CHAPTER 193
NATIONAL SERVICE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT AND MEMBERS OF SERVICE

   3.   Establishment of the Service.

   4.   Members of the Service.

   5.   Serviceman.

   6.   Liability to be called up for National Service.

   7.   Restriction on employment of persons liable to serve in the National Service.

   8.   Appointment of Registrar of National Service.

   9.   Rules relating to registration.

   10.   Registration.

   11.   Obligation of persons liable to report and service of enlistment notices.

   12.   Postponement of certificates.

   13.   Appeals from determination of National Service (Hardship) Committees.

   14.   Revocation of postponement certificates.

   15.   Provisions as to National Service (Hardship) Committees.

   16.   Exemption from liability.

   17.   [Repealed.]

   18.   Prolongation of engagement and secondment.

   19.   Discharge.

PART III
ORGANISATION AND GOVERNMENT OF THE SERVICE

   20.   Units of the service.

   21.   The Chief of National Service.

   22.   [Repealed.]

PART IV
DUTIES AND EMPLOYMENT OF THE SERVICE

   23.   Duties of Servicemen.

   24.   [Repealed.]

   25.   President may send servicemen to neighbouring states.

PART V
DISCIPLINE

   26.-29.   [Repealed.]

   30.   Persons causing disaffection, etc.

   31.   Arms and accoutrements.

   32.   False statements and forgery.

   33.   Penalty for other offences.

PART VI
RULES AND ORDERS

   34.   Rules and orders.

   35.   Rules to prevail where conflict between rules and written laws.

PART VII
MISCELLANEOUS PROVISIONS

   36.   Unlawful possession of articles supplied to members of the Service.

   37.   Unauthorised use of uniforms, decorations, etc.

   38.   Use of uniforms or other articles for theatrical performance.

   39.   [Repealed.]

   40.   [Amendment of Laws.]

   41.   Transitional provision.

SCHEDULES

CHAPTER 193
THE NATIONAL SERVICE ACT

An Act to make provision for the establishment, maintenance, government and discipline of a National Service and for related matters.

[6th March, 1964]

Acts Nos.
16 of 1964
17 of 1964
[R.L. Cap. 553]

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the National Service Act.

2.   Interpretation Acts Nos. 47 of 1964 s. 2; 64 of 1966 s. 2; 31 of 1974 s. 2; 22 of 1975 s. 3">

   (1) In this Act unless the context otherwise requires–

   "appropriate authority" means the authority charged, in accordance with rules or orders made under this Act, with responsibility for the matter in question:

   Provided that the reference appropriate authorities in section 6 and, in so far as it relates to persons seconded to the Service, in section 7, shall be construed as a reference to such appropriate authority aforesaid acting with the concurrence of such officer having authority in or over that part of the civil or military service of the Republic from which such person is seconded as may be appointed by the President;

   "Director" means the Director of National Service appointed under this Act;

   "enlistment notice" means the enlistment notice provided for in section 5F;

   "member" in relation to the Service includes both a Serviceman enlisted or engaged under section 5 or section 5F;

   "Minister" means the Minister responsible for the National Service;

   "national service register" means the register required to be kept by the Director under section 5C;

   "postponement certificate" means the certificate which may be granted under section 5G;

   "Registrar" means the person appointed in section 5C to keep the national service register and includes an Assistant Registrar;

   "Serviceman" means a member of the Service enlisted or engaged under section 5 or section 5F.

   (2) The Minister may, by order in the Gazette, appoint any public officer or any officer of a university, college, school or other educational institution or establishment to be an Assistant Registrar in relation to such category of persons as may be specified in such order.

PART II
ESTABLISHMENT AND MEMBERS OF SERVICE (ss 3-19)

3.   Establishment of Service Act No. 22 of 1975 s. 4">

   (1) There shall be established and maintained a service to be known as the National Service.

   (2) The functions of the National Service shall be–

   (a)   to train young citizens of the United Republic to serve the nation in the spheres of social and economic development and the defence of their country;

   (b)   to impart military training to its members with a view to enable such members to qualify for recruitment or engagement as soldiers for the infantry battalions of the Peoples Defence Forces of Tanzania;

   (c)   to participate in national defence operations.

4.   Members of Service Acts Nos. 47 of 1964 s. 3; 64 of 1966 s. 3; 22 of 1975 s. 5">

   (1) The National Service shall consist of such number of members as may, for the time being, be determined by the President.

   (2) The members of the National Service shall be–

   (a)   persons who enlist voluntarily under section 5;

   (b)   persons who are enlisted under section 5F.

5.   Serviceman Acts Nos. 64 of 1966 s. 4; 22 of 1975 s. 6; 28 of 1978 s. 7">

   (1) The appropriate authority may enlist into the National Service a male or female citizen who, at the time of his or her first enlisting, is between the age of sixteen and thirty five years (both inclusive).

   (2) Every serviceman shall be enlisted to serve in the National Service for a period of–

   (a)   in the case of a serviceman enlisted voluntarily under subsection (1), three years;

   (b)   in the case of a serviceman enlisted in consequence of an enlistment notice under section 11, one year,

and on the expiry of such period a serviceman may, if he so wishes and the appropriate authority so agrees, be re-engaged for a further period of the same duration as the period of his original enlistment:

   Provided that in calculating any period of enlistment provided for by this subsection no account shall be taken of any period during which the service of the serviceman is suspended at his request and with the consent of the Director.

   (2A) Where in the opinion of the Chief of National Service any serviceman enlisted pursuant to an enlistment notice under section 11 has not, on completion of the period of one year provided for in subsection (2) of this section, attained a standard normally expected of a serviceman in the National Service, the Chief of National Service may, by order under his hand, extend such period of one year by six months or such shorter period as the Chief of National Service may in such order specify, and in any case in which such order is made the provisions of subsection (2) of this section shall take effect as if the reference in paragraph (a) thereof to the period of one year were a reference to such period so extended.

   (3) After the conclusion of his engagement with the National Service, a serviceman shall form part of the National Service Reserve and shall be liable to serve any branch of the Defence Forces when called upon to do so in such manner and for such purposes as the Minister may, by regulations under section 34, prescribe.

   (4) Every serviceman shall, on first joining the National Service, make the declaration set out in the first Schedule hereto.

6.   Liability to be called up for National Service Act No. 31 of 1974 s. 5">

   (1) Subject to the provisions of this Act every person to whom this section applies shall be liable to have his name entered in the National Service Register and to be called upon to serve in the National Service in accordance with the provisions of this Act.

   (2) This section shall apply to every male or female citizen who has attained the apparent age of sixteen years but has not attained the apparent age of thirty-five years and–

   (a)   who has completed an academic year in Form VI or has attained such alternative academic standard as the Minister may, by order in the Gazette, prescribe; or

   (b)   who having completed an academic year in Form IV subsequently enrolled in any post-secondary school institution, whether within or outside Tanzania, for a course of studies (other than a correspondence course only) and has ceased to be a student of such institution either because of the completion of the course of studies or because he has abandoned the course after having been such student of such institution for a period of not less than one-half of the normal duration of the course:

   Provided that–

   (i)   the provisions of this subsection shall not apply to any person who completed an academic year in Form VI or attained the prescribed academic standard or ceased to be a student of any institution referred to in paragraph (b), as the case may be, before 1st November, 1966;

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