Chapter 15:02 - National Service

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/508-chapter-1502-national-service/file

L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL SERVICE ACT
CHAPTER 15:02
Act
4 of 1942
Amended by
4 of 1972
1 – 8 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.



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CHAPTER 15:02
NATIONAL SERVICE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Liability of men to perform national service.
4. Power of Minister to call up persons for national service.
5. Postponement of liability for national service.
6. Power of Minister to fix rates of remuneration.
7. Power of Minister to make regulations.
8. Offences.
9. Penalty.
SCHEDULE—Exemptions.
__________________________ 1953 Ed.
c. 358 _______________________________________________________
4 of 1942 AN ACT to make provision for securing and controlling the
calling up of men for National Service; and for
purposes connected with the matters aforesaid.
[14TH FEBRUARY, 1942]
Short title.
Interpretation.
[4 of 1972]
Liability of men
to perform
national
Service.
[4 of 1972]
1. This Act may be cited as the National Service
Act.
2. In this Act, “prescribed’ means prescribed by
regulations made under this Act.
3. (1) Every male person who—
(a) is a citizen of Guyana; and
(b) has attained the age of eighteen years
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Schedule.


Power of
Minister to call
up persons for
national
service.

Postponement
of liability for
national
service.
and has not attained the age of forty-
five years; and
(c) is ordinarily resident within Guyana;
shall be liable for national service to be performed within
Guyana:
Provided that any member of the classes specified in
the Schedule shall be exempted from such service.
(2) For the purposes of this Act a person residing
in Guyana shall be deemed to be ordinarily resident therein
unless he proves that he is residing there only for the purpose
of attending a course of education or that the circumstances of
his residence in Guyana are otherwise such as to show that he
is residing there for a temporary purpose only.
4. (1) The Minister may call up any person to whom
section 3 is applicable for national service by notice in writing
served on him, or any class of persons to whom section 3 is
applicable by notice published in the Gazette and in a
newspaper published in Guyana, and may assign such duties
to him or them as he may from time to time deem expedient.
(2) Any person or class of persons called up for
national service under this section shall continue to serve
until discharged by notice published in the Gazette and in a
newspaper published in Guyana and such discharge shall
have effect from the date specified in such notice or, if no date
be so specified, from the date of publication of the notice in
the Gazette.
5. (1) Subject to this section, any person called up for
service under the last preceding section may apply to a
prescribed authority for a certificate of postponement of
liability to be so called up (hereinafter referred to as “a
postponement certificate”).
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.

Power of
Minister to fix
rates of
remuneration.

Power of
Minister to
make
regulations.
[4 of 1972]
(2) A postponement certificate shall only be
granted—
(a) on proof to the satisfaction of the
prescribed authority of the applicant’s
ill-health or bodily infirmity; or
(b) on the ground that exceptional
hardship would ensue if the applicant
were called up for national service.
(3) A postponement certificate may be granted in
respect of a fixed period or may be unlimited in duration.
(4) A prescribed authority may from time to time
renew a postponement certificate granted in respect of fixed
period.
6. (1) The Minister shall, by order, fix the rate or rates
of remuneration to be paid to persons called up for national
service and such rates may vary according to the nature of the
service rendered or to be rendered.
(2) The Minister may from time to time vary any
order made under this section.
7. (1) The Minister may make regulations prescribing
anything required or authorised to be prescribed by this Act
and may make regulations requiring such persons liable to be
called up for national service under this Act as may be
specified or described in the said regulations—
(a) to furnish, at such place and time, in
such manner, and to such authority or
person, as may be prescribed, such
particulars about themselves as may
be prescribed; and

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Offences.
(b) except in the case of persons not
required by the regulations to make
such application, to make at such
place and time, in such manner and to
such authority or person as may be
prescribed, application to be
registered under this Act.
(2) Regulations made under this section may make
different provision in relation to different classes of persons
liable to be called up for service under this Act, and may
provide for exempting from any requirements of the
regulations any class of persons with respect to whom the
Minister is satisfied that particulars sufficient for the purposes
of this Act can be ascertained otherwise than by virtue of
those requirements.
(3) The Minister may make regulations prescribing
anything required or authorized to be prescribed by this Act.
(4) If any person fails to comply with any of the
requirements of any regulations made under this section he
shall be guilty of an offence.
8. Any person, to whom this Act is applicable, who—
(a) refuses or omits to comply with any notice
applicable to himself served or published
under section 4(1); or
(b) refuses or omits to perform such duties as
are assigned to him under section 4 (1); or
(c) ceases without reasonable cause to perform
the duties assigned to him before he has
been discharged from service under section
4(2); or
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Penalty.
(d) knowing or having reasonable cause to
believe that another person is guilty of an
offence under this Act gives that other
person any assistance with intent to prevent,
hinder or interfere with the apprehension or
trial of that other person,
shall be guilty of an offence.
9. (1) Any person guilty of an offence under this Act
shall be liable on summary conviction to a fine of one
thousand dollars or to imprisonment for six months:
Provided that in any proceedings for an offence
punishable under this Act, it shall be a defence for the
defendant to prove that he was prevented from complying
with the relevant provisions of this Act by circumstances
beyond his control.
(2) Proceedings for an offence under this Act may
be taken against any person at any place at which he is for the
time being.
(3) Notwithstanding any provision in any Act
prescribing the period within which summary proceedings
may be instituted, summary proceedings for an offence under
this Act may be instituted at any time within the period of
four years after the commission of the offence:
Provided that no such proceedings shall be instituted
after the expiration of the period of six months after the
commission of the offence unless they are instituted by, or by
the direction of, the Director of Public Prosecutions.

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s. 3 SCHEDULE
CLASSES OF PERSONS EXEMPTED FROM SERVICE
Members of the Cabinet and of the National Assembly.
Judges of the Supreme Court of Judicature.
Members of the Guyana Defence Force.
Members of the Guyana Police Force and the Guyana Special
Constabulary.
Men in Holy Orders and regular ministers of such religious
denominations as the Minister may decide.
___________________
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