*NATIONAL SERVICE TRAINING ACT 2003

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

shall be any work, service or course of instruction for the betterment of the public at large, and includes any work performed which involves payment to the prison or local authority, of such nature and performed at such time and place and subject to such conditions as may be specified by the Court;

shall not exceed 240 hours in aggregate; and

shall be under the responsibility of the Minister charged with the responsibility for social and community service.

“national service training” means the training which persons liable under this Act have to undergo having the aim particularly of preparing Malaysian youths for national service under the National

Service Act 1952 [Act 425] and generally of creating a nation which is patriotic and resilient and imbued with the spirit of volunteerism guided by the principles of the Rukun Negara;

“Council” means the National Service Training Council established under section 5;

“Minister” means the Minister charged with the responsibility for national service;

“postponement certificate” means a certificate issued under section 20;

“proper authority” means the person appointed by the Council for the purposes of all or any of the provisions of this Act where the expression occurs;

“Rukun Negara” means the philosophy of nationhood as set out in the Schedule.

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on the date of the proclamation, has attained such age as may be specified in the proclamation, not being less than sixteen years, but has not attained such age as may be specified in the proclamation, not being more than thirty-five years; and

is a citizen or permanent resident of Malaysia, shall be liable to undergo national service training under this Act.

Exemption

If any person who, on the date of the proclamation under section 3, is exempted under subsection (1) from the liability to undergo national service training ceases to be so exempted, he shall on such cesser be liable to undergo national service training.

If there is doubt or dispute as to whether any person is exempted by virtue of subsection (1) from the liability to undergo national service training, the onus of proving that he is exempted shall lie on the person claiming such exemption.

The Council may, on the application of a person who is exempted under subsection (1), issue a certificate to the effect that such person is so exempted.

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The Minister may from time to time give the Council directions not inconsistent with this Act as to the policy to be followed in the performance of the functions of the Council and the

Council shall give effect to such directions.

Membership of the Council

a Chairman;

five members representing the Government; and

not less than three but not more than five other members who shall consist of representatives of the major races in

Malaysia.

The Minister may appoint temporarily any member of the

Council to act as Chairman for the period—

A member of the Council may resign from his appointment by letter addressed to the Minister.

The Yang di-Pertuan Agong, on the recommendation of the

Minister, may revoke the appointment of a member of the Council.

The office of a member of the Council is vacated—

Subject to this Act and any directions that may be issued by the Council, such committees may regulate their own procedure.

The members of such committees may be paid such allowances and other expenses in connection with the work of the committees as the Minister may from time to time determine with the concurrence of the Minister of Finance.

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Power to appoint proper authorities

If by or under the provisions of this Act or regulations made under this Act any person is to report to or furnish any information or document to the Council, he shall be deemed to have so reported or furnished the information or document if he reports or furnishes such information or document to the proper authority appointed for such purposes.

If by or under any provision of this Act or regulations made under this Act any order, direction or notification is to be given by the Council, such order, direction or notification shall, unless the context otherwise requires, be deemed to have been properly and lawfully made if made on its behalf by a proper authority appointed for such purpose.

The Minister may appoint such number of Deputy Directors

General of National Service Training and other officers as he may consider necessary for the purposes of this Act.

Officers may be appointed to be proper authorities

Persons affected by the order made under section 16 shall be notified by the Council, in such manner as may be determined by the

Council, of the time and place at which he must present himself for the purpose of national service training.

The Council shall ensure that every effort is made to ensure that persons affected by the notification under subsection (2) are informed or made aware of the requirements under that subsection.

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Failure to attend national service training

Any finding of guilt under subsection (1) in respect of any person shall not relieve him from the liability to undergo national service training.

Absence without leave

Any person who persuades, endeavours to persuade, procures or attempts to procure any person undergoing national service training under this Act to absent himself without leave commits an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Every person undergoing national service training who persuades, endeavours to persuade, procures or attempts to procure any other person undergoing national service training under this Act to absent himself without leave commits an offence and shall on conviction be ordered to perform community service.

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An application for a postponement certificate or the renewal of the certificate made under this section shall be determined by the proper authority.

An appeal shall lie to the Council from any refusal by the proper authority to grant or renew a postponement certificate.

An application for the grant of a postponement certificate may be made within ten days after the publication of the order made under section 16, or within such extended time as the proper authority may in its discretion allow; and an application for the renewal of a postponement certificate may be made within thirty days before the expiration of the period for which that certificate was granted or last renewed.

