Chapter IV EMPLOYMENT OF TECHNICAL PERSONNEL IN THE NATIONAL

(1) The Central Government may, by notification in the Official Gazette, declare any establishment, which is engaged in work which, in the opinion of the Central Government, is likely to assist the defence of India and civil defence, the efficient conduct of military operations, or the maintenance or increase of supplies and services essential to the life of the community, to be an establishment engaged in work of national importance and thereupon such establishment shall be a notified establishment and while making such declaration, the Central Government may require that establishment to make such provisions as may be specified in the notification in regard to the terms of service and conditions of work of its employees. (2) Every notified establishment shall be eligible to apply to a National Service Tribunal or to the Central Government for technical personnel and having so applied, shall take into its employment such technical personnel within such period and on such terms and conditions as may be prescribed.

(1) Subject to any rules made in this behalf under this Chapter the Central Government may require a National Service Tribunal to report what technical personnel, whether employed in an establishment or not, is available within its jurisdiction for employment in the National service and may by order in writing, ----- (a) require the employer in any establishment by which such technical personnel is employed to release such personnel as may be specified in the order, for employment in the national service; (b) direct any technical personnel to undertake such employment in the national service as may be specified in the order; (c) direct that any technical personnel engaged in any establishment under conditions not amounting to employment in the national service shall, for the purposes of sub-section (8), be deemed to have been taken into employment in the national service; and (d) require any notified establishment, notwithstanding that it has not made any application under section 16, to take into its employment such technical personnel within such period as may be specified in the order. (2) Notwithstanding anything in sub-section (1), a National Service Tribunal may---- (a) exercise the powers conferred on the Central Government by clauses (a) (b) of sub-section (1); (b) require by order any employer to give training in his establishment to persons for qualifying them as technical personnel; (c) direct by order technical personnel to present themselves at such place and time as may be specified in the order for interview or inquiry and if so required, for submission to a test of their technical skill. (3) Any order made by the Central Government under sub-section (1) and by a National Service Tribunal under sub-section (2) shall be complied with within such period or on such date as may be specified in this behalf in the order. (4) The Central Government or, as the case may be, a National Service Tribunal may, by order in writing, transfer technical personnel from one form or place of employment in the national service to another; and the employer and the personnel concerned shall comply with such order.

(1) Every person who was employed in an establishment immediately before his employment in the national service and whose employment in the national service has not been terminated by dismissal for serious misconduct shall, on his release from such employment in the national service, be entitled to be re-instated in his former employment, in accordance with such conditions as may be prescribed: Provided that in determining such conditions regard shall be had to the additional skill and experience acquired by him in the course of his employment in the national service. (2) The Central Government may by rules made in this behalf provide for the appointment of Technical Personnel (Re-instatement) Tribunals to deal with such matters in relation to re-instatement of persons released from employment in the national service as may be prescribed.

(1) Subject to any rules made in this behalf, a National Service Tribunal may require any establishment (including a notified establishment) to post before a specified date and to keep posted, on its premises notices intimating that----- (a) no person included within the definition of technical personnel who is employment in the establishment shall at any time after the posting of the notice, leave his employment without the previous permission in writing of the National Service Tribunal; (b) if the National Service Tribunal refuses such permission, that Tribunal may lay down, subject to the prescribed conditions, the terms of service on which the employer shall continue to retain him in employment; (c) if any such person leaves his employment without the previous permission in writing of the Tribunal as aforesaid he may be directed by the Tribunal to return to his employment. (2) After notices referred to in sub-section (1) have been posted on the premises of any establishment (including a notified establishment), no employer in the establishment shall engage, discharge or dismiss any person included in the definition of technical personnel except in accordance with rules made in this behalf.

(1) Whoever contravenes any order of the Central Government or of a National service Tribunal made under section 17 or wilfully fails to comply with any summons, requirement, direction or order issued or made by the Central Government or by a National Service Tribunal under any other provision of this Chapter shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding Rs. 1,000, or with both. (2) No court shall take cognizance of any offence punishable under sub-section (1) except with the previous sanction in writing, ----- (a) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of the Central Government, of the Central Government; (b) in the case of contravention of any order or any wilful failure to comply with any summons, requirement or direction of a National Service Tribunal, of the National Service Tribunal. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under sub-section (1) shall be cognizable. (4) No court inferior to a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under sub-section (1).

Any summons, notice, requirement, direction or order issued, made or given to any person under this Chapter may be served by being sent by registered post addressed to that person at his last known residence.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may prescribe--- (a) the occupations which shall be notified occupations for the purposes of this Chapter; (b) the composition, powers and procedure of National Service Tribunal; (c) the technical personnel, which may be taken into the employment of any notified establishment under sub-section (2) of section 16 and the period within which and the terms and conditions on which such personnel shall be so taken; (d) the medical authority before whom any person may be required to submit himself for examination under sub-section (6) of section 17; (e) the terms of service of technical personnel taken into employment in the national service; (f) the conditions in accordance with which persons released from employment in the national service may be re-instated in their former employment; (g) the appointment of Technical Personnel (Re-instatement) Tribunals and the matters in relation to re-instatement which such Tribunals may be required to deal with; (h) the provisions relating to engagement, discharge or dismissal of persons by any employer in any establishment on the premises of which notices have been posted under sub-section (1) of section 19; (i) any other matter which may be prescribed or which is to be provided for by rules. (3) Any rule made under this Chapter may provide that a contravention of the rule shall be punishable with imprisonment for a term not exceeding six months, or with fine not exceeding Rs. 1,000, or with both.