Laws of MALAYSIA Act REPRINTING 628 NATIONAL SERVICE TRAINING ACT 2003 Contains all amendments to 1 January 2006 1National Service Training ISSUED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 6282 NATIONAL SERVICE TRAINING ACT 2003 the date of Royal Assent.................. July 29, 2003, the date of publication in the Gazette............ 7 August 2003 REPRINT BEFORE Reprinting The first ... ... more 2004 National Service 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 3. Proclamation 4. Exemption From PART III NATIONAL SERVICE TRAINING COUNCIL 5. The establishment of 6. Function 7. Membership Of The Council 8. The term of Office 9. Allowance 10. Council Procedure 11. Council Committee 12. The power to appoint the appropriate authorities laws of Malaysia ACT 6284 PART IV of the NATIONAL SERVICE TRAINING DEPARTMENT Section 13. The Director General and other officers 14. Officers can be appointed to the relevant authorities should have 15. Minister's power to issue instructions part V NATIONAL SERVICE 16. Orders for national service 17. The form, place and period of national service 18. Did not attend the national service training 19. Absent without leave PART VI DELAY DEPENDANT to ATTEND NATIONAL SERVICE 20. Delay liability 21. Change of circumstances 22. Suspension pending appeal, etc.
23. Suspension of the right to seek postponement of liability PART VII LEAVE FROM EMPLOYMENT 24. Holidays for national service PART VIII APPOINTING COACHES 25. Minister's power to appoint coach 26. Duration and terms of service national service training coach 5 PART IX MISCELLANEOUS section 27. Penalties as disfigure, etc.
28. False Statements and fraud 29. Trial and abetment of 30. Evidence in prosecutions 31. General provisions of offences 32. Regulations SCHEDULE laws of Malaysia ACT national service training 6286 7 laws of MALAYSIA Act 628 NATIONAL SERVICE TRAINING ACT 2003 an act to provide for the registration and presence for national service in Malaysia based on the philosophy of the Rukun Negara, to form the national service training Council for the purpose of 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) this Act may be cited as the national service training Act 2003.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "Director General" means the Director General of national service appointed under section 13;
"national service training" means training to be suffered by the person liable under this Act that aims specifically to provide Malaysian teenagers for national service under the National Service Act 1952 [Act 425] laws of Malaysia ACT 6288 and generally to create a patriotic country and have a sense that it is not easy luntur and full of a sense of identity based on 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;
"delay certificate" means a certificate issued under section 20;
"appropriate authority" means the person appointed by the Council for the purposes of all or any of the provisions of this Act in any form of expression that there is;
"Rukun Negara" means the philosophy of nationhood as specified in the schedule.
PART II LIABILITY For NATIONAL SERVICE Proclamation 3. The Yang di-Pertuan Agong may from time to time, by proclamation, direct that, unless this Act provides for otherwise, every person who — (a) on the date of the proclamation, have reached the age specified in the proclamation, which is not less than sixteen years old, but has not reached the age specified in the proclamation, which is not more than thirty-five years; and (b) is a citizen or permanent resident in Malaysia shall be liable to undergo national service under this Act.
Exemption 4. (1) the Minister may, by notification in the Gazette, exempt any person or category of persons from coming into operation of this Act.
National service 9 (2) if any person who, on the date of proclamation under section 3, be exempted under subsection (1) of the obligation to undergo national service cease such exempt, he shall cease to be liable when such national service for training.
(3) where there is doubt or dispute whether any person exempted by virtue of subsection (1) of the obligation to undergo national service, the burden to prove that he excluded shall be on the person claiming the exemption.
(4) the Council may, on the application of the person who is exempted under subsection (1), issue a certificate stating that the person so excluded.
PART III The NATIONAL SERVICE TRAINING COUNCIL Establishment Of 5. National Service Training Council established.
Function 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.
(2) the Minister may from time to time give Council direction in accordance with this Act on the policy to be followed in carrying out 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 the laws of Malaysia ACT 62810 (c) not less than three but not more than five other members which 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 a period of — (a) where the Chairman is empty; (b) when the Chairman there in Malaysia; or (c) when the Chairman, for any reason, cannot carry out the duties of his Office.
The term of Office 8. (1) a Council Member shall hold office for a term of three years and shall be eligible for re-election.