The Minister may make regulations as to the principles to be applied, and the circumstances to which regard is or is not to be had, in considering any application under subsection (1) for the grant or renewal of a postponement certificate, and as to the period for which a postponement certificate may be granted or renewed.

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Change in circumstances

Any person who, being required to notify a change in accordance with this section, fails to do so commits an offence.

If at any time it appears to the proper authority that, by reason of any such change as is referred to in subsection (1) or for any other sufficient reason, the certificate ought to be revoked or the period for which it was granted or last renewed ought to be shortened, the proper authority may revoke the certificate or vary it by shortening the period for which it was granted or renewed.

Suspension pending appeals, etc.

there is in force a postponement certificate relating to such person; or

any application by such person under section 20 has been made and is awaiting determination, then—

(aa) in the case where paragraph (a) applies to a person, the notification shall be of no effect against him; and

(bb) in the case where paragraph (b) applies to a person, the operation of such notification shall be suspended until the determination of such application.

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Suspension of right to postponement of liability

cancel all or any postponement certificate granted in pursuance of an application under section 20 and in force at the date of the order, either generally or in relation to a specified category of persons or in relation to an individual; and

abrogate, either generally or in relation to a specified category of persons, any right to apply for the grant of a postponement certificate under that section, and the Yang di-Pertuan Agong may, by order, vary or revoke any order in force under this section, without prejudice, however, to the previous effect of that order.

No employer shall—

Any employer or other person who—

Section 432 of the Criminal Procedure Code [Act 593], except paragraph (1)(d), shall apply to the recovery of moneys due to the employee under subsection (3).

This section shall be binding on the Government of Malaysia and the Government of each State.

Where there is any inconsistency between the provisions of this section and those of any other law, the provisions of this section shall prevail.

A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he commits an offence under this Act.

Where a notice under subsection (1) has been served on any such person, the Minister may at any time cancel the notice and, if he thinks fit, cause to be served on such person a further notice under subsection (1).

Period and terms of service of a trainer

During the period that a public officer or an officer or servant of a statutory body serves as a trainer he shall continue to receive such remuneration as such public officer or as such officer or servant of a statutory body.

The Government may enter into arrangements with the Government of a State or a statutory body in relation to the service of a public officer in the public service of that State or an officer or servant of that statutory body as a trainer under this Act, including the remuneration payable to such public officer or such officer or servant of the statutory body.

Where a person who is not a public officer or an officer or servant of a statutory body becomes liable to serve as a trainer in pursuance of a notice under section 25 is employed, the provisions of section 24 shall apply in relation to his employment.

Notwithstanding subsection (4), the Government may enter into arrangements with the employer of the person referred to

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in that subsection in relation to the employment of that person, including matters relating to the remuneration payable to such person.

maims or injures any person liable to undergo national service training; or

administers any drug or other substance to any such person, with intent in either case to produce in that person any disability or apparent disability and thereby to affect his suitability or apparent suitability to be called up for national service training either generally or in any particular capacity, commits an offence.

Any person who knowingly makes any false statement as to the present or past state of health of any person liable to undergo national service training with intent that such person shall be treated as unsuitable for national service training, commits an offence.

Any person liable to undergo national service training who maims or injures himself, or administers to himself any drug or other substance, with intent in either case to produce in himself any disability and thereby to affect his suitability or apparent suitability for national service training, either generally or in any particular capacity, commits an offence.

Any person convicted of an offence under subsection (1) or

shall be liable to imprisonment for a term not exceeding ten years.

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Any person liable to undergo national service training shall on being convicted of an offence under subsection (3) be ordered to perform community service.

False statements and forgery

in giving information for the purposes of this Act, knowingly or recklessly makes any statement which is false in a material particular; or

with intent to deceive—

forges or uses, or lends to or allows to be used by any other person, any document under this

Act; or

Any person liable to undergo national service training who commits an offence under subsection (1) shall be ordered to perform community service.

Attempts and abetment

Any person liable to undergo national service training who commits an offence against this Act for which no penalty is expressly provided shall on conviction be ordered to perform community service.

It shall be a defence against a prosecution for an offence under this Act for the accused to prove that he was prevented from complying with the relevant provisions of this Act by circumstances beyond his control.

Regulations