Laws of Malawi

NATIONAL SERVICE

Muli bwanji!Lilongwe

CHAPTER 12:02
NATIONAL SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Appointment of director of Manpower

    3.    Proclamations and notices subjecting persons to Act

    4.    Exemption

    5.    Registration for National Service

    6.    Medical examination

    7.    Notice requiring registered persons to serve

    8.    Constitution and powers of National Service Tribunal

    9.    Appeals against obligation to serve

    10.    Appeals before the Tribunal

    11.    Remuneration of Tribunal and witnesses and costs

    12.    Nature of service under this Act

    13.    Transfer from one form of service to another

    14.    Employers to give particulars of employees

    15.    Co-operation of employers

    16.    Reinstatement in employment

    17.    False statement and forgery

    18.    Penalty

    19.    Rules

15 of 1951
G.N. 22/1963
16/1964(M)
73/1964(M)
1/1965
137/1966
166/1967

    An Act to Make Provision for Securing and Controlling the Enlistment of Persons for National Service during an Emergency and for Purposes connected therewith

1.    Short title

    (1) This Act may be cited as the National Service Act.

    (2) This Act shall come into operation and shall remain in operation during the existence in force of any Order made by the Minister under section 3.

2.    Appointment of Director of Manpower

    The Minister may by notice published in the Gazette appoint a person to be Director of Manpower for the purposes of this Act.

3.    Order subjecting citizens to the Act

    The Minister may from time to time, by Order published in the Gazette, direct that, subject to section 4, every citizen of Malawi—

    (a)    who is at the date of that Order in Malawi or who there­after enters Malawi; and

    (b)    who was born in such year or years as may be specified in the Order,

    shall, on the date of the Order, or, as the case may be, on the date on which he first enters Malawi after the date of the Order, become liable to be called up for national service under this Act.

4.    Exemption

    No person shall be liable for service under this Act if he is under the age of 18 years or over the age of 60 years.

5.    Registration for National Service

    (1) The Director of Manpower may by notice and in such other manner as he shall deem sufficient require such classes of persons who have become liable for service under this Act as he shall specify in such notice to furnish at such time and place in such manner and to such authority or person as shall be specified in such notice such particulars as shall be specified.

    (2) Any person who fails to comply with the requirements of any notice issued under subsection (1) shall be guilty of an offence against this Act.

    (3) Every person who furnishes the particulars required by subsection (1) shall be registered by the Director of Manpower, together with the particulars relating to such person, in a Service Register which shall be kept by the Director of Manpower.

    (4) A person registered under this section shall be supplied with a Certificate of Registration which shall be in such form as the Director of Manpower shall determine.

    (5) A person registered under this section shall so long as he remains liable to service under this Act whenever requested by a police officer produce his Certificate of Registration:

    Provided that if such person is not, at the time when he is requested to produce such Certificate, in possession thereof, he shall produce the same within seven days of being requested as aforesaid at such police station as the police officer may specify.

    (6) A person registered under this Act shall within seven days notify the Director of Manpower in writing of any change in his name, marital status, address or occupation.

    (7) Any person who fails to produce his Certificate of Registration as required in subsection (5), or who fails to notify a change of name, marital status, address or occupation as required by subsection (6), shall be guilty of an offence against this Act.

6.    Medical examination

    (1) The Director of Manpower may require any person registered under section 5 to present himself for and submit to medical examination at such time and place as may be notified.

    (2) Any person who fails to present himself for, or submit himself to, medical examination when required to do so in accordance with subsection (1) shall be guilty of an offence against this Act.

7.    Notice requiring registered persons to serve

    (1) The Director of Manpower may, by notice in writing (hereinafter referred to as a “duty notice”) require any person registered under section 5 and passed medically fit for service to report for duty on such date and at such time and place and to such authority or person as may in such…

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