Section 2 of The National Service Act, 1972 in hindi
In this Act, unless the context otherwise requires,
- (a)"employer" means any person who employs any qualified person for doing any work in any establishment and includes any person entrusted with the supervision and control of qualified persons in such establishment.
- (b)"establishment" means--
- (i)any office, or
- (ii)any place where any industry, trade, business or occupation is carried on, and includes any technical institution or training centre;
- (c)"national service" means any service which is likely to assist the defence of India and civil defence or the efficient conduct of military operations and includes such social service as the Central Government may, if it is of opinion that it is necessary for public purposes so to do, by notification specify in this behalf;
- (d)"notification" means a notification published in the Official Gazette;
- (e)"prescribed" means prescribed by rules made under this Act;
- (f)"qualified person" means a citizen of India who is ordinarily resident in India and who,--
- (i)has obtained a recognised medical qualification within the meaning of the Indian Medical Council Act, 1956 (102 of 1956), or
- (ii)has obtained, or has passed an examination which entitles him to obtain, a degree of a University or its equivalent qualification in any branch of engineering or technology or both. Explanation.-- For the purposes of this Act, a qualified person who is resident in India shall be deemed to be ordinarily resident there unless--
- (a)he is residing there only for the purposes of attending a course of education; or
- (b)the circumstances of his residence there are otherwise such as to show that he is residing there for a temporary purpose only; or
- (c)he, being a person who was born or domiciled in any country outside India, has been resident in India for less than two years.
Summary
- An employer is anyone who employs qualified persons, including supervisors, while an establishment means any office, technical training centre, or workplace where trade, industry, or business is carried on.
- National service includes any service that assists the defence of India, civil defence, or military operations, and it can also include social service that the Central Government specifies by notification in the Official Gazette.
- Prescribed means decided by the rules of this law, and a notification refers to an official public notice published in the Official Gazette.
- A qualified person is an Indian citizen ordinarily resident in India who holds a recognized medical qualification or has a degree (or passed exams to get a degree) in engineering or technology.
- A resident is considered ordinarily resident in India unless they are there only to study, are there for a temporary purpose, or were born abroad and have lived in India for less than two years.
Practical examples
FAQ
1. Who qualifies as a qualified person under this law?
A qualified person is an Indian citizen who normally lives in India and has either a recognized medical qualification or a university degree (or has passed exams to get a degree) in engineering or technology.
2. Can social service be considered a form of national service?
Yes, social service is included if the Central Government is of the opinion that it is necessary for public purposes and publishes an official notification specifying it.
3. Does a person need to have their physical degree certificate in hand to be considered a qualified person?
No, passing the examinations that entitle a person to get an engineering or technology degree is enough.
4. What workplaces count as an establishment under this law?
An establishment means any office, any place where trade, business, industry, or occupation is conducted, and includes technical institutions or training centres.
Test yourself
Q1.Under Section 2 of The National Service Act, 1972, which of the following is considered a qualified person?
Q2.Under Section 2 of The National Service Act, 1972, an Indian citizen residing in India is NOT deemed to be ordinarily resident if they are living there for which of the following reasons?
Q3.Under Section 2 of The National Service Act, 1972, what does the term national service include?
Q4.Under Section 2 of The National Service Act, 1972, how is a person who supervises qualified persons in an office classified?
Q5.Under Section 2 of The National Service Act, 1972, how long must a person who was born outside India reside in India to be deemed an ordinary resident?