is required to undertake
employment in the national service or transferred from one form or place of employment to another under
the foregoing provisions of this section, may be required by the Central Government, or, as the case may
be, the National Service Tribunal concerned, to submit himself to be examined by such medical authority
as may be prescribed.
(7) An appeal shall lie to the Central Government against any order passed by a National Service
Tribunal under this section and the decision of the Central Government shall be final.
(8) The terms of service of technical personnel taken into employment in the national service shall be
such as may be prescribed:
Provided that any rights which such technical personnel may have under the provident or
superannuation fund or other scheme relating to gratuity, bonus or other benefit for the advantage of
employees maintained by the establishment from which they are released shall be preserved.
24. Reinstatement.—(1) Every person who was employed in an establishment immediately before
his employment in the national service and whose employment in the national service has not been
terminated by dismissal for serious misconduct shall, on his release from such employment in the national
service, be entitled to be reinstated in his former employment, in accordance with such conditions as may
be prescribed:
Provided that in determining such conditions regard shall be had to the additional skill and experience
acquired by him in the course of his employment in the national service.
(2) The Central Government may by rules made in this behalf provide for the appointment of
Technical Personnel (Reinstatement) Tribunals to deal with such matters in relation to reinstatement of
persons released from employment in the national service as may be prescribed.
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25. Relinquishment of employment by dismissal of, and engagement by Establishment of,
technical personnel.—(1) Subject to any rules made in this behalf, a National Service Tribunal may
require any establishment (including a notified establishment) to post before a specified date and to keep
posted, on its premises notices intimating that—
(a) no person included within the definition of technical personnel who is employed in the
establishment shall at any time after the posting of the notice, leave his employment without the
previous permission in writing of the National Service Tribunal;
(b) if the National Service Tribunal refuses such permission, that tribunal may lay down, subject
to the prescribed conditions, the terms of service on which the employer shall continue to retain him
in employment;
(c) if any such person leaves his employment without the previous permission in writing of the
Tribunal as aforesaid he may be directed by the Tribunal to return to his employment.
(2) After notices referred to in sub-section (1) have been posted on the premises of any establishment
(including a notified establishment), no employer in the establishment shall engage, discharge or dismiss
any person included in the definition of technical personnel except in accordance with rules made in this
behalf.
26. Penalties and procedure.—(1) Whoever contravenes any order of the Central Government or of
a National Service Tribunal made under section 23 or wilfully fails to comply with any summons,
requirement, direction or order issued or made by the Central Government or by a National Service
Tribunal under any other provision of this Chapter shall be punishable with imprisonment for a term not
exceeding six months, or with fine not exceeding one thousand rupees, or with both.
(2) No court shall take cognizance of any offence punishable under sub-section (1) except with the
previous sanction in writing,—
(a) in the case of contravention of any order or any wilful failure to comply with any summons,
requirement or direction of the Central Government, of the Central Government;
(b) in the case of contravention of any order or any wilful failure to comply with any summons,
requirement or direction of a National Service Tribunal, of the National Service Tribunal.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an
offence punishable under sub-section (1) shall be cognizable.
(4) No court inferior to a Presidency Magistrate or a Magistrate of the First Class shall try any offence
punishable under sub-section (1).
27. Service of summons, notices, orders, etc.—Any summons, notice, requirement, direction or
order issued, made or given to any person under this Chapter may be served by being sent by registered
post addressed to that person at his last known residence.
28. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may prescribe—
(a) the occupations which shall be notified occupations for the purposes of this Chapter;
(b) the composition, powers and procedure of National Service Tribunals;
(c) the technical personnel, which may be taken into the employment of any notified
establishment under sub-section (2) of section 22 and the period within which and the terms and
conditions on which such personnel shall be so taken;
(d) the medical authority before whom any person may be required to submit himself for
examination under sub-section (6) of section 23;
(e) the terms of service of technical personnel taken into employment in the national service;
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(f) the conditions in accordance with which persons released from employment in the national
service may be reinstated in their former employment;
(g) the appointment of Technical Personnel (Reinstatement) Tribunals and the matters in relation
to reinstatement which such Tribunals may be required to deal with;
(h) the provisions relating to engagement, discharge or dismissal of persons by any employer in
any establishment on the premises of which notices have been posted under sub-section (1) of
section 25;
(i) any other matter which may be prescribed or which is to be provided for by rules.
(3) Any rule made under this Chapter may provide that a contravention of the rule shall be punishable
with imprisonment for a term not exceeding six months, or with fine not exceeding one thousand rupees,
or with both.