POSTPONEMENT OF NATIONAL SERVICECentral

Section 21 of The National Service Act, 1972 in hindi

(1)If, at any time, while a postponement certificate is in force, it appears to the Central Government that, by reason of any change in the circumstances of the qualified person to whom the certificate was granted or of his employer, where such certificate was granted on the application of such employer, the certificate ought to be revoked or the period for which it was granted or last renewed ought to be shortened, the Central Government may apply to the National Service (Hardship) Committee, and that Committee may either reject the application or cancel the certificate or vary it by shortening the period.
(2)Where an application is made under sub-section (1), the person to whom the postponement certificate in question was granted, and where such certificate was granted on the application of an employer, such employer, shall be entitled to be heard on the application and the provisions as to appeals contained in section 20 shall apply in relation to the application as if it were an application for the grant of a postponement certificate.

Summary

The Central Government can ask the Hardship Committee to revoke or shorten a postponement certificate if circumstances change.
This applies if the situation of the qualified person changes, or if the employer's situation changes (if the employer applied for the certificate).
The Committee has the power to reject the Government's application, cancel the certificate entirely, or reduce the time it is valid.
The person holding the certificate, and their employer if applicable, have the right to be heard during this process.
If the certificate is revoked or shortened, the person or employer can appeal the decision using the same rules as if they were applying for a new certificate.

Practical examples

1Arjun is granted a postponement because his family business is facing a crisis. A year later, the business recovers and makes record profits. The Central Government notices this change in circumstances and successfully applies to the Committee to cancel Arjun's remaining postponement time.

2A hospital gets a postponement for Dr. Sharma because they are short-staffed. Six months later, the hospital hires three new doctors. The Central Government asks the Committee to shorten Dr. Sharma's certificate, but Dr. Sharma and the hospital are allowed to present their side of the story before a decision is made.

FAQ

1. Can my postponement certificate be taken away before it expires?

Yes, if your circumstances or your employer's circumstances change, the Central Government can request that the certificate be cancelled or shortened.

2. Will I get a chance to defend my postponement?

Yes, the law guarantees that you, and your employer if they applied, are entitled to be heard by the Committee.

3. What can the Committee decide to do?

The Committee can reject the Government's request, cancel your certificate completely, or simply shorten the amount of time you have left.

4. Can I appeal if they decide to cancel my certificate?

Yes, you have the right to appeal the decision.

Test yourself

Q1.Under Section 21 of The National Service Act, 1972, who has the authority to apply to the Hardship Committee to revoke or shorten a postponement certificate?

Q2.Under Section 21 of The National Service Act, 1972, a person can appeal if their postponement certificate is revoked, using the exact rules from Section 20. Based on Section 20, what is the strict time limit for the person to file this appeal after the Committee decides to revoke the certificate?

Q3.Under Section 21 of The National Service Act, 1972, the rules for appealing a revoked certificate are the same as those in Section 20. According to Section 20, which court has the power to hear this appeal regarding the revoked certificate?

Q4.Under Section 21 of The National Service Act, 1972, what triggers the process to potentially revoke a postponement certificate?

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