NATIONAL SERVICE TRAINING ACT 2003

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 628 NATIONAL SERVICE TRAINING ACT 2003 As at 1 December 2011 2 NATIONAL SERVICE TRAINING ACT 2003 … … … 29 July 2003 Date of Publication in the Gazzett … … 7 August 2003 Latest amendment made by Act A1354 which came into operation on … … … … 1 November 2009 Date of Royal Assent PREVIOUS REPRINTS First Reprint … … … 2004 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 628 NATIONAL SERVICE TRAINING ACT 2003 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II LIABILITY FOR NATIONAL SERVICE TRAINING 3. Proclamation 4. Exemption PART III NATIONAL SERVICE TRAINING COUNCIL 5. Establishment 6. Functions 7. Membership of the Council 8. Tenure of office 9. Allowances 10. Procedure of the Council 11. Committees of the Council 4 Laws of Malaysia Section 12. Power to appoint proper authorities PART IV NATIONAL SERVICE TRAINING DEPARTMENT 13. Director General and other officers 14. Officers may be appointed to be proper authorities 15. Power of Minister to issue directions PART V NATIONAL SERVICE TRAINING 16. Order for national service training 17. Nature, place and duration of national service training 18. Failure to attend national service training 19. Absence without leave PART VI POSTPONEMENT OF LIABILITY TO ATTEND NATIONAL SERVICE TRAINING 20. Postponement of liability 21. Change in circumstances 22. Suspension pending appeals, etc. 23. Suspension of right to postponement of liability ACT 628 National Service Training PART VII LEAVE FROM EMPLOYMENT Section 24. Leave for national service training PART VIII APPOINTMENT OF TRAINERS 25. Power of Minister to appoint trainers PART IX MISCELLANEOUS 26. Period and terms of service of a trainer 27. Penalties for maiming, etc. 28. False statements and forgery 29. Attempts and abetment 30. Evidence on prosecution 31. General provisions as to offence 32. Regulations SCHEDULE 5 7 LAWS OF MALAYSIA Act 628 NATIONAL SERVICE TRAINING ACT 2003 An Act to provide for the registration and attendance of persons for national service training in Malaysia based on the philosophy of the Rukun Negara, to establish a National Service Training Council for the purposes of such national service training, and for matters connected therewith and incidental thereto. [16 November 2003, P.U. (B) 346/2003] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) 2003. This Act may be cited as the National Service Training Act (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “Director General” means the Director General of National Service Training appointed under section 13; 8 Laws of Malaysia ACT 628 “community service”— (a) 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; (b) shall not exceed 240 hours in aggregate; and (c) 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. National Service Training 9 PART II LIABILITY FOR NATIONAL SERVICE TRAINING Proclamation 3. The Yang di-Pertuan Agong may from time to time, by proclamation, direct that, unless this Act provides otherwise, every person who— (a) 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 (b) is a citizen or permanent resident of Malaysia, shall be liable to undergo national service training under this Act. Exemption 4. (1) The Minister may, by notification in the Gazette, exempt any person or categories of persons from the operation of this Act. (2) 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. (3) 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. (4) 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. 10 Laws of Malaysia ACT 628 PART III NATIONAL SERVICE TRAINING COUNCIL Establishment 5. There is established a National Service Training Council. Functions 6. (1) The Council shall perform the functions conferred by or under this Act and shall advise the Minister on all matters relating to national service training. (2) 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 7. (1) The Council shall consist of the following members who shall be appointed by the Yang di-Pertuan Agong on the recommendation of the Minister: (a) a Chairman; (b) five members representing the Government; and (c) not less than three but not more than five other members who shall consist of representatives of the major races in Malaysia. (2) The Minister may appoint temporarily any member of the Council to act as Chairman for the period— (a) when the office of the Chairman is vacant; National Service Training 11 (b) when the Chairman is absent from Malaysia; or (c) when the Chairman is, for any other reason, unable to perform the duties of his office. Tenure of office 8. (1) A member of the Council shall hold office for a period of three years and is eligible for re-appointment. (2) A member of the Council may resign from his appointment by letter addressed to the Minister. (3) The Yang di-Pertuan Agong, on the recommendation of the Minister, may revoke the appointment of a member of the Council. (4) The office of a member of the Council is vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law in relation to corruption; or (iii) any other offence imprisonment; punishable with (c) if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit on the Council; (d) if he becomes a bankrupt; (e) if he is of unsound mind or is otherwise incapable of discharging his duties; 12 Laws of Malaysia ACT 628 (f) if he absents himself from three consecutive meetings of the Council without the leave of the Chairman; (g) if his resignation is accepted by the Yang di-Pertuan Agong; or (h) if his appointment is revoked by the Yang di-Pertuan Agong. Allowances 9. Members of the Council shall be paid such allowances at such rates as the Minister may determine after consultation with the Minister of Finance. Procedure of the Council 10. Subject to regulations made under this Act, the Council shall regulate its own procedure. Committees of the Council 11. (1) The Council may from time to time appoint such committees as it may consider necessary or expedient to assist it in the performance of its functions. (2) Subject to this Act and any directions that may be issued by the Council, such committees may regulate their own procedure. (3) 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. National Service Training 13 Power to appoint proper authorities 12. (1) The Council shall have the power to appoint proper authorities for the purpose of carrying out the provisions of this Act. (2) 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. (3) 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. PART IV NATIONAL SERVICE TRAINING DEPARTMENT Director General and other officers 13. (1) There shall be a Director General of National Service Training who shall be appointed by the Yang di-Pertuan Agong, on the recommendation of the Minister. (2) 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 14. The Director General, the Deputy Director General and other officers may be appointed to be proper authorities for the purposes of section 12. 14 Laws of Malaysia ACT 628 Power of Minister to issue directions 15. The Minister may from time to time give the Director General directions, not inconsistent with this Act, as to the exercise of the powers and discretions conferred upon the Director General by, and the duties required to be discharged by the Director General under, this Act or regulations made under this Act in relation to all matters which appear to him to affect matters concerning national service training, and the Director General shall give effect to all such directions. PART V NATIONAL SERVICE TRAINING Order for national service training 16. The Minister may from time to time by order published in the Gazette, and in such other manner as in his opinion will provide the widest publicity to such order, require all or any category of persons liable to undergo national service training under this Act to undergo national service training. Nature, place and duration of national service training 17. (1) The national service training referred to in section 16 shall be of such nature and conducted at such place and for such duration (not being longer than ninety days for each occasion) as may be determined by the Council by notification in the Gazette. (2) 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 fo