(2) a member of Council may resign his Office by letter addressed to the Minister.
(3) the Yang di-Pertuan Agong, on the recommendation of the Minister, may revoke the appointment of members of the Council.
(4) the Office of a member of the Council becomes vacant — (a) if he dies; (b) if it has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment;
(c) if his actions, whether in connection with his duties as a member of the Council or otherwise, such that the worst is the name of the Council;
(d) if he becomes bankrupt; (e) if he is of unsound mind or otherwise unable to meet its obligations;
National service 11 (f) if he fails to attend three consecutive meetings of the Council without the permission 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.
Allowance 9. Members of the Council shall be paid such allowances at such rates as may be determined by the Minister after consultation with the Minister of finance.
Council Procedure 10. Subject to the regulations made under this Act, the Council shall regulate its own procedure.
Council Committee 11. (1) the Council may from time to time appoint such committees as it considers necessary or expedient to assist it in the performance of its functions.
(2) subject to this Act and any instructions that may be issued by the Council, the Committee may regulate its own procedure.
(3) members of the Committee may be paid such allowances and other expenses related to the work of the Committee as may be determined by the Minister from time to time by the agreement of the Minister of finance.
The power to appoint the appropriate authority 12. (1) the Council shall have the power to appoint the appropriate authorities for the purpose of the exercise of the provisions of this Act.
Laws of Malaysia ACT 62812 (2) if through or under the provisions of this Act or regulations made under this Act any person required to report to or submit any information or document to the Council, such person shall be deemed to have made such report or information or produce the document if he file a report or submit information or document to the appropriate authority should be appointed for that purpose.
(3) if through or under any provision of this Act or regulations made under this Act, any order, instruction or notification shall be given by the Council, orders, instructions or the notification shall, unless the context otherwise requires, be deemed to have been made properly and legally if were made on its behalf by the appropriate authorities appointed for that purpose.
PART IV of the NATIONAL SERVICE TRAINING DEPARTMENT Director-General and other officers 13. (1) there shall be a Chief Director of the 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 Director-General of the national service training and other officers as it considers necessary for the purposes of this Act.
Officers can be appointed to appropriate authorities 14. Director General, Deputy Directors General and other officers can be appointed to appropriate authorities for the purpose of section 12.
Minister's power to issue instructions 15. The Minister may from time to time gives the Director General of instruction, in accordance with this Act, on the exercise of the powers and discretion given to the Director General, and the obligation of national service training 13 are required to met by the Director General, under this Act or the regulations made under this Act in respect of all matters touching things engaging about national service , and the Director-General shall give effect to all the instructions.
Part V NATIONAL SERVICE TRAINING Command for national service 16. The Minister may from time to time by order published in the Gazette, and in accordance with any other means which in its opinion will give wide publicity to the order, require all or any category of persons liable to undergo national service under this Act, the national service training.
The form of the national service training periods 17. (1) national service referred to in section 16 shall be in such form and held at any place and for such period (not exceeding ninety days at any one time) as determined by the Council, by notification in the Gazette.
(2) the person affected by an order made under section 16 shall be notified by the Council, in such manner as determined by the Council, about the time and place of such person shall be presenting himself for the purpose of national service.
(3) the Council shall ensure that every effort is made to ensure that people affected by the notification under subsection (2) be notified or made aware of the requirements of that subsection.
Laws of Malaysia ACT 62814 did not attend the national service training 18. (1) any person who is presenting himself for national service as required to be made by him by virtue of notifications issued by the Tribunal under subsection 17 (2) 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.
(2) any finding of guilty under subsection (1) in respect of any person shall not discharge him from the obligation to undergo national service.
Absent without authorization 19. (1) every person who is undergoing national service absent without authorization 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.
(2) any person who persuade, endeavored to induce, obtain or attempt to obtain any person undergoing national service under this Act so that absent without authorization 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.
PART VI DELAY DEPENDANT to ATTEND NATIONAL SERVICE Delay liabilities 20. (1) subject to this section, any person who is liable to undergo national service may apply in the prescribed manner to the authorities who are supposed to get a certificate of liability for delay called the attending national service on the ground that exceptional hardship will happen if national service 15 that person called so, and he could be on the ground that apply in the prescribed manner to the authorities who are supposed to obtain the renewal of any certificate of the delay provided to it.
(2) application for certificate of delay or renewal is made under this section shall be determined by the appropriate authorities.
(3) an appeal may be made to the Council against any refusal by the authorities who are supposed to provide or renew certification delay.
(4) an application for the grant of a certificate of delay can be made within ten days after the publication of an order made under section 16, or within any further time allowed by the relevant authorities should have sole discretion; and applications for renewal of certificate of delay can be made within thirty days prior to the expiry of the period for which the certificate given or on renewed.
(5) the Minister may make regulations about the principles shall apply, and circumstances should be taken into account or not taken into account, in considering any application under subsection (1) for the grant or renewal of the certificate of delay, and about the period for which the certificate can be given a reprieve or renewed.
Change of circumstances 21. (1) where an applicant has to convince the authorities that should be about the existence of any thing or situation as a reason for granting or renewal delay and a certificate has been granted or renewed either in full or in part as a result of the peyakinan, and if at any time during the certificate in force any changes occur in any of the matters or in the circumstances, the person to whom the certificate given shall inform the appropriate authorities about the change immediately in the prescribed manner.
Laws of Malaysia ACT 62816 (2) any person who, as the person is required to notify of a change in accordance with this section, fails to do so commits an offence.
(3) if at any time in the opinion of the authorities that should be that, by virtue of any change referred to in subsection (1) or for any other reason enough, the certificate should be cancelled or the period for which the certificate given or on renewed should be shortened, the relevant authorities should be able to cancel the certificate or change it to shorten the period for which the certificate is granted or renewed.
Suspension pending appeal, etc.
22. When on the day of a person presenting himself in accordance with the notification required under subsection 17 (2) — (a) there is in force a certificate delay relating to that person; or (b) any application by the person under section 20 has been made and is waiting for results, then — (aa) in the case where paragraph (a) shall apply to a person, the notification is not in force against that person; and (bb) in the case where paragraph (b) apply to a person, effective the notification shall be suspended until the application is decided.
Suspension of the right to seek delay of dependant (s) 23. The Yang di-Pertuan Agong, if satisfied at any time that need to be in the best interest of the country or the public interest to do so, may by order — (a) cancel all or any acknowledgement delay granted pursuant to an application under section 20 and in force at the date of the order, either generally or in respect of specified categories of person or in respect of an individual; National service training and 17 (b) mengurungkan, either generally or in respect of the categories of people who are determined, any right to apply for the grant of a certificate of delay 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, the effect of the order before that.
PART VII LEAVE FROM EMPLOYMENT Leave to national service training 24. (1) every employer shall, if any of the people who work with him called to national service training for a period not exceeding thirty days, allowing people who work with him during the period of the holiday to attend the national service training.
(2) No employer shall — (a) make or cause to be made any deduction from salaries, other remuneration or annual leave that person; or (b) impose or cause to be imposed thereon or claim thereof any penalty, on the advice of his absence to work during that period.
(3) any employer or other person who — (a) directly or indirectly refuses to, or by menakut-nakuti, improper influence, or by any other means, interfere with the granting of holiday periods to any person under subsection (1); or (b) contravenes subsection (2),
commits an offence and shall on conviction be liable to a fine of not less than twice the salary and other remuneration payable to that person during the period he was called upon to undergo national service or to imprisonment for a term not exceeding two months or to both; and the Court laws of Malaysia ACT 62818 found any employer guilty of an offence under this subsection shall be memerintahkannya to pay to that person a salary and other remuneration to which he is entitled during the period of national service.
(4) Section 432 criminal procedure code [Act 593], with the exception of paragraph (1) (d), shall apply to the recovery of money payable to the employee under subsection (3).
(5) this section shall be binding on the Government of Malaysia and the Government of every State.
(6) if there is any inconsistency between the provisions of this section with the provisions of any other law, the provisions of this section shall prevail over the provisions of other laws.
PART VIII APPOINTING COACHES Minister's power to appoint coach 25. (1) a public officer or an officer or servants of a statutory body, or any of the others can be at any time presented to him notice by or on behalf of the Minister that served as a coach on the nature, in a place and on a date specified in the notice.
(2) a person to whom the notice served under subsection (1) shall comply with the notice and if he fails to do so he commits an offence under this Act.
(3) where notice under subsection (1) has been submitted to any such person, the Minister may at any time cancel the notice and, if he thinks fit, cause to be served further notice to that person under subsection (1).
National service period and 26 coach service terms. (1) any person liable to serve as a coach in accordance with a notice issued under section 25 shall be served as coach of the same on the nature and at the place and on such date as the Minister may determine from time to time in its absolute discretion, and if that person fails to do so he commits an offence under this Act.
(2) within an officer or officers or servants of a statutory body to serve as a coach he shall continue to receive remuneration as a public officer or officers or servants of the statutory bodies.
(3) the Government may make arrangements with the Government of a State or a statutory body in relation to the public service of an officer in the civil service of the State or an officer or statutory body servants such as coach under this Act, including the remuneration payable to the public officer or officers or servants of the statutory bodies.
(4) where a person not being a public officer or officers or servants of a statutory body be liable to serve as a coach in accordance with notice under section 25 work, the provisions of section 24 shall apply in respect of her employment.
(5) Notwithstanding subsection (4), the Government can make arrangement with the employer of the person referred to in that subsection in respect of the person's employment, including matters relating to the remuneration payable to that person.
PART IX VARIOUS penalties for disfigures, etc.
27. (1) any person who — (a) maim or injure any person liable to undergo national service; or laws of Malaysia ACT 62820 (b) give any drug or other substance to that person, with the intention of any of it to raise on that person any disability or innocuous as disability and thus affect the suitability or innocuous as their suitability for national service training called either generally or for any particular property, commits an offence.
(2) any person who with disedarinya make any false statements about current or past health condition of any person who is liable to undergo national service with the intention that that person is considered not suitable for national service, commits an offence.
(3) any person who is liable to undergo national service that disfigure or injure herself or give himself any drug or other substance, with intent in any of it to raise on her own any disability and thus affect the suitability or innocuous as their suitability for national service, either generally or on any particular properties , commits an offence.
(4) any person who is convicted of an offence under this section may be imprisoned for a term not exceeding ten years.
False statements and fraud 28. Any person who — (a) upon providing information for the purposes of this Act, with disedarinya or with reckless driving make any false statement of a material particulars; or (b) with intent to deceive — (i) falsify or use, or lend or allow to be used by any other person, any document under this Act; or national service 21 (ii) make or have in his possession any document which is almost similar to any document under this Act, 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.
Trial and abetment of 29. Any person who attempts to commit or aiding and abetting in the Commission of any offence under this Act shall be punished by a sentence of conviction provided for that offence.
Evidence in prosecution 30. If for the purposes of the prosecution of any person of an offence under this Act because he did not comply with the notification that presenting himself for national service under subsection 17 (2) need to show that he may at any time be liable for presenting himself to national service or that he is in a certain age range, he shall be deemed to be liable , or such, or ever be liable are within the age, at that time, unless the contrary is proved.
General provisions of offences 31. (1) any person who commits an offence against this Act for which no penalty expressly provided can on conviction liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(2) to be a defence against prosecution for an offence under this Act if a person accused of proving that he blocked comply with the provisions in this Act by circumstances beyond his control.
Laws of Malaysia ACT 62822 regulations 32. Without prejudice to subsection 20 (5), the Yang di-Pertuan Agong may make regulations to prescribe anything that may be prescribed under this Act and generally for carrying out the provisions of this Act.
Schedule (Section 2) COUNTRY That upholds the ideals our country Malaysia want to access closer unity among the entire people; preserving a democratic way of life; create a masyakarat a fair and just manner; guarantee a liberal way of cultural traditions and a rich variety of patterns; building a progressive society that uses modern science and technology: We, Malaysians, pledges to concentrate the entire energy and our efforts to achieve the ideals based on the following principles: 1. Belief in God 2. Loyalty to King and country 3. Supremacy Of The Constitution 4. The Rule Of Law 5. Decency and morality and national service training 23 laws of MALAYSIA Act 628 NATIONAL SERVICE TRAINING ACT 2003 LIST AMENDMENT law short title force amend from – no – laws of Malaysia ACT 62824 laws of MALAYSIA Act 628 NATIONAL SERVICE TRAINING ACT 2003 LIST SECTION AMENDED Section Power amend with effect from – THERE are